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HomeMy WebLinkAboutpitkin.planning.264328203002 (2007)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) ~~zc, ( ~ LC- This has been tabled...Alan wants to keep it open indefinitely. ~ma.~,C Z`Za~ag fan CQ ~ ~~ ~n~ ~~~~~ ~ S~~ QCP r ~2 ~ she.C~' -~o Ie~ s~Pa~i ~ic~v~ia~c max 3613 ~v~ie~c, ~?eslo~cctdo. 81612 March 20, 2007 ~ ~ s~ ~, ~lso~e%ax (9?0)920-1125 a~cccls~cadc~~ou~i,¢.ket Mr. Ezra Louthis, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: HOPKINSON REINSTATEMENT OF VESTED RIGHTS Dear Ezra, This is an application requesting reinstatement of the vested rights previously granted to Lot 3, Block 4, Brush Creek Village Subdivision, Filing No. 1. The Parcel ID# for this lot is 264328203002. A vicinity map locating the lot within the subdivision is included within this application. The application is being submitted by Ron and Sue Ellen Hopkinson, the owners of the property (hereinafter, "the applicants"). A legal description and proof of ownership of the property is provided in the Warranty Deed, attached hereto as Exhibit #1. The applicants are being represented by Alan Richman Planning Services for this application. A letter from the applicants confirming this arrangement is attached as Exhibit #2. You issued apre-application conference summary form on March 6, 2007 (see Exhibit #3, Pre-Application Conference Summary). In that document you indicated that the development review procedure established by the Pitkin County Land Use Code to accomplish this request is as follows: Extension or Reinstatement of Vested Property Rights, pursuant to Section 2-20-170 (d) of the Land Use Code. The following sections of this application identify the provisions of the Land Use Code applicable to this procedure and provide responses to the applicable County standards. First, however, a brief description of the previous approvals granted to the property and an explanation of the purpose of the proposed reinstatement are presented below. ®®®Q®1 Mr. Ezra Louthis March 20, 2007 Page Two Property Description The subject property is 2.76 acres in size and is zoned AR-10, making it a nonconforming sized lot of record. This Board-approved lot was created in 1966, when the plat for the Brush Creek Village Subdivision was filed in Plat Book 3, Page 62 of the records of the Pitkin County Clerk and Recorder. As shown on the vicinity map, this lot is located along Medicine Bow Road, adjacent to its intersection with Solar Way, in the middle of Brush Creek Village. It is vacant, without any significant improvements. In 2002, the prior owner, Mr. George McGrath, submitted an application for 1041 approval for this lot. Mr. McGrath was one of the first owners of a lot in aBoard-approved subdivision to be subject to the County's policy change requiring such lots to obtain 1041 review. Mr. McGrath had already received approval from the Board of Adjustment to construct a retaining wall for his planned driveway (see Board of Adjustment Resolution 02-15, attached as Exhibit #4) when this policy change was implemented. Mr. McGrath's 1041 application was denied by the Pitkin County Hearing Officer on December 24, 2002, pursuant to Hearing Officer Determination No. 48-2002 (see Exhibit #5). As stated in this Determination, the sole reason for the denial was that slopes on the property exceed 30%. As was explained in the staff report, there is no area on the lot with slopes less than 30%. Mr. McGrath appealed to the Board of County Commissioners that the Hearing Officer's denial constituted a taking of all beneficial use of this property. His appeal pointed out that there is no area on the property with slopes of less than 30%, and the proposed building envelope is in the most suitable area for development. The BOCC considered this matter at meetings held on March 12 and March 26, 2003. The Board concurred that there is no area on the property that is less than 30% and that the denial constituted a taking of all beneficial