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HomeMy WebLinkAboutpitkin.planning.264308200003 (2)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 copies (11x1') Parcel ID: 2643- 08 -2 -00 -003 Application Date: 6/11/07 Case No: P084 -07 Description: Sisul Activity Envelope, Site Plan Review, Special Review for Building Materials Planner: and Landscaping, and Special Review for a Caretaker Dwelling Unit WITHDRAWN #Copies: 13 Allocated Hours: 20 Project Address: 156 LETEY LN, WOODY CREEK, CO 81656 % Over Hours: 27 Property Owner: SISUL PAULINE D Address: PO BOX 1791 Owner Phone: ASPEN, CO 81612 Owner's REP: PAUL BRITVAR REP's Email: Address: 156 LETEY LN REP's Phone: WOODY CREEK, CO 81656 Referrals: EH & NR REFERRAL Other Referrals: Housing CDOW FIRE DEPT - ASPEN Woody Creek Caucus ALL OTHER REFERRALS ZONING REFERRAL Comments Due Date: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 09/26/2007 10/10/2007 Review Body: bocc bocc Public Hearing? yes Notice Date: 08/19/2007 Meeting Notes: Approvals: BOCC Resolution #: BOCC Ordinance #: Admin Determination #: Other Information: VR Approval Date: VR Expires Date: Remarks: Application Type: Plat Recorded Date: Plat (Bk, PG): app to rep & ref 6 /17 /07 / /bj / /pn to rep BOCC cont ref: 6/17/07 - due 7/20107 Activity Envelope Site Plan caretaker Dwelling Unit (CDU) P &Z Determination #: HO Determination #: PITKIN COUNTY ATTORNEY John M. Elv Courthouse Annex Building Count} Attorne} 530 East Main Street, Suite 302 Aspen, Colorado 81611 Christopher Seldin Assistant County Attorney Tel: (970) 920 -5190 Far: (970) 920 -5198 Carrington Brown Code Enforcement officer 11/1/07 Mr. Paul Britvar 0156 Letey Lane Woody Creek, Co 81656 Dear Mr. Britvar, Legal Assistants Lisa MacDonald Jane Achey This letter is in regard to the Notice of Violation I issued to you on July 6, 2006 for the use of your property to store construction/contractor materials for your construction business. I understand that you have chosen not to pursue Pitkin County approval to use the property for this purpose and have elected to remove the construction materials stored for the use of your construction business. On October 30, 2007 I inspected the property with Mike Kraemer of Pitkin County Community Development. I noted that you have removed a significant amount of material and items from the property. The remaining stone has been consolidated into one area; I understand that this stone is your personal property, is not intended to be used off the property for your construction clients and will be used to construct a building on your property this coming spring. I understand the other items such as the plastic water tank, the snowmobile trailer, etc are also your personal property and not related to your construction business. As you have met the cure requirements of the Notice of Violation, the Violation is now cured. Thank you for bringing your property into compliance with the Pitkin County Code! Sincerely, Carrington Brown Pitkin County Code Enforcement 000001 'r 6 P Page 1 of 2 Michael Kraemer From: Carrington Brown Sent: Wednesday, October 10, 2007 1.46 PM To: Michael Kraemer Cc: Lance Clarke Subject: RE: sisul /britvar commercial app Mike, Good news and good job on bringing this situation closer to conclusion. And ... I now recall I will be in Denver next Wed so the inspection will need to proceede without me. -C Carrington Brown Pitkin County Code En /omement 970 - 429 -2814 970 - 379 -6872 From: Michael Kraemer Sent: Wednesday, October 10, 2007 1:42 PM To: 'L5050britvar @aol.com' Cc: Carrington Brown; Lance Clarke Subject: RE: sisul /britvar commercial app Paul, Got it, thanks for the letter. I will put it in the file. Pursuant to our meeting today, Lance and I will be by for a site visit on Wed. October 17th to inspect cleanup of the site and obtain a copy of your latest proposal. I'll give you a call either Tuesday or Wednesday morning to confirm a time. As I stated in our meeting, because of the withdraw of the request for a special review use for the commercial storage , this application will not be reviewed at a BOCC meeting. The application will be reviewed at an administrative level. Thanks, Mike From: L5050britvar @aol.com [mailto:L5050britvar @aol.comj Sent: Wednesday, October 10, 2007 12:43 PM To: Michael Kraemer Subject: sisul /britvar commercial app We hereby confirm that Britvar /Sisul; 0156 Letey Lane, Woody Creek, is withdrawing our commercial license application. Please confirm that you have received this. Paul Britvar u u002 10/11/2007 Page 1 of 1 Michael Kraemer From: L5050britvar @aol.com Sent: Wednesday, October 10, 2007 12:43 PM To: Michael Kraemer Subject: sisul /britvar commercial app We hereby confirm that Britvar /Sisul; 0156 Letey Lane, Woody Creek, is withdrawing our commercial license application. Please confirm that you have received this Paul Britvar See what's new at AOL.com and Make AOL Your Horne" e. J. JUO3 10/10/2007 MEMORANDUM TO: Pitkin County Board of County Commissioners THRU: Cindy Hou 'Community Development Director FROM: Mike Kraemer, Planner MK RE: Sisul Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping Storage, and Special Review for a CDU. DATE: October 10, 2007 SUMMARY: The Applicant requests activity envelope and site plan review with vested rights for construction of a detached garage to store masonry materials for a private business. As a requirement, special review approval is needed for this type of land use. The Applicant has also requested special review for construction of a CDU within this garage. This application was continued from the September 2e, 2007 regularly scheduled BOCC meeting at the request of the Applicant. APPLICANT: Pauline Sisul REPRESENTATIVE: Paul Britvar/Tim Hagman LOCATION: 156 Letey Lane, Woody Creek. PID#: 2643- 204 -00 -003 (Legal Description, Attachment A). ZONING/LOT SIZE: RS -20 /Approximately 6.3 acres 2005 AERIAL PHOTOGRAPHY: The Lot is highlighted in green. Page l of 3 11111 � BACKGROUND and REQUEST: This application is a result of a Notice of Violation that was served to the Applicant for operating a stone masonry business on the parcel. The RS -20 zone district requires special review approval for such activities. The Applicant has stated that the business has operated for 50 years with Paul Britvar operating the business for the last 30 years. No previous land use approvals apply to the parcel. According to the building permit file a residence of 3,800 square feet was issued a certificate of occupancy in 1988. According to the Applicant, total floor area for the parcel is 4,743 square feet. The Applicant requests the ability to store equipment and materials for the masonry business on the parcel. The Applicant has proposed that masonry equipment be stored indoors in a garage and bulk materials such as gravel, stone, dirt, etc. be stored in a yard next to the garage. The Applicant states that the hours of operation for the business, to date, have been primarily in the morning when workers with vehicles meet on the parcel to pick up equipment and materials and discuss the work activities for the day. It appears that processing of stone does not occur on the parcel, only storage. PREVIOUS HEARING AND BOCC DIRECTION: This application was continued by the BOCC at a regularly schedule meeting on August 86', 2007 to allow additional time for the Applicant to address specific BOCC directions. The BOCC directed the following: 1. Work with neighbors for siting of the garage /CDU; 2. Provide a landscape plan; 3. Make contact with EH/NR for comments; 4. Re- notify neighbors of the application; 5. Re- notify the Woody Creek Caucus; 6. Provide clarification on fire recommendations set forth by the Aspen Fire Protection District; Addressing these directions, the following has been accomplished: 1. Tim Hagman (adjacent neighbor to the south) has been working with the Applicant to address concerns that were voiced at the previous hearing. A site plan has been provided that depicts three (3) alternative locations for siting the garage /CDU /storage yard. Floor plans, elevations, and the Applicant's analysis of each site has been provided (packet attached); 2. With this packet, the Applicant has provided a conceptual landscape plan and pictures of the proposed structure as viewed from Upper River Road; 3. EH/NR has been contacted and the setback requirement for a well to a septic field is 100' — 132'. If additional septic /leach field capacity is needed for the CDU, it has been confirmed that there is no requirement for the expansion to be tied into the existing septic /leach field. A stand alone septic /leach field could be constructed. The parcel is 6.3 acres and provides the necessary acreage to meet setback requirements for construction of an appropriate septic field for the additional dwelling. 4. Adjacent neighbors have been re- notified. The neighbor to the east of the subject parcel has been attempted to be contacted by both mail and phone by the Applicant (Attachment B, letter addressing contact attempts). Staff spoke with a relative of the owner of the parcel and the Applicant's packet has been mailed to a provided address. The relative offered no position on the application. 5. The Applicant has indicated that the packet received by the BOCC today has been mailed/hand delivered to the Woody Creek Caucus. The Woody Creek Caucus was also sent the Notice of Violation letters issued to the Applicant as a result of the illegal business. 6. The Aspen Fire District provided additional comments /clarification of the application (Attachment C). The District states that because the Applicant would be housing elderly (who are a higher fire safety risk) in the CDU above a commercial storage area, it is strongly recommended that the unit be sprinklered. The Chief Building Official, Tony Fusaro, was also referred on the mixed use request. Fusaro states that the building would no longer fall under review of the International Residential Code (IRC) because of its Page 2 of 3 ;� OUD commercial nature. The International Building Code (IBC) would now become the governing Code. The IBC requires that all residential occupancies be sprinklered and adhere to appropriate fire separation between the residential and commercial use based on the amount and type of hazardous materials storage. Rating of the separation will be reviewed at building permit submittal. Fusaro's comments can be viewed in their entirety as Attachment D. REFERRAL COMMENTS: Aspen Fire Protection District (AFPD), Woody Creek Caucus, and the Chief Building Official. STAFF COMMENTS: Staffs memo dated August 8'", 2007 addresses Code compliance with the Applicant's requests Although three options have been provided for siting the structure, the Applicant has expressed an explicit desire to site the structure at option #1. The Applicant has brought to Staff s attention that option #2 is unwanted because of existing underground irrigation pipes in this area. Staff conducted a site visit on September 18`h and confirmed that irrigation piping has been constructed in the area of option #2. The Applicant has stated that underground utilities are also located in this area. This has yet to be confirmed. The Applicant states that option #3 is unwanted due to the close proximity to the residence, the fact that mature conifers and landscaping would need to be removed as a result of the construction. The Applicant's 24" by 36 site plan shows that the setback for option #3 is 100' from the property line. Staff noted the potentially excessive setback on September 18`h, 2007 and consulted the Zoning Officer for its appropriateness. The Zoning Officer confirmed that the setback from this property line is actually 50'. Staff recommends that option #2 or #3 be approved for siting the CDU /garage /storage area based on Code sections 7- 20- 120(d)(5) and 7- 20- 120(e)(4)(b) which outline standards for clustering development. Additionally, Code section 7- 20- 120(d)(6) outlines a standard for development to avoid irrigated pastures. Lastly, the general intent of the RS -20 zone district encourages clustering of development as expressed in section 3 -40 -30(3) of the Code. Staff feels that option #I is not in compliance with the Code sections mentioned above. Lastly, comments were received from neighbors of the Applicant. These comments can be viewed as Attachment E. RECOMMENDATION: Staff recommends the BOCC adopt a motion to approve the Sisul Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping Storage, and Special Review for a CDU subject to the conditions of the attached Resolution. ATTACHMENTS: A. Legal Description B. Letter addressing contact attempts C. Aspen Fire District Letter D. Fusaro Comments E. Neighbor comments Page 3 of 3 0000106 RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY COMISSIONERS GRANTING APPROVAL FOR THE SISUL ACTIVITY ENVELOPE, SITE PLAN, SPECIAL REVIEW FOR BUILDING MATERIALS AND LANDSCAPING STORAGE, AND SPECIAL REVIEW FOR A CDU BOCC Resolution No. -2007 RECITALS 1. Pauline Sisul (hereafter referred to as "Applicant ") has applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") for activity envelope, site plan, and special review with vested rights for construction of a detached garage to store building and landscape materials for a private business. Special review for a CDU was also requested. 2. The parcel is located at 156 Letey Lane, Woody Creek. PFD #: 2643 - 204 -00 -003 (Legal Description, Attachment A). The Lot is zoned RS -20, approximately 6.3 acres, and is non - conforming in size. PFD #: 2643- 082 -00 -003. 3. The parcel is currently developed with a single family residence of 3,800 square feet. No previous land use approvals apply to the Lot. The Lot is located within a low wildfire hazard area, is visible from Upper River Road, and does not contain any mapped elk or mule deer winter ranges. 