HomeMy WebLinkAboutpitkin.planning.264527201001 (2007)
DOCUMENT LAYOUT
THIS FILE MAYOR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COWRADO, APPROVING THE WlDDDON REQUEST FOR A REINSTATEMENT OF
VESTED RIGHTS
Resolution No.r.J1l-2007
RECITALS
1. Tom and Denise Whiddon (" Applicants"), have applied to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC") pursuant to Section 2-20- I 70( d) of
the Pitkin County Land Use Code ("Code"), for a reinstatement of vested rights for Hearing
Officer Determination No. 20-2004. -
2. The property is Lot 21, Shield 0' Terraces, and is more specifically described in Exhibit A.
3. The property is zoned RS-30 PUD, and contains 4.005 acres.
4. The Hearing Officer denied the request for 104] hazard review approval for this property on
January 27, 2004, finding that the property had merged with Lot 20. The Hearing Officer's
denial was appealed to the BOCC, where the BOCC denied the appeal, and granted a
subdivision exemption to divide Lots 20 and 21, and grant a development right to Lot 21
pursuant to BOCC Resolution No. 70-2004. A 1041 hazard review was then resubmitted to
the Hearing Officer, which was approved pursuant to Determination No. 20-2004.
5. The BOCC heard this application at a public meeting on July 1],2007, at which time
evidence and testimony were presented with respect to this application.
6. The BOCC finds that the request for a reinstatement ofvested rights complies with
Standards of the Code.
NOW, mERE FORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that they hereby approve the Whiddon request for a reinstatement of vested rights
subject to the following conditions, which shall run with the land and be binding on all successors
in interest.
1. The Applicant shall be subject to the 2006 Pitkin County Land Use Code, as amended, in
effect as of the date of this approval.
2. The Applicant shall comply with Hearing Officer Determination No. 20-2004.
3. Housing, road and other applicable impact fees shall be calculated at time of
building permit.
4. 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-]70 and C.R.S., ~ 24-68-105. The statutory
vested rights granted herein shall expire on July 11,2010.
RECEPTION#: 540387, 07127/2007 at
11:11:41 AM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
~ ~ O{.I- "')..()o(
PUBLISHED AFTER ADOPTION OR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Week Iv on the~-6(.day of, nr.uJ,2007.
- - - 0
APPROVED on the I lth day of July, 2007.
A TrEST:
APPROVED AS TO FORM:
~.
~ John Ely,
County Attorney
PID# 264527201001
P060-07
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, C ORADO
T-
By
ichael Owsley
Chair
Date 1/zL7 W 7
{ I
APPROVED AS TO CONTENT:
~... (U ~"'
mdy Houben,
Community Development Director
o
o
EXHIBIT A
A TRACT OP LAND SITUATED IN THE SOUTHEAST 1/4 SOUTHWEST 1/4 AND LOT 3 OF
SECTION 22, ALSO IN LOT 15 or SECTION 27, ALL IN TOWNSHIP' SOUTH, RANGE 86
WEST OF THE SIXTH PRINCIPAL MERIDIAN ~YING WESTER~Y or THE CENTERLINE OF A 60
FOOT ROADKAY, SAID TRACT BIING DESCRIBED AS FOLLOWS I
BEGINNING AT A POrNT WHENCK THE RE-LOCATED 1/4 CORNER, BEING THE SOUTH 1/4
CORNER OF SAID SECTION 22 BEARS NORTH 60 DEGREES 14' 28" EAST 594.65 FEETi
THENCE NORTH 25 DEGREES 00' 00. EAST 644.00 FEET;
THENCE SOUTH 63 DEGREES 281 25N EAST 314.55 FEET TO A POINT IN THE CENTER OF
SAID 60 FOOT ROADWAY;
THIi:NCE SOUTH 13 DEGREES 011 0011 WEST 31.36 FSET ALONG THE CENTER LINE OF SAID
ROADWAY;
THENCE SOUTH 22 DEGREES 14' 00" WEST 126.94
ROADWAY;
THENCE SOUTH 25 DEGREES 001 DON WEST
ROADWAY;
THENCE SOUTH
THENCE SOUTH
THENCE SOUTH
FEET ALONG THE CENTER LINE OF SAID
187.00 PEET ALONG THE CENTER LINE OF SAID
60 DEGREES 401 00. WEST 53.00 FEET,
49 DEGRBES 331 03N WEST 132.23 FEET;
87 DEGREES 05' 00. WEST 273.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
. J
000008
MEMORANDUM
TO:
Board of County Commissioners
Regular Meeting - July 11,2'0'07
Cindy Ho~~munity Development Director
THRU:
FROM:
Ezra Louthis, Planner
RE:
Whiddon Reinstatement ofV~sted Rights
SUMMARY OF REQUEST: The Applicantirequests a reinstatement of vested rights for this
property located in Shield 0' Terraces pursuant to Section 2-2'0-17'0( d).
APPLICANT: Tom and Denise Whiddon
REPRESENTATIVE: Alan Richman
LOCATION: Lot 21, Shield 0' Terraces
,
I
ZONING/LOT SIZE: The property is zoned!RS-3'0 PUD and is 4.'0'05 acres.
I
BACKGROUND: On March 24, 2'0'04, the BpCC heard an appeal filed by Mr. and Mrs.
Whiddon of the January 27, 2'0'04, decision by the Pitkin County Hearing Officer to deny the
Whiddon 1 '041 Hazard Review and Conceptual Submission because the parcel had merged with
the adjacent parcel. The BOCC heard the application and determined that the appeal was not
possible under Pitkin County Land Use Code Section 3-3'0'0-12'0(D), because the Hearing
Officer's decision was neither "discretionary" nor w~ there an error made. The BOCC
subsequently denied the appeal.
The BOCC heard further testimony from the Whiddons' and their associates regarding the merger
issue, including, but not limited to Mr. and Mrs. Whiddon, their realtor, Mr. and Mrs. Andrews
(previous owners under which the property merged) and the Whiddons' attorneys. Mr. Andrews
was unaware of the merger provisions in the PtLUC at the time he purchased Lot 21, Shield-O-
Terraces, the parcel neighboring his residence t the time. Mr. Andrews then unknowingly sold
Lot 21 to the Whiddons, who also were unawa e of the merger provisions in the Code.
The Applicant's attorneys then informed the BOCC that the Board had the power to exempt the
parcels from subdivision based on C.R.S.3'0-2~-I'0l(I'0)d which permits the Board by resolution
to exempt from the definition of "subdivision" lany division ofland if the Board determines that
I
subdivision is not within the purposes of the st,tute. The BOCC has never utilized the statute for
this type of action.
,
I
The BOCC then voted to deny the appeal becm)lse it was not possible under Pitkin County Land
Use Code Section 3-3'0'0-12'0(D), because the I1earing Officer's decision was neither
"discretionary" nor was there an error made, and approve the subdivision exemption to subdivide
Lots 2'0 and 21, and make Lot 21 developable based on C.R.S 30-28-l'0l(10)d and the unique
circumstances of the parcel pursuant to BOCC Resolution No. '07'0-2'0'04. The Applicants then
resubmitted for the 1 '041 Review to the Hearing Officer. The Hearing Officer then approved the
1 '041 Hazard Review pursuant to Determination No. 2'0-2'0'04. The vested rights for the approval
expired on June 15,2'0'07.