use of the property. Therefore, the Board approved Resolution No. 026-2003 (attached as Exhibit #6), remediating the taking by granting approval to the McGrath 1041 Hazard Review. Following this approval, a 1041 Site Plan was recorded for this lot in Plat Book 66 at Page 19 of the Pitkin County Records. The applicants purchased this property in May of 2005 and have been working since that time to prepare plans for the development of asingle-family residence within the approved building envelope. Recently, they learned that the vested rights granted to the property pursuant to Resolution 026-2003 expired on March 26, 2006. Although they are aware that the 1041 site plan for the property is still in effect, they would feel much more comfortable in proceeding with the design of a residence for the property if the County would reinstate their vested rights. ooooo~ Mr. Ezra Louthis March 20, 2007 Page Three The applicants' representatives have discussed this matter with the County staff. The staff has pointed out that another option for the applicants is to submit a new activity envelope plan for review. The applicants recognize that this is a viable way of obtaining an additional three years of vested rights for this property. However, they feel that given the detailed scrutiny which this lot received in 2002/2003 and the fact that all reviewers have agreed that the proposed building envelope was properly located, it makes little sense to start the process over again. Instead, they would ask the County to grant this reinstatement of vested rights, subject to the conditions that were applied in the original review and any new conditions that should apply due to the fact that the County has since adopted a new Land Use Code. The applicants have been made aware of the provisions of the new Land Use Code and agree that the applicable provisions of the current Code should apply to the requested reinstatement. Standards for Reinstatement of Vested Rights Section 2-20-170 (d) of the Land Use Code authorizes the Board to grant a reinstatement of expired vested property rights for a period of up to three (3) years. It states that the approved development shall be required to conform to the terms and provisions of the Land Use Code in effect at the time of reinstatement. The applicants agree to this provision. This section also requires that a request for reinstatement be made within one (1) year of the date of the expiration of the development right. This application has been submitted prior to March 26, 2007, in compliance with this requirement. In deciding whether to grant the reinstatement, the Board is required to consider certain criteria. Following are the applicants' responses to these criteria: (a) The applicant's compliance with anyconditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: The applicants have reviewed the conditions listed in Resolution 026-2003. None of these conditions were required to be met by a date certain. Nevertheless, Condition #2, requiring a site plan to be filed, was met in August, 2003. The applicants have no objections to any of the other conditions of approval. (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: Progress has been made in pursuing this project by both the prior and the current owners of the property. Following the recording of the 1041 site plan, the prior owner of the property graded and improved the driveway that provides access to the approved building envelope. ®®®U®:~ Mr. Ezra Louthis March 20, 2007 Page Four The applicants have been diligent in pursuing this project since they purchased the property in May of 2005. This has included work with a local engineer (Schmueser Gordon Meyer) on site plan issues, work with an architect on a preliminary house design, and discussions with a builder about the construction of the residence. In total, the applicants have spent approximately $25,000 to $50,000 on professional services necessary to pursue the project. (c) The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications. Response: Impact fees for this project will be due and will be paid when a building permit application is submitted. The applicant will not only pay the current road impact fee for the house, as required by condition #17 of Resolution 026-2003, but will also pay the affordable housing impact fee that was adopted subsequent to the approval of said resolution. (d) The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The needs of the County that would be served by this reinstatement are that a redundant review would be avoided, saving the staff from having to repeat the work it previously accomplished to grant the original approval. Moreover, from the standpoint of fairness, we would ask the County to consider the many steps that the prior owners of this property went through just to obtain the original approvals and to not require the current owners to repeat these efforts simply to arrive at the same conclusion as before. Conclusion I believe the above responses and the attached documents provide the information you require to process this application. If there is anything else you need, please do not hesitate to contact me. Very truly yours, ALAN RICHMAN PLANNING SERVICES ~,.~,. 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S ~~ I p ~ r ~ ,~ ~ Q ~ ~ ~ ~, O ~ ~ 3 ~~ ~_ ~ ~ w v t 3 n ~ o ~ ' r O ~ ~~ .`~ ~ ~ ~~ ~ ~ ~ c`~+ ~ ~ ~` r v, ~ `p ~ ~ ~7 d ~~ O ` 3 -~ sN N i-iY.+ - ~I~ o RQ Q K~~' N Q~ , Ups . ~< G ~N ~ro ~.~ Q fl S .Q 0 ~C ~ ~. ~. -~ o ~ ~- ~~ m kn ~ I 9 Y. ~ Q m Q ~ 0~ 0 Q~ coo ~Ffl r~ co -o ~ 3 0 I~ 4 `.~ ...w~' N ~' N Q _g G ~ 0 /Z) ~ S ~ ~ ~ ~ ~ ~ D ~ © 1 ~ `~ ~ d Q ~ ~ N 7U p~ ~ ht ~ ~ ~ggg ~ ~ Y ~ ~ ~ EY, ~ ni N Q ~ rCn ~ ~ o ~ ~' ~ ~ i I I ~ ~ rn S ~~ ~ can ~ { ~ EXHIBITS ooooo~ EXHIBIT #1 WARRANTY DEED THIS DEED, made May 12, 2005, Between P. STANLEY BOOTHE of the County of PITKIN, State of CO, GRANTOR, AND REGINALD RONALD HOPKINSON and SUE ELLEN HOPKINSON, GRANTEE whose legal address is : 28 BURR FARMS ROAD, WESTPORT, CT, 06880 of the County of State of CT WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the gran#or has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, their heirs and assigns forever, all the real properly together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT 3, BLOCK 4, BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1, according to the Plat thereof filed January 19, 1966, in Plat Book 3 at Page 62. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. And the Grantor, for their, their heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, their heirs and assigns, that at the time of the enseaiing and delivery of these presents, their is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. ~"'""~~~""~"" ~~-~..,,.___ ..u_ SIGNATURES ON PAGE 2 ~'~ ., ~ ~REF3Y ~~~~-`~' 1~ffS 71~ g~ q ~r' SUE kip ~4RR~C`I' f3F ~'} ~" ' ~IGf~IAL. AflC#li4C~N£ ~= ~'~ ~-:, P~{N C()tlI~IY TITi.E, NreC: ~~ ~. ~; ~` 00®009 1 SIGNATURE PAGE TO WARRANTY DEED PAGE 2 -- ~ ~ ~ ~~. ~. STANLEY BOOTI-{~E~ STATE OF ( G I`v r4 ~-~~ ) ss COUNTY OF ~ ~ ~ ice.- ) The foregoing instrument was acknowledged before me this ~~.L day of ~~ , 2005, by P. STANLEY BOOTHE. ~ r fig/ ~ ~(~i~ WITNESS my hand and official seal ~/ 1.~~-~" l ~--._- my commission expires: __ --~;': ?: ` • Notary Public fI 1 ~!1 ~ //~ c ' (f tl'~ O f IJ S ( O ~.. 1( O O t o 7 y . O L ' 3. ..,~ t ,:r .: ®~ ~ ®.~. HLHN K l l.:hPIHN 97@92@ 1 1 25 p_ @2 EXHIBIT #2 Mr. Ezra Louthis, Planner Pitkin County Cornrnunity levelopment Department 130 South Galena Street Aspen, Colorado 81819 RE: HOPKINSON t3E-INSTATEMENT OF VESTED RIGHTS Dear Mr. Louthis, We hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted #o your office for our property, Lot 3, Blook 4, Brush Creek Village Subdivision, Filing No. 9 . Mr. Richman is authorized to submit an application to re-instate the vested rights previously granted to this lot by the Board of County Commissioners. Mr. Richman is also authorized to represent us in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely, Ron and Sue Ellen Hopkinson 28 Burr Farms Road Westport, CT 06880 212-906-1840 ot~ao~.