4. The Applicant submitted an application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code, as amended. S. Public notice was published in the paper on July 8, 2007. No comments were received within 30 days. NOW, THEREFORE, BE IT RESOLVED that the Pitkin County Board of County Commissioners approve the Sisul Activity Envelope, Site plan, Special Review for Building Materials Storage, and Special Review for a CDU subject to the following conditions: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Structures represented in the application may not be permitted under building and zoning regulations. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Site plan shall also incorporate the following change: a. The Site Plan shall state the following: (1) Lot is mapped in a low wildfire area; (2) The Lot is not mapped within any known wildlife areas; b. The Site Plan shall include a signing block for the Board of County Commissioners and the Clerk and Recorder; c. The Activity envelope shall be redrawn to 100' from the mean high water mark of Dry Woody Creek; Page 1 of 8 000007 d. The Site Plan shall include a footprint of the garage /CDU and storage yard in either location recommended by Staff as outlined in the September 26`x, 2007 memo to the BOCC; e. The Site Plan shall also depict the locations of the septic fields and the 20,000 gallon water storage structure; E Change the title to "Sisul Activity Envelope and Site Plan". No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. The parcel is exempt from Growth Management up to 5,750 square feet and cannot exceed this floor area limitation without approval for use of a TDR or successfully competing in the Growth Management competition. 6. Prior to issuance of a building permit application for the garage /CDU, the Applicant shall: a. Complete a fireplace /woodstove registration form with the Community Development Department, if necessary. b. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. c. If necessary obtain a County access /driveway /turnaround permit acceptable to the Aspen Fire Protection District and County Engineer. d. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. e. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. f Pay the applicable road and employee housing impact fees. g. Obtain a permit for construction of the ISDS. h. Provide verification that the Applicant's water rights allow an additional dwelling. If retaining walls are used, they shall comply with the following standards: a. Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for (i) a structure's foundation wall, or (ii) as necessary to construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed by the Land Use Code. b. A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and reviewed and approved by the County Engineer. c. Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped or revegetated with native vegetation. d. Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these guidelines. e. The Applicant shall submit the FIP Geotech subsoil report at the time of building permit submittal for review and approval of recommendations by the Planning Engineer. Page 2 of 8 iiUU008 8. Prior to issuance of a building permit, the Applicant shall submit a landscape plan to the Community Development Department for review and approval that screens the garage /CDU from Upper River Road. This landscape plan shall include plantings that will soften the visual affect of the garage and CDU using native vegetation. 9. Standards Applicable to All Wildfire Hazard Areas: Development is allowed in wildfire hazard areas subject to conformance with the following development standard, and conformance with the additional standards in subsection (d) as applicable. A. Defensible Space: The area around all buildings /structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a) Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. f) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. h) All deadfall up to a one hundred (100) foot perimeter shall be removed. i) No new conifer trees shall be planted within ten (10) feet of a residence. j) No flammable mulches shall be placed within two (2) feet of a residence. k) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Access a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Page 3 of 8 ii lu 009 C. Water Supply for Fire Safety a) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity on the parcel shall be a minimum of 20,000 thousand gallons. c) All new development shall conform to the appropriate building Code(s) with regard to sprinklering structures and construction adequate fire wall separation from residential and commercial uses. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications: a) Low Hazard Area 1. Roofing Materials 2. Class A covering or Class A Assembly as defined by the currently adopted Building Code. 3. No wood shakes or shingles. 4. All other adopted Building Code compliant methods and materials permitted. E. All Hazard Areas: Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: a) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. b) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c) Protrusions above the roofiine, such as parapets, shall be prohibited. d) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. e) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Page J of 8 uUU Maintenance and Miscellaneous Requirements a) Roofs and gutters shall be kept clear of debris. b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth ('/4) inch maximum. c) Yards shall be kept clear of all litter, slash and flammable debris. d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. g) Swimming pools and ponds shall be accessible by the local fire district. h) Fences shall be kept clear of brush and debris. i) Wood fences shall not connect to other structures. j) Fuel tanks shall be installed underground with an approved container. k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. 1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. m) The Applicant shall comply with all requirements of the Aspen Fire District Code. n) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non- combustible post. 10. The Applicant shall comply with the following general conditions regarding wildlife: A. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off -site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. B. Manipulation of vegetation outside of the Activity Envelope is prohibited. C. Mesh or woven wire fences are prohibited outside the Activity Envelope. D. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. E. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. F. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. G. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre - existing native trees and shrubs. H. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. Page 5 of 8 GUfG,011 I. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. J. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. K. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. L. Horse grains, pellets, and cookies shall be stored in bear resistant containers. M. Pet food shall not be left outside. N. Any horse or hay storage shall be fenced with 8' mesh game proof fencing. 11. The Applicant shall comply with the following requirements of the Special Review approval for Landscaping and Building Materials storage: a. This use shall not include retail sales to the public (as opposed to contractors), shall only be permitted to have a maximum of four (4) commercial vehicles on site at any time, shall be permitted a maximum of five (5) customer visits per day, and shall only operate between the hours of 8:00 AM and 6:00 PM Monday thru Saturday. b. The approved use on this parcel is for storage purposes only. Processing of stone, such as cutting, or other obtrusive activities are not permitted. c. Storage of masonry implements shall be stored indoors. Bulk materials such as stone, gravel, dirt, or other bulk materials may be stored outside but only in the storage yard. 12. The detached CDU shall not exceed 1,000 net livable square feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two -burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16 "DX5.25 -K refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. 13. The Applicant shall, by covenant, guarantee that the caretaker unit: a. Shall not be required to be rented; b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; c. Shall be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; d. Shall be rented for terms not less than 6 months if rented. 14. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above - referenced requirements. 15. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. Page 6 of GuJ012 16. The provisions of these regulations are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 17. Applicable road and employee housing impact fees must be paid at building permit. 18. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 19. The access drive shall be built to current County Standards, as described in the Pitkin County Asset Management Plan and submit for an access permit. The driveway layout shall be staked in the field and reviewed and approved by the County Engineer, prior to commencement of construction. 20. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 21. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 22. 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, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on August _,2010. 23. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. RENOTICATION OF THE PUBLIC HEARING WAS PUBLISHED IN THE ASPEN TIMES on the 26th day of August, 2007. APPROVED this 10a' day of October, 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the _ day of , 2007. BOARD OF COUNTY COMMISISONERS OF PITKfN COUNTY, COLORADO ATTEST: Jeanette Jones, Deputy County Clerk Michael Owsley, Chair Date Page ? o(3 n ^. U6013 APPROVED AS TO FORM: John Ely, County Attorney PM4 2643 - 082 -00 -003 P084 -07 X00014 APPROVED AS TO CONTENT: Cin y ouben, Community Development Director Page 8 of 8 ATTACHMENT A Legal Description SUB:M/B WOODY CREEK - ---------- - SECT,TWN.RNG:8-9-85 DESC: A TRACT IN N2 SEC 8 -9 -85 DESC BY M/B BK 381 PG 831 CONT 6.02 AC MIL AKA PARCEL A BK 410 PG 321 000015 - , f6 le� / d �' NG-- z 7X- Id iau l-�tL K �'1 � L Memo To: Mike Kraemer, Community Development Department From: Ed Van Walraven, Fire Marshal CC: Date: July 23, 2007 Re: Britvar PI #2643 -082 -00 -003; CASE P084 -07 Mike, This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning around of fire apparatus (IFC Section 503.2.5), Due to location, use(storage for a construction company operation), and occupants(eldedy relatives of the owner, the elderly are in the high risk group when it comes to fire safety), scheduled to inhabit the structure it is strongly recommended that an approved fire sprinkler system be provided (IFC as amended Section 903), Water supply, a minimum of 20,000 gallons (IFC Section 508), and detailed wildfire mitigation plans for both landscaping and structural standpoints shall be submitted. Please have the applicant contact the Fire Marshal's Office for specifications on the above requirements. Thank you, Ed UUU J17 Page 1 of 1 From: Tony Fusaro - Sent: Monday, September 10, 2007 3:15 PM To: Michael Kraemer Subject: RE: thoughts? Mike, The IBC does address this type of use. The building would fall under the IBC because it combines a residential occupancy with a commercial use. All IBC residential occupancies must be sprinklered, and there will be a fire separation required between the residential and commercial occupancies as well. The rating of the separation will depend upon the occupancy classification given the garage /storage area. Such a building is allowed by code to store 30 liquid gallons or 1000 cubic feet of compressed gas before it is considered a hazardous occupancy, and this amount can be doubled if the building is sprinklered, and doubled again if stored In containers or cabinets approved by the International Fire Code. The storage of gasoline is allowed as well in certain quantities. I hope this answers your question Tony From: Michael Kraemer Sent: Thursday, August 16, 2007 1:55 PM To: Tony Fusaro Subject: thoughts? Tony, I am reviewing a land use application for an 800 square foot garage to be used for a commercial landscaping and building materials storage. Above the garage the Applicant has proposed a 1000 square foot caretaker dwelling unit. If the Applicant proposed to store flammable materials such as propane or gasoline, does the IRC or IBC address this type of commercial use below a residential unit regarding construction methods or sprinklering of the structure? If you could please respond by Sept. 18th, it would much appreciated. Thanks, Mike Mike Kraemer Planner Community Development Department Pdlan County 130 S Galena Street Aspen, CO 81611 970 920.5526(phone) 970 920 5439(fax) michaelk(oko oitkin co.us 1JuG01 file: / /C: \Planning Memos \Activity Envelope and Site Plan\2007 \Britvar \Sisul Fusarocom... 