000001 of' 5
Page 2
REFERRAL COMMENTS: The Shield 0' Terraces HOA was notified of the application, but
no comments were received.
STAFF COMMENTS:
EXTENSION OR REINSTATEMENT OF VESTED RIGHTS (Section 2-20-170.d):
The BOCC shall consider, but not be limited to, the following criteria in reviewing a request for
an extension of vested property rights:
A. The applicant's compliance with any conditions requiring peiformance prior to the date
of application for extension or reinstatfment of vested rights.
I
Response: The Hearing Officer Determinatio~ does not specify that any conditions be met at any
date certain, and the approvals do not require prrformance until building permits are submitted.
B. The progress made in pursuing the project to date, including the effort to obtain any
other permits, such as building permits, and the expenditures made by the applicant in
pursuing the projecl.
Response: As described in the application, th1. Applicants have constructed a driveway to the
building envelope. The construction of the dri eway required that the Applicants obtain a
variance from the Board of Adjustment (obtain d in November of 2006), and an access permit
(issued in January of 2007). No other permits ave been obtained.
c.
The nature and extent of any benefits a~ready received by the County as a result of
project approval, such as impact fees o~ land dedications.
Response: No benefits have been received by the County by virtue of the 1041 approval or
driveway construction. Affordable housing and road impact fees will be paid at issuance of a
building permit.
D. The needs of the County and the applicCfnt that would be served by approval of the
extension or reinstatement request.
Response: The reinstatement request serves no needs of the County, and would simply grant the
Applicant the right to avoid further review.
,
RECOMMENDATION: Staff recommends t~at the Board make a motion to deny the Whiddon
request for reinstatement of vested rights. I
A TT ACHMENTS:
A. Draft Resolution
B. Hearing Officer Determination No. 20-2004
000002:
EXHIBIT #4
5.
11111111"" "11111 II ~~:!;1 ;2"3P
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
DETERMINATION OF THE HEARING OfFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE WHIDDON 1041
HAZARD REVIEW
1.
Determin~tion No;W.-2004
JCITALS
I
Jolm and Denise Whiddon (hereafter "AP1Iicants") have applied to the Pitkin County Hearing
Officer (hereafter "Hearing Officer") for *4 I Hazard Review approval to establish a building
2.
envelope and access envelope for the construction of a single-family residence.
The property is Lot 21, Shield-O- Terrace~, and is more specifically described as Exhibit "A".
The property is zoned RS-30 PUD and con~ains 4.005 acres.
I
The Hearing Officer heard this apPlicatiot at a public hearing on January 27, 2004, at which time
evidence and testimony were presented wjth respect to this application. The Hearing Officer
I
found at that time that because the prope1 was in the same ownership with the owner of Lot 20,
Shield-O Terraces, for a period of approxi~atelY 3 years, the property is then merged and could not
i
"*
~
""
~
~
a
..s:
i/J
~
;g
s
3.
4.
be developed.
Subsequently, the Applicants appealed to the Board of County Commissioners ("BOCC"), at which
time the BOCC denied the appeal and granttd a Subdivision Exemption to divide Lots 20 and 21,
and grant a development right to Lot 21 pur uant to BOCC Resolution No. 70-2004.
1
~
6. Subsequently the Hearing Officer heard the 1104 I application at a public hearing on June 15,2004,
I
at which time evidence and testimony were resented with respect to this application.
7 - The Hearing Officer finds that the proposal s in compliance with the applicable Standards of the
Pitkin County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is
hereby granted to the Whiddon 1041 Hazard Review!subject to the following conditions, which shall run
with the land and be binding on all successors in interest:
000003
0000l~
" " "" , 'III/I '''I '" '" ~~~~~~1;, '"
SILVIA ORVIS PITKIN COUNTY CO R 0.00 0 0 _ 00
e
11111111 1111 m""", ~~:~~:;~ ~2l3P
SILVIA DAVIS PITKIN COUNTY CO R 0.00
o 0.00
Hearing Officer Determination No.ZO -2004
Page 2
1.
I
I
I ,
The Applicants shall adhere to all conditions and material representations made in the application
and public meetings except as amended h~rein.
2. Prior to submittal for any building permits the Applicants shall record a 24 X 36 inch mylar 1041
Hazard Review Site Plan in accordance w th Sections 5-70-040 ofthe Land Use Code. A building
envelope shall be depicted on the site plan encompassing all proposed development. Community
Development shall approve the site plan p ior to recordation.
3. The Applicants shall comply with the foll wing landscaping and wildfire defensible space
mitigation standards as can be accomplish d within the boundaries of the property:
A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetation shall be reduced to bre k up the vertical and horizontal continuity of the fuels a
minimum of a 70 foot perimeter a und the structure.
C. Spacing between clumps of brush nd vegetation within the 30 foot perimeters shall be a
minimum ofthree times the height of the fuel. Maximum diameter of the clumps shall be
two times 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 ithin the 30 foot perimeter shall be pruned to a height
of 10 feet above the ground and la der fuels from around trees and brush shall be removed.
E. Tree crown separation within the 3 foot perimeters shall have a minimum of 20 feet
between the edges of the crowns, e cept for Aspen trees. However, no Aspen trees may be
withinl0 feet of proposed tree stru tures. New or installed coniferous trees may not be
within 20 feet (as measured from t e edge ofthe crown) of proposed structures.
F. All branches which extend over th roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be remo ed.
G. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
H. From the 30 foot perimeter around he house, out to the 70 foot perimeter, brush and shrubs
shall be thinned to 2 times the heigl t of the fuels. For sagebrush, thin stands to 4 times the
height of the fuel.
I. All thinned oak brush, serviceberry or chokecherry stumps must be painted with Garlon@
(or equivalent) herbicide to prevent aggressive re-sprouting.
J. All deadfall within the 100 foot per meter shall be removed.
K. The applicant shall be responsible fi r the continued maintenance of the defensible space
vegetation requirements. i
4. The Applicants shall comply with the folio ing additional wildfire mitigation standards:
A.
Roofing:
I. Roofing: New roofs shall h ve a class A roof covering and a class A assembly
roof system. Wood shake/s ingle roof coverings and flat roofs (up to a 3: 12) pitch
are prohibited unless they c mply with the following:
i) All roof coverings shall be Ion-combustible Class A materials as defined in the
Uniform Building Code (UBC) 1997 Section 1504 (wood shake/shingle roof
coverings are prohibited) an~ installed on a Class A roof assembly.
ii) All roof coverings shall havr' a surface that shall facilitate the natural process of
clearing the roof.
111111 II I I III '" """ 499721
SILVIA DAVIS PITKIN COUNTY CO
Page: 2 of 7
07/16/2004 10:12A
R 0.00 0 0.00
000004
00001:
e
Hearing Officer Detennination No.22.-2004
Page 3
H.
I.
J.
K.
L.
M.'
N.
o.
P.
Q.
I
iii) All roof designs shall facIlitate' the natural process of clearing roof debris.
Protrusions above the roqfline, such as parapets, shall be prohibited.
iv) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1 :48. I
v) All roof designs, coverin s or equivalent assemblies shall be specifically approved
by the Basalt Fire Marsh II prior to submittal of a building permit application.
vi) Vents shall be screened ith corrosive resistant wire mesh with mesh 1;4 inch
maxImum.
