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HomeMy WebLinkAboutpitkin.planning.246534301008 (2)DOCUM NT LAYOUT THIS FILE MAY OR MAY NOT ONTAIN ALL OF THE INFORMATION LISTED BELOW IN HE FOLLOWING ORDER Sum ary Sheet Resolution for a BOCC and/or P&Z Ordinance for a BOCC and/or P&Z Determination or the Hearing Officer Administra ive Determinafion Public Notice, Accept nce Letter, Referral(s) Letter ite Plan Y ~°'" CO~NtD'IISSIONERS OF PTTKIN COUNTY, RESOLUTION OF THE BOARD OF COUNTY, ..~ ~. r .. _ COLORADO, GRANTING APPROVAL_FOR A DETACHED CARETAKER DWELLING UNTT, A MINOR AMENDMENT TO A DEVELOPMENT PERMTT AND THE EXTENSION OF VESTED REAL PROPERTY RIGHTS TO PETER AND BARBARA FODOR r-..,~... .. , <.. ~. , . Resolution No. 98-y2pj' RECTTALS 1. Peter and Barbara Fodor, hereafter "Applicants', have applied to the Pitkin County Board of County Commissioners, hereafter"Board", to consider an extension of vested real. property rights; approval of a caretaker dwelling unit and a minor amendment to a development permit to amend the previously approved building envelope. 2. ' The property is described as Parce149 of the, Sopris Mountain. Ranch, 'oeing part of the S 1/2 of the NW I/4 and the SW l/4 of Section 34, Township 8 South, Range 87 West of the 6th P.M. 3. The Boazd heard this application at its regularly scheduled meeting on October 28, 1998, at which time evidence and testimony were presented with respect to the application: 4. The Boazd has determined that. the proposed development meets the criteria established in Section. 4-140-30 of the Land Use Code, and therefore found the extension to be appropriate. 5. The Board has determined that the. existing caretaker dwelling unit meets the standazds established in Section 3-150-130 of the Land Use, Code.. _ 6. The Boazd has determined that the amendment to the building envelope meets the standazds established in Section 3-200-080 of the Land Use Code.. NOW, THEREFORE BE TT RESOLVED by the Pitkin County Boazd of County Commissioners that it does hereby grants an extension m the vested property rights until October 28; 2001, and approval for the caretaker dwelling unit and minor amendment to a development permit, subject to the following conditions: L The conditions of this resolution replace all conditions of approval established in Resolution No. 95-116. 2. Prior to building permit. application, the Applicant shall re-record a 24 x 36 inch mylaz 1041 Hazard Review Site Plan. The site plan shall also be submitted in a digitatformat for infegiation into the County Geographic Information System (GIS). The face of the site plan shall include the following: A. The site plan shall include the appropriate signature blocks. 111111.IILII 111111111III.llll IlilllllliIII IIIiI Illl 1111 424874 11/23/1999 03:13P RESOLUTI bpVIS SILVi 1 of B R 0:00'D b.00 N 0.00 PITKIN COUNTY"C0 ,max ,_ ... b .- ~ : ,,, n.,_ ~ . : _ .... .„ ~ ... ..~ f Resolution No. 98-aOP" ~' ' ' ~ ~" ~~~~`~~ Page 3 B. The site pla4 shall be identified as "Fodor Amended, 1,041 Hazard Revtew Stte Plan C. A vicinity map shall be included on the face of the site plan. D. The building envelope shall be shift >0 feet in a southwesterly direction. E. The site plan shall include the following 1041 Hazard Review Warning and Disclaimer: "The applicant ackrxowledges that he/she has been ,informed big Pitkin County of the existence of 1041 Environmental Hazard areas that might affect the property, .any improvements and the use and occupancv thereof. " 3. The Applicant shall obtain an accesspermit from the County Engineer, prior to the issuance of a building permit. Access road(s) shall be built to County Standazds. 4. Outside illumination shall. comply with Count lighting standards in effect at the time of building permit issuance. 5. The Applicant shall comply with the following landscaping and wildfre defensible space mitigation standazds: A. The azea azound the stmcture 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 cbnditidns. 1. Brush, debris, and non-ornamental. vegetation shall be removed within a minimum 10 foot perimeterazound the structure. , 2. Vegetation shall be reduced to break up the vertical and. horizontal continuity of the fuels a minimum of a 30 foot perimeter azouhd a structure built on flat ground. 3. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall. be a .minimum of two times the height of the fuel. Maximum ;diameter of the clumps shall be two times the height of the fuel. All measurements shall b@ from the.edges of the crowns of the fuel. 4. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush.. 5. Tree crown sepazation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been compiled with. In areas of aspen regeneration, the spacing guidelines shall be followed. 6. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 2of 6R0 Resolution No. 98- 0~O$' Page 3 7. The density of fuel within a 100 foot perimeter of the structures. shall be reduced where natural reduction has not already occurred: 8. All deadfall within the 100 foot perimeter shall be removed. 9. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The Applicant shall comply with the following wildfire mitigation standards A. Roof construction shall be Class A, non-combustible (no wood shake/shinnies) material with no flat roofs. B. Roofs and. gutters shall be kept cleaz of debris. C. Yazds shall be kept cleaz of all litter, slash, and flammable debris. D. All flammable materials shall bestored on a pazallel contour a minimum of 15' from any structures: E. Weeds and grasses within the 10' perimeter shall be maintained tq a heighrno more than 6 inches. F. Firewood shall be stacked on a pazallel contour a minimuin pf 15 feet away from any structure. G. Swimming pools shall be accessible to Fire,Department vehicles. H. Propane tanks shall be installed according to NFPA 48 standards and on a contour. away from the structure with standazd defensible space vegetation mitigation around any above-ground tank. Any wood enclosures around the tank shall be constructed. with materials. approved for 2 hour fire-resistive constructiop,on the exterior side of the walls. L Fences shall be kept clear of brush and debris. _ J. Wood fences shall not be connected to thestructure. K. Fuel tanks shall be installed underground with an approved container.. _ L. Each structure shall have a minimum of one 10 Ib; ABC fire extinguisher. M. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. N. Addresses shall be clearly mazked and visible with minimum 2" non-combustible letters and shalt be visible and installed on anon-combustible post. O. Utility lines shall be buried.. P. Any outbuildings or additional buildings shall adhere to the same standazds as structures. 1111111 IIIII 111111111 Illillll 1111111111111 Ilill 11111111 424874 SS/25/1998T03 13P RESOLUTI biiVIS SI~V3` 3 of 6 R 0.00` D 0.00" i~~`0":0~ t$`iTKYN' CO(JNTY CO r Resolution No. 98-~0 8' 3i Pase 4 Q. Any fire department recommendation for individual structure water supply and storage shall be accessible b fire department vehicles from the exterior of the structure (i.e. fire hydrant). The amount of storage'capacity shall be determined by the fire protection district with a minimum, of 1000 gallon storage capacity per structure. R. 