9/20/2007 477_W i7ll ��Af I 'F_ To: Mike Kraemer for delivery to the Pitkin County Commissioners On Sunday, September 23, 2007, Kay and Tim Hagman, Mary Anderson, and Patty and Jim Fox met to discuss the proposed Sisul Activity Envelope. Robyn Hudgens was out of town but we tried to consider her opinions based on earlier conversations. Mary Anderson spoke for all of us when she said, "Land uses in Woody Creek are changing. They changed when we built the first house here and they're still changing." Mary's house changed the neighborhood from hay fields to a residential area. Now we have neighbors close to us on all sides and we need to take into consideration the effect of our land use on our neighbors. And, as neighbors, we want to emphasize our desire to respect and live harmoniously with all concerned. With this in mind, we make the following recommendations: #1 Our first recommendation is for SisulBritvar to remove all traces of their construction business from the Woody Creek location and build only a one -level 1,000 sq. ft. CDU. The results of that decision would affect the following: • An estimate of the cost of building the proposed 1,700 sq. ft. barn/CDU (prior to landscaping a berm) could be in excess of $500,000. If the Britvars were to move the business off site, the reduction of construction costs would benefit the homeowners. • After further discussing the proposal to fence or berm the building, we concluded that a berm or fencing surrounding the barn/CDU would encourage more materials to accumulate and the effect would be a junk yard inside a berm. This is not the direction in which "land uses in Woody Creek are changing." • The neighbors will insist that all of the building materials and miscellaneous automobiles, snowmobiles, etc. presently stored in the field be moved into the barn and eliminate the storage yard. This would fall to the County to enforce, a situation we do not believe would be resolved easily • We do not think 700 sq. ft. of inside barn storage will begin to accommodate the amount of material presently in the field. There is no reason to believe it will not continue to grow "like a cancer," as one prospective buyer said to the Hagmans, as it has in the past. At present, materials are scattered on both sides of the Britvar's entrance road, in full view of Letey Lane, and leaned up against one of the neighbor's fences. • Building a more modest CDU would leave approximately $200,000 to $250,000 available for the Britvars to rent a more suitable and conforming location from which to stage the masonry business. • With the lower profile building, the neighbors agree that it could be located at any of the proposed locations ( #1, #2, or 93 as per Tim Hagman's site plan) as long as suitable landscaping (trees and shrubs) reduced its impact on their view planes and the design of the CDU reflected the handsome architecture of the Britvar house. • This proposal would also negate the necessity for the Britvars to decommission 600 sq. ft. of their basement with gravel to meet the county maximum of 5,750 sq. ,J'U ft. This costly and destructive effort would, again, have to be enforced by the County both at the time of construction and later for compliance. #2 If our first recommendation is not agreed to and the County insists upon accommodating this illegal business in our neighborhood, we believe that the only suitable site for the barn/CDU is in location #1, north of the existing pond. However, there should be no berm or fence around the building to hide business activity. It should be stored inside the barn. This is not how Tim Hagman designed the original plan, but in discussing the pros and cons of a berm versus a fence, we all agreed that neither would be sufficient to house the construction debris for the long term, unless policed and enforced by the County. If the County approves a berm, we ask that it be designed by a professional landscape company. With regards to the County's code for "clustering" buildings, we believe a construction business should not be clustered with residential use. Therefore, Plan #1 is the more suitable site. Restoration of the hay field should be part of the approval for either above scenarios; reseeding, irrigating to establish the grasses, and no storage of personal or business items. For many years, the neighbors have been at odds with the construction "materials" and other assorted junk stored in the hay field in clear view of all who pass by either on Letey Lane or Upper River Road. We are thankful that the County is now taking action to alleviate this eye sore and inappropriate business location and we request of the County to seriously consider the above recommendations by those who are affected the most by this change in the land use. Respectfully, Mary Anderson, Tim and Kay Hagman, Patty and Jim Fox d000 2 1 PUBLIC RENOTIFICATION RE: Sisul Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping, and Special Review for a Caretaker Dwelling Unit (CDU) (CASE# P084 -07) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, September 26, 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 Pauline Sisul (PO Box 1791, Aspen, Co 81612) requesting Special Review approval to store building and landscape materials, Activity Envelope and Site Plan Review to construct a garage, and Special Review to construct a CDU. The property is located at 156 Letey Lane and is legally described as a Tract of land in N 'h of Section 8, Township 9 South, Range 85 of the 6h P.M. The State Parcel Identification for this property is 2643 - 082 -00 -003. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on August 26, 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 c/)o6d'2-/ Cancel STR u Owner Name /Address Account HYPERPANEL UNIVERSITY INC R003574 N 935 EUCLID ST #8 SANTA MONICA CA 90403 Dist St A .el Number MH Space Seq {08100005 et No Dir LETEYName LANE ltion City Location Zip Acct Type Lagt )DY CREEK 81656 RESIDENTIAL ode Owner Id lOwner Location Map No 8 -9 -85 Mill Levy 27,342000 ❑ AFIC Mj t-"7 �FE Legal Description SUB:M /B WOODY CREEK SECT,TWN,RNG:8 -9 -55 DESC: A ,TRACT IN N2 SEC 8 -9 -85 DESC BY MIB BK 624 PG 750 BK 623 PG 239 , of Business Name Situs Version V. Date Time ID Appl New Version Remarks ❑ Value 20060911001 11 -SEP -2006 09:43 AM Ss ❑ SALE 20061232000 Name Tax Items ❑ Protes(I) ❑ CAM(A) _ TYPE ACTUAL__ ASSD ACRES_ SQ FT ❑ ❑ P /S ❑ M b'I A B❑ P(e)rmit RESIDENTIAL 1,371,860 109,200 2.000 3,382 UvuU22 1,371,860 109,200 2.000 3,382 Goa4 IL-c-)65' � Yv G o5 Legal Correction? n Current Year Situs Tax Trx re uc (o) i e u ❑ Mobile Characteristics Remarks ❑ Value ❑ (P)ersonal • Tract ❑ Tax (S)ale ❑ State Asd ❑ Oil and Gas • Condo ❑ Spc Asmt ❑ Control ❑ Recor(d)ing • Block ❑ M(i)nes ❑ History ® Imaging W TOTAL • Sales ❑ Si(b)ling ❑ PPCertIL)tr Queries ❑ Misc (M) ❑ Flags ❑ Exemptioi ❑ Sketch STREET ❑ Mai I(F) ❑ Tax (C)hc ❑ Mtg Track) . (G)IS Map (V)alue Sum Tax Bill J (R)eceipting Create Bill Z UvuU22 1,371,860 109,200 2.000 3,382 Goa4 IL-c-)65' � Yv G o5 Legal Correction? n Current Year I Prior VersionQ Tax Trx Prior (Y)ear Ne(x)t Version Abatement (N)ext Year Characteristics Property Card Update Clear Exit FF,GM . P.FI -VRF FR;. 110. . 57:7 52 =__ ' Hiu a. _8 `1-07 FE:7_FH F- Subj FW: Siaul.doc Date: 9f17!2007 4105:03 PM Mountain Daylight Time From mlchaelk @co pltkln.co us To 1505 O b d tv a r@ ao I, o om Fran: sonnle waechtier Sent: Friday, August 17, 2007 9:34 AM Tx Michael Kraemer SubjeM Slsul.doc Importance: Nigh Send this one I put the wrong date on PUBLIC RENOTIFICATION RE: Sisul Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping, and Special Review for a Caretaker Dwelling Unit (CDU) (CASE# P084 -07) NOTICE IS IIEREBX GIVEN that a public hearing will be held on Wednesday, September 26, 200'7 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 Sttect, Aspen to consider an application submitted by Pauline Sisul (PO Box 1791, Aspen, Co 81612) requesting Special Review approval to store building and landscape materials, Activity Envelope and Site Plan Review to construct a garagK and Special Review to construct a CDLi. The property is located at 156 Letey Lane and is legally described as a Tract of land in N 1: of Section 8, Township 9 South, flange 85 of the 6t' P.M. The State Parcel Identification for this property is 2643 - 082 -00 -003. The application/resolution are available for public inspection in the Community Development Department, City hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on August 26, 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 beating 2. Submit the Affidavit of Notice by Pasting & 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 (P70) 920$836 4. Post the Public Notice sign on the property at least fifteen days (IS) prior to the hearing $, Remove the Public Notice sign within one week after hearing date Saturday, August 18, 2007 America Online: L5050britvar i�ui;323 c6nln/U 2 770 5CP7- AW 1164Ca0 Ik A TO: Pitkin County Board of County Commissioners THRU: Cindy Houben, Community Development Director FROM: Mike Kraemer, Planner RE: Sisul Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping Storage, and Special Review for a CDU. DATE: August 8, 2007 SUMMARY: The Applicant request activity envelope and site plan review with vested rights for construction of a detached garage to store masonry materials for a private business. As a requirement, special review approval is needed for this type of land use. The Applicant has also requested special view for construction of a CDU within this garage. / APPLICANT: Pauline Sisul �) — G"056e( ��( o2s „ REPRESENTATIVE: Paul Britvar -�2 LOCATION: 156 Letey Lane, Woody Creek. PID#: ZONINGILOT SIZE: The parcel contains approximately 6.3 acres zone district. 2005 AERIAL PHOTOGRAPHY: The Lot is highlighted in 94 c4ufQ 5 - VrOt- e,A t /400 2 #jtK &/WA 000024 Page I of 14 gal �D/escription, Attachment A). `c E'XID-`/ F,Pne J 7-0 .1'CJ(d4#j,2S is non - conforming ins in the RS -20 /JI L ") F/ /ZC (L /Nk-e Ce d C�Cv I a0 oDd Q iv07- G// I/F' i J wN Legend �YY<Es BOWa BACKGROUND and REQUEST: This application is a result of a Notice of Violation (Attachment B) that was served to the Applicant for operating a stone masonry business on the parcel. The RS -20 zone district requires special review approval for such activities. The Applicant has stated that the business has operated for 50 years with Paul Britvar operating the business for the last 30 years. No previous land use approvals apply to the parcel. According to the building permit file a residence of 3,800 square feet was issued a certificate of occupancy in 1988. According to the Applicant, total floor area for the parcel is 4,743 square feet. The Applicant requests the ability to store equipment and materials for the masonry business on the parcel. The Applicant has proposed that masonry equipment be stored indoors in a garage and bulk materials such as gravel, stone, dirt, etc. be stored in a yard next to the garage. The Applicant states that the hours of operation for the business, to date, have been primarily in the morning when workers with vehicles meet on the parcel to pick up equipment and materials and discuss the work activities for the day. It appears that processing of stone does not occur on the parcel, only storage. REFERRAL COMMENTS: The CDOW, Aspen Fire Protection District (AFPD); Woody Creek Caucus, Housing, and Zoning. Comments were received from the CDOW, AFPD, Woody Creek Caucus, and Housing. STAFF COM [ENTS: ACTIVITY ENVELOPE REVIEW (7- 10 -50): Request for an Activity Envelope and Site Plan must comply with the provisions and policies of Chapter 7 Steep and Potentially Unstable Slopes., Land Use Code Sec. 7 -20 -20 addresses standards for development on potentially unstable slopes; Response: A site visit was conducted on August 1, 2007 and the Applicant stated the location of the proposed envelope is established by the setbacks of the parcel. There are essentially no concerns on this parcel regarding steep slopes. The picture below depicts the area of where the masonry materials are currently stored on the parcel and where the Applicant proposes to house the materials with a garage and construct a CDU. Page 2 of 14 flt�5�i25 Water Courses and Drainage. Land Use Code Sec. 7 -20 -30 addresses water resource standards which are applicable to all development. Response: The Applicants has stated that the proposed development is in a flat area and grading will occur for the garage /CDU. Staff suspects that grading will be minimal given the flat nature of the site. At this time Staff is not concerned with drainage patterns as erosion and drainage plans will be submitted for review and approval by the Planning Engineer at the time of building permit submittal. Wildfire. URio �T" E/I Land Use Code Subsection 7 -20-60 addresses development in wildfire hazard areas. pl G ufimo -,O , ✓ 1 Response: The parcel is mapped within a low wildfire area. The Applicant has not provided a wildfire report and will be required to comply with all conditions in the Code section mentioned above for development within a low wildfire hazard area. The AFPD (Attachment C) has commented on the proposal and recommends 20,000 gallon water storage on site and sprinklering of structures regardless of size due to number of inhabitants. Wildlife: Land Use Code Section 7 -20 -70 addresses development within wildlife areas. Response: The parcel does not lie within any mapped big game ranges. The CDOW provided comments in a letter that stated elk and deer use the parcel but use is not significant (Attachment D). The CDOW did not have Page 3 of 14 000026 major concerns with this proposal and requested that the Code be adhered to regarding bear conflicts. Conditions of section 7- 20 -70(b) and (c) will be carried out in the Administrative Decision. River and Stream Corridors and Wetlands Land Use Code Section 7 -20 -80 established setbacks from rivers and streams. Response: The southern property line of the parcel is the centerline of Dry Woody Creek. The picture below The Applicant has proposed a building envelope within the 100' streamside setback of the Creek. Staff recommends the Applicant redraw the envelope to comply with the 100' setback from the mean high water mark of Dry Woody Creek. SITE PLAN REVIEW The Applicant has requested site plan approval. This request requires a review of (1) placement of development within an approved activity envelope and tree mitigation; (2) development within a scenic view protection area pursuant to section 7- 20- 120(d); (3) location of structures in accordance with rural character building guidelines pursuant to section 7- 20- 120(e); (4) landscaping and vegetation protection pursuant to section 7 -20 -130; and (5) lighting in accordance with section 7 -20 -140. Development within an Activity Envelope Page 4 of 14 00027 The Applicant has proposed an activity envelope