Vegetation within the 10-foot peri eter shall be maintained to a height not more than six
inches, or if ornamental, shall be i igated and kept free of dead materials.
Roofs and gutters shall be kept cle r of debris.
Yards shall be kept clear of alllitt r, slash, and flammable debris.
All flammable materials shall be s ored on a parallel contour a minimum of 15 feet away
from any structure.
Weeds and grasses within the 10 Ii ot perimeter shall be maintained to a height not more
than 6 inches.
Firewood/wood piles shall be stac ed on a parallel contour a minimum of 15 feet away
from the structure.
Swinuning pools shall be accessibl to Fire Department vehicles.
Fences shall be kept clear of brush nd debris.
Wood fences shall not connect to tl e structure.
Any outbuildings or additional stru tures shall adhere to the same standards as structures.
Fuel tanks shall be installed under ound with an approved container.
Propane tanks shall be installed acc rding to NFP A 48 standards and on a contour away
from the structure with standard de ensible space vegetation mitigation around any above-
ground tank. Any wood enclosure round the tank shall be constructed with materials
approved for 2 hour fire-resistive c nstruction on the exterior side of the walls.
Each structure shall have a minimUl of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible 10 ation.
Addresses shall be clearly marked ith 2 inch non-combustible letters and shall be visible
and installed on a non-combustible ost.
New utility lines shall be buried.
Access:
1. Thin shrubs (oak, chokech rry, serviceberry) to 3 times height along the
driveway. No shrubs or co fers are allowed within 10' of the driveway. Aspen
trees are permitted within 10 feet of the driveway, but must be pruned to 10'
above the ground. Sagebru h must be thinned to 4 times height, and may not be
within 10' of other larger s rubs.
Low vegetation shall be ke t mowed to less than 6" within 10' on either side of
driveway.
A turnaround pad shall hav a minimum of35' drivable surface inside turning
radius at end of driveway.
Driveway shall enter the ro dway at a ninety-degree angle for the first 25' of the
driveway.
B.
C.
D.
E.
F.
G.
2.
3.
4.
111111111111111111 1111111111"'1111111 11111 11111111 ~~:~1~1; 2 . 13'
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 .
5. No development, including grading, excavat'on, fill placement, berming, landscaping, entry or
ranch gates, and vegetation.removal or distu bance shall Occur outside of the approved building
[and/or] development/access envelope exce t for access and wildfire mitigation. Construction,
000005
0000l~
II , II '" "" 111'11 11111I111
499721
Page: 3 of 7
07/16/2004 10:12A
R 0.00 0 0.00
SILVIA DAVIS PITKIN COUNTY CO
e
II " "" "'" IIml "" ~~~~::: ~2l3P
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
Hearing Officer Determination No.ZQ.. -2004
Page 4
staging, parking, utility and driveway ex*nsion and maintenance shall occur within approved
building, or access driveway. No constnlction staging shall occur on Shield-O Road. The
primary building envelope's northwester(l border shall be no closer than 275' from the southeast
comer of the existing neighbor's house I cated on Lot 43 of Shield-O- Terraces.
6. The Applicants shall comply with the mi igation standards for development on steep slopes
(15%-45%):
A. Adequate mechanical support sh II be provided for cut slopes.
B. Adding water, which may decrea e slope stability, shall be avoided.
C. Adding weight to the top of the s ope shall be avoided.
D. Disturbed slopes must be contou ed so that they can be revegetated.
E. Steepening of existing slopes sha I be avoided.
F. Confine cuts, fills grading and ex avation to the minimum area needed or construction.
7. The Applicants shall obtain an access pe nit from the County Engineer prior to commencement
of construction for the driveway. Prior t the issuance of the access permit, the Applicants shall
provide an engineered plan for the retaini g wall for review and approval by the County
Engineer and Community Development. he access shall comply with the standards set forth in
the Pitkin County Assets Management PI n.
8. Prior to submission of any new building p rmits for new development, the Applicants shall submit a
mitigation report from an engineer or geol gist licensed in the State of Colorado. The report shall
demonstrate that the site can be engineere in such a way that there is no hazard posed, and shall
show the area of disturbed slopes, any re- ading required and the size and location of all mitigation
devices. Any new development shall be c nditioned upon compliance with the report.
9. Prior to application for building permit th~ applicant shall provide for review to the County
Engineer a trip generation and constructio 1 trip generation study for any free market residential
structure exceeding 5,000 square feet. A t affic-engineering consultant hired by the applicant and
pre-approved by the County Engineer sha I develop this study.
10. Pursuant to Ordinance No. 022-2000, the pplicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
11. Prior to commencement of any earthmoviI g or construction activity, the Applicants shall stake
the comers of the building envelope and i stall construction fencing around the perimeter of the
building envelope. The fencing shall rem in in place until issuance of Certificate of Occupancy.
No vegetation shall be damaged or remov d outside the building envelope.
12. A Drainage and Erosion Control Plan shal be submitted by the Applicant and approved by the
County Engineer prior to building permit ubmission.
13. Any areas disturbed outside the building e 1Ve]ope must be revegetated with native vegetation
according to a revegetation plan submittedl by the Applicant and approved by the County prior to
issuance of a Certificate of Occupancy. :
000006
0000l~!
" " "" II "II" II "" ~~:~~~:: ;0120
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
11111111 1111I1111111 ~~~~~:: ~2 13P
Hearing Officer Determination No. t.Q2004 SILVI~ D~VIS PITKIN COUNTY CO R 0.00 0 0.00
Page 5 i
14. The Applicant shall comply with the 200 ~ Wildlife Protection Ordinance No. 0 I 0-200 I for waste
storage. Compliance with the condition shall be verified by the Pitkin County Wildlife Biologist
prior to issuance of a certificate of occup~ncy.
I
I
e
IS. Fencing outside the building envelope mu t comply with ~3-80-080(A)( I 0) and ~3-80-
080(A)(lI) of the Land Use Code.
16. Floor area shall be limited to 5,750 squar feet exempt from growth management.
17. Prior to submission of a building permit, t le Applicant shall satisfy the Shield 0' Terraces Home
Owner's Association with regard to road ssessments.
18. The Applicant shall not plow snow onto S lield-O Road, or store snow within the Shield-O Road
right-of-way.
19. The Applicant shall provide a landscape p an for review and approval by Community
Development. The plan shall depict how t le applicant will mitigate headlight impacts on the
neighboring parcel (Lot 43), provided that it is understood that the applicant's ability to plant
new vegetation is limited by the wildfire 11itigation requirements set forth in paragraph Number
4 of this Determination.
20. The allowed uses for the separate "accesso y development envelope" located in the northwest
corner ofthe parcel shall be limited to Ian scaping, grading, septic systems, sub-grade water
tanks and access. Above grade improvem nts are prohibited.
21. The Applicant shall not raise the existing g ade within the building envelope for development of
the primary residence or other structures.
22. The Applicant shall provide an onsite wate tank for fire mitigation, as required by the Basalt
Fire District.
23. Statutory vested rights for the approval COI tained herein are granted pursuant to the Pitkin
County Land Use Code and Colorado Statu es, subject to the exceptions set fOl1h in Pitkin
County Land Use Code, ~ 4-140 and C.R.S , ~ 24-68-105. The statutory vested rights granted
herein shall expire on June 15,2007.