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 Pitkih County and the local fire protection district. _ 7. The Applicant shall comply with the following conditions in order to mitigate wildlife impacts: A. The building envelope location shall be maintained as amended, B. To the greatest extent possible, the oak-brush within the building envelope shall be preserved. C. The property shall be limited to one (1) dog, with a kennel restriction. The kennel shall be __ constructed prioYto Certificate of Occupancy. D. All garbage shall be kept in bear proof garbage containers.. E. All horses shall be confined. to the lower commoq_pastures of the Ranch. F. Fencing shall comply with the amended Pitkin County fencing requirements. The existing cattle fencing that tuns through the property shall be removed. 8. The Applicant shall comply with the following standards for development on slopes of greater than 15%: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall. be avoided.. C. Adding weight to the top of the slope shall. be avoided. D. Disturbed slopes must be contoured so that hey can be revegetated. E. Steepening of existing slopes shall be avoided: F. Confine cuts, fills, grading and excavation to the minimum area needed for construction.. 9. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. Foundation plans shall be submitted at building permit application: 10. The building site shall be revegetated with native grasses to limit water consumption and additional runoff, immediately followingproject completion. 11. Landscaping and revegetation on the property shall utilize low water (xeriscapnig) native plant materials and concepts. The timing of any sprinkler systems shall be decreased for low water I I"III "II,I "I'1! II'_III'll" I'I~ I'I") I~I "III'I'I,I"I 424874 11725/1998 03.13P R88OLUTT Di1VT5 SILVI 4 of 6 R 0.00 D 0.00 N 0.00' PITkIN "CGUNT(" C'0 ` Resolution No. 98-~ $ Paee 5 plants.. A landscaping plan depictingproposed landscaping and revegetation shall be submitted at building permit application. Said plan shall identify the proposed irrigation system and shall require approval by the Community Development Department prior to the issuance of a building permit. 12. Should the Applicant install afireplace, afireplace/woodstove application must be filed and approved by the Environmental Health Department prior to the issuance of a building permit. 13. Prior to the issuance of a building permit, the Applicant shall obtain a septic permit from the. Environmental Health Departrnent. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shalLbe located within the approved building envelope. 14. Prior to the issuance of a building permit, the Applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 15. No development, including grading, entry or ranch gates, septic systems; landscaping (including berming) and vegetation removal or disturbance shall occcr outside of the designated building envelope, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire. mitigation measures required elsewhere in this document. 16. The applicant shall comply with the following standards for the. detached. caretaker dwelling unit: A. Prior to the issuance of a building permit, the cazetaker dwelling unit deed restriction shall be recorded with the Housing Office. B. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy. C. The kitchen unit shall cpntain,at least atwo-burner stove with oven, a standard sink, and no less ., ,.~ than a 6 cubic foot refrigerator plus freezer... _ D: Actual floor plans of the proposed obit (calculating the net livable squaze footage) shall be submitted to the Housing Office prior to the issuance of a building'permit. 17. For any free market residential structure of 5,000 gross,square feet or greater, the applicant shall comply with Section 4A1,01(B) of the Pitkin County Road Management and Maintenance Plan, which requires the applicant to provide construction trip and residential trip generation studies. The Applicants shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. 18. The cumulative. floor area of all structures on the property shall be limited to 10;000 squaze feet. 19. The Applicant shall adhere to all material. representations. made in the application and public meetings. I I I I I I I 1 1 1 1 11 1 1 11 11 111 1 1 1 1 1 1 11 11 11 1 1 1 111 1 1 i l l l i gZof'g R 0 001D9g,00~N30 RESOLUTI ORVIS'IIIIIII ~ PITKIN COUN7y CO ~.,~~k~,4..~. APPROVED AND ADOPTED ON THE 28TH DAY OF OCTOBER, 1998. veSrt.~ Ric,«+rs NoTrGe P/l3t,rsHeD jN ~.,~y,spev rrrMes on! .u~vei-~6e,21y~ 1998' ATTEST: BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, COLORADO ,~~g//~ Dorothea Farris, Deputy Clerk and Recorder Chair Date: APPROVED AS TO FORM:..... APPROVED AS TO CONTENT: John Ely, ~,i County Attorney Case #P97-98 PID #2465-343-O1-008 /O.a1~'8 indy Houben, Community Development Director n n, MEMORANDUM TO: Board of County Commissioners. Regular Meeting -October 28, 1998 THRU: Cindy Houben, Community Development Director FROM: Tamara Pregl, Planner RE: Fodor Extension of Vested Rights, Caretaker Dwelling Unit and Minor Amendment To A Development Permit Si1MMARY OF REQUEST: The applicants are requesting an Extension of Vested Rights for a Board approval 1041 Hazard Review and General Submission granted in 1995 (Resolution No. 95-116). In addition, the applicants are requesting approval of a caretaker dwelling unit, and a minor amendment to a development permit to shi$the approved building envelope approximately 50' to the southwest to move it out of the right-of--way of the road and to encompass the existing well. APPLICANTS: Peter and Barbara Fodor REPRESENTATIVE• Eric Gross, McFlynn Picket & Whitsitt LOCATION: The property is known as Lot 49, Sopris Mountain Ranch. ZONING/LOT SIZE• RS-30; approximately 37.81 acres REFERRAL COMMENTS• Referral agency comments are incorporated throughout this memorandum, and are attached for reference. Referrals were received from Environmental_Health, Zoning, and the Housing Authority. Comments were not received from. the County Attorney and the Sopris Mountain Ranch Homeowners Association. BACKGROUND: The property was granted 1041 Hazard Review and General Submission approval by the Board of County Commissioner 1995, pursuant to Resolution No. 95-116. The 1041 site plan was recorded in Book 38, Page 58. The following are issues were addressed during the 1041 review. • The propertywas determined to be encumbered by severe wildfire hazard, however, the Colorado State Forest Service had. determined that the actual hazard in the area of the building envelope was ... r,. ~ ~, v . moderate. • The Colorado Division of Wildlife had indicated that the proposed building envelope appeazed to be in the best location on the property with respect to the wildlife impacts. The property lies within elk transitional range and does receive some winter range use in light snow years. Kevin Wright of the Division of Wildlife had indicated that the elk migrate across the property randomly, there are no specific trails or paths. • The property includes slopes of greater than 30 percent, however, the slopes in the area of the approved building envelope are in the 6 to 17 percent range. The building envelope was located on the flattest are on the property. • A cumulative floorarea of all structures on the property of 10,000 square foot was approved Peter and Barbara Fodor October 28, 1998 Page 2 ANALYSIS OF PROPOSAL EXTENSION of VESTED RIGHTS:. The following is a review and analysis of the proposal relative to the applicable standards of Section 4-14030 of the Land Use Code. In reviewing a request for the extension of vested property rights, the Board shall consider, but not be limited to, the following criteria: 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. 2. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made, by the applicant in pursuing the project.. 3. The nature and extent of any benefits already received by the County as a result ofproject approval, such as impact fees or Zand dedications. 4. The needs of the County and the applicant that would be served. by approval of the extension or reinstatement request. 5. An extension or reinstatement may be in the form of a development agreement duly authorized and executed by the applicant and the County. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement. Response: There were no conditions which required performance prior to the date. of application for extension of vested, rights. There have been no efforts,made to obtain building permits. There have been no benefits received by the County such as impact fees or land dedications. There are were no land dedications required. The needs of the County and the applicant would be serviced as an extended time. frame for development would be allowed... The. applicant has indicated agreement to reasonable conditions imposed by the County. CARETAKER DWELLING UNIT (CDII): The following is a review and analysis of the proposal relative to the applicable standards of Section 3-150.130(C) of the Land Use Code. The Board may permit a CDU not to exceed 700 square feet, to be located within a properly approved outbuilding on any lot in the RS-20 zone district under the following conditions and limitations: 1. The total joor area of the principal and caretaker unit. shall not exceed the allowable FAR of the applicable zone district. Response: The allowable FAR for the RS-20 zone district is 15,000 square feet of residential floor area: The applicants have indicated that the total floor area,of the principal dwelling and the CDU will not exceed the allowable FAR. 2. There shall be provided one off-street parking space for each bedroom within the principal unit and one. off-street parking space for each bedroom in the caretaker unit. Response: The applicants have indicated that they will provide adequate parking for the principal unit and the CAU. 3. The applicant shall deed restrict the unit to comply with the caretaker unit deed restriction pursuant to Section 3-150.130(C)(3) of the Land Use Code. 383484 g-,87 G-515 ~'''19/95,a1:d3F PG 1 OF 6~ REC DOC NE SILVIA DAVI3. ~.~ a„-- ,.. .,.~u,~.F~~„ .a ,, ,, ,. ....~<, ,. ... ._._ a. ~m ATTACHMENT ~. RESOLIITION OF THE BOARD OF COUNTY CONNS$520NERS OF PITRIN COIINTY, COLORADO,"GRANTING 1041 ENVIRONMENTAL HAZARD REVIEW AND GENERAL.SIIBMI3820N APPROVAL FOR TBE FOD[5R PROPERTY. KNOWN AS LOT 49 OF THE SOPRIS MOUNTAIN RANCH"SIISD2DISION Resolution No. 95-~ RECSTAL3 1. Barbara and Peter Fodor ;hereafter."Applicant") have requested that the Board of County Commissioners of Pitkin County (hereafter "Commission") grant 1041 Environmental Hazard Review and General Submission. approval to allow the construction of a single-family residence on Lot 49 of the Sopris Mountain $anch Subdivision. 2. The subject property is approximately 37 acres in size and is accessed off of West Sopris Creek Road via the existing private subdivision road. 3. The Planning and Zoning Commission reviewed the applicant's request at a regularly scheduled public meeting on February 21, 1995 and found the proposal to comply with the applicable sections of the Pitkin County Land Use Code. The Planning and Zoning Commission recommends approval of the requested 1o41_Environmental Hazard Review and General Submission with conditions. 4. The Board of County Commissioners considered the Applicant's request for 1041 Environmental. Hazard Review and General Submission at a public hearing oa Suly 12, 1995, at which time evidence and testimony was heard from the Applicant and the public. The Board found that the actual wildfire hazard in the area of the building envelope is "moderate" as identified by the Colorado State Forest Service. The Board also found the Applicant's request to be ;x83484 R-787 G-51 E 0 `~'? i 95 01 : c,:P PG 8 OF 6 ~" - ' - - +- Resolution No. 95-~ Page 2 consistent with the applicable sections of the Pitkin County Land Use Code. YOW, THEREFORE, SE IT RESOLVED by the Board that it does hereby approve the Fodor 1041 environmental Hazard'Review and General Submission application subject to the following conditions: 1. The Applicant shall adhere to all material reps=sentations made in the application .and. in the public meetings. 2. Prior to- building per:ait application, the Applicant shall record a 24 x 36 finch mylar 1041 Hazard Review Site Plah which meets the approval. of the planning Office and County Attorney.` a. The following 1041 Hazard Review Warning and .Disclaimer shall be notad on the Plat: ` "The provisions of these regulations do not in any way assure `or imply that areas outside of designated hazard areas will be free from `hazard§, or that approved mitigation measures `will guarahtee the safety of any property:" 3. The Applicant shall obtain an access permit from the County Engineer, prior to issuance of a building permit.. 4. Outside illumination .shall comply with County lighting standards in effect at the time of building permit issuance. 5. The Applicant shall comply with. the following conditions in order to mitigate wildlife impacts: a. The building envelope location shall be maintained as depicted on the site plan. b. To the greatest .extent possible, the oakbrush within the building envelope shall be preserved. c. The property'shall be limited to one (1) dog; with a kennel restriction. d. All garbage shall be kept in approved (North American. Bear Society) bear proof garbage containers. e. All horses shall be confined to the lower common pastures of the. Ranch... f. Fencing shall be confined to the building envelope and shall be 42", 4 strand or less, with a 12" kickspace between the top two strands. Rail fencing shall ke the round. rail type; 48" 3 rail or less with at leash 18" between 'two of the rails. ,. 383484 B-787 P=517 '1;9/95 @1 .c3P Jq 3 OF 6 Resolution No. 95-~ Page 3 6. Wildfire mitigation shall be as follows: Defensible spacer a. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows` NOTE: Actual .vegetation manipulation to meet these conditions ,.may hot` be Necessary where the natural vegetation patterns have already fulfilled these conditions. _ .. .. 1) Brush, debris, and non-ornamental vegetation shall be removed within a minimum l0 foot perimeter around the structure: 2) All branches which extend over the roof eaves shall be trimmed and all branches within' 15 .feet of the chimneys shall be removed. 3) All deadfall within the l00 foot perimeter shall be removed. 4) The applicant shall be responsible Por the continued maintenance of the defensible space' begetation requirements. Structural Design and Construction Requirements:' a. Roofing: 1) Roof construction shall be Class A, non-combustible , {no wood shake/shingles) material. with no 'flat roofs. b. Vents: 1) Vents shall be screened with corrosive resistant _:.~. . wire mesh with"mesh 1/4 inch maximum., Maintenance• a. Roofs and gutters shall be kept clear'of debris. b. Yards shall be kept clear of all litter, slash, and flammable debris. c. All flammable materials shall be stored on a parallel contour a minimum. of 15 feet. away from"any structure. 