that encompasses all development on the parcel however, after the activity envelope is redrawn to comply with the 100' setback from Dry Woody Creek all development will not be encompassed by an activity envelope because of the construction of the existing residence under the previous 20' stream side setback provision. Section 7- 20 -10(c) addresses tree removal mitigation. The requirement states that all trees 6" diameter at breast height (d.b.h.) removed within the activity envelope shall be replaced with one or more trees with total d.b.h. at least equal to the caliper of the trees removed. It appears there are no trees over 6" d.b.h. that will be removed as a result of the proposed development. Scenic Review Upper River Road is a scenic corridor. A site visit was conducted and the proposed structure will be visible from the Road. The parcel is subject to scenic review from this road and all non - exempt development located within a mapped Scenic View Protection Area shall comply with the following standards. (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right -of- way listed in subsection (b) above. Response. The Applicant has proposed the garage /CDU on a site that will be visible from Upper River Road. The map below depicts this area (outlined in red) where the Applicant currently stores materials and has proposed the new structure: Page 5 of 14 000028 There is a site on the parcel that contains trees near the existing residence that will aid in screening the proposed structure and reposition the development farther from the Road. The map below outlines two areas in yellow. The yellow box to the right is an area where the Applicant can satisfy the requirement of development behind existing vegetation and still comply with streamside and lot setbacks. The yellow box to the left is not behind an existing stand of vegetation but is far enough from Upper River Road so that the proposed structure will have negligible visual impact. U�rG 029 Page 6 of 14 Staff feels that either of these two sites will comply with the Code. (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above. Response: There are no scenic viewplanes that encumber this Lot. (3) The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building fagades to avoid a wall or row effect, and staggering roofines to avoid a long unbroken plane. Response: The proposed garage /CDU will be approximately 1,800 square feet. The Applicant has designed the structure with facade articulation on the south elevation and a series of parapets rooflines. 300030 Page 7 o 14 (4) The proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate building sites on the lot or parcel. Response: The proposed garage /CDU will not project above a ridgeline. (5) The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth - sheltered design, the use of natural materials and coloring, the use of low- reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Response: The Applicant has proposed the garage /CDU in a pasture away from the existing residence. Staff feels that the areas depicted in yellow on the above map will satisfy the requirement for structures to be clustered. The Applicant will be conditioned to use low reflectance, natural materials for the structure. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. Response: The Applicant has proposed a structure within an irrigated meadow /pasture. The areas outlined in yellow on the above map will satisfy the requirement for avoiding development with irrigated meadows. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extentpracticable. Response: Existing utilities that service the existing residence will service the new structure. (8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights -of- way listed in subsection (b), and shall use earth tone colors and /or screening to minimize their visual impact. Response: Any satellite dishes shall comply with this requirement. (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man -made forms should be undulating and natural in appearance. Response: During the site visit the Applicant requested approval for a berm and landscaping just west of the proposed garage /CDU. It is not clear the extent of the berm and landscaping at this time. It is noted that berming and landscaping in this area would constitute development within a pasture /meadow. (10) The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted. Response: The Applicant will be conditioned to use natural earth tone colors. No barns have been proposed. Page 8 of 14 000031 (11) All roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Response: The Applicant will be conditioned to use non - reflective roofing and also comply with the appropriate exterior lighting standards. (12) Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species. Response: The Applicant will be required to submit a revegetatation plan for disturbed areas that is consistent with vegetation of the surrounding areas. The landscape plan submitted by the Applicant, to the extent practical, shall also include native vegetation that will aid in screening the proposed development. (13) To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. Response: Not applicable. Rural Character Building Location Guidelines: Section 7- 20- 120(e) outlines guidelines for development in the rural area of Pitkin County: Response: The parcel is located in the rural area of Pitkin County and is 6.3 acres in size. The parcel contains an irrigated pasture and the Applicant has proposed the garage /CDU within this pasture away from the existing residence. The Applicant has the ability to comply with the development options in this code section. Section 7-20 - 120(e)(4)(b) outlines an option for clustering development and section 7- 20- 120(2) provides the opportunity for development to occur behind existing vegetation. The previous map outlined two areas in yellow where Staff feels development can satisfy these requirements and can comply with streamside and lot setbacks. Landscaping and Vegetation Protection: Land Use Code Sec. 7 -20 -130 is intended to preserve existing vegetation on a development site to the maximum extent possible. Response: The proposed structure and storage area will not require removal of any substantial vegetation. Lighting: Land Use Code Sec. 7 -20 -140 is applicable for all lighting in the County. tJ(Juj Page 9 of 14 Response: The Applicants have not provided a lighting plan. The Applicants will be required to comply with section 7 -20 -140 of the Code regarding lighting. ACCESS: Access to the residence will be taken off Letey Lane., The Applicants will need to submit an access application prior to reconstruction or realignment of the driveway. SEWER AND WATER: Water for the existing residence and proposed garage /CDU will be serviced by an existing well. Currently a septic field services the existing residence. A septic permit must be attained from EH/NR prior to development of another septic field or expansion of the existing one for the proposed CDU. The septic field must be located within an envelope. NEIGHBOR CONCERNS: A letter was submitted by a neighbor (Attachment E) that voices concerns about enforcement if an approval is granted. CAUCUS LETTER: The Woody Creek Caucus submitted a letter in support of the application (Attachment F) with the recommendation that the location of the proposed development is acceptable to the neighbors. FLOOR AREA: The Applicant has stated that floor area in the basement will be filled in to create exempt crawl space area and free up floor area for construction of the garage and CDU. The Applicant will need to confirm with the zoning officer and building department for appropriate steps to do this. SPECIAL REVIEW FOR LANDSCAPING AND BUILDING MATERIAL STORAGE Building materials and landscaping storage is listed as a special review use in the RS -20 zone district and therefore must comply with the following standards (see Subsection 2- 30 -30): A. The special review use shall consider the applicable County Master Plan. Response: The special review use is not inconsistent with the Down Valley Comprehensive Plan. R The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies. C. The proposed development must not materially endanger the public health, safety or welfare.. Response: Staff has no reason to believe that the proposed development will endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: The proposed development for building materials and landscape storage will not injure value of adjoining property. The existing storage area is unsightly and storing materials away from the road and indoors will reduce the visual impact of the masonry operation. E. The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Response: The RS -20 zone district is a rural zone district. Building and landscaping materials storage is a special review use in this zone district. This low impact family masonry business is consistent with the intent Page 10 of 14 UOUJ03 of this zone district. The RS -20 zone district general intent encourages clustering of development as expressed in section 3 -40 -30(3) of the Code. R The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The surrounding parcels are also zoned RS -20. A small family owned masonry business will be compatible with the character of the immediate vicinity of the parcel if standards for this special review use are carried out. G. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air /water pollution or other impacts on natural resources, noise, vibrations and odor on surroundingproperties. Response: The Applicant has shown a garage that will store masonry implements for the business. If the two areas recommended by Staff are used, visual impacts of the development and business will be minimized. Vehicular and traffic impacts shall comply with the building materials and landscaping storage standards as outlined in section 40- 30 -40(e) below. H. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The additional impact on County services from a building materials and landscaping storage use should be minimal. Staff has no reason to believe that the use will burden County services any further than the existing use that has been in place for 30 years. Roads, water usage, fire protection, and emergency medical services are already in place. I. The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and /or 2- 40 -20. Response: Code Section 4- 30 -40(e) will be addressed below. Standards for Buildine Materials and Landscape Storaee: Land Use Code Section 40- 30 -40(e) outlines requirements for this Special Review use. 1. In the B -1 zone district, each building materials and landscaping use is restricted to a maximum of one (1) business, a maximum of three thousand (3,000) square feet of floor area, and a maximum of five (5) employees per location. Response: The parcel is located in the RS -20 zone district. 2. All storage of supplies, inventory, and materials shall be indoors unless the terms of the development approval permit outdoor storage. If outdoor storage is permitted, the use shall provide buffering and landscaping for outdoor storage and service areas under Sec. 7 -20 -130. Response: The Applicant has proposed a garage of 800 square feet for storage of supplies such as propane tanks, pipes, and other masonry implements for the business. The Applicant has requested storage of materials outside the garage in a fenced in storage yard for the business. This is a practical request as stone, Page 11 of 14 063034 gravel, dirt, and other bulk materials that require shipment on a dump truck would be difficult to dump inside an 800 square foot structure. Staff is comfortable with this request as long as storage of only bulk materials are stored in the yard and all other masonry equipment is stored inside. 3. In the R8 -30, RS -20, and AR -10 zone districts, this use shall not include retail sales to the public (as opposed to contractors), shall only be permitted to have a maximum offour (4) commercial vehicles on site at any time, shall be permitted a maximum of five (5) customer visits per day, and shall only operate between the hours of 8:00 a. m. and 6: 00 p.m. Response: The Applicant will be conditioned to comply with these standards. SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT A caretaker dwelling unit is listed as a special review use in the RS -20 zone district and therefore mast comply with the following standards (see Subsection 2- 30 -30): A. The special review use shall consider the applicable County Master Plan. Response: The special review use is not inconsistent with the Down Valley Comprehensive Plan. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies. C. The proposed development must not materially endanger the public health, safety or welfare.. Response: Staff has no reason to believe that the proposed development will endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: The proposed development is an accessory use to a single family residence and will not alter the residential character of the area. As a result adjoining or abutting properties values will not be substantially injured. J. The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Response: The CDU will be consistent with the RS -20 zone district. K The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The CDU will be compatible with the character of the immediate vicinity of the subject parcel as it is an accessory use to single family residence. L. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on Page 12 of 14 Goo U35 pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air /water pollution or other impacts on natural resources, noise, vibrations and odor on surroundingproperties. Response: The Applicant has noted that the proposed CDU will be constructed in a garage that will house the materials storage for the landscape business. This development will occur in a hazard free location. The traffic generation from the increased density will be accommodated by the main driveway. Additional impacts stated above will be of no issue. M. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The additional impact of a CDU should be de rninimus with respect to the public facilities and services that are already in place and will be servicing the future residence. The property is located within the Aspen Fire District and the CDU will be required to comply with the Aspen Fire Code. Well construction, access, and waste systems will be required to meet Pitkin County standards. N. The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and /or 2- 40 -20. Response: Code Section 4- 30- 50(e)(1) will be addressed below. The Applicant has conformed to Section 2- 40-20. CDU as a Permitted Accessory Use For a detached CDU to be permitted, the Applicant shall comply with the following standards: (see subsection 4- 30- 50(e)(1) and (2)): c. The CDU shall not exceed one thousand (1, 000) net livable square feet on lots or parcels that are thirty thousand (30, 000) square feet or greater in lot area and seven hundred (700) net livable square feet on lots or parcels that are les than thirty thousand (30, 000) square feet in lot area; Response: The CDU has the ability to be constructed up to 1,000 square feet as the lot is 6.3 acres. d The floor area of the CDUshall be included in the total allowed floor area for the lot or parcel of land. Response: The Applicant has stated that the CDU will be included in the total allowed floor area. e. One(]) off-street parking space shall be provided for each caretaker dwelling unit. Response: The Applicant has stated that one parking space will be provided. f. The Applicant shall be deed restriction or other permanent commitment running with the land guarantee that the CDU: 1. Shall not be required to be rented; 2. Shall not be sold or otherwise conveved or separated from the original parcel regardless of the ultimate form of ownership of the CDU, - 3. Shall be limited to occupancy by(i) not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Office to be)employees of the community under such guidelines as many from time to time Page 13 of 14 i�GuLJ36 be established, or (ii) members of the owner's immediate family, even though they may not qualify as employees of the community; 4. Shall be rented for terms not less than six (6) months if rented. Response: Applicant has agreed to these limitations. g. The CDU restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified If modified, the remaining improvements must not longer be capable of occupancy as a dwelling unit and must meet otherwise applicable requirements of this Land Use Code. Response: The Applicant has agreed to this limitation. h. The provisions of the regulation are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of this Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in this Land Use Code. Response: The Applicant will be required to not use the CDU for mitigation of employee housing requirements. RECOMMENDATION: Staff recommends the BOCC adopt a motion to approve the Sisul Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping Storage, and Special Review for a CDU subject to the conditions of the attached Resolution. ATTACHMENTS: A. Legal Description B. Notice of Violation C. Aspen Fire District Letter D. CDOW comments E. Neighbor letter F. Caucus letter Page 14 of 14 000-0,51 ®a RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY COMISSIONERS GRANTING APPROVAL FOR THE SISUL ACTIVITY ENVELOPE, SITE PLAN, SPECIAL REVIEW FOR BUILDING MATERIALS AND LANDSCAPING STORAGE, AND SPECIAL REVIEW FOR A CDU BOCC Resolution No. -2007 RECITALS 1. Pauline Sisul (hereafter referred to as "Applicant') has applied to the Community Development Director of Pitkin County ("Director') for activity envelope and site plan review with vested rights for construction of a detached garage to store building and landscape materials for a private business. Special review for a CDU was also requested. 2. The parcel is located at 156 Letey Lane, Woody Creek. PID#: 2643 - 204 -00 -003 (Legal Description, Attachment A. The Lot is zoned RS -20, approximately 6.3 acres, and is non - conforming in size. PID #: 2643 - 082 -00 -003. 3. The parcel is currently developed with a single family residence of 3,800 square feet. No previous land use approvals apply to *the Lot. The Lot is located within a low wildfire hazard area, is visible from Upper River Road, and does not contain any mapped elk or mule deer winter ranges. 4. The Applicant submitted an application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code, as amended. 5. Public notice was published in the paper on July 8, 2007. No comments were received within 30 days. 6. The Director finds this request is consistent with the requirements of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED that the Pitkin County Board of County Commissioners approve the Sisul Activity Envelope, Site plan, Special Review for Building Materials Storage, and Special Review for a CDU subject to the following conditions: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Structures represented in the application may not be permitted under building and zoning regulations. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Site plan shall also incorporate the following change: a. The Site Plan shall state the following: (1) Lot is mapped in a low wildfire area; (2) The Lot is not mapped within any known wildlife areas; b. The Site Plan shall include a signing block for the Board of County Commissioners; Page 1 of r Uuub3d c. The Activity envelope shall be redrawn to 100' from the mean high water mark of Dry Woody Creek; d. The Site Plan shall include a footprint of the garage /CDU and storage yard in either location recommended by Staff as outlined in the August 8, 2007 memo to the BOCC; e. Change the title to "Sisul Activity Envelope and Site Plan". 4. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 5. The parcel is exempt from Growth Management up to 5,750 square feet and cannot exceed this floor area limitation without approval for use of a TDR or successfully competing in the Growth Management competition. 6. Prior to issuance of a building permit application for the garage /CDU, the Applicant shall: a. Complete a fireplace /woodstove registration form with the Community Development Department, if necessary. b. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. c. If necessary obtain a County access /driveway /turnaround permit acceptable to the Aspen Fire Protection District and County Engineer. d. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. e. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. f Pay the applicable road and employee housing impact fees. g. Obtain a permit for construction of the ISDS. If retaining walls are used, they shall comply with the following standards: a. Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for (i) a structure's foundation wall, or (ii) as necessary to construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed by the Land Use Code. b. A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and reviewed and approved by the County Engineer. c. Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped or revegetated with native vegetation. d. Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these guidelines. e. The Applicant shall submit the HP Geotech subsoil report at the time of building permit submittal for review and approval of recommendations by the Planning Engineer. Page 2 of 8 U '039 8. The Applicant shall submit a landscape plan to the Community Development Department for review and approval that screens the garage /CDU from Upper River Road. This landscape plan shall include plantings that will soften the visual affect of the garage and CDU using native vegetation. 9. Standards Applicable to All Wildfire Hazard Areas: Development is allowed in wildfire hazard areas subject to conformance with the following development standard, and conformance with the additional standards in subsection (d) as applicable. A. Defensible Space: The area around all buildings /structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a) Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. f) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. h) All deadfall up to a one hundred (100) foot perimeter shall be removed. i) No new conifer trees shall be planted within ten (10) feet of a residence. j) No flammable mulches shall be placed within two (2) feet of a residence. k) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Access a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access /egress to a public road shall be incorporated in the design of a proposed Page 3 of 8 f, 1 r, 600040 development. Looped routes of access /egress is defined as two (2) or more dedicated access roads to the main artery /highway for widely separated ingress /egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul -de -sac turnaround pads; these may be incorporated into the proposed driveway entries. b) New dead -end streets shall not be permitted, except for cul -de -sacs and other turnarounds accepted by the applicable local fire district. c) Cul -de -sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other T -turn area acceptable to the applicable local fire district. d) New driveways and access roadway shall enter the roadway at a ninety- degree (90 °) angle for the first twenty -five (25) feet of the driveway. e) Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated into the design of access roads or driveways. C. Water Supply for Fire Safety' a) When access to a public or private pressurized wafer system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fine department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity on the pparcel shall be a minimum of 20,000 thousand gallons. J c) � ar less of size, all structures (including detached garages and horse barns) where humans C 17��c�re ate regularly that are located within areas identified as containing "C -- Severe Hazard: n i�l� Trees" or "X -- Severe Hazard: Brush" wildfire hazard shall be required to install in -house �G �6 1f . sprinkler systems that meet the standards of the local fire protection district and the adopted e� \� U Building Code. 5 d) 11 structures shall be required to install in -house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications: a) Low Hazard Area 1. Roofing Materials 2. Class A covering or Class A Assembly as defined by the currently adopted Building Code. 3. No wood shakes or shingles. 4. All other adopted Building Code compliant methods and materials permitted. n 'O 0 0 4� Page 4 of 8 LG E. All Hazard Areas Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: a) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. b) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c) Protrusions above the roofline, such as parapets, shall be prohibited. d) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. e) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. F. Maintenance and Miscellaneous Requirements a) Roofs and gutters shall be kept clear of debris. b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth (%4) inch maximum. c) Yards shall be kept clear of all litter, slash and flammable debris. d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. g) Swimming pools and ponds shall be accessible by the local fire district. h) Fences shall be kept clear of brush and debris. i) Wood fences shall not connect to other structures. j) Fuel tanks shall be installed underground with an approved container. k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. 1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. m) The Applicant shall comply with all requirements of the Aspen Fire District Code. n) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non- combustible post. 10. The Applicant shall comply with the following general conditions regarding wildlife: A. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off -site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. B. Manipulation of vegetation outside of the Activity Envelope is prohibited. C. Mesh or woven wire fences are prohibited outside the Activity Envelope. D. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in Page 5 of ii00042 width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. E. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. F. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. G. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre - existing native trees and shrubs. H. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. I. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. J. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. K. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. L. Horse grains, pellets, and cookies shall be stored in bear resistant containers. M. Pet food shall not be left outside. N. Any horse or hay storage shall be fenced with 8' mesh game proof fencing. 11. The Applicant shall comply with the following requirements of the Special Review approval for Landscaping and Building Materials storage: a. This use shall not include retail sales to the public (as opposed to contractors), shall only be u permitted to have a maximum of four (4) commercial vehicles on site at any time, shall be } permitted a maximum of five (5) custom;hJ' visits per day, and shall only operate between the hours of 8:00 a.m. and 6:00 p.m. Y�I -Is- b. The approved use on this parcel is for storage purposes only. Processing of stone, such as cutting, or other obtrusive activities are not permitted. c. Storage of masonry implements shall be stored indoors. Bulk materials such as stone, gravel, dirt, or other bulk materials may be stored outside but only in the storage yard. 12. The detached CDU shall not exceed 1,000 net livable square feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two -burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14 "WX16 "DX5.25 "H; refrigerator must be at least 5.3 cubic feet and include at least a.73 cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. 