PUBLISHED AFTER ADOPTION FOR VESTE REAL PROPERTY RIGHTS IN THE ASPEN
TIMESWEEKLYON~\..oI LOI U04
I .
000007
111111 11111111111 11I11I111 11111 /111111111 II/II 11111111 ~~;~~~1:.. 12'
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 .
DODUlt,
e
11111111 1111I1111111 ~~~~~:1 ~2'3P
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
Hearing Officf;':r Detennination No.2Q.-2004
~~6 I
NOTICE OF THE PUBLIC HEARING PUBJrSHED IN THE ASPEN TIMES
WEEKLY ON THE'J,Sth DAY OF MAY 20041
APPROVED ON THE 15th DAY OF JUNE, 2 04.
ATTEST:
~~~l~
Janis Tayor, I
Administ tive Assistant
APPROVED AS TO FORM:
.~.
John~ly,
County Attomey
..2::.
Case #P 1 -03
PID# 264527201001
HEARlNG OFFICER OF PITKIN
CO~)Y, COLORADO _
?~~r-' a
~J{'mes R. True,
/// Hearing Officer
Date: (;, /2-5 /0 1.-1
I I '
APPROVED AS TO CONTENT:
~\,t\1j'--~\t
Cinoy ouben,
Community Development Director
,
11111111111 111111 11I11I111 11111 1111111111 11111 11111111 ~~;~~~1:. .,,,
SILVIA DA IS PITKIN COUNTY CO R 0.00 0 0.00 '
000008
000017
"..."
rlta<<- 'R~'
~
~~s~
g'~~ 3613 A~, ~ KI612
P~/7eu; (970)920-1125
~~.Het
April 25, 2007
Mr. Ezra Louthis, Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: WHIDDON EXTENSION OF VESTED RIGHTS
Dear Ezra,
This is an application requesting extension of the vested rights previously granted to Lot
21, Shield-Q Terraces Subdivision. The ParcellD# for this lot is 264527201001. A vicinity
map locating the lot within the subdivision is included within this application.
The application is being submitted by Tom and Denise Whiddon, the owners of the
property (hereinafter, "the applicants"). A legal description and proof of ownership of the
property is provided in the Warranty Deed, attached hereto as Exhibit #1. The applicants
are being represented by Alan Richman Planning Services for this application. A letter
from the applicants confirming this arrangement is attached as Exhibit #2.
You issued a pre-application conference summary form on April 6, 2007 (see Exhibit #3,
Pre-Application Conference Summary). In that document you indicated that the
development review procedure established by the Pitkin County Land Use Code to
accomplish this request is as follows:
Extension or Reinstatement of Vested Property Rights, pursuant to Section 2-20-170
(d) of the Land Use Code.
The following sections of this application identify the provisions of the Land Use Code
applicable to this procedure al1d provide responses to the applicable County standards.
First, however, a brief description of the previous approvals granted to the property and
an explanation of the purpose of the proposed reinstatement are presented below.
000001 or IE)
L~;DJ
Mr. Ezra Louthis
April 25, 2007
Page Two
Property Description
The subject property is 4.005 acres in size and is zoned RS-30, making it a
nonconforming sized lot of record. It is a nearly rectangular-shaped parcel of land that
abuts Shield-O Road.
The applicants purchased this lot in 2003 from Mr. Russell A. Andrews, who also owned
the immediately neighboring subdivision lot. The applicants then began the process of
preparing a 1041 application so they could develop a single-family house on the property.
That application was submitted in November, 2003, and was subject to review by the
Hearing Officer. The Hearing Officer reviewed the application at a public hearing on
January 27, 2004 and denied it. The sole reason for the denial was that the lot had
merged with Lot 20 when Mr. Andrews had owned both lots and therefore, it could not
be developed as a separate lot.
The Whiddons filed an appeal of this decision and on March 24, 2004 the Board of
County Commissioners conducted a public hearing on the appeal. Following the hearing,
the Board adopted Resolution 070-2004 which did the following:
1 . Affirmed the denial by the Hearing Officer;
2. Granted a subdivision exemption to the applicants to separate Lot ?1 from Lot 20
and recognize it as a separately developable lot; and
3. Remanded the application to the Hearing Officer for disposition of the 1041 issues.
The Hearing Officer considered the application at a public hearing held on June 15,2004.
Following the conclusion of the hearing, the Hearing Officer approved the Whiddon 1041
Hazard Review pursuant to Determination No. 20-2004 (see Exhibit #4). Vested rights
were granted for a three year period, to expire on June 15, 2007. Subsequently, the
applicant perfected the 1041 Hazard Review Site Plan for the property and submitted it
for recordation. The Site Plan is recorded in Plat Book 71 at Page 18 of the Pitkin County
Records.
Standards for Extension of Vested Rights
Section 2-20-170 (d) of the Land Use Code authorizes the Board to grant an extension
of vested property rights for a period of up to three (3) years. It states that the approved
development shall be required to conform to the terms and provisions of the Land Use
Code in effect at the time of extension. The applicants agree to comply with this
provision.
In deciding whether to grant. the extension, the Board is required to consider certain
criteria. Following are the applicants' responses to these criteria:
000002
,\., .". ""........."'....~""'"......''!'I'...,'
Mr. Ezra Louthis
April 25, 2007
Page Three
(a) Theapplicant's compliance with any conditions requiring performance prior to the
date of application for extension or reinstatement of vested rights.
Response: The applicants have reviewed the conditions listed in Determination 020-
2004. None of these conditions were required to be met by a date certain. Nevertheless,
Condition #2, requiring a site plan to be filed, was met in October, 2004. The applicants
have no objections to any of the other conditions of approval.
(b) The progress made in pursuing the project to date including the effort to obtain
any other permits, such as building permits, and the expenditures made by the
applicant in pursuing the project.
Response: During the original application process, the applicants represented that they
had purchased this property to build a house for themselves, and that the house would
be built once the applicants' children had gone off to college. Therefore, it was never the
applicants' intention to start work on the project immediately. However, more recently,
the applicants have made considerable progress in pursuing this project, as follows:
. The applicants applied to Pitkin County for a driveway permit on August 14, 2006.
. The applicants obtained approval of a variance from the Board of Adjustment in
November, 2006, due to the depth of the cut in the setback that was required to
install the new driveway.
. The driveway permit was issued by Pitkin County on January 8, 2007.
. The driveway was installed in March and April of 2007.
. The applicants submitted an application to the State Engineer for a well permit on
April 3, 2007. The applicants intend to install the well when the permit isreceived.
(c) The nature and extent of any benefits already received by the County as a result
of project approval such as impact fees or land dedications.
Response: Impact fees for this project will be due and will be paid when a building
permit application is submitted. The applicants will pay the current road impact fee for
the house, as required by condition #10 of Determination 20-2004. The applicants will
also pay the affordable housing impact fee that was adopted subsequent to the approval
of said resolution, to the extent such fee applies to the development planned for this lot.
(d) The needs of the County and the applicant that would be served by approval of
the extension or reinstatement request.
000003
Mr. Ezra Louthis
April 25, 2007
Page Four
Response: The needs of the County that would be served by this reinstatement are that
a redundant review would be avoided, saving the staff from having to repeat the work it
previously accomplished to grant the original approval. Moreover, from the standpoint
of fairness, we would ask the County to consider the lengthy, costly approval process
that the applicants went through to obtain the original approvals. We believe it would be
fair to provide the applicants with the certainty of knowing that for the next three years,
they can rely on the current provisions of the Land Use Code as they design and obtain
and obtain a building permit for their home.