383484 B-787 G-51 / 14/95 ~1 :33P F'G 4 OF'` ~ a ~ , Resolution No. 95-/~ v Page 4 d. Weeds and. grasses within the, 10 foot perimeter shall be maintained to a height not more thah 6 inches. Miscellaneous: a. FirewoodJwood piles shall be stacked on a .parallel contour a minimum of 15 feet away from the structure. b. Swimming pools shall be accessible to Fire Department vehicles. c. Fences shall be kept clear of brush and debris,. d. Wood fences shall not 'connect to the structure. e. Any outbuildings or additional structures shall adhere to the same standards"as structures. f. Fuel tanks shall be installed underground with an approved container. g. ..Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defens b'le space""~~g~tation mitigation around any above-ground tank. And wood. enclosure around the tank shall, be constructed with materials approved for 2 ..~~ hour fire-resistive construction on~the exterior side of the walls. h. At least one ten pound approved ABC class .fire extinguisher shall be placed in a visible and accessible location for each structurey i. Addresses shall be clearly marked with 2 inch non- combustible letters and shall beblsible and installed _, .. w.,~"~ ,. „n~, on a non`-combustible post. Access: a. Access roads shall,be built to~Coun~ty standards. a. , b. Cul-de-Sac turn around pads shall have a minimum of a 30 foot driveable, surf ace inside turning radius: _. , ~_ _ , ~,. ,. .w. ..._ c. The driveways and access roadway shall enter the roadway at a ninety degree angle for the first 25 feet of the driveway. Water Supoly• 383484 B-787 F~-51' ~`'J7/19/95 01 sc3G F'6 5 Of ~ Resolution No. 95 Page 5 a. TAhen 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 Pitkin County and the local fire protection district. b. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicle from the exterior of the structure through a rr^ire Department approved mechanism (such as afire hydrant). The amount of storage capacity shall be determined_by the fire protection district with a minimum of _1000 gallon storage capacity per structure. c; The proposed residence shall. incorporate an in-house. sprinkler systems which meet the standards `of the local fire protection district and the Uniforn Building Code. Utilites• a. Utility lines shall be :buried ...... 7. Prior to issuance of a building permit, the Applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply`shalh`aieet`the approval of the. Environmental Health Depa"rtment. °" 8. The septic system designed for the site shall meet the approval of the Environmental Health'Department`."'The Applicant shall obtain such approval prior to the issuance of a building permit. _ _ 9. The Applicant shall obtain a fireplace/woodstave permit from Environmental Health "bepartiment,` prior to the issuance of a ` building permit... 10. No development, including disturbance of vegetation and grading, shall occur outside of the building envelope, other than that required for wildfire mitigation, construction of the access drive and necessary utility extensions. 11. The building site shall be revegetated with native grasses to limit water consumption and additional runoff, immediately following project completion. 12. Landscaping and revegetation on the property shall utilize low water (xeriscaping) native plant materials and concepts: The .timing of any sprinkler .systems shall be decreased for low water plants. A landscape plan 3epicting proposed landscaping and revegetation shall be 'submitted at bull PP ~ P y pro oseding permit a lication. Said lan shall identif the p d irrigation ,83484 B-787 P-Sc ""07/19/95 O1~:c~F F'r 6 0. ~ a, ~;~ Resolution No. 95-~ Page 6 system and shall require approval by the Community Development Department prior to issuance of a building permit...... 13. Building foundations shall be reviewed. and certified by a Colorado registered professional engineer. Foundation plans shall be submitted_at building permit application. 14. The applicant shall adhere tq the _criteria „stipulated_in .Section 3-805(c) as follows: a. Adequate mechanical support shall_be provided for cut. slopes. b. Adding water which may decrease slope stability shall be avoided. c. Adding weight to the top of the slope shall be avoided. d. Disturbed slopes must be contoured so that 'they can be revegetated. e. Steepening of existing slopes shall be avoided. f. Confine cuts., fills, grading and excavation to the minimum area heeded for construction. 15. The cumulative floor area„ of all structures on,the_property shall be limited to 10,000 square feet. APPROVED AND ADOPTED ON, THE 12th DAY OF JULY, 1995. BOARD OF COUNTY COMMISSIONERS; PITRIN"COUNTY COLORADO BY Da Clerk aiSd Recorder APPROVED AS TO CONTENT• NIA'1.Q rp1Cl•'v- Su nne Ho chap, Co ty Planning Director/~ AS TO 'FORM• ~rY~ nnty Attorney SEP 21 '9S 03'9S 0~3~11PM ASPEN HOUSING OFC ATTACHMENT C /~ \~- ME&fORANQUAf TO: Tamara Pregi, Community Development Dept. FROM: Stefanie Levesque, Housing Office ~-' DATE: September 75,1896 P.1 e~^!; H47-using t7ffiee City'of Aspen/Pitkin County Aspen, Colorado 81611 {970} 920.5050 Fax: (970} g20.5S80 RE: Caretaker Dwelling Un;t Review t Fodor Parcel ED No. 2645~3~43.01-008... ISSUE: The appifcant is proposing in oonsuuct a caretaker dwelling unit. BACKGRC3UND: According to the Fitton Courtly Land Usa, Section 3 15!1730 S, "Other Careaker" units, the Board may permit Caretaker Dwefllnp tlnlts up to 700 square feet ori'any size lot`n the R-30, AFR-10, AFR-2, RS-20, RS30 and RS-160 aches. "The Board may permit CaretakerDwsiling Units up to 400 squs~e feet on any size tat m the R-6, R-75 and R-15A zone distrtcts. All such units nlay be attached As, or w3lhin, the principal residence; within a property approved outoWlding; or detached. All such urns maybe approved under the following conditions 8nd limitatansa t . The total floor area of the principal and caretaker unit shall hat exceed the allowable FAR of the appl icable zone district. 2, The appPcant shall by dead rest~icton ar other permanent cammitmentrunntng with the land, guarantee that the ceretaker`unit shall not be requiredlo tx~ rented; nofbe condominiurrized or sold; riot be occupied by the owrrer cr spouse;'be ihnitod to occupancy by not more than two (Z} adults, and related children, who quality as (and have been Found by the Housing Authority to bee employees of ilia wmmunfty " under such guidelines as may be from time to time established by sisid Authority; ba ranted far terns "not less than six (6} months iF rented. The c~etaker dwelling unit may be occupied by members of the immediate tam~7y even ~,ouah they may not qualify as employees of ttte communky. "Immediate Famrly" shalt min a person related by blood ar marriage who is a 'First cottain (or Loser relate} and his or her children. i~,E_COMINENDATIt)N; Staff recommends approval as long as the following oonditkxts are met:: t . tl~e k'rtotten contains at feast a two-humer stove with oven, standard sink, and at least a 6-cubic foot refiigerator plus freezer, 2, actual floor plans of the proposed urit (cslculating the net livable square footage) be submitted to the Housing ©ffice prior to building pemit~apprwal; and 3. a Caretaker Dwelling Unit deed restriction he recorded before building permit approve( (this document shall be obtained through the Housing" Office}. ~a.w ,..,....