~ EXHIBIT #3 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: Hopkinson Reinstatement of Vested Rights LOCATION: Lot 3, Blk 4, Brush Creek Subdivision PID# 264328203002 ZONING: AR-10 OWNERS: Hopkinson REPRESENTATIVE: Alan Richman PHONE: 925-1125 DATE: March 6, 2007 Type of Application: Reinstatement of Vested Rights PLANNER: Ezra Louthis, 920-5092 Description of Project/Development: The Applicant received 1041 Hazard Review approval pursuant to a Takings. The vested rights expired in 2006, and the Applicant would like to reinstated the rights. Land Use Code Sections to be addressed in letter of request (annlicationl: Sec. 2-20-170(d): Extension or Reinstatement of Vested Property Rights: Reinstatement of Development Approval Staff will refer the application to the following agencies: Brush Creek HOA and Metro. Review by: BOCC. Public Hearing: The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of the notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appear no more than 60 days prior to the date of the public hearing. FEES: $974 (make check payable to "Pitkin County Treasurer") ° Planning Office flat fee: $924 (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $231/hour) o Public Notice Fee: $50 To apply, submit 7 conies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. Previous Land Use Approvals; 3. Proof of ownership of subject property; 4. Parcel description, including legal description and vicinity map; 5. Total fee for review of the application; 6. Signed fee agreement (1 copy); 7. Consent from owner(s) to process application and authorizing the representative (1 copy); 8. List of all adjacent properly owners (1 copy); 9. Copy of this preapp form. NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCL UDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. ®®OU?2 { ' FROM EXHIBIT #4 si917WdOl~Ol 'S '~aQea~!j paniaaa~ P1 - • -~ ItESCSLUTION C.}r THE P17'Kll~ f~nU~?Y, C;OI~.4itAnCD Iitl~t}tty t)~' AD3U5~('MENT ~ GRA~iT1nG A V.~RI.q;VCE 1~OI:2 GF..URVL h1C RATI-i resolution t1'o. 02-15 WHER.Er~S, Creoege McGrath, or~:ae: of Lot 3, HIack 4, Brush Cnek'Ji la6e, is recluestmg a height variance ~cvhere 30 incile,~ is allflwed for tha construction of a driv way and retaining wall; and WHEitEAS, 30 incites is the:naxitnutn height allowed for this 3.5 acre ~arcel in the AFR-10 zone c~t5[TiGt; and ~ ~1T~AS, the subject properts- is descn'bCd ns Lot 3, Bloelc 4, Brush Creek village, but is fttily d~bed. ~ Exhibit A; aid, I Wi-iEI;tEAS, tl~e Board of Adjustment is vested wit}l~the power so grAaz ~r deny such variances by . virate of Tine iI, Section 7-10.34, Piticin County Code (Land Use, Coded and Golvrado Revised Statutes, I973, 30-28-1 I ${2) (C); and, F V~I,FTER>rAS, b~scd on ~e evidence presented, tl~e Beard of Adjustrnent;makes the foUvwin~ fiT-dingS: 1, k'raper notice procedures, including the natiftcation of ail adjoining ~ropetty o~mecs, bas beer: shown by the applicant, Z. The required hardship or practical difficulty hits been established. 3. Granting such r~lief will not cease substantial cletrinent to fhe pub` c tuzlfare and will not substantially [t»}~ir the intent and purposE o~~ the Zoning Resoltrtia and the zoning zraaps. NOtiV, TFSBRl1p()F.E, BL• 1T RESULVED by the Board oFAdjzzstrnc:n that a [~.eigTit,variance sha]I be granted for the construction of a driveway and retaining wall as rho non E~chibita S end C, due to topographical hardships. „~ ~ ~,R.~.L1 GS ~~• ti'ao~:i~ oi" cr:e t~s of This sesoluhot2 nyay resin[ i~ rzi~aring and possible ~ ~ revOCaTion_ •~t ~ I 'T~-:e Resoluuoa was adopted by voce of the Board of Adjustment of th~ Cousrty of Piticin, State of Colorado. t ., DATED: April 2, 2002 ATTEST: Conne Harley, ~crecary ~ Pizkiri County DoRrd ofAdjustmeut A~~,~~rya ~„ 2„ ~~~~~~~ illl~ll~fll~l~l~'~II~Ih~I~I~n~BlluU °ss:~n,.. 7. '~ R9ti? 