13. The Applicant shall, by covenant, guarantee that the caretaker unit: a. Shall not be required to be rented; b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; c. Shall be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; Page 6 of 8 00, 00°x.3 d. Shall be rented for terms not less than 6 months if rented. 14. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above - referenced requirements. 15. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 16. The provisions of these regulations are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 17. Applicable road and employee housing impact fees must be paid at building permit. 18. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 19. The access drive shall be built to current County Standards, as described in the Pitkin County Asset Management Plan and submit for an access permit. The driveway layout shall be staked in the field and reviewed and approved by the County Engineer, prior to commencement of construction. 20. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 21. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 22. 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, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on August _, 2010. 23. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Time Weekly on the _ day of , 2007. BOARD OF COUNTY COMMISISONERS OF PITKIN COUNTY, COLORADO By Michael Owsley, Chair Date Page 7 of 8 r. -� UUOU44 ATTEST: Jeanette Jones, Deputy County Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, County Attorney Community Development Director PIN 2643- 082 -00 -003 P084 -07 Page 8 of 8 ii€ U U ATTACHMENT A Legal Description SUB:M/B WOODY CREEK j jSECT,TWN,RNG:8 -9 -85 DESC: A TRACT ;IN N2 SEC 8 -9 -85 DESC BY M/B BK 1381 PG 831 CONT 6.02 AC M/L AKA I :PARCEL A BK 410 PG 321 1 ,/-�-7`lgCYMLA, 7- f, PRGES PITKIN COUNTY ATTORNEY John M. Ely Courthouse Annex Building County Attorney 530 East Main Street, Suite 302 Aspen, Colorado 81611 Christopher G. Seldin Assistant County Attorney Tel: (970) 920 -5190 Fax: (970) 920 -5198 Carrington Brown Code Enforcement Officer July 3, 2006 Mr. Paul Britvar 0156 Letey Lane Woody Creek, Colorado 81656 Dear Mr. Britvar, Legal Assistants: Lisa MacDonald Jane Achey I am the Pitkin County Code Enforcement Officer and this letter serves as a Notice of Violation related to your property located at 0156 Letey Lane, Pitkin County. I have received complaints that you are storing construction materials on this property and have confirmed there is a significant amount of stone, scaffolding and other building materials stored on the property. The Pitkin County Land Use Code defines the storage of construction materials such as you have on this property as "Equipment supplies and contraction or sub - contraction". Your property is zoned RS -20 PUD. The Land Use Code specifies that the use of a property for "Equipment supplies and contraction or sub - contraction" in an area zoned as RS -20 PUD is a Special Review Use. Pitkin County Community Development records do not contain evidence that a Special Review has been conducted for this property. Consequently, it appears that the property is in violation of the Pitkin County Land Use Code. The cure for this Notice of Violation is for you to either remove all of the offending materials or obtain a Special Review from Pitkin County Community Development to allow this particular use of the property to continue, within 90 days of this letter's date. Contact Pitkin County Community Development at 920 -5526 to start the process for the Special Review. The process to obtain the Special Review can take up to 90 days; your prompt start of the process is recommended as this Violation must be cured within 90 days. Thank you for your prompt attention to this situation. I would appreciate your informing me of your intentions (429- 2814); I am also available at this number to answer questions you may have. Sincerely, Carrington Brown Pitkin County Code Enforcement Officer �UU�tk John M. Ely County Attorney Christopher G. Seldin Assistant County Attorney Carrington Brown Code Enforcement Officer Mr. Paul Britvar 0156 Letey Lane Woody Creek, Co 81656 Dear Mr. Britvar, PITKiN COUNTY ATTORNEY Courthouse Annex Building 530 East Main Street, Suite 302 Aspen, Colorado 81611 Tel: (970) 920 -5190 Fax: (970) 920 -5198 4/16/07 Legal Assistants Lisa MacDonald Jane Achey As you are aware I sent you a Notice of Violation letter on July 3, 2006 regarding your storage of construction materials on your property located at 0156 Letey Lane, Pitkin County. Over the ensuing time I understand you met with Pitkin County Planner Mike Kraemer to discuss the Special Review process for this use of the property. I also understand that you submitted an application to Mike Kraemer approximately 3 weeks ago. Unfortunately, your application was incomplete and has not been resubmitted in an acceptable form as of today. In order for your application to be considered please deliver to Mike Kraemer a letter that addresses the code sections outlined in the pre- application summary. Please be sure to address the requirements for an Activity Envelope, Site Plan, Special Review for a CDU, and Special Review for building materials storage. The Notice of Violation for your property has not been cured. In order to cure it please either provide Mike Kraemer a 100% complete Special Review application by May 1st, 2007, or cease using the property to store building materials and remove all of the offending materials by May I st, 2007. Please be advised that if you fail to perform one of the alternatives to cure this violation by May 1st, 2007 the matter will be referred to the Pitkin County Attorney for litigation. If you have questions or concerns, I am available at 429 -2814. Sincerely, Carrington Brown Pitkin County Code Enforcement r 0 U J40 Memo Aspen Fire Protection District 420 East Hopkins Avenue Aspen, CO 81611 970.9252690 To: Mike Kraemer, Community development Depaartment From: Ed Van Walraven, Fire Marshal CC: Date: July 23, 2007 Re: Britvar PID #2643- 082 -00 -003; CASE PO84 -07 Mike, This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to Fire Department Access (International Fire Code 2003 I Edition Section 503), Turning around of fire apparatus (IFC Section 503.2.5), Due to location �t}iS and occupants scheduled to inhabit the structure an approved fire sprinkler system shall be c�J provided (IFC as amended Section 903). Water supply, a minimum of 20,000 gallons (IFC ® J nay Section 508), and detailed wildfire mitigation plans for both landscaping and structural E standpoints shall be submitted. Please have the applicant contact the Fire Marshal's Office for specifications on the above requirements. '�7 Thank you, AEd�, Tc s- -If" �UL ���G/� G r✓!cc IL j�a STATE OF COLORADO (�/ 4L P M4 A—) T— 1) Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Mark B. Konishi, Acting Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297 -1192 wildlife.state.co.us July 6, 2007 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Britvar Activity Envelope, Site Plan Dear Mike: The Britvar parcel does not lies within any mapped wildlife areas. The parcel does receive limited and occasional use by elk deer, but this use is not significant. Black bear do inhabit the area, especially along the Roaring Fork River. The proposed building should not have significant impacts to wildlife. The following recommendations should help minimi: to wildlife and human - wildlife conflicts: 1. all fencing should meet code for wildlife friendly fencing 2. any horse hay should be fenced with 8'mesh game proof fencing in order to minimize game damage problems a big game across Upper River Road 3. comply with sections of the LUC relating to bears 4. round handled door knobs should be used on all outside doors instead of lever handles in order to minimize a bt to gain entry 5. contractors are required by code to provide a bear proof container for all edible and food related trash. This nee( enforced and relayed to all workers Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 047 -2920. Sincerely, Perry Area Wildlife Manager Cc: R. Velarde, K. Wright, file U 061 6 J 5 0 DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray Ex Officio Members, Harris Sherman and John Stulp ,47r4,,--#/1r/.1, July 17, 2007 To: Aspen/Pitkin Community Development Attn: Mike Kraemer Dear Mike, As neighbors of Paul Britvar in Woody Creek (for 15 years), we would like to offer the following cornments for your review as it applies to your decision regarding their Special Review. Due to the number of different factors now involved with the property. our opinion is not as straight forward as it might have been a year ago. The simplest solution would be to remove all of the Britvar company equipment. piles of rock, old cars, fuel tank, wooden pallets, etc. and restore the field to a natural state. However, does the county have the staff to enforce such a removal and to be sure that it doesn't return in the future? Paul will not do it voluntarily. Paul's mother and aunt now need a place to live and we support that. Therefore, building a barn/apartment with surrounding fencing might provide the solution for housing and containment of the construction "materials" used in Paul's business. However, we would request a strict time limit on the completion of such a project and the guarantee that no debris, piles of rock, construction equipment, etc. ever be allowed outside of the fencing, once the project is complete. With your approval and a 2008 spring start, Tim believes that the project could be completed by October of 2008. Again, how would the county enforce such restrictions? We have strong concerns that Paul Britvar will not be cooperative in following the county's decision with regard to his "storage field" unless restrictions and penalties are assessed and enforced. Sincerely, Tim and Kay Hagman 0166 Letey Lane Woody Creek, Colorado 000051 ���1 08 07 04:17p Janet K. Schoeberlein 970- 922 -7295 p.l a mod �0�6 35 . r = -rr11 i�T Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 July 1, 2007 TO: Pitkin County Community Development Dept. 130 S. Galena St. Aspen, CO. 81611 Attn: Mike Kraemer Re: Britvar Activity Envelope, etc. CASE P084 -07 The Woody Creek Caucus District Planning Commission considered the subject application, and has the following comments: There is no problem as long as there is adherence to the 5,750 s.f. limit. We have noticed a discrepancy in the calculated totals of square feet. As long as the neighbors do not object to the location of the bam and CDU in that part of the activity envelope, we have no objections. Filling in of the basement needs to be done according to County requirements. Sanitation for the new unit must be reviewed by Environmental Health_ J#et K. Schoeberlein For the Woody Creek Caucus District Planning Commission bu' jU Memo To: Mike Kraemer, Community Development Department Froro: Ed Van Walraven, Fire Marshal CC: Date: July 23, 2007 Re: Britvar PI #2643- 082 -00 -003; CASE P084 -07 Mike, This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning around of fire apparatus (IFC Section 503.2.5), Due to location, use(storage for a construction company operation), and occupants(elderly relatives of the owner, the elderly are in the high risk group when it comes to fire safety), scheduled to inhabit the structure it is strongly recommended that an approved fire sprinkler system be provided (IFC as amended Section 903), Water supply, a minimum of 20,000 gallons (IFC Section 508), and detailed wildfire mitigation plans for both landscaping and structural standpoints shall be submitted. Please have the applicant contact the Fire Marshal's Office for specifications on the above requirements. Thank you, Ed 006i�3 To: Mike Kraemer for delivery to the Pitkin County Commissioners On Sunday, September 23, 2007, Kay and Tim Hagman, Mary Anderson, and Patty and Jim Fox met to discuss the proposed Sisul Activity Envelope. Robyn Hudgens was out of town but we tried to consider her opinions based on earlier conversations. Mary Anderson spoke for all of us when she said, "Land uses in Woody Creek are changing. They changed when we built the first house here and they're still changing." Mary's house changed the neighborhood from hay fields to a residential area. Now we have neighbors close to us on all sides and we need to take into consideration the effect of our land use on our neighbors. And, as neighbors, we want to emphasize our desire to respect and live harmoniously with all concerned. With this in mind, we make the following recommendations: #1 Our first recommendation is for SisulBritvar to remove all traces of their construction business from the Woody Creek location and build only a one -level 1,000 sq. ft. CDU. The results of that decision would affect the following: • An estimate of the cost of building the proposed 1,700 sq. ft. barn/CDU (prior to landscaping a berm) could be in excess of $500,000. If the Britvars were to move the business off site, the reduction of construction costs would benefit the homeowners. • After further discussing the proposal to fence or berm the building, we concluded that a berm or fencing surrounding the barn/CDU would encourage more materials to accumulate and the effect would be a junk yard inside a berm. This is not the direction in which "land uses in Woody Creek are changing." • The neighbors will insist that all of the building materials and miscellaneous automobiles, snowmobiles, etc. presently stored in the field be moved into the barn and eliminate the storage yard. This would fall to the County to enforce, a situation we do not believe would be resolved easily • We do not think 700 sq. ft. of inside barn storage will begin to accommodate the amount of material presently in the field. There is no reason to believe it will not continue to grow "like a cancer," as one prospective buyer said to the Hagmans, as it has in the past. At present, materials are scattered on both sides of the Britvar's entrance road, in full view of Letey Lane, and leaned up against one of the neighbor's fences. • Building a more modest CDU would leave approximately $200,000 to $250,000 available for the Britvars to rent a more suitable and conforming location from which to stage the masonry business. • With the lower profile building, the neighbors agree that it could be located at any of the proposed locations ( 41, 42, or 93 as per Tim Hagman's site plan) as long as suitable landscaping (trees and shrubs) reduced its impact on their view planes and the design of the CDU reflected the handsome architecture of the Britvar house. • This proposal would also negate the necessity for the Britvars to decommission 600 sq. ft. of their basement with gravel to meet the county maximum of 5,750 sq. 6ib,U54 ft. This costly and destructive effort would, again, have to be enforced by the County both at the time of construction and later for compliance. 92 If our first recommendation is not agreed to and the County insists upon accommodating this illegal business in our neighborhood, we believe that the only suitable site for the barn/CDU is in location 41, north of the existing pond. However, there should be no berm or fence around the building to hide business activity. It should be stored inside the bane. This is not how Tim Hagman designed the original plan, but in discussing the pros and cons of a berm versus a fence, we all agreed that neither would be sufficient to house the construction debris for the long term, unless policed and enforced by the County. If the County approves a berm, we ask that it be designed by a professional landscape company. With regards to the County's code for "clustering" buildings, we believe a construction business should not be clustered with residential use. Therefore, Plan #1 is the more suitable site. Restoration of the hay field should be part of the approval for either above scenarios; reseeding, irrigating to establish the grasses, and no storage of personal or business items. For many years, the neighbors have been at odds with the construction "materials" and other assorted junk stored in the hay field in clear view of all who pass by either on Letey Lane or Upper River Road. We are thankful that the County is now taking action to alleviate this eye sore and inappropriate business location and we request of the County to seriously consider the above recommendations by those who are affected the most by this change in the land use. Respectfully, Mary Anderson, Tim and Kay Hagman, Patty and Jim Fox It 09 07 08:38p October 9, 2007 Janet K. Schoeberlein 970- 922 -7295 Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 TO: Pitkin County Community Development Dept. 130 S. Galena St. Aspen, CO. 81611 Attn: Mike Kraemer Re: Britvar Activity Envelope, etc. Case P084 -07 The Woody Creek Caucus District Planning Commission wrote you regarding the subject application, by letter dated July 1, 2007. Since that date, it has come to our attention that the applicant was notified on July 3, 2006, and also on April 16, 2007, by the Pitkin County Code Enforcement Officer that he was in violation of the Pitkin County Land Use Code regarding storing of construction materials on the property. It is our opinion that the code violations should be cured either before consideration of, or as a requirement for approval of the proposed application for an Activity envelope and special review of site plan, etc. We should have been sent a copy of the Notice of Violation as a matter of course. We did not find out about the violation until last week Thank you for your help on obtaining timely notice of such violations in the fixture. Sine ; i fib Phil Holstein For the Woody Creek Caucus District Planning Commission p.1 q, i 4 - f i t• � • i� n f bi �r 000358 �Y e 1� �1 Orr } x e cam, , iy 1 5 [s l GOGU60 uUGH1 m? m AUG. 1.2001 12:38PM ENVIRO HEALTH NAT RESOURCE No, 508 P. 1 CEINTOUR INTERVAL = 2' 15' ROAD \\GATE EXISTING WELL f ;... ` !r PROPOSED SETBACK DRIVEWAY ♦ 4" PVC PIPE `\ .....w.. " 3' X 80' TRENCHES ♦ ( �` ♦' EXISTING ITH 2 FOOT SIDE WALLS J I % •..._._.._ 3 BEDROOM %REA = 1440 S.F. ♦ \ \ 102 RESIDENCE 1000 GALLON �3 CONCRETE ` / UUIiUO� PUMPING ♦ 9� CHAMBER 100 ♦ \9 1250 GALLO APPROXIMATE CONCRETE SEPTIC I lorATU1N nF QAD UUuu63 Sisul Activity Envelope Site Analysis Site One (North of existing pond): • Flat terrain suitable fora storage yard and building • The CDU will have view of pond • Separates business activity from residential • Existing culvert over ditch • Closest neighbor (Zuckerman) is view - oriented to the south, not west, so visual impact is less • View planes of other neighbors (Hagman, Anderson, Huggins) are less impacted • Keeps the business activity close to where it has always existed • Visible from Upper River Road if motorists look south through the stand of cottonwood trees, but 350 feet away from the road Site Two (South of existing pond): • Sloping terrain is more difficult for a storage yard • Existing manicured lawn where the children play would be forfeited • Close to basketball court • Close to existing septic system • Business activity too close to residential use (both Britvar and Hagman) • Location would be in the view plane for neighbors (Hagman, Anderson, Huggins, Zuckerman) • Accomplishes "grouping" of buildings Site Three (in the cul de sac of the Britvar home) • Due to setbacks, the building would be extremely close to Britvar residence • Storage yard would necessitate the removal of more than a dozen mature evergreen trees • View impact of neighbors to the east (Fox) • Accomplishes "grouping" of buildings Note The existing septic system capacity will be evaluated. 00G J'S 4 8 3a�j65 t� I \ y t O 1 1 l S II V" P If 006066 O l e 0=1 I �w 00 0037 C �4 f 000068 ,I b N � � y � k R M, rn? m PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: 0156 Letey Lane PID# 2643 - 082 -00 -003 ZONING: RS -20 LOT SIZE: 6.3 acres OWNERS: Paul Britvar PHONE and MAILING ADDRESS: REPRESENTATIVE: Self 618.1772cell and 927- 1088fax PO Box 1791 Aspen, CO 81612 DATE: April 18, 2007 PLANNER: Mike Kraemer, 920.5482 Type of Application: Special Review for a Building Materials and Landscaping, Activity Envelope and Site Plan Review, and Special Review for a CDU. Description of Project/Development: The Applicant is requesting Special Review approval to store building materials. This is a special review use in the RS -20 zone district. Pursuant to section 4- 30 -40(e) of the Code, storage materials shall be housed indoor. The Applicant will simultaneously seek Activity Envelope and Site Plan approval to construct a garage. This pre -app was prompted by enforcement action from the Code Enforcement Officer. Land Use Code Sections to be addressed in letter of request ( application): Sec. 2- 30- 30(h): Special Review Uses or Activities (Building Materials Storage) Sec. 4- 30- 40(e): Building Materials and Landscaping Sec. 2.30- 30(h): Special Review for a CDU Sec. 4- 30- 50(e)(1)(2): Caretaker Dwelling Unit Sec. 6- 30 -40.c, GMQS Exemption for CDU Sec. 2- 40- 20(f): Additional Special Review Procedures for CDU's Sec. 4- 30- 40(e): Building Materials and Landscaping Sec. 2- 30- 20(g): Activity Envelope Criteria for Approval; Sec. 7- 10 -50: Activity Envelope; Sec. 7- 20 -20: Steep and Potentially Unstable Slopes; Sec. 7- 20 -20(e) 2 -10: Grading; Sec. 7- 20 -30: Water Courses and Drainage; Sec. 7 -20 -130: Landscaping and vegetation Protection. Sec. 7- 20 -60: Wildfire Hazard — Mapped Low Wildfire Hazard Area; Sec. 7- 20 -70: Wildlife Habitat (area not mapped for big game habitat according to WRIS maps); Sec. 7- 20- 120(d): Standards for Scenic View Protection Areas; Sec. 7- 20- 120(e): Rural Character Guidelines for Building Location Staff will refer the application to the following agencies: Woody Creek Caucus, CDOW, Aspen Fire Protection District, Housing, and Zoning. Review by: BOCC Public Hearing: Yes, 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: $4,836 (make check payable to " Pitkin County Treasurer ") 000001 J 14 ■ Planning Office flat fee: $4,620 (non - refundable; based on 20 hours of staff time (5 hours for Special Review at $1,155, 12 hours for Activity Envelope and Site Plan at $2,772, and 3 hours for special review for a CDU at $693). If staff review time exceeds 24 hours, the Applicant will be charged for additional time above 20 hours at a rate of $231/hour) o Public Notice Fee: $50 o Housing Referral Fee: $166 To apply, submit 13 copies 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. Standards Report as designated in Section 2.2.11 of the Pitkin County Land Use Application Manual; 3. 24" by 36" Activity Envelope and Site Plan as designated in Section 2. 1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 4. 24"x 36" Site plan for a CDU as designated in Section 2.1.3 of the Pitkin County Land Use Application Manual; 5. Previous Land Use Approvals (if applicable); 6. Parcel description, including legal description and vicinity map; 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); 9. Consent from owner(s) to process application and authorizing the representative (1 copy) 10. List of all adjacent property owners and mineral estate owners (1 copy) 11. Copies 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 INCL UDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ALL SLAPS SHALL BE FOLDED. ➢ This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current Zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. .1 L� W1 0 11 OOOQO? Application for Special Review/ Storage Building and CDU Address: 0156 Letey Lane, Woody Creek, Colorado Owner: Pauline D. Sisul, PO Box 1791, Aspen, CO 81612 Representative: Paul Britvar (nephew) tel 618 -1772 Legal: SUB: M/B Woody Creek SECT, TWN, RNG 8 -9 -85 DESC. A TRACT IN N2, SEC 8 -9 -85 DESC. By M/B BK 381 PG 831 CONT 6.02AC M/L ADA PARCEL ABk410Pg321 Summary: Applicant is requesting Special Review to build a storage barn with CDU. The Britvar family has owned and operated a stone masonry business for over 50 years. As Woody Creek has become more upscale, the storage of building materials and supplies has caused complaints to be registered with the County by the neighbors. Section 4- 30 -30(h) requires that all building and landscaping materials in RS -20 be stored indoors. The proposed development is intended to make the use of the property consistent with section 4- 30- 30(h). The business as a home occupation is an `allowed use' in the RS -20 zone district. Applicant is requesting approval under Section 2.30 -30(h) Special Review for a CDU and Sec. 4- 30- 50(e)(1)(2): Caretaker Dwelling Unit and Sec. 6- 30 -40c. GMQS Exemption for CDU: The advancing age of owner and her sister require that they live near family. The owner therefore requests that a CDU be part of the barn to house family members. The code allows family members to reside in a Caretaker unit. The owner and family agree to designate the accessory living space as a CDU and if leased will abide by housing guidelines. As the intended occupants are family members who have resided in Pitkin County since the 1950s the unit will also serve to address the need for Senior Housing. Sec. 4- 30- 40(e): Building Materials and Landscaping. The building is designed with natural materials similar to the houses in the area. Currently the field where the stone and equipment is stored is in a `natural' state. Section 7 -20 -130 allows for outdoor storage to be permitted if the use provides buffering and landscaping. The applicant intends to build a fenced area around the barn to store the stone with the equipment being stored inside the barn. The applicant is open to building a berm with trees instead of the fenced area. The applicant has not proposed "landscaping" and a berm because the natural land is a previously irrigated field. Sec. 2- 30 -20(g) Activity Envelope Criteria for Approval and Sec. 7 -10 -50 Activity Envelope. The applicant is asking for the barn to be located in the currently used activity envelope. P 000003 Sec. 7 -20 -20 and Sec. 7- 20- 20(e). There are no slope issues. The proposed site is located on the flat bench area of Woody Creek. Sec. 7- 20 -30: Water Courses and Drainage. The site is some distance from Little Woody and will not affect the water course. Sec. 7 -20 -130: Landscaping and Vegetation Protection. The vegetation is disturbed non- irrigated pasture. Sec. 7- 20 -60: Wildfire Hazard. The area is mapped as Low Wildfire Hazard area. Sec. 7- 20 -70: Wildlife Habitat. The area is not mapped for Big Game habitat according to WRIS maps. Sec. 7 -20 -120 (d): Standards for Scenic View Protection Areas. The proposed barn is intended to "hide' construction materials, thereby further protecting scenic views. Sec. 7- 20- 120(e): Rural Character Guidelines for Building Location. By siting the barn away from the main house, the structure avoids a large massing affect. The size of the building is small and consistent with a rural setting. The nature of the business, stone masonry is also in keeping with a rural setting. Stone was traditionally a material used in rural construction. The building is located in the exact area where the building materials are now stored and will not then increase the disturbed area. Development Cap of 5750: The family had planned for several years to build a garage and living quarters for the two elder members of the family but didn't have the money until recently. Since the original plans, the County has changed the Code several times as it relates to calculation of square footage. The existing garage (where the tool shop is) is 880 sq. ft. There also is a basement used solely for storage that is accessed from both the garage and the house. Counting stairway this space is 878 sq. ft. The actual floor space is 616 sq.ft. The living quarters are 3480 square feet making the total square footage 4743 sq.ft. The applicant requests the Board make a site visit to the property before the application is heard. Though the family considered trying to convert the basement to create an apartment for the sisters, it's below grade location near the river has resulted in several floodings making this space only useful for storage. The applicant agrees to put the necessary gravel onto the floor of the basement to bring its height to that of a crawl space. Their architect Tim Hagman calculates that this will reduce the square footage of the basement by 616 sq. ft. giving the family 1623 sq.ft. for the barn and the CDU. The Application meets all of the following Criteria necessary for Special Review approval: 000004 (a). The application is consistent with the Woody Creek Master Plan which seeks to retain the rural nature of the area where old time locals have utilized their land for employment. (b) The special review is consistent with the Pitkin County Land Use Code which allows home occupation by right in this zone. The Code also calls out special review for the storage materials and CDU © The proposed development will enhance public welfare by retaining a local business and mitigating the operation of the business' effect on neighbors. The application will not affect public health or safety. (d) The proposed development will protect the value of the adjoining properties by "cleaning up" the visual impact of the stockpiled stone. (e) The zone district specifically names both uses as allowed through special review. (f)(g) The design of the barn and its small scale is consistent with the immediate vicinity. The barn is located at the site where the stone is currently stockpiled to avoid any further impacts. The barn will use the existing driveway. (h) The barn and CDU will use existing facilities. The increase in two persons on the property will not cause impact on public services. 000005 FROM : BRITVARz FAX NO. 9709253114 4 1 `� �1};� Apr. 18 2087 11:39AM P3 � AF K. I J, "j,) 1 LL llq �';VV., L l i ` 1�'�L_�l ,;JiCiY. ni n f c v h.. 1r N ✓, I 4 r, PM(IN COUNT' COMM -L CITY DE'VBLOPMENT DEPARTMENT ^�T r E --� PIT TN COUNTY (hereittaftcr "CO1:gr"i"r~"j and ":. (hlh-- bzftr- APPLICANT') A.GRIM AS FOLLOWS: 11 APPLICANT loos subnuttcd to COIU -N 'Y an applzoauon fpr 4 �7 aea C'. _(hereiaafter, the "PROD T" ). 2. APPLICANT understands acid a 3 th4l Fitkin Couxixy Ordinance No. 32,2002 establishes a fee struettrrc for land use aPPlic4tions and the payment of all processing feos is a =clztiosx precedent to a detannination of application completeness. The fee struetxre is based on the COUNTY'S poliq that development shall pay, in full, tlsc cost of &-velopneem review in the Coulv"TY. fees have bean sct to be consistent and fair to the public and to reilc-t the expense inourred ist Mvidiog suoh s�'Tvxocs to the pubSo. 5. APPLICANT and COUNTY agree that because; of d-w suer, nature or sodpe of the propoa®d PROJECT, it MY not be possible at tho time of application to ascertah1 the Hill t;dent aftha costs involved in proemiri8 the application. 4. APPLICANT and COUNTY agree tswt 14es oharged for the pmceuing of land use aF�plics rioxas shall acC=Ulate if an a�ppl WhOn irtoludes more than one type of land use review. S. COUNTY and APPLICANT xmrUer agree that it is impr,WtiCablt for COUNTY staff to xmplete pet cessiug ox present aufFCient in-Formation tC the Planning Commission tin Vor Board of County Cmnrnissionerc to omble the Planning Commission and /or Board of Counter Cort Missiorkers to male leg-ally roquired findings for project approval, unless current billings arc paid in full prior to dooision_ 6. Therefore, APPLICA-NT agrees timt in consideration of ti?o r_,OLNTY'S waiver of its right to coliec t full fees prior tp a determination of application Contploteaess, APPLICANT shall pay a base fea in the amount of $ which is based on _ hours ofstaf:'timc, and if amal time, spent by stafito process the application e x ecds the V/mse numbar Of hours by more than 209/a. then the COUNTY. will bilt the APPLICANT quarterly for the additional time spent. Such periodio payments imll be =Lde wirhin 3o days cf tho bit ' to. APPLIC WNT Further agrees that failur, to pay such accrued aosts shall be grounds far suspeztaion o1'prtsne5si PTTION COUNTY •,A�$1�CA�T'� - By: Cindy Houben Communiky Dev'ekipttten't Director %ltiint Dame and Title (iif applicable) Date: " 3 0 - o �- 1Vlailing Address; ^ -NS ul 1 1 04 FROM HRITLOARz FAX NO. : 9709253114 Apr. ie 2007 11:3eAM P1 2 v r"! V! S I T ll r J _ �i" 11 .1 „_.....__.... Vr'VICh PITXMIt COUNTY PRE-APPLICATION, C'OIVFUEN'CE SUNWARY LOCATION: 0156 LOW), Lane �. PWi 2'643 -082- 00.003 ZONING: RS-20 LOT SIZE: 6.3 uns OWNTAS. Paul Britvar PHONE Rud MAILING slDDRIESS: R]ZFRX8FNTATM- SeY 618.1772ceil and 927- 1089fax PO Box 1791 Aspen, CO 8I S 12 AA xT; Apail 1 S, 200? _ � PLAN Mike .Kraetner, 920.5 c82 Type of Application: SpeaW Review for a Building Materials and Landscaping, Activity Envelope and Site plan Review, and Special Review for a CDU_ DM41740]a of FT0ject/Deve16pmeut; The Applicant is requesting Special Rwiew giproval t;� storc bui:l.dixtg materials. T 1is is a speoial riMew use in the RS -20 zone district. Purmant to section 4- 30 -40(a) of the Code, storage mater'aL- shall be housed indoor. The Applicant will simultacieoyusly seek Activity Envolope and Sin: Plan aArprovai to construct a ganuSe, Tbj3 pre -app was prornptad by enfbre men,. action b•o�a the Code r nfbrcement Qfficer. Land Use Code Sections to be addreeeed in letter of requ eat ur�aliaation }; Sec. 2^30 - 30(h): Spacial Revii-ov Uses or,A.oti Wes (Building ;Materials Stormge) Sec. 4- 30- 40(e): BuildintrMaterials and Lwdsoa*g Sec, 2.30-- 30(h): Special Review for a CUU Set% 4- 30- 50(exl)(2): Caretaker Owalling Unit Sec. 6.30 -40,o, C-MQS l~x=ptiot for CAU See. 2.40- 20(fj: Additional Special Review ]Procedures for CDU's Sec. 4- 30 -40(e): Building Materials taadLmdsoamng See_ 2..30- 20(g): Activity Envelope Criteria for Approval; See. 7- 10-50: Activity Envelope, Sec. 7- 20-20: Steep and Potentially Unstable Slopes; Sec, 7- 20 -20(e) 2_10; Grading,; Sec. 7- 21? -30: 'Water Courses and Drainage; Sec. 1-20-130! .Landscaping and vegetation Protection. S".7-2D.60- Wildfire Razard— .Mapped:Law Wildfire Hazard Area; S&,7-2040: Wildlife i-Tabitst (area not mapped for big game habitat a;=, -ditig to IRIS maps); EeC. 7- 20- 120(d): Standards for Scenic 'View protection Areas; See. 7.20 - 120(0); Rural Character Guidelines for Building Location eytaff will refer the appacat'iac to the following ngeEw4es: Woody C; eek Cauour; CDO*%V, Aspen Fire Protection district. Housing, and Zoning. Review by- BOCC Public Hearing. Yes, 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 owntrs ti least 30 prior to the hearing with the return address of the Coinrnunity Dmelopmemt Depmtmont (copy ofthe notice to be obtained bona the C¢rnrnunity )Development Depa=ont). 11te nz=es, 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 publio hearing. FEES: M6 Omoake check payable to "Pitkin County Treasurer") 000007 paD FROM : HRITVAR FAX NO. : 970 923 5853 Apr. 18 2007 09:30RM P3 1. Summary letter explaining the request, providing background on prior approvals and pennits, and addressing compliance with the Code sections listed above. 2. Standards Report as designated in Section 2.2.11 of the Pitkin County Land Use Application Manual; 3. 24" by 36" Activity Envelope and Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County band Use Application Manual; 4. Previous Land Use Approvals (if applicable); 5. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative (1 copy) 9_ List of all adjacent property owners and mineral estate owners (1 copy) 10. Copies of this preapp form NOTES. Y PI_F.ASE SUBMIT ONE IINBOi ND AND ONF_ 5IDF_D COPY OF YOUR COWI,,F,TF. APPLICATION PLEASE SUBMJr TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). T14E P.9RC'EL ID,s SUOUI.,D }3F. INCL UD.ED ONALL DOCUMENTS I,VC'I.i1DF.D IN YOUR APPLICATION. D ALL MAPS SNALI BE FOLDED. D This pre - application conference ,summary is advisory in nature and not binding on the County, The information provided in this summary is based on current zoning standards and staff :s interpretations based upon representations of the applicant. Additional information may he required upon a complete review ofthe application. 11111' http: // 205. 170.51. 230 /website /parcels /MapFrame.htm 4/24/2007 Address 156 Letey Ln Maps Aspen, CO 81611 000010 http: / /maps.google.COm /maps ?ie= UTF8&q= 0156 +Letey +Lane, +Wood +Cree Y k,... 4/24/2007 Adjacent Landowners for Sisul/Britvar 0156 Letey Lane 206 Letev Lane Doug & Jennifer Roger 4412 Fairfax, Dallas, TX 75205 190 Letev Lane Angus Anderson P.O. Box 1003, Aspen, CO 81612 Mark R. Hudges P.O. Box 428, Woody Creek, CO 81656 160 Letev Lane James and Katherine Hagmen P.O. Box 323, Woody Creek, CO 81656 120 Letev Lane Hypernel University 935 Euclid St. #8, Santa Monica, CA 90413 95 and 88 Grange Wav James & Patricia Fox P.O. Box 187, Woody Creek, CO 81656 000011 IZ14 I - L 000012 4 A Z y 000013 U y 0 000014 2 1 i� I i � �-- 000015 2 ei Y. re . . . . . . . . . . . PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and (hereinafter "APPLICANT ") AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for (hereinafter, the "PROJECT ") 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32 -2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense 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 may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes 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 information to ,the Planning Commission and /or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which 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 payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director 000016 ( "APPLICANT ") By: Print Name and Title (if applicable) Date: Mailing Address: PUBLIC NOTICE RE: Sisul Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping, and Special Review for a Caretaker Dwelling Unit (CDU) (CASE# P084 -07) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, August 8, 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 Pauline Sisul (PO Box 1791, Aspen, Co 81612) requesting Special Review approval to store building and landscape materials, Activity Envelope and Site Plan Review to construct a garage, and Special Review to construct a CDU. The property•is located at 156 Letey Lane and is legally described as a Tract of land in N 1/2 of Section 8, Township 9 South, Range 85 of the 6th P.M. The State Parcel Identification for this property is 2643 - 082 -00 -003. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on July 8, 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 f I C C n n I O N ri tU M O M1 U.S. Postal ServiceTM CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com� I• yr. i CenPoed Fee Rrseturn Receipt Fee �•� Postt{Wa- (Endoement Required) oo� Here Restricted Deliver, Fee (Endorsement Required) r 10.A0 , Total Postage & Fees I $ tT PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX # (970) 920 -5439 June 17, 2007 Paul Britvar PO Box 1791 Aspen, CO 81612 Re: Britvar Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping, and Special Review for a Caretaker Dwelling Unit (PID 2643- 082 -00 -003; Case P084 -07) Dear Mr. Britvar: 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, August 8, 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 Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit of Notice (Code Section 2 -20 -100) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: Woody Creek Caucus Colorado Division of Wildlife Aspen Fire Protection District Pitkin County Housing Pitkin County Zoning FROM: Mike Kraemer, Community Development Department RE: Britvar Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping, and Special Review for a Caretaker Dwelling Unit, (CASE P084 -07; PID 2643 - 082 -00 -003) DATE: June 17, 2007 Attached for your review and comments are materials for an application submitted by Paul Britvar. The Board of County Commissioners will review the application on Wednesday, August 8, 2007. Please return your comments to me by Friday, July 20, 2007 PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 29�S 0 CRMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 174 Flat Fee �. 162 Zoning and Sign 169 Public Notice+ r 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 Airport LUC01 County Clerk 211 County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 105 Building Permit 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit vJ 150 Plan Check 9--' 110 Plumbing Permit 130 Reinspection 152 AVFD Fire Marshal 1- 158 BFD Fire Marshal u \ Other Fees: 155 Use Tax 165 Copy San -� PZ005 Master Plan Copy , 185 Park Dedication IS GIS Requirements v 161 Housing Impact Fee B1202 Road Impact Fee B 1203 School Impact Fee TOTAL ' NAME- ADDRESS/ PROJECT: ¢ PHONE: CHECK# w CASE /PERMIT #: DATE: E .INITIAL: '11('k ,,L If 4i A �o PAI T, A, IJP Row AN o f. � do Al" y AI A, IW Al I Y' 1 Al 11"o o 01 I"Y IV 'uIOn, VA "f, to 91, fti: lk�Iik, '14 "' '1", 4,1, AtfAI jit W1 RAN lwdY IT, ,A i,i;, A lo A' PAPK"j, ttlit; IT, 'A I I I T !: too ff ef I Ir "41 4, 1 N y j rim to I j,''A ➢ Illy r too, NJ ",A f Mj I , ay fill, to of kpitl 01 QUIP, I to I,, I E A N , I ll It, ' i 'UN 'A I, , 4 l op i I I , V A, 6I't , I 'IT • A off IT, n t W , �r , I I I I , Y �, i, In' IT It ,,, ..... : .4 Q00M o o � 'Jos n alp A d d 1 OF A) j It, 1, MI) A VIOL o )A up 1 a so III n Hr f WI, MW 4 0 vim IT I cc rlraf 4r: Is, lo" I k,Ito, t A, �V VoIiIIIIV fok no ow I ("4y afty I Ion "I wd wo(oll "I 01 pw hook OOIVI,06ol 1hordAtoli'I Now IW ZANC-1 W rri'j H N� 0 0 (wat. q4. .. . ........ 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