~ . ..a~..., ATTA~~HMENT D M E M O R A N D U M TO: Tamara Pregl, Planning FROM: Joanna S. Schaffher, Zdhing DATE: September 7, 1998 RE: Fodor Extension of Vested Rights Parcel ID# 2645-343-01-008 I have reviewed the above referenced application and offer the following comments: An access driveway should be approved prior to approval of the easement to ensure. the driveway can. be contained within the easement. ~4. " The access easement does not comply with the access requirements of resolution 95-116. All previous approvals should be rescinded, and .all conditions of approval should be included in_the 1998 resolution. Regarding Resolution 95-116: when must the kennel be constructed. (condition Sc)? If the property owner/developer of the parcel does not have a dog, must a kennel be constructed anyway? The fencing restriction required in condition 5f should be updated to the new Division of Wildlife standard adopted .earlier. .this.. year. "Access drive" should be removed from condition 10, since the drive will have its own envelope. The driveway shall not exceed the approved access envelope. Does the 10,000 square foot floor area restriction in condition 15 include agricultural structures, or are agricultural structures exempt from floor area calculations? +~?`ATTACHNIENT E '~"', r ~ - .nGr .1 .rh~F "b'1&NVX: ~'~. ~ lavk(~1 vh1F.G + YM. ».V/ ~ _ > J A ~w.w... ,. .. ., r.: «.. ..Gb .... ~.. S. ...r.. ..:~. ~:.. MEMORANDUM To: Tamara Pregl, Community Development Department Through: Lee Cassin, Environmental Health Department From: Jannette Whitcomb, Environmental Health Department<`~~ Date: September 21,1998 Re: Fodor Extension of Vested Rights Parcel ID # 2465-343-01-008 ------- ---- ---- ---- ---- ---- - - - _ ___ a, '. ~.huc z.r wr, j,., ------- ----- ----- ----- ----- ---- -- - - The Aspen/Pitkin Environmental Health Department has reviewed the details. of the Fodor application. under the authority of the Pitkin County Land Use Code and has the following comments. We were unable to do„a site visit due to time constraints, so the information submitted by the applicant limits the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-17 and 3-1104: ' "It is the polity of the County toinsure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire protection and support of a proposed land use prior to approval of the u'se. The County shall require land'.uses to hook up to existing public systems if service is available." This Department needs adequate information on the quantity and the quality of water available. To do this, the owners will need tests of on-slte wells done by a water engineer or well driller. The applicant must ensure that the water quality is acceptable by having it tested by a lab such as the Snowmass Water and Sanitation District or Aspen Consolidated Sanitation District.. Other lots in this area have had water of acceptable quality and quantity. Before this department can issue a septic permit, the owners must drill the well to ensure that the we1T will meet the required setback distance from the septic system. Pitkin County Land Use Code requires that the well site be within the building envelope. The possibility exists. that the well may not fit within the building envelope. This Department advises the applicant of our comments from the 1995 104T Hazard Review, "The application states that garden areas will be irrigated with well water. We advise the applicant to check their well permit to be sure if this. use is allowed _by the Colorado Division of Water Resources." We recommend low water landscaping (xeriscaping), with the timing of any sprinkler systems decreased for low water plants. Contact the Colorado State University Cooperative Extension office or Denver Water Board for more information on xeriscaping. r<~okb,M R Kyaea rare ., b A condition of approval for this application is documentation that the well(s) meet setback requirements and that quantity and quality of the well water are adequate. The County cannot. issue. septic and building permits until the applicant meets these requirements. SEWAGE TREATMENT AND COLLECTION: Sections 2-18 and 3-1105: °u ig the policy of me aunty t<, ensure that adequate sewage treaftvienffacl&ties are available to'serve existing and `new de`ve`lop'inenFs`.Y'ublic andpnvate sewage disposal systems and connections to such systems shall comply with the sewage disposal guidelines of Pitkin County s Iridrvidual Sewage Disposal System Regulation." Lots in the Sopris Mountain Ranch Subdivision have individual septic systems. All such systems installed within Pitkin County require septic permits issued by the Environmental Health Department, and must comply with the County's septic regulations. The County's septic regulations have been amended since the applicant's 19951041 Hazard Review. The applicant should give attention to the following comments.. An engineer must perform the soils tests between Apri115 and Nov. 15 of each year. The County cannot issue building and septic permits without these. soils tests. To receive. a septic permit, the applicant will need to submit a septic permit application through a Registered Professional Engineer who will design the system. The packet must include several items, including percolation test results and profile hole information. It must. also include a site plan with pertinent physical features. A floor plan for the dwelling and caretaker unit and a copy of the County's land use approval are needed as we1L_ Once we receive the completed application, this Department will analyze and review the proposed septic design. Note that it may take from 2- 6 weeks to obtain a well. permit (required before septic system design). It may take some time to have soils tests performed and additional time to have the system designed. The department can evaluate the site and soils tests only between Apri115 and Nov. 15. The owner should carefully evaluate this schedule to make sure all. steps have been taken to make the permitting process as fast as,possible. Applicants should also be aware that many building envelopes are too small to allow any but the smallest house and. still have_the septic system meet required setbacks from wells and streams or ponds or irrigation ditches. It may be difficult to locate the sewage disposal within the building envelope. Here are some examples of required distances. between septic systems and wells & streams or ponds or irrigation ditches. The greater the sewage flow, the greater the distance must be between the septic system and the well. Sewage flows are a function. of the size of the. house. and the number of rooms that these or future owners may use. as bedrooms as their family size and situation changes. Applicants should carefully evaluate this information so they can ensure the house they want to build can meet these setbacks. re~~e.,~ x~y~i a rnre. A 3-bedroom house with one office that is 4000 sg. ft. with a detached 2-bedroom caretaker unit, must have its we11174' and any stream/pond/irrigation ditch 124' from the septic system. A 4-bedroom house with one office and one playroom, of 4000 sq. ft. with a detached 2-bedroom caretaker unit must have the we11230' and any stream/pond/irrigation ditch 180' from the septic system. A 4-bedroom house with one office of over 6,000. sq. ft. with a detached 2-bedroom. caretaker unit must have the we11244' and any stream/pond/irrigation ditch 