'nN ac~nini nincNini iniki i : ti cnn~ •c •~~n EXHIBIT #5 DETERMINATION OF THE HEARING OFFICER OF TIIE COMMUNITY _ , / DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, DENYING THE" McGRATH 1041 HAZARD REVIEW Determination No. ~~ -2002 RECITALS 1. George McGrath (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (Hereafter "Hearing Officer") for 1041 Hazard Review approval to establish a budding envelope for the constriction a new single-family residence. 3. The property is zoned AFR-10 and contains 2.7~ acres 4. ,The Hearing. Off cer heard this application at a public hearing on December 17, 2002, at which time evidence and testimony were presented with respect to this application. 5. The Hearing Officer fords that the building envelope is contained entirely on slopes in excess of 30 percent. 6. The Hearing Off cer further finds that development on slopes greater than 30 percent is prohibited pursuant to Code Section 3-80-050 (C} (2). NOW THEREFORE BE IT RESOLVED..by the Pitkin County Hearing Officer that approval is hereby denied to the McGrath 1041 Hazard Review since the proposed access will result in disttu-bance of slopes in excess of 30 percent, which is prohibited pursuant to Code Section 3-80-050 (C} (2) of the Land Use Code. ooou~4 Hearing Officer Determination No._-2002 Page 2 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 16th DAY OF NOVEMBER 2002. DENIED ON THE 24th DAY OF DECEMBER 2002. ATTEST: e hanie Dubuc , Administrative Assistant APPROVED AS TO FORM: HEARING OFFICER OF PITKIN COU/JNTY, COL(O~R.ADO %~-` -K ~ ° James R. True, Hearing Officer Date:_ j 2 ~2 `~ ~D Z- l ~ APPROVED AS TO CONTENT: ~_`- ~,--~._ John , ttorney Case #PI48-02 PTDm 264328203002 ^~ ~.~~~~~c~t Cindy Houben, Community Development Director 2 a a N N N O ~ d' ~' "' ~ C3~ ~ ° a '~ N N ~ .' r"' d r r.. ~ ~ .+ '~ a ~ B .~~- ~ ~-- ~ ! .~--- ~ ''. ~~ I ~- ~----~- ~-- ~-o i ~v .~-- r ~: ~- ~- ~= z o ,~---= v Y ,~.~ .~-= a ""'~.-- to ~- ~..~- > ~o ~w.J N 0-~0~~ 5 ~ ~, ^~ uC EXHIBIT #6 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR McGRATH 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Resolution No.~-2003 RECITALS 1. George McGrath ("Applicant") applied to the Pitkin County Hearing Officer for ] 04l Hazard Review and Conceptual Submission to establish a building envelope for the construction ofa single family residence. 2. The property is located in Brush Creek Village Subdivision and is more specifcally described as Lot 3, Block 4. 3. The property is zoned AFR- l0. The property contains approximately 2.76 acres and is non- conforming in size. 4. ~ The Hearing Officer denied the request on December 24, 2002, pursuant to Determination No. 48- 2002, at a public hearing. The Hearing Officer found that the entire property is totally encumbered by slopes in excess of 30 percent. The Hearing Officer further found that development is prohibited on slopes in excess of 30 percent pursuant to Section 3-80-050 {C) (]) of the Pitkin County Land Use Code. 5. The Applicant submitted a request for a takings determination pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code on January 8, 2003 to determine whether the Hearing Off cer's denial of the application constitutes a taking of private property without just compensation. 6. The BDCC considered the takings. request at a regular meeting on Marchl2, 2003, at which time further evidence and testimony were presented with respect to the taking. 7. The BDCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code, based on the following findings: A. There is no area on the property that is not encumbered by slopes of less than 30 percent; B. The denial constitutes a taking. of alt reasonable use and economic return from the subject property. The BDCC considered the remediation at a regular meeting on March 26, 2003. at which time the conditions of approval were accepted. NOW, THEREFORE, BE IT RESOLVED by the BDCC that the denial of the McGrath ] 041 Hazard Review and Conceptual Submission constitutes a taking pursuant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. 