Conclusion
I believe the above responses and the attached documents provide the information you
require to process this application. If there is anything else you need, please do not
hesitate to contact me.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
fhA- Q~: J
Alan Richman, AICP
ooooo~
EXHIBITS
000005
fJJ
C
Cl)
+oJ
------,\
~---:..-....
\
\
"-.
,
I
'I
~
i
......0
,
~' .
-if!:; HSldOd
o
-L..
- - _,p_ _..... _e_ .___ .__
c..
<(
~
~
Z
-
(.)
:>
CJ
o
'"
~
0 '"
N
0
...J :5
\} N
(fJ
~
OJ
000006 -0
C
m
.
.
.
I
II
I
I
II'
I
II
I
~
I
-
I
I
,
-
I
EXHIBIT #1
flied for recol'd cha_day of
Roc.pt Ion No.
,A.D._,lt
o'clock H.
-sy
HfCOMOER.
DEPUTY ,
WARRANTY DEI:m
TillS PEED, Hade on thil day of
between RUSSELL A, ANDREWS
Aueus, IS. 2003
of tha County of and State of
JOliN TIlOMAS WHIDDON AND DENISES, WHIDDON, as Joint Tenants
, of the Grantor(s), and
whose legal address io: S613 KELLY LANE. I'I....NO. TX 7S093
ot the , County of and State of
, of the Grantee(s):
W/TNIi:SS, Ihat the Grantor(I), for and in conoidention of the nv" of $2SS,OOO.OO
... TWII llull.lrod Finy Five ThuullOlllll IIl1d 001100 ... I>OI.I.A RS
the receipt and lufficiency of which Is he...by acknowledged, has granted, bargained, sold and conveyed, and by these
p,.esents does grant, bAr"gain, ..ll, convey and conti"1n unto the Grantoe(s), hi, heirs and asstgn" fO,.eV'lf, atl the
real propeny, togelher with illlprovements, il any, lit"ale, lying and being in the Counly of
I'ITKIN ,an<I State of Colorado, doscrlbed as follows:
SEe EXIIIBIT "A" ATTACIIED IIERETO AND MADn A PART IIEREOI'
Tax Assessor Parcel 1264527201001 ~.-
also known as street nUlliller TIlO SHIELD '0' RD, SNOWMASS, CO 816S4
TOGETIIER with all and oingular andher.dltalllents and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainde,' and relllainders, rents, issue. and prolits thereof; an<J all the estate, right
title interest, claim and dClminU what$oevea' of the Granto,.(s), either in tiU~ 01" equity, of, in und to the ubovl! bargained
pt"eHlises, wi th the heredi tament' and appurtenancesi
TO IIAVE ANIlTO !lOLD the said pr.,,,is.. ..bove bargained an<J described ..ith appul'tenance$, unlo the arantee(s).
his heirs and assigns fOfever. fhe Gl'anto,',s), to,' himself, his heirs anQ pCfsoni.ll ,.c:pre~entatives, does. coven~nt, graot,
ba'-gain. and agree to and with the Grantee(I), his heirs and a.sign., Ihot ot the ti,ue of lhe e,ueal ing and d~1 ivery
of these presents, hlit is welt seized 01 the premises ~bove cOlwoyecJ, has 900<.1, sUl'e, perfect, ab~olutt:' "flU illU~f~,Jsil;de
Cst,JCe ot .intlf:rit~n'c, in law, in fee simple, and has goou riyht, tull powe,' Gnu lawtul ltuthority to gr..nt, u~r9wi",
sell and convey the swne in IIU1M(:r and fOl'WI tiS .foresDid, and th..t the s~flIe are frQt! and clear f!'om all '''filler on~ oth(:1'
gnmts, bargains, sale!;, tienli, taxes, a5$e$$1I~nt$, ,~nC:l.Juabrllllces ;,nd n:s.cl'ictions ul whatever kil\u 0" Oalu!"!: 50~Vt'I',
IJXL:E!'T GENERAL TAXES ANI) ASScSSMcNT$I'OI~ Till: YcAllllJUJ ANII SUllSI:QII!!NT Y!!AI(S, ANI> EXCEI'T THOS!! M,ITl'EI<S .~$
SET POlffll ON EXIIIBIT "0" A'/"J"..\CIJED IJElU:'TO ANI> lNCORJ>OflATt:O lIl!lll:/N
The Grantor(s) shall and will LJARRANT AND fOREVER DefEND the above bargained prealises tn Ihe quiet and peaceable
possession 01 the Grantee(s), hi~ heirs and assigns, againH all and ewry persOll or persons lawfully claiming the whole
01" any part thereof. Ihe singula,- nwiller shall include the plural, .nd Ihe plul"al Ihe sin~ular, and the use of ony ~on<Jer
shall be appl icable to all genders.
IN WITNESS WIJEltli:OF the Grantor(s) has o~eculed this deed on th~..~_~et forth above.
---'~<Z:~'
(", c.r
RUSSELL A ANORf!WS
SlATE Of
Culllrllchl
)
lu.
I
Counly of PITKIN
The foregoing inslrument was acknowledged befol"~ me on Ihis day ot Aueusl 15, lUu)
by RUSSELL A ANDREWS
I I It
My co..",is.ion up;res i{/( ;'/'O'.""Y, ' 't' I (~
W'ltneS$ nlY hLtnd und otfl/ial leel. ...". _, \
r' . . ... , 1:I>u u;,{ ;;.," Y /L \./~ /"--
JANICE'L. JOHNSON t~!' Notary_.Public 1 ,.-
l\!nTARY PUBLIC . V
~ame and Addre.. 01 Pe'-sontrt:>ti:1~~~\'P(S~t1@~bJ>UD~CfiPtioJl ( 30-35-106,5, C,R.S,I!
t~ ;vc: "'IE:"v~~~j 0 /
MyCommissionr;x~".s.A.Pflll1lie~O~ecord Relurn to: JOliN TIIOMAS IINIOOON ANV DENISE S.
\-IN I DOON
5613KEll Y I AilE
, PIA/IO.,..., U5 091
Escrow",
lit 10_
0384683
0384683
form Ho. 932 Rev 4,94, \-IARRANTY DEED (Photog,'ophic Record \Ill_OPEN)
..',':',",",',':.':'::','.'.'."":',':,~
00000-,
EXHIBIT A
A TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 SOUTHWEST 1/4 AND LOT 3 OF
SECTION 22, ALSO IN LOT 15 OF SECTION 27, ALL IN TOWNSHIP 9 SOUTH, RANGE 86
WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING WESTERLY OF THE CENTERLINE OF A 60
FOOT ROADWAY, SAID TRACT BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE RE-LOCATED 1/4 CORNER, BEING THE SOUTH 1/4
CORNER OF SAID SECTION 22 BEARS NORTH 60 DEGREES 14' 28" EAST 594.65 FEET;
THENCE NORTH 25 DEGREES 00' 00" EAST 644.00 FEET;
THENCE SOUTH 63 DEGREES 28' 25" EAST 314.55 FEET TO A POINT' IN THE CENTER OF
SAID 60 FOOT ROADWAY;
THENCE SOUTH 13 DEGREES 01' 00" WEST 31.36 FEET ALONG THE CENTER LINE OF SAID
ROADWAY;
THENCE SOUTH 22' DEGREES 14' DO" WEST 126.94
ROADWAYj
THENCE SOUTH 25 DEGREES 00' 00" WEST
ROADWAYj
THENCE SOUTH
THENCE SOUTH
THENCE SOUTH
FEET ALONG THE CENTER LINE OF SAID
187.00 FEET ALONG THE CENTER LINE OF SAID
60 DEGREES 40' 00" WEST 53.00 FEET;
49 DEGREES 33' 03" WEST 132.23 F~ET;
87 DEGREES OS' 00" WEST 273.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
.
