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ROD 2-18-10 Adm Mod for bldg outside env.pdf - SIGNED & RECRECEPTION#: 5b/12b, U1/19/1U1U at U9:LU:J9 AM, 1 OY 4, K--"Zl.uu Janice K. Vos Caudill, Pitkin County, CO YX 71 SNOWMASSVI Planning Department ei4fft,Tei RECORD OF DECISION ADMINISTRATIVE MODIFICATION BUILDING OUTSIDE OF ESTABLISHED ENVELOPE LOT 44, PARCEL B -TWO CREEKS, EAST VILLAGE P.U.D. (83 East Fork Lane) Holly B. and Dwight D. Richert ("Applicants"), being the owners of Lot 44, Parcel B -Two Creeks, East Village P.U.D. (83 East Fork Lane), according to the Plat thereof recorded October 14, 1994 in Plat Book 35 at Page 54 as Reception No. 375294 in the records of the Pitkin County Clerk and Recorder, County of Pitkin, State of Colorado, applied for an Administrative Modification ("Modification"), pursuant to Section 16A-5-250 of the Town of Snowmass Village Municipal Code ("Municipal Code"). The Applicants request the Modification in accordance with Section 16A -5-250(a)(7) Building outside of established envelope, to address "an intrusion into a required setback, where a building or portion thereof was previously constructed outside of the established building envelope for the lot." The requested Modification includes: 1) a portion of an above -grade deck; 2) flag pole and basketball backstop; and 3) a roof overhang. The roof overhang and deck were reviewed and approved as Snowmass Village Building Permit Number 4569. It appears that the residence was not located properly during construction. This Modification applies to the existing, as -built conditions described above as shown on the Improvement Survey prepared by Aspen Survey Engineers, Inc. signed and dated on January 27, 2010 as Job No: 39021 and does not allow them to be modified, enlarged or expanded without further Town approval. A copy of the current, to scale, wet -stamped Improvement Survey for Lot 44, Parcel B -Two Creeks is on file at the Town of Snowmass Village Planning Department. In accordance with the provisions of Section 16A-5-250 of the Municipal Code, the Town Planning Director is given the authority to grant approval for said Modification. After evaluation, the Town Planning Director determined the request to be consistent with the applicable review standards. Specifically, the findings are: a. Unforeseen circumstances. The proposed Modification is the result of circumstances that could not have been reasonably anticipated by the applicants prior to or during the original approval process; and b. Insubstantial impacts. Any adverse impacts on surrounding properties from the proposed Modification are determined to be insubstantial. c. Setbacks. The Major Structure Location Envelope was re -platted and recorded on August 23, 2000 in Plat Book 54 at Page 37 as Reception No. RECEPTION#: 567126, 02/19/2010 at 09:20:39 AM, 2 OF 4, Janice K. Vos Caudill, Pitkin County, CO Record of Decision Administrative Modification Lot 44, Parcel B -Two Creeks 446310 in the records of the Pitkin County Clerk and Recorder, County of Pitkin, State of Colorado. d. The flag pole and basketball back stop structures were likely inadvertently located outside the building envelope by the landowner with insubstantial impact upon surrounding landowners and may remain. This Administrative Modification for Lot 44, Parcel B -Two Creeks, East Village P.U.D. includes a flag pole and backstop as well as those portions of the above -grade deck and roof overhang that extend beyond the Revised Major Structure Location Envelope, as shown on Exhibit "A" only and is hereby granted on the 10;t—',% day of February, 2010, subject to the following Conditions: Conditions of Approval 1. This approval is based upon the improvement survey information stating that the above -grade deck extends 0.4 feet beyond the southerly setback and a section of the roof overhang extends 2.2 feet beyond the northerly setback, as identified on Exhibit A. 2. The subject improvements may not be relocated, modified, enlarged or expanded without further express written approval from the Town. 3. The flag pole and basketball back stop structures may remain provided no additional above grade structures are located outside the Revised Major Structure Location Envelope without express written approval from the Town. 4. This administrative approval is subject to the recording of this document and any attachments at Applicants' expense in the Real Estate Records of the Clerk and Recorder of Pitkin County, Colorado. 5. The entrance column, identified on Exhibit "A", is located within the East Fork Lane right-of-way and is not approved or permitted to remain without obtaining a License Agreement from the Snowmass Village Public Works Department. Town of Snowmass Village Chris C. Conrad, TOSV Planning Director Attachment: Exhibit A -Approved Modification Key Map 2 RECEPTION#: 567126, 02/19/2010 at 09:20:39 AM, 3 OF 4, Janice K. Vos Caudill, Pitkin County, CO 0,ttijbit it ec0 :%S%0%, -%Lfi _0,tAA0?S1C'e A 0") LLil- WW O co y 44 00 010k %Gtho J nu 1"Ot ;71 oust �i If Amato coolk OP VC G RECEPTION#: 567126, 02/19/2010 at 09:20:39 AM, 4 OF 4, Janice K. Vos Caudill, Pitkin County, CO