11I~1 ~ ~I~( I I I Paq~ : 1 of 3 I I~~rl! ~~III It~ll~ ~ 481004 { III I ~~)~ II ~11 ~~( ll 0 4 /04/2003 !2: 4 ~1~1 I~ 1 4 F ~fll' ~I SILVIR ORVIS PITKIN COUNTY CO R 8.00 D 0.00 ~~®®~~ Resolution No.~-2003 Page 2 BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval to the McGrath l 04 f Hazard Review and Conceptual Submission subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shalt adhere to all material representations made in the application and public meetings. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 ofthe Land Use Code. The site plan shall also be submitted in a digital format for integration into the County Geographic Information System (GIS). TIIe App}icants shat! obtain an access permit from the Pitkin County Engineer prior to building permit submission. 4. Tlie applicant shal l comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum JO foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuit_vof the fuels a minimum of a 30 foot perimeter around the structure. C. For a distance of ] D feet arolmd all structures establish and maintain vegetation at 6 inches or less. Woody vegetation should not be planted and flammable material should not be stored within this perimeter. D. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height ofthe fuel. Maximum diameter ofthe clumps shall be two times the height ofthe fuel. All measurements shall befrom the edges ofthe crowns of the fuel. E. All branches from trees and bnisll within the 30 foot perimeter shall be pruned to a height of l0 feet above tl~e ground and ladder fuels from around trees and brush shall be removed. F. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns_ G. All branches that extend over tl~e roof eaves shall be trimmed and all branches within 15 feet ofthe chimneys shall be removed. H. The density of fuels within a ] 00 foot perimeter ofthe structure shall be reduced. 1. A11 deadfall within the 140 foot perimeter shall be removed. J. The applicant shall be responsible for the continued maintenance ofthe defensible space vegetation requiremen#s. The applicant shall comply with the following additional wildfire mitigation standards: A. Roofing: New roofs shall have a class A roof coveri~ig or a class A assembly roof system. Wood shakelshfingle roof coverings and flat roofs (ap to a 3:12) pitch are prohibited. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept c{ear of all ]fitter, slash, and flammable debris. II~III ~IIII Illfl~ ~) ItI ~IIII ~1 IIII~I III Ifll~ I1II ~~~) 0 a ~~~4 I2 :44F I ~I ®(11 ®(1 '~ ~ SILVIR DRVIS PITKIN COUNTY CO R 8.00 D 0.00 Resolution No.~-2003 Page 3 E. A11 flammable materials shall be stored on a parallel contoura minimum of IS feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigationaround any above- ground tank_ Any wood enclosure around the tank shall be constricted with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one ]0 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shalE be visible and installed on anon-combustible post. P. New utility lines shall be buried. 6. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of tiie project's completion. 7. Tlie Applicant shall comply with the mitigation standards for development on steep slopes: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water, which may decrease slope stability, shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Confine cuts, fills grading and excavation to the minimum area needed or construction. 8. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the Environmental Health Department. Al] sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved :ISDS development envelope. 9. Prior to the issuance of septic system permits, the Applicant slialI provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shat) meet the approval of the Environmental Health Department. i 0. Prior to commencement of any earEhinoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of certificate of occupa3~cy. 11. A firep}ace/woodstave application must be filed and approved by the Community Development Department prior to the issuance ofa building permit. If 48 ~ @04 I ~1~1 ~ Page: 3 of 5 111 ~ ~~I I~~~~ ~~ 0 I~~ 4 f l 04,20 ff e3 r SILVIA DRVIS PITKIN COUNTY CO R 0.