.t
- J
000008
, '" ,..,.. ".", iI
I
~
~
~
I
1'-..
}
,
I
! -
I
~ .-.
I
I
, '
,
!
I
I
I
I:
a
II
-
I
I
I
-
II
EXIIJDlT B
"
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORlTY OF TI-IE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED April 22,
1911, IN BOOK 55 AT PAGE 185.
AN UNDIVIDED ONE-HALF OF THE OIL AND GAS AND OTHER HYDROCARBON
MINERALS WITHIN SUBmCf PROPERTY, TOGETHER WITH THE RIGHT OF INGRESS
AND EGRESS AND USE OF THE SURFACE TO PROSPECT FOR, MINE AND REMOVE
THE SAME, AS RESERVED TO CHARLES REDO IN INSTRUMENT RECORDED OCTOBER
2, 1951 IN BOOK 176 AT PAGE 603.
AN UNDIVIDED ONE~FOURTH OF ALL THE Oil, GAS AND OTHER MINERALS WITHIN
SUBJECT PROPERTY, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO
PROSPECT FOR, MINE AND REMOVE THE SAME, AS RESERVED TO J. BURTON
TUTTLE IN INSTRUMENT RECORDED JUNE 1,1967 IN BOOK 227 AT PAGE 226.
RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE,
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN
UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (a) IS EXEMPT UNDER
CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (b) RELATES TO
HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS
CONTAINED IN INSTRUMENT RECORDED June 24, 1968, IN BOOK 235 AT PAGE
] 37.
ALL MINERAL RIGHTS AS RESERVED IN DEEDS RECORDED OCTOBER 30, 1969 IN
1300K 244 AT PAGE 194, AND RECORDED NOVEMBER 12, 19G9 IN BOOK 244 AT
PAGE 480 AND RE-RECORDED FEBRUARY 3, 1992 IN BOOK 668 AT PAGE 590.
20 FOOT EASEMENTS FOR ROADWA Y PURPOSES AS R~ESERVED IN DEED RECORDED
NOVEMBER 12, 1969 IN BOOK 244 AT PAGE 480 AND RE-RECORDED FEBRUARY
3, 1992 IN BOOK 668 AT PAGE 590.
RIGHT or WAY rOR AN EXISTING 60 1'001' ROADWA Y Al.ONG 1'1 IE EASTI3RL Y LINE
OF SUBJECT PROPERTY AS DISCLOS[m BY THE DESCRJPTION HEREUNDER.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 96-125 ESTABLISHING A
MORATORIUM ON ISSUANCE OF BUILDING PElHvllTS RECORDED January 31, 1997
AT Rl:CEPTlON NO. 401412.
TERMS, CONDITIONS AND PROVISIONS or RESOLUTION 97-33 LIFTING THE
IvlORATORIUM OF BUILDING PERMITS RECORDED September 08, 1997 AT
RECEPTION NO. 408165.
ooooos:
EXHIBIT #2
Mr. Ezra Louthis, Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: WHIDDON eXTENSION OF VESTED RIGHTS
Dear Mr. Louthis,
We hereby authorize Alan Richman Planning Services to act as our designated
representative with respect to the land use application being submitted to your office for
our property, Lot 21, Shield-O Terraces Subdivision. Mr. Richman is authorized to submit
an application to extend the vested rights previously granted to this lot by the Pitkin
County Hearing Officer. Mr. Richman is also authorized to represent us in meetings with
Pitkin County staff and the County's review bodies.
Should you have any need to contact us during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the land development application.
Sincerely,
~/ -
-;/rt ~-
Tom and Denise Whiddon
2124 Sutton Place
Piano, Texas 75093
972-403-7879
000010
'''.''''
EXHIBIT #3
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: Whiddon Extension of Vested Rights
LOCATION: Lot 21, Shield 0 Terraces PID# 264527201001
ZONING: RS-30
OWNERS: Whiddon
REPRESENTATIVE: Alan Richman PHONE: 925-1125
DATE: April 4, 2007
Type of Application: Extension of Vested Rights
PLANNER: Ezra Louthis, 920-5092
Description ofProject/Development: The vested rights will expire on June 15,2007, and the Applicant would like to
extend the duration of those rights.
Land Use Code Sections to be addressed in letter of reouest (aoolication):
Sec. 2-20-170(d): Extension or Reinstatement of Vested Property Rights: Reinstatement of Development Approval
Staff will refer the application to the following agencies: Shield 0 Road Association.
Review by: BOCC.
Public Hearing: No
"
FEES: $924 (make check payable to "Pitkin County Treasurer")
· Planning Office flat fee: $924 (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the
Applicant will be charged for additional time above 4 hours at a rate of$231/hour)
To apply, submit 7 cooies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above;
2. Previous Land Use Approvals;
3. Proof of ownership of subject property;
4. Parcel description, including legal description and vicinity map;
5. Total fee for review of the application;
6. Signed fee agreement (1 copy);
7. Consent from owner(s) to process application and authorizing the representative (1 copy);
8. Copy of this preapp form.
NOTES:
~ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE
SUBMIT TWO-SIDED COPiES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION
~ ALL MAPS SHALL BE FOLDED.
~ This pre-application conference summary is advisory in nature and not binding on the County. The information
provided in this summary is based on current zoning standards and staff's interpretations based upon
representations of the applicant. Additional information may be required upon a complete review of the application.
(JD0011
'm$lIII ", I'. " ' . I 'Ii" I ~', ' I, ;' '. j,. I II
EXHIBIT #4
11111111 1111I11I111111 ~~~~:;1 ~2:l3F
SILVIR ORVIS PITKIN COUNTY CO R 0.00 0 0.00
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE WHIDDON 1041
HAZARD REVIEW
Determination No;W.-2004
RECITALS
1. John and Denise Whiddon (hereafter "Applicants") have applied to the Pitkin County Hearing
Officer (hereafter "Hearing Officer") for 1041 Hazard Review approval to establish a building'
envelope and access envelope for the construction of a single-family residence.
2. The property is Lot 21, Shield-O-Terraces, and is more specifically described as Exhibit "A".
3. The property is zoned RS-30 PUD and contains 4.005 acres.
4. The Hearing Officer heard this application at a public hearing on January 27,2004, at which time
evidence and testimony were presented with respect to this application. The Hearing Officer
found at that time that because the property was in the same ownership with the owner of Lot 20,
Shield-O Terraces, for a period of approxim,ately 3 years, the property is then merged and could not
be developed.
5. Subsequently, the Applicants appealed to the Board of County Commissioners ("BOCC"), at which
time the BOCC denied the appeal and granted a Subdivision Exemption to divide Lots 20 and 21,
and grant a development right to Lot 21 pursuant to BOCCResolution No. 70-2004.