194' from the septic system. The type of soil will determine how large the septic system must be. The owners will need to obtain site specific soil data. The leach field should be in an area of no traffic, the owner should planfthe field area with dry land grass, and residents should not water the leachfield area. It is desrrable to locate. the system below the house so that the system can operate by gravity. The applicant should refer to the 1998 .Pitkin County Sewage Regulations for detailed information, or call our office to discuss this site. The site will pose some difficulty in placing the system away from hazards. The first difficulty is the slope of the site. The ditch on-site poses another problem. Water drainage from the ditch could impair the functioning of the septic system by overloading and saturating the soils. This would severely impair the soil's ability to absorb and filter water of the septic system. Percolation test holes should be below the ditch in the area of the proposed leach field. If waterfrom the ditch collects in these holes, the design will have to keep water from the ditch away from the leach field. These measures include but culverting the ditch or creating diversion swales to move the water away from the septic system. The system must be at least fifty feet away from the ditch, with additional distance required for larger houses. This site might pose some difficulty in placing the system away from hazards due to the slope of the site. The first consideration is that water drainage from runoff could impair the functioning of the septic system by overloading and saturating the soils. This would severely impair the soil's function to absorb and filter water. from the septic system. The engineer`must do percolation tests during runoff in the area. of the proposed leach field. Measures. to mitigate water drainage include culverting or creating diversion. swales to move the water away from the septic system. The Pitkin County Land Use Code prohibits soil absorption systems in areas where the ground slope is in excess of thirty percent (30%). The well permit may state that the septic system must be of the non-evaporative type where the water returns to the stream system adjacent to the well. If so, the owner cannot install a completely lined field, such as an evapo-transpiration bed, without a new well permit or a plan. of augmentation. lkinrep on Recycletl Payee A condition of approval for this,application is the receipt and approval of the septic permit before issuance of a building permit. WATER UALITY IMPACTS: Sections 2-14 and 3-705 and 3-710:_..... "It is the policy of the County to preserve and protect its present water resources. To this end it ~s,the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established water-dependent agricultural activities; or which would result in increased satinization of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration of waterquality or impair the natural treatment processes provided by meadows and wetlands." The Environmental. Health Department will be addressing water quality impacts on down stream water quality. This application should not impact down. stream water quality if the setbacks between the septic system and physical features comply with the Pitkiri County Sewage Regulations. The Environmental Health Department's mission is to preserve and protect the quality of Pitkin County's water resources.: Since a large percentage of the population is dependent upon water from wells, elimination of groundwater pollution, and protection of aquifers and their drainage areas. are of utmost importance. Roofs and asphalt areas can be nonpoint sources of water discharge that can contaminate water supplies._This Department recommends that nonpoint sources of discharge be retained on the property of origin. To accomplish this, the owner can use landscaping, drainage patterns, detention ponds, and/or dry wells for water runoff from buildings. AIR QUALITY: Sections 2-13 and 3-602: "Only that development is permitted which will not contribute significantly to degradation of air quality in Pitkin County. Developments may not constitute an indirect or direct air pollution source under Federal, State or County regulations:' This project should not contribute significantly to degradation of air quality in Pitkin County. FIREPLACE The less densely populated parts of the county like this site may have two devices per building. The owners can install no more than one wood burning fireplace and a second device that can be either a gas log fireplace or a certified woodstove. Ixl addition, the owner can install unlimited. numbers of decorative gas appliances. Occupants may not burn coal in any device. The owners cannot install fireplaces or woodstoves in barns or agricultural buildings. A condition of approval for this application is the receipt and approval of the fireplace/woodstove permit by the Environmental Health Department. This. is a condition of building peYrnit issuance. rrm~w ~~ a~y~i~a r.oer SUN-15-1998 13:43 FROM RSPENiPITKIN CbM DEU "~6 99230760 P.01 ', PITKIN COZ PRE-APPLICATION CONFF DATE: June 3, 1998 PROJECT: Fodor Extension of Vested Rights LOCATION:. Lot 49, Sopris Mountain Ranch APPLICANTS: Peter and Barbara Fodor APPLICANT'S REPRESENTATIVE: Norman Clasen PHONE. 927 3043 ,- ~,- - ...v~.. ,. :,FAX: 927-36'0. _ . , _ PLANNER: Tamara Fregl PHONE: 920-5103 1. Type of Application: Extension of Vested Property Rights 2. Description of project/Deve]opment: The Applicants are requesting approval for the extension of vested property rights. The parcel was granted 1041 Igazard Review,appioval by the BOCC in 1995, pursuant to Resolution 95-.116, 3. Areas in which the Applicant has been. requested to respond, types of reports requested: J,,~nd Js C,gde Sections 4-140 Extension of Vested Property Rights 4-50 Procedure 5-50 Submission Contents 4. Staff will refer to the following agencies: a. County Attorney b. Zoning Office c. Environmental hlealth Department d. SoprisNlountain Ranch F10A . 5. Review by: BOCC 6. Public Hearing? Yes. The Applicants must post a sign on the property for the public hearing pursuant to Section 4-40 of the Code. 7. Adjacent Property Ow»ers: The Applicants are required to submit a list of adjacent property owners (one copy) and stamped and addressed envelope for each owner. 8. Number of copies of the applica&on snd maps to be submitted: 12 JUN-15-1998 15 03 +970 920 5439 95i P.01 JUN-15-1998 13:44 FROM RSPENiPITKTN COM DEU TO :99230760.. P.02 ~. 1 ~., .~ ,~. Pre-Application: Fodor Extension of Vested Ri;hts June 3, 1998 Page 2 9. What fee was the applicant requested to submit:. $1,380 ($1,1 ]0 £or Planning; $1 10 for County Clerk; and $160 Environmental Health). l0. For a complete application, please include the following in each packet: a. Letter of request, addressing Code Sections listed above (# 3); b. Consent fwm owner(s) to process application and authorizing the representative (if applicable); c. Pazcel description, including legal description and vicinity map; d. Site Plan; e. Copy of this pre-app form; f. Proof of ownership (from a title company or attorney licensed in the Smte of Colorado); g. Copy of Resolution 95-116. 11. Application fee and the agreement to pay form (2 copies) shall be submitted with complete application. This pre-application conference summazy 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 be required upon complete review of the application. TOTRL P.02 JUN-15-1998 15 04 +970 920 5439 95i P.02 Jul. 17. 1998 8.34~h4 No. 5923 19,P. 2/2L3~., P1 r F ~..., . .. ..., .,.ron.:.... SYSTEM PHONE N0. : . •, ~. ~.. r : ;~:; 11 ::.:.: ~"'* nCFL'rnNVPICKETT '~' 97Q ~'~ ' ^ E - i ,~.. ,,. J:83 ~'. 2, 2~ The .~,sigaRd, ?eier and Barbara YodoF,neiag thG esnaezso~ t7~ prapattY described Sts Srhibit •A°, aLtacli9d hereto, hetaUy t.amspats to LhY OtibA'icsieA to PStklA Couaty '"-~+"++CY Devolepmebt, by M.Y,Lyaa aiolcett i AleieBitt, P_C., an agylicetion far s.aai pxtesoioa of vested Lt;,ght"~ oz the subject gropcrty. I£cecuted ti:is IlO day of Ssuy, 1l9H, 9eter Fodor ~ ~"n. - -.. ~RS~ 7`~7~'L arbara Aador r,~°r.°m\rne°oc.°ea TOTAL P-~ JUL-1?-1998 08=38 970 925 1090 95i P.02 JUL. 11. 1998 3: iSPM PITKIN COUNTY TITLE N0. 2099 P. 2 '~"' ` EXHIBIT A Parcel 49 of the Sopris Mountain Ranch, being part. of the $ 1/2 of the NW 1/4 and the SW l/4 of Section 34, Township 8 south, Range 87 West of the 6th Principal Meridian, Pitkin County, Colorado, and being more particularity desribed as follower Beginning at a point whence the northeast corner of Section 34 bears N 48°10'25" E 3462.43 feet; thence S 52°28' W 2160.00 feet; thence N 54°12' W 787.34 feet; thence N 40°38' E 533.79 feet; thence 441.42 feet along a curve to the_rght having a radius. of 500.00 feet; thence 303.10. feet along a curve to the _1 eft .having a radius of 500.00 feet; thence N 56°29' E 305.00 feet; thence 214.50 feet along a curve to the 7.eft having a radius of 600.00 feet; thence 524..47 feet along a curve to the right having a radius of 600.00 feet; thence N 86°OS' E 157",00 feet,; thence S 39°55' E 495.00 feet to the point of beginning: JUL-17-1998 15 22 970 925 6527 97% P.02 FNT ,, 1 2 Effective Date: 06/02/98 at 08:30 A.M., Policy or Policies to be issued: (a) ALTA Owner's Policy-Form. 1992 Proposed Insured: HAROLD J. KLOOSTERMAN (b) ALTA Loan Policy-Form 1992 Proposed Insured: Case No. PCT13094 Amount$ 600,000.00 Premium$ 772.00 Rate:STANDARD Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate„or interest in the Lana aescribea or referred to in this Commitment is at the effective date hereof _., ,., ..... , ..~ ~ . a ... vested in: PETER FODOR and BARBARA LOWS 4. The land referred to in this,.Commitment is situated in the County of PITKIN, State of COLORADO and is~descrbed as~~o~lows ~"~"'~~ See.Attached„Exhibit "A". PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 8.1611 970-925-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. n,~ ~ , fib.. _ ~ ~,. -1,~ iR S 4r u, ~ i ~£ . - ./ ~ ~S%. i ~ ~.\~'.sa yr rsj ~i,, . ~~Aa"' ~ ~1 ~ ! r I ( ~~ ~ ! i ~ t1a4 jr '. a N 1 n •r L ~ 3 ~ `~ ~ _xq r,~ ~k1,. yN r'i . K a m..a<u..~, w _, . > , ~. y~\II1 Y I ` eI ~ G , ~ ~~; , ,, , eY !ter /~ ~ _7 ~,, e ~ ~ l I Y $ ~Ilit'i,, ; . ~ ~; ..; ;. 'Sa G l13 , r .2r . .. 0~9 p C e a, X I i ,~ • ^s ~ ~ i s~ slllll ~ ~~~,. 1 1 ~~, ,+ ~ .~. c YYyy 4 aka ~, ' g II ~ ~ ~ ~ a .. ~ Y ` `~1 ae R i Gi v L!!~"~' .. v - "~ ~ ~ ~ f ~ ~ N >- n ~ U ~ 11 ~ . i .. ~ eb M1 U ~ ~ .r ~A M C " YI~ n gg Pa. ~ o y ~` ~ 3 ~: ~~, d N nY < ~1 ~~ ~t~ VI f..~ gp / _ ~ °xxi, 4~ M w 3 ~ ^\ L`°$~ ~d ~' r'» ~ M1~ ~3 tlCl 1. ~ to "'- ~ ~ ) ~~ "~~ 3 ~ 1{~~_~. _. ~. ~ C~ i '2 ~ i \~ ~ ~ ~ ~_~ ` ~Y a a~ 3 " ~~. _ ... _, " - -- 1 _. j z.f ~ ,' ~~~~~' ~.~~^",~ PITKiN COUNTY (hereinafter COUNTY) and HAROLD J. KLOOSTERMAN (hereinafter APPLICANT) AGREE A$ FOLLOWS: _ 1. APPLICANT has submit Extension of Vested Rights, Lot 49 t to COUNTY an application for opris Mountain Ranch .: ;. ~.., (hereinafter, THE PROJECT). 2. APPLICANT understands and. agrees that. Pitkin County Resolution No. 96-52 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination. of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full. extent of the costs involved _in ,processing the .application. APPLICANT and COUNTY further agree that it is in the interest of the parties to all APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed. to APPLICANT, on a monthly basis. APPLICANT agrees he will. be benefited by retaining greater cash liquidity and will make additional. payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. COUNTY and APPLICANT. fiuthe;.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 snake legally required findings for project approval, unless current billings are paid in full prior to decision. ~~ FEB-13-1998 11 32 +970 920 5439 96i P. 03 x :.. _. d :, ~ ' .: 5. Therefore, APPLICANT agrees Shat in consideration of the COUNZ'X's waiver of its right to collect full fees. prior to a deternvnation of application completeness, APPLICANT shall pay an initial deposit in the amount of $1,,.3ao, oo which is for hours o£ Planning staff time, and if actual. recorded costs exceed the initial deposit, `APPI.1'CANT shall pay additional monthly billings to COUNTY to reimburse the COUNTX .for the processing of the application mentioned ,above, including post approval review. Such periodic payments shall be madewithin 30 days of the billing date. APPLICANT futther agrees that failure to pay such accrued. costs shall be grounds for suspension of processing. . PITI~N COUNTY` APPLICANT Harold J. Kloosterman Cindy Houbea P ' Na Community Development Director. i afar Date: `f//~/~~ Mailing Address: PO Box 6S 11767 Marquette New Buffalo,MI 49117 ' g:lsnppot'tlformslagrpay.doc sios~~ FFR-13-1998 11 aJ +97R 97R 549 96i P. Rd KARIN C GUSTAfSdN ERIC? GROSS*° Tamara P *~r<cAam„<e,,,rAi~f.^q PitkiriCo "aiFO ndmnhd nMossncA*mns l36 Saud Aspen; C' R Dear-Tani rieaee ac;c;cyt uu~ r~yyuca~LVU Lvi Luc cn ~ci2~ivir ~> vca~cu yavyc2 ~y iir~iiw . n*p^, ort« ,.4„- < for,the applicants.Peter and Barbara Fodor, the owziers ofLot 49, `Sopns 1C%Tou"main ' ~n ~ t ~ Appficarioriis subm~fted pursuant to Prtkm County T;and Use Code Tlus Ranch DiNC, TNr ENED~cT eu [ ~ , ns 4 140, ~ 50 and'~""d`0 Thy subject parcel was grantedl0~l T-Tazai~d Sectio 1280 UTE AVENUE, SUITE f "" ""`^ ^ ^'"^" "'. _*' ^'~'>°^"" proval by the Pitkin County Board of County Commissioners~m 1395'" "~""`~`~~" "-` Review A ASPEN CO 9161 I p ~ ~ ~ ~ ~ ~ ~ _ ~ J pursuant to Resolution 95,-IT'6. (1 970 925 2211 .;' _' 9 ~ .'.- --< '. ,i. _. ._~ i„ .. The applicant wishes to preserve the;right to construct a detached '° 925 2°'2 j°' Caretaker .Dwelling t7mt`(CDLn within the building envelope and requests ~~~i mPw~atp=^I~w~^~ _ .~ n... .. ~. ,. appro=teal ofthe CDLt in"this application. • sr.~.,,n,,,~ v,uds~ a~;=e 'Enclosed are, twelve copies'of the complete AppJieation and a check for nNDERSON RANG-r $1,380.60 representing the depositamount requested in the pre appficatlon ' conference summary. The~follovv~ng is a lis"t`bf included attacYirnents "~~~~` e ` ` ` 573I OWL CREEKROAD Rosr oEErcE eox a,sr 1. List of adjacent property owners with stamped and addressed '' Ot c ..,w_. ... ~:.U_ ._. . , ~. .~ ., envelopesforeacl'i:`. sN w~rASSVILra ECO9ibrs ,~~s~o 923 zz ~ ~ ~ 2. ~ Check for $1;380.60 ~ .; ._ ~ ~ : . _ fux~~704230760 ': >: . ,c ~. ~.. ., ~g ~ 3:~ ~ ~ `Consent f~ottii froiri the owners to process application. s Iaw<^m mpw ~ n^ e o, 4. Legal description, parcel description and vicinity map. . r~,bo.aui~ ofp,<r ssor~atN srReET; srnre 2,0. - ~ `' `5.Site Plan.' - GARUONDALE CO `Bt 623 °" "' ' dd 9]0963666 ,d. .. .. ..- e. r i. ~. fnx'.970963 6667.: ~ _ ,. ..= „. v .. .. .. _ . >:; .. ......,.. _ ,-, _:: ._.. .. e~.~.,M emmT.mpwe(.`eda[e15w coin ~- - - ~d7S00aM IGI ~n CUf~OM4 a ' ~. . n,rn, oJf:e Ex THFBFSIFDICT RIAiDINC `~"~" ~°~~ A. In rev aso urE AvF'NUF `suite i property rights, tfie~E pSPkN CO st6u criteria: . lel 970 9T5 2111 . ..~- " °' 1. The t x 970 91s 1aa1 performance prioY to e,.o9~moweo*asv~~law.=om Vested rights;` ~ ' . s«o,,,m~rs r,,nu~e ojpi« Respz H COndZ1ZOnS and the fI ANDERSON RANC 5f 310WL~CREER RbAD" ~ 2 'Thep a with respect to any` i'of said conditions. ` i ect to date iKCludiriQ the Asneu The Benedict Building 1280 Ute Avenne #1 Aspen, 0081611 Telephone: (970) 925-221.1 Facsimile: (970} 9ZS2A42 Snowmass Village 513Y Owl Creek Road Snowmass '4rillage, 00 81615 Telephoa&::(970} 923-2211' Facsimile: (970) 923-D76D l+'ACSIMiLE COVI~Jt SHEET Date: (7¢tober 20,1998... Fax No: 9211-5439 _,_,- .. _ _.~ r .~. ~..m.. ~,.__, .:.~_ , .. _x ~ ,, Tll: Tamara Pregl FRAM: Eric Gross RE: Fodor Minor Deyelopment.Amendment I]()CXTMENTS TRANSMITTED: MESSAGE• T4TAx. N[JMSER OF PAGES including this cover sheet : itY Thfe wmmmiwl'um iL ialGlded 94h'1,{' LaY the 11eC u(ehu peraVae nyned almYe arelker9 a11Lhm1tiPtd la RLfAiR lL Thb cewmYaiwdnn muy rix'7c}~gnwt wnfxlrsaL iolaeautloa and any uea, dfeaeminatioa ur rgira.lm:ana ay uiMUdLartaed personabahealuhiY Dtad."61hai. Ryitiu hs,+e thin rammaoisalion in erraYp p@ace tiedfyihe ender itdmedintely- OCT-20-1998 1606 TlMCTM1IY hu:fLYFIf: 11A¢CFIZ C. PIIXEYT ' TIhN]niY R. LPHIT57'1Z' MARIn L. C.LSCATSJN d.aM,~l]:. l'I m ItFNCflICf BUAJ]II'FC~ I1wu USE ,tveuuE. sur]a 1 AyrF:K Ct] 81511 td GfA.le51]v 1 Gx 9iU 975 Rdas evi mcxl+~uP\'daw.eem Sgyrylhi 4'lfiodra((.'a ANI}F.1t5I]Fi AAnCFi slli OWI. QEEK xOAU 1Ya$T f)tilt:E Anx 41TJ $niL]'mhIASS 1+ISIJICE C9 41513 t:i 9TA92n ]211 1:~Y 97592307AO .ur8 ~npweW~snowma,rlaa•.eom . 1aliaa,Gi, a(jtc. ~aa rdASn s]]teec, surre 21u Cs\IWd++'t]zt1 M A1M113 i~x 9311943 6457 cr,6t mpwawrxlnL•Iaw.rnM MCFLYhiNiP I C4~TT 970 923 0760 P.02i04 October 20, 143.8 Via p'acsirnie - 920-54,39... Tamara Pregl Pitkin County Conununity Development 130 Soiith Galena Sfreet ..Aspen, CG $1611 Re: Minor Amendment to Ilegelopment Permit _~_ Peter and Barbara Fodor/Lot,49, Soprls l4IOuntain Ranch Dear Tamara: Ples7se accept this Application for a Minor Amendment to Development Permit. the extension o£ vested property rights for the applicants Peter and Barbara Fodor, the owners of Lot 49, Sopris 1Vlountain Ranch. This Application is submitted pursuant to Pitkin County Land Use Code §3-200-0$0.7he subject parcel was granted (Q41 H"aiard 12eview Approval by the Pitkin Caunly Board of County Commissioners in 1995 pursuant to Resolution 95-11 fi. The. applicant wishes relocate the building envelope approximately 50 feet to the Southwest, Relevant Coda Sections Addressed: §3-200-0$0~ (A) The amendment must, be, a clarification or a technical eorrechon to a plat. Response: The 1041 Site Plan approved in the above refe;encgd,Resolution did not show that the actual roadway is witbiu the building envelope. Tbis condition was confinnzd during our October l6 site visit. (B) The amendment must not change the use of the proposed development between residential, commercial. and tourist accomrnodahon uses. Response: No change of use is requested (C) The amendment must be consistent with action taken during the review of the anginal development and does not Cgnstitute a new land use developmenf activity. Ggfnrt ~ A pia(anianel C rynntiau .. OCT-20-1998 16 ~ 07 MCFLYNNrP I C4~TT 970 923 0760 P. 03x04 ~_ Qctober 2U, 7948 raga 2 Response: Thg area to ttie, Southwest; which will be included in the new .. ,.M building envelope area, does not include any hazards or concerns which would create. any inconsistency with prior approvals. The relocated envelope will be identical in size and shape. (D) The pt•oposed activity does not: 1) Change the basic character of thg approved use land an which the activity occurs including basic visual appearance and method o£ operation; Response: There are nb changes to character of use. 2} Tnc7easc off-site impacts in the surrounding neighborhood; Response:. No increase in impact viii remit. 3) Endanger the public. health , saflrty or welfare; .Response: There will he na negative impacts to the public health ,safety or welfare. 4} Violate any Land T3se Code Standard; Response: No Land Usc Code Standards will be violated by this Mizaor Amendment.... 5) Substantially increase the need for on-site parking or utilities, or affect affordable housing gcn~ation; and Response: The amendment will not increase needs far parking and utilities and no affordable housingissues exist. 6) lncrease the floor area of the use by mare than: two percent oT decrease the........ open space on the site by more than three per cent. Response: Na increase of floor area is rer(uested and open space will remain the same as the envelope will not be nxcreased in slue. _. ~mx e ~,~ ~~, ~ . 0CT-20-1998 Y6~0? MCFLYNNrP2C4~TT 970 923 0769 P.04r04 October ~(?,1998 Page 3 Twill send you the neiN survey wozk as soon as it is availaltle. Please contact. me if you have any questions regarding this Application. 'T'hank you. Sincere]y, McF1.7tA1N PICKETT & WHITSITT, P.C. By: Eric J Gross E.TG1pa1 KlaastcrmanlPxeS~PPIicLtr3 ~ ~ AFFIDAVIT STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The undersigned Eric J. Gross certifies that on the 12~' day of October, 1998, I have placed a Public Notice, shown on the attached Exhibit "A" ,on the property described as: Sopris Mountain Ranch, Lot 49, Pitkin County, Colorado Eric J. Gr s The foregoing AFFIDAVIT was subscribed and sworn to before me this 23`d day of October,1998, by Eric J. Gross. PUBLIC NOTICE RE: FODOR EXTENSION OF VESTED RIGHTS AND CARETAKER DWELLING i7NIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, October 28, .1998 at a regulaz meeting to begin at 3:00 PM before the Board of County Commissioners, Plaza One Conference Room, 530 E. Main St, Aspen to consider an application submitted by Peter and Barbara Fodor ,requesting approval of an extensiori of vested rights and Caretaker Dwelling Unit. The property is described as Pazce149 of the Sopris MountainRanch, being part of the S 1/2 of the NW 1/4 and the SW 1/4 of Secfion 34, Township 8 south, Range 87 West of the 6th PM. For further information contact Tamara Pregl at the Aspen/Pitkin Community Development Department (970) 920-5103. Copies of the proposed Resolution are available for public inspection during regulaz business hours in the Office of the Clerk and Recorder, 530 East Main Street, Aspen, Colorado 81611. Phone (970) 920-5180. Jeanette Jones, Deputy County Clerk s/Dorot_~m~ Chair Boazd of County Cormnissioners Published in the Aspen Times on September 25, 1998 Prtktn County Account 002.02 ~_ ~. CERTIFICATE OF MAILING RE: FODOR EXTENSION OF VESTED RIGHTS AND CARETAKER DWELLING UNIT I hereby certify that on this 22th day of September,1998, atrue and correct. copy of the attached Notice of Public Hearing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the case named on the Public Notice. By:__ Ten1eLTaylor Administrative Assistant ~"^d EISENBEISS LIFSL M P 77 MERCER ST - SN NEW YORK, NY tOD1Z ! : r, ROSE MARY E 6170 S JAMAICA CT ENGLEWOOD CO 80111" MCGUCKINIAMES T PO BOX SZ378. . ALB[JQUEI;QUE, N1v18~198-2578' FOLEY LISA 2 LOCKWOOD DR _ OLD GREENWICH; CT 06870 BRUMDER CHItIS7TNA E PO B07C 462 ASPEN, C0 81612 HOGAN LINDA C/0 MICHAEL LESTER 1990 WES'IwOOD BLYD STE„200 LOSANGELES. 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