@0 D 0.0032.44E o~oui~ Resolution No~-2003 Page 4 12. Tile Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for any building permits. The plan shall address the management of runoff during constn~ction and after construction is complete. 13. At the time of building permit application submittal, the Applicant shall submit, for review and approval by the County Engineer, a Construction Management Plan in accordance to the Asset Management Plan. The Construction Management Plan shat] indicate that vehicles associated with construction (i.e. employee trafftc, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of--way. 14. Lighting shall comply with the Pitkin County fighting standards at the time of installation. 15. The Applicant shall installation and use approved bear-proof containers as required by the 2001 Wildlife Protection Ordinance. 1.6. Floor area shall be allowed up to 5,750 square feet exempt from growth management. i 7. Pursuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Share Requirements and slza[I pay a road impact fee as calculated at the time of building permit issuance. l8. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property. 19. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted [Ierein shaft expire on March 26, 2006. ` ~8~m~~ `I ~~` 04/04/2003 52:44F I~~ {~I l1 ~ ELI I ll~ ~I 11II~ I~ l4 N l~l~ ('~ L 0 ®(~ d„1 ®~ J SILVIR DRVIS PITKIN COUNTY CO ft 0.00 D 0.0 l~ Reso]ution No. (~'~(~-?003 Page 5 TAKINGS AND REMEDIATION APPROVED AND ADOPTED ON THE 2b~I DAY OF MARCH 2403. VESTED RIGHTS NOTICE PUBLISIIED ON THE ~ DAY OF (~ , 2p03, BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ~ L ~ ~ r»- ~4S Jack I-Ia~eld, `) Chlttr APPROVED AS TO FORM: Jahn EIy, County Attorney Cam°v nP14a4i-v2 254328203002 ®~~®~~ Date: -~ J ~ /D j APPROVED AS TO CONTENT: ~~ Cindy Houben, Community Development Director X81 @~D4 ~kkk ~~~~ 04/04/20@3 52:44F 1 k l~kfL `~ 4 ~~~~~ ~~~~ kkll~lkk ~~kkk kl ~kkl~lkl ~Ilkk ~ kk SILVIR DRVIS PITKIN COUKTY CO R @.0@ D 0.00 EXHIBIT #7 LIST OF ADJACENT OWNERS Kevin McClure 1011 Lauren Lane Basalt, Colorado 81621-8203 Margaret Hoyne Mink 1122 Medicine Bow Road Aspen, Colorado 81611 Barry & Amy Gordon P.O. Box 11497 Aspen, Colorado 81612 Kevin McClure & Mary Macarthur 91 Solar Way Aspen, Colorado 81611 Paul Rasmussen P.O. Box 4036 Aspen, Colorado 81612 ®Q~d~~ ALpIM RICHMAM 9789201125 P_03 PITiCIN COUNTY +COMNiUNITY DEVELOFMEN`I' DEFAItTIWiENT AGREEMENT FUR P,A.YMENT QF LAND [1SE APIQI..,iCATICIN i~> ES 3~CCK.iN COUNTY (hereinafter "COUNTY") and ~av~- ~a Q WOK ~o ~, A~~.-. ~ tee- ~+p~ ~,...~ 4 ,.. a hereinafter "`,APPLICANT") AGREE AS Ft?LLOWS: 1. APP ICANT has submitted to COUNTY an application for ~ `'"``~~ ~~""`4"~ ° ~ ~ c~,~c~Q ~~~, {hereinafter, the "PROJECT")_ 2. APPLICANT understands and agrees that Fitlcin County Ordinance No. 32-2002 establishes a fee ,tructure for land use applications and the payment of all processing fees is a condition precedent to a determixaation of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in fu##, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the ~:~pense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it *rlay not be possible at the time of appiicatioxx to ascertain the, full extent of the costs involved in processing the application.. 4. APPLICANT axed COUNTX agree tlkat fees charged far the processing of land use applications shall accumulate if an application Inc#udes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient i~nformatiorz to the Planning Camznission and/or Board of County Commissioners to ~:nable the Planning Comtnission and/or Board of County Comtr-issianers to make legally required ftndings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of tlxe COUNTY'S waiver of its Might to collect full fees prior to a detertztination of application completeness, APPLICANT shall pay a base fee in the amount of $_a~ ~ __' tivbich is based on ~ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic paytnaents shall be made within 3D days of the billing date. APPLICANT further agrees that failure to pa~~ such accrued costs shall be grounds for suspension of processing. ~ F' ~- ~ ~ {~~ar>~izcANr~~) ~,~ /~ S ~y; _ ~ Cindy Houbeu Commuzwity Development Direetoi• Print Name aad Tale {iif applicable) Date: ~ 1 ~ I ~ ~ _ Mailing Address: a~ g•~a~.~~c~~ ~ ~ ~.~~n~.~ G. t o b~s~'s~ ®®®022 PUBLIC NOTICE RE; Hopkinson Reinstatement of Vested Rights (CASE# P040-07) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, June 27, 2007 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners; Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Ron and Sue Ellen Hopkinson (28 Burr Farms Road, Westport, CT 06880) for the Reinstatement of Vested Rights. The property is legally described as Lot 3, Filing 1, Block 4, Brush Creek Village Subdivision. The State Parcel Identification for this property is 2643-282-03-002. The application/resolution are available for public inspection in the Community Development Department,. City Ha11, 130 S. Galena St., Aspen CO 8.1611. For further information,. contact Ezra Louthis at (970) 920-5092. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on May 27, 2007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall. be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 Apri16, 2007 Alan Richman PO Box 3613 Aspen, CO 81612 Re: Hopkinson Reinstatement of Vested Rights (PID 2643-282-03-002; Case P040-07) Dear Mr. Richman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, June 13, 2007 at a meeting to begin at 12:00 P.M. in the Plaza. One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092 Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) PITKIN COUNTY COMMUNTTY DEVELOPMENT DEPARTMENT 1.30 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 April 19, 2007 Alan Richman PO Box 3613 Aspen, CO 81612 Re: Hopkinson Reinstatement of Vested Rights (PID 2643-282-03-002; Case# P040-07) Dear Mr. Richman: We have rescheduled this application due to lack. of quorum for review at a public hearing by the Board of County Commissioners on Wednesday, June 27, 2007 at a meeting to begin at 12:00 P.M. in Plaza One Conference Room, 530 E. Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen. days prior to the- hearing {and remove it within one week after) and to mail notice to all adjacent property owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely, Bonnie Waechtler Administrative. Assistant Planning Administrative Assistant PITHIN COUNTY COMMCTIVITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Brush Creek Homeowners Association Brush Creek Metro District FROM: Ezra Louthis, Community Development Department RE: Hopkinson Reinstatement of Vested Rights, (CASE P040-07; PID 2643-282-03-002) DATE: April 6, 2007 Attached for your review and comments are materials for an application submitted by Ron & Sue Ellen Hopkinson. The Board of County Commissioners will review the application on Wednesday, June 13, 2007. Please return your comments to me by Friday, May 25, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. e .,~~, COMMI7NITY DEi7ELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 Pitl~in County Land Use: 172 Board of Adjustment 159 County Land Use Code 174 Flat Fee 162 Zoning and Sign 169 Public Notice+ 160 Planning Enforcement 175 Hearing Officer Refferral Fees: 210 Airport LUCO1 County Clerk ' 211 i County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 20b Wildlife Officer Building Fees: 170 Board of Appeals 105 Building Permit 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 152 AVFD Fire Marshal 158 BFD Fire Marshal ®ther Fees: 155 Use Tax 165 Copy ~ PZ005 Master Plan Copy ~ ~%'~ 185 ~v Park Dedication IS GIS Requirements ~~ 161 Housing Impact Fee B 1202 Road Impact Fee B 1203 School Impact Fee