I
~
6. Subsequently the Hearing Officer heard the 1041 application at a public hearing on June 15, 2004,
at which time evidence and testimony were presented with respect to this application.
7. The Hearing Officer finds that the proposal is in compliance with the applicable Standards of the
Pitkin County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is
hereby granted to the Whiddon 1041 Hazard Review subject to the following conditions, which shall run
with the land and be binding on all successors in interest:
000012
1111111111 "I '" 1111" ~~;~Z;~;. 120
SILVIR ORVIS PITKIN COUNTY CO R 0.00 0 0.00
'''''''''-'''!Ij,.,,,,,'llol.'',,,
Hearing Officer Determination NolO -2004
Page 2
1. The Applicants shall adhere to all conditions and material representations made in the application
and public meetings except as amended herein.
11111111 1111I11I111 III ~~:~~~:1 ~2 .13'
SILVIA DAVIS PITKIN COUNTY CO R 0.00
o 0.00
2. Prior to submittal for any building permits, the Applicants shall record a 24 X 36 inch mylar 1041
Hazard Review Site Plan in accordance with Sections 5-70-040 of the Land Use Code. A bui Iding
envelope shall be depicted on the site plan encompassing all proposed development. Community
Development shall approve the site plan prior to recordation.
3. The Applicants shall comply with the following landscaping and wildfire defensible space
mitigation standards as can be accomplished within the boundaries ofthe property:
A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 70 foot perimeter around the structure.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of three times the height of the fuel. Maximum diameter ofthe clumps shall be
two times 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 30 foot perimeter shall be pruned to a height
of 10 feet above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the 30 foot perimeters shall have a minimum of 20 feet
between the edges of the crowns, except for Aspen trees. However, no Aspen trees may be
within 1 0 feet of proposed tree structures. New or installed coniferous trees may not be
within 20 feet (as measured from the edge of the crown) of proposed structures.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
H. From the 30 foot perimeter around the house, out to the 70 foot perimeter, brush and shrubs
shall be thinned to 2 times the height of the fuels. For sagebrush, thin stands to 4 times the
height of the fuel.
1. All thinned oak brush, serviceberry or chokecherry stumps must be painted with Garlon@
(or equivalent) herbicide to prevent aggressive re-sprouting.
J. All deadfall within the 100 foot perimeter shall be removed.
K. The applicant shall be responsible for the continued maintenance ofthe defensible space
vegetation requirements.
4. The Applicants shall comply with the following additional wildfire mitigation standards:
A.
Roofing:
1. Roofing: New roofs shall have a class A roof covering and a class A assembly
roof system. Wood shake/shingle roof coverings and flat roofs (up to a 3: 12) pitch
are prohibited unless they comply with the following:
i) All roof coverings shall be non-combustible Class A materials as defined in the
Uniform Building Code (UBC) 1997 Section 1504 (wood shake/shingle roof
coverings are prohibited) and installed on a Class A roof assembly.
ii) All roof coverings shall have a surface that shall facilitate the natural process of
clearhig the roof.
000013
1111111111111111 111111
499721
,SILVIA DAVIS PITKIN COUNTY CO
Page: 2 of 7
07/16/2004 10:12A
R 0.00 D 0.00
Hearing Officer Detennination No.ZQ.-2004
Page 3
/11111/11111 IIIIIII/lllmll 1111/11111111 11111 1/111111 ~~:~~~:1 ~2.m
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 .
iii) All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline, such as parapets, shall be prohibited.
iv) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1 :48.
v) All roof designs, coverings or equivalent assemblies shall be specifically approved
by the Basalt Fire Marshall prior to submittal of a building permit application.
vi) Vents shall be screened with corrosive resistant wire mesh with mesh 1f4 inch
maximum.
B. Vegetation within the 10-foot perimeter shall be maintained to a height not more than six
inches, or if ornamental, shall be irrigated and kept free of dead materials.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more
than 6 inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away
from the structure.
H. Swimming pools shall be accessible to Fire Department vehicles.
1. Fences shall be kept clear of brush and debris.
J . Wood fences shall not connect to the structure.
K. Any outbuildings or additional structures shall adhere to the same standards as structures.
L. Fuel tanks shall be installed underground with an approved container.
M.' Propane tanks shall be installed according to NFP A 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around any above-
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire-resistive construction on the exterior side of the walls.
N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
P. New utility lines shall be buried.
Q. Access:
1. Thin shrubs (oak, chokecherry, serviceberry) to 3 times height along the
driveway. No shrubs or confers are allowed within 10' of the driveway. Aspen
trees are permitted within 10 feet of the driveway, but must be pruned to 10'
above the ground. Sagebrush must be thinned to 4 times height, and may not be
within 10' of other larger shrubs.
2. Low vegetation shall be kept mowed to less than 6" within 10' on either side of
driveway.
3. A turnaround pad shall have a minimum of35' drivable surface inside turning
radius at end of driveway.
4. Driveway shall enter the roadway at a ninety-degree angle for the first 25' of the
driveway.
5. No development, including grading, excavation, fill placement, berming, landscaping, entry or
ranch gates, and vegetation.removal or disturbance shall occur outside of the approved building
[and/or] development/access envelope except for access and wildfire mitigation. Construction,
0000l~
" " ,,/I 1/ ""/I " " II
SILVIA DAVIS PITKIN COUNTY CO
499721
Page: 3 of 7
07/16/2004 10:12A
R 0.00 D 0.00
Hearing Officer Determination No.2:Q.-2004
Page 4
11111111 1111I11I II 1111 ~~~~:;:
SILVIA DAVIS PITKIN COUNTY CO R 0.00
6
12 : 13P
o 0.00
staging, parking, utility and driveway extension and maintenance shall occur within approved
building, or access driveway. No construction staging shall occur on Shield-O Road. The
primary building envelope's northwestern border shall be no closer than 275' from the southeast
comer of the existing neighbor's house located on Lot 43 of Shield-a-Terraces.
6. The Applicants shall comply with the mitigation standards for development on steep slopes
(15%-45%):
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 gradi~g and excavation to the minimum area needed or construction.
7. The Applicants shall obtain an access permit from the County Engineer prior to commencement
of construction for the driveway. Prior to the issuance of the access permit, the Applicants shall
provide an engineered phm for the retaining wall for review and approval by the County
Engineer and Community Development. The access shall comply with the standards set forth in
the Pitkin County Assets Management Plan.
8. Prior to submission of any new building permits for new development, the Applicants shall submit a
mitigation report from an engineer or geologist licensed in the State of Colorado. The report shall
demonstrate that the site can be engineered in such a way that there is no hazard posed, and shall
show the area of disturbed slopes, any re-grading required and the size and location of all mitigation
devices. Any new development shall be conditioned upon compliance with the report.
9. Prior to application for building permit the applicant shall provide for review to the County
Engineer a trip generation and construction trip generation study for any free market residential
structure exceeding 5,000 square feet. A traffic-engineering consultant hired by the applicant and
pre-approved by the County Engineer shall develop this study.
10. Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
11. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake
the comers of the building envelope and install construction fencing around the perimeter of the
building envelope. The fencing'shall remain in place until issuance of Certificate of Occupancy.
No vegetation shall be damaged or removed outside the building envelope.
12. A Drainage and Erosion Control Plan shall be submitted by the Applicant and approved by the
County Engineer prior to building permit submission.
13. Any areas disturbed outside the building envelope must be revegetated with native vegetation
according to a revegetation plan submitted by the Applicant and approved by the County prior to
issuance of a Certificate of Occupancy.
000015
1111111111111111111111 ~~;~~~;: i.o120
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
II II "" "Ill III "I I " :;~~~~:1 ~z 13"
Hearing Officer Determination No. ~2004 SILVIR ORVIS PITKIN COUNTY CO R 0.00 0 0.00
Page 5
] 4. The Applicant shall comply with the 200] Wildlife Protection Ordinance No. 0 I 0-200] for waste
storage. Compliance with the condition shall be verified by the Pitkin County Wildlife Biologist
prior to issuance of a certificate of occupancy.
] 5. Fencing outside the building envelope must comply with 93-80-080(A)(10) and 93-80-
080(A)(11) of the Land Use Code.
]6. Floor area shall be limited to 5,750 square feet exempt from growth management.
17. Prior to submission of a building permit, the Applicant shall satisfy the Shield 0' Terraces Home
Owner's Association with regard to road assessments. ,
18. The Applicant shall not plow snow onto Shield-O Road, or store snow within the Shield-O Road
right-of-way.
] 9. The Applicant shall provide a landscape plan for review and approval by Community
Development. The plan shall depict how the applicant will mitigate headlight impacts on the
neighboring parcel (Lot 43), provided that it is understood that the applicant's ability to plant
new vegetation is limited by the wildfire mitigation requirements set forth in paragraph Number
4 of this Determination.
20. The allowed uses for the separate "accessory development envelope" located in the northwest
corner of the parcel shall be limited to land'scaping, grading, septic systems, sub-grade water
tanks and access. Above grade improvements are prohibited.
2]. The Applicant shall not raise the existing grade within the building envelope for development of
the primary residence or other structures.
22. The Applicant shall provide an onsite water tank for fire mitigation, as required by the Basalt
Fire District.
23. 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 fOlih in Pitkin
County Land Use Code, 9 4-140 and C.R.S., 9 24-68-105. The statutory vested rights granted
herein shall expire on June 15, 2007.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIMES WEEKLY ON~u to / 2..C04
I . .
111I1 II 11II1111 1I11I 11I11111111111 1111 11111 ~~;~~::=;. '20
SILVIR ORVIS PITKIN COUNTY CO R 0.00 0 0.00 .
000016;
Hearing Offic~r Determination No.2Q.-2004
Page 6
11111111 1111I111111111 ~~:~~~;1 ~2l3P
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES.
WEEKLY ON THE].5th DAY OF MAY 2004.
APPROVED ON THE 15th DAY OF JUNE, 2004.
ATTEST:
~11J~ (~/(~
Janis 'faY[Or, !
Administrhtive Assistant
APPROVED AS TO FORM:
~
~. .J:;.
J olm'Ely,
County Attorney
Case #P1 -03
PID# 264527201001
000017
HEARING OFFICER OF PITKIN
CO~JY' COLORADO
!~~r.a
/Ja"mes R. True,
// Hearing Officer
/'
Date: t- /'2-5 ID l-I
I ! '
APPROVED AS TO CONTENT:
..)
~. \A;.fCk~~~~
Cinay'1fOube~
Community Development Director
1111111 IIlf 111111 11II II~I 11111 IIllIIf II 11111 I 111111 ~~;~~~1 ~. 120
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 .
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICA nON FEES
PITKIN COUNTY (hereinafter "COUNTY") and
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for ~,><~<;\..o'^"
(hereinafter, the "PROJECT").
~ ~ VV\...
~ ~\~ ~'v..~.,.
ef 0lt?~ (Z.~ Ur
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 tothe 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 $ q d. ~
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
("APPLICANT")
-!pt ~
~." '.'
~
----
"'" 0 '^'" w ~...4 0",
Print Name and Title (if applicable)
\.\\ ~ \ <>\
Date:
Mailing Address:
';). , ';) '1 S v-\\ () V\. ~ \,IlrUI.
((\'I\ '^-o \ "'\ e..\t ~ "'\ S- 0 ~ ~
000918
~1"'1'",,,,,,
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX # (970) 920-5439
May 15,2007
Mr. Alan Richman
PO Box 3613
Aspen, CO 81612
Re: Whiddon Extension of Vested Rights
(PID 2645-272-01-001; Case P060-07)
Dear Mr. Richman:
The Planning Office has completed its preliminary review of the captioned application. We have
determined that this application is complete. After a more detailed review of the submittal
information, additional information specific to the application may be requested in order to
adequately review and process the application. The planner in charge of the review will request
the information from you directly.
We have scheduled this application for review at a public hearing by the Board of County
Commissioners on Wednesday, July 11,2007 at a meeting to begin at 12:00 P.M. in the Plaza One
Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact
me within 3 working days of the date of this letter. After that the agenda date will be considered
final and changes to the schedule or tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting date, we will call to inform you that a copy of the
memo pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen
days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent
property owners and mineral estate owners at least 30 days prior to the hearing with the return
address of the Community Development Department (copy of notice will be sent to you by the
Community Development Department). The names and addresses shall be those on the current
tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public
hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of
compliance with the Code at the hearing.
If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit of Notice (Code Section 2-20-100)
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO:
Shield 0 Road Association
FROM:
Ezra Louthis, Community Development Department
RE:
Whiddon Extension of Vested Rights,
(CASE P060-07; PID 2645-272-01.;001)
DATE:
May 15,2007
Attached for your review and comments are materials for an application submitted by Tom Whiddon. The
Board of County Commissioners will review the application on Wednesday, July 11,2007
Please return your comments to me by Friday, June 22, 2007.
PLEASE RETURN APPLICA nON MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE
NO FURTHER NEED OF THEM.
Thank you.
COM:MUN1TYD~VEL()PIKENTDEP_TMENT '
130 South Galena Street
Aspen, COlpracIo.81611,
(970), 920-!?526,
Pitkin County,
Land Use:
Board of Adjustment
County Land Use Code
Flat Fee
Zoning and Sign
Public Notice+
Planning Enforcement
Hearing Officer
Referral Fees:
Airport
County Clerk
County Engineer
Environmental Health
Historic
Housing
Land Management
Redstone HPC
Wildlife Officer
210
LUCO 1
211
194
208
198
190
209
206
f"':
11100
172
159
174
162
169
160
175
Building Fees:
1 70 Board of Appeals
1 05 Building Permit
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection
152 AVFD Fire Marshal
158 BFD Fire Marshal
Other 'Fees:
Use TaX
Copy
Master Plan Copy
Park Dedication
GIS Requirements
Housing Impact Fee
Road Impact Fee
School Impact Fee
155
165
PZ005
185
IS
161
B1202
B1203
TOTAL
~
-A:)
/""\",
........."'.....
, 'V""'
\....1,,"",-
.CJO.
....
'~, J I tJT";""', J I ""') ""1 .' c,;
NAME: ~:' n~.L: t t:J/'i,' f'l P~i'''Y I'~~"r ;
ADDRESS/PROJECT:
PHONE:
,f;
'1', .t
.. fA,~';""" ~~..,"
CHECK# f;;;..,~f.;' {,<,.:, I
1~''i.''''''
(~ (
."'. ~' ji., ' "', ;......
CASE/PERMIT#:
DATE:
I I II, ,I
INITIAL: