HomeMy WebLinkAboutpitkin.planning.246734400062 (2007)DOCUVIENT`LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and/or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
MEMORANDUM
TO: Pitkin County Board of County Commissioners
THRU: Cindy Houtfe`n o Development Director
FROM: Michael Kraemer, Planner�K
DATE: September 24, 2008
RE: Weinreis Special Review for a Caretaker Dwelling Unit— Objection Hearing
SUMMARY: The Applicant requested special review approval to legalize a detached caretaker dwelling
unit ( "CDU ") of up to 1,000 square feet in an existing structure. This request was presented to the BOCC
on August 13, 2008 pursuant to Section 2- 40- 20(f)(3) of the Code which requires a CDU application be
heard by the BOCC if an objection has been filed.
APPLICANT: Brad Weinreis
REPRESENTATIVE: Anne Marie McPhee
LOCATION: 1485 Snowmass Creek Road. PID# 2467 - 344 -00 -062 (Legal Description, Attachment A).
ZONING/LOT SIZE: RS- 30/2.15 Acres
CURRENT STATUS:
After the last hearing, the Applicant elected to withdraw the CDU request in a letter dated August 22,
2008 (Attachment A). The letter also outlines a timeframe to remove the tenants from the dwelling and a
willingness to bring the structure into compliance.
At the direction of the BOCC, Staff and the Code Enforcement Officer reviewed the building file for the
parcel. According to the file, some structures have attained permits and some structures have not. Three
main buildings have received permits, however it does not appear that permits were attained for multiple
sheds and carports on the parcel.
RECOMMEDATION: None at this time. Staff seeks direction from the Board to determine if the
proposed withdrawal of the application and willingness to bring the structure into compliance is
acceptable. Staff also seeks direction from the Board as to whether there is a desire to pursue the possible
violation of illegally constructed sheds and carports on the parcel.
ATTACHMENTS:
A. Withdrawal letter
Page 1 of 1
I of3
ANNE MARIE McPHEE
STACY FCINBERG
W ENDY C. FOSTVEDT
August 22, 2008
VIA ELECTRONIC MAIL
Pitkin County Community Development
Attention: Mike Kraemer
City Hall
130 S. Galena Street, 3` Floor
Aspen, CO 81611
Re: Bradley Weinreis - Application for Caretaker Dwelling Unit — Parcel No. 246734400062
Dear Mike:
Mr. Weinreis and I have both received Carrington Brown's letter regarding the requirements for
verifying the floor area of the structures at the Weinreis residence and have discussed the matter further.
It is Mr. Weinreis' opinion, based on the comments at the Board of County Commissioners' hearing,
that the Board will most likely deny his application for a caretaker dwelling unit. Despite his misgivings
regarding the chances for obtaining approval of his application, Mr. Weinreis was initially willing to
continue with the process with the hope he might still get approval. Now that he realizes that he will
need to hire an architect or engineer to measure every structure on the property, and the cost this will
entail, he has decided he would prefer to withdraw his application rather than spend more money on an
application he believes will likely be denied. Consequently, by this letter, Mr. Weinreis is formally
withdrawing his application for a caretaker dwelling unit.
One outstanding matter that does need to be addressed is the current occupancy of the proposed
caretaker dwelling unit by two local employees. Due to the difficulty in finding affordable housing, Mr.
Weinreis requests that they be given three months to find alternate housing. Once they have vacated the
unit, Mr. Weinreis will take whatever steps the County requires to make the unit uninhabitable. Please
let me know if there is any objection to this.
9
LAW OFFICES OF
OATES, KNEZEVICH, GARDENSWARTZ KELLY, P.C.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 E. HOPKINS AVENUE
ASPFN, COLORADO, 61611
LEONARD M.OATE
TELEPHONE (970) 020-1700
RICHARD A KNEZEVI CH
FACSIMILE (WO) 920 -1 121
TED p.SWARTZ
DAVID B. KELLY
KELLY
-
MARIA M
MORR
OF COUNSEL
ammC!. okglaw.com
JOHN KELLY
STEPHEN CONNOR
ANNE MARIE McPHEE
STACY FCINBERG
W ENDY C. FOSTVEDT
August 22, 2008
VIA ELECTRONIC MAIL
Pitkin County Community Development
Attention: Mike Kraemer
City Hall
130 S. Galena Street, 3` Floor
Aspen, CO 81611
Re: Bradley Weinreis - Application for Caretaker Dwelling Unit — Parcel No. 246734400062
Dear Mike:
Mr. Weinreis and I have both received Carrington Brown's letter regarding the requirements for
verifying the floor area of the structures at the Weinreis residence and have discussed the matter further.
It is Mr. Weinreis' opinion, based on the comments at the Board of County Commissioners' hearing,
that the Board will most likely deny his application for a caretaker dwelling unit. Despite his misgivings
regarding the chances for obtaining approval of his application, Mr. Weinreis was initially willing to
continue with the process with the hope he might still get approval. Now that he realizes that he will
need to hire an architect or engineer to measure every structure on the property, and the cost this will
entail, he has decided he would prefer to withdraw his application rather than spend more money on an
application he believes will likely be denied. Consequently, by this letter, Mr. Weinreis is formally
withdrawing his application for a caretaker dwelling unit.
One outstanding matter that does need to be addressed is the current occupancy of the proposed
caretaker dwelling unit by two local employees. Due to the difficulty in finding affordable housing, Mr.
Weinreis requests that they be given three months to find alternate housing. Once they have vacated the
unit, Mr. Weinreis will take whatever steps the County requires to make the unit uninhabitable. Please
let me know if there is any objection to this.
9
OATES, KNEZEVICH, GARDENSWARTZ & KELLY P.C.
Mike Kraemer
Pitkin County Community Development
August 22, 2008
Page 2
Thank you for your help throughout this process. Please feel free to call me with any questions
you have or if you need anything further.
Very Truly Yours,
OATEs, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
By
Anne Marie McPhee
AMM /maf
cc: Brad Weinreis
Carrington Brown
MEMORANDUM
TO: Pitkin County Board of County Commissioners
THRU: Cindy Houben, Community Development Dire for
r e�
FROM: Michael Kraemer c.' v \
DATE: August 13, 2008
RE: Weinreis Special Review for a Caretaker Dwelling Unit — Objection Hearing
SUMMARY: The Applicant requests special review approval to legalize a detached caretaker dwelling
unit ( "CDU ") of up to 1,000 square feet in an existing structure. This request is being presented to the
BOCC pursuant to Section 2- 40- 20(f)(3) of the Code which requires a CDU application be heard by the
BOCC if an objection has been filed.
APPLICANT: Brad Weinreis
REPRESENTATIVE: Anne Marie McPhee
LOCATION: 1485 Snowmass Creek Road. PID# 2467- 344 -00 -062 (Legal Description, Attachment A).
ZONING/LOT SIZE: RS- 30/2.15 Acres
BACKGROUND: The parcel contains three structures: a main residence and two accessory buildings.
Pictures of these structures are depicted below:
Page 1 of 6
000001 of I LP
... —_. ..
000002 Page 2 of 6
+• =uw �ca.ucuce auu me principal structure
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One of the structures was built too high and in violation of the County height requirements. Another one
of the structures was being used as a two unit residential dwelling which is prohibited by the Code.
Because of these violations and no action by the Applicant to rectify the situation, in 1989 Pitkin County
filed a lawsuit against the Applicant. The Applicant and Pitkin County agreed to a Stipulated Settlement
Agreement pursuant to Civil Action No. 89 CV35, recorded at BK589 PG 411 (see Applicant's submittal
materials) where certain stipulations were agreed to. The stipulation designates the barn house as the
main residence and the other two structures as accessory structures. In addition, stipulation #12 states,
"... remove from the currently existing residence all kitchen facilities and plumbing fixtures except for one
sink and one toilet and to forego any use of the structure as an additional residence on or before
September 1, 1989 ".
The Applicant had not complied with this stipulation and was using the proposed CDU as a duplex for
rental purposes. Last year, the Applicant was issued a Notice of Violation for having more than one
residence on the parcel. To remedy the violation, the Applicant elected to remove one of the dwellings
from the structure and attempt to legalize the other through the CDU process. Staff conducted a site visit
and has verified that one of the units has been removed from this structure and that the garage does not
contain a dwelling.
The CDU application was submitted, and within the 30 day required public notice period, objections were
filed against the application (Attachment B — three letters). In summary, the letters state that the CDU
requirements may not be enforceable because of the Applicant's historical disregard for the Stipulated
Settlement Agreement.
Page 3 of 6
000003
REFERRALS:
This application was referred to the Housing Office, Snowmass/Capitol Creek Caucus, and EH/NR. All
entities provided comments which have been attached. The Caucus objected to the application and felt the
CDU use should not be approved. Comments were received from the Housing Office and are outlined as
conditions in the attached Administrative Decision.
STAFF COMMENTS:
Water and Septic: The Applicant has provided a letter from the Gateway Metro District (see
Applicant's submittal packet) which states that water can be provided to the additional dwelling.
EH/NR commented (Attachment C) on the application and stated there is a need for professional engineer
to evaluate the existing septic system. The Applicant has provided this evaluation which indicates that
the septic field can accommodate the additional bedrooms in the CDU although a larger septic tank is
needed. Staff recommends that with building permit submittal, the Applicant also submit for a septic
permit to upgrade the tank and have the tank installed within 60 days of issuance of the permit.
Settlement Agreement: Civil Action No. 89 CV 35 stipulates, in condition 12, that the subject structure
must not be used as a dwelling. Although a CDU is a Special Review Use in the RS -30 zone district
where many CDU's have been approved, Staff feels that to legally create a CDU, the Stipulated
Agreement must also be amended. Staff recommends that a condition be adopted to require the
Stipulated Agreement be amended prior to building permit submittal to legalize the unit.
Growth Manaeement Exemption
Pursuant to Subsection 6- 30- 40(2)(C) one CDU may be exempted from Growth Management on any lot or
parcel in a zone district in which a CDU is an allowed use, a use allowed by special review, or a use allowed
as part of a master plan, as shown in Table 4 -1. The parcel may be substandard in size. The CDU may also
be attached or detached to a single family dwelling unit.
Special Review for a Caretaker Dwelling Unit
A caretaker dwelling unit is listed as a special review use in the RS -30 zone district and therefore must
comply with the following standards (see Subsection 2- 30 -30):
A. The special review use shall consider the applicable County Master Plan.
Response: The special review use is consistent with the Snowmass /Capitol Creek Master Plan, but as
noted above, the Caucus objects.
B. The special review use shall not conflict with any applicable sections of the Pitkin County Land
Use Code, including the County Land Use Policies in Chapter 1.
Response: The use, as presented, is consistent with the Pitkin County Land Use Code and the Land Use
Policies.
C. The proposed development must not materially endanger the public health, safety or we fare..
Response: Staff has no reason to believe that the proposed development will endanger the public health,
safety, or welfare.
Page 4 of 6
00000It
D. The proposed development must not substantially injure the value of adjoining or abutting
property.
Response: The proposed development is an accessory use to a single family residence and will not alter
the residential character of the area. Staff has no reason to believe that the CDU will injure the value of
adjoining or abutting property.
A. The special review use shall be consistent with the intent of the zone district in which it is
proposed to be located
Response: A CDU is consistent with the RS -30 zone district.
B. The special review use shall be compatible with the character of the immediate vicinity of the
parcel proposed for development and surrounding land uses, or shall enhance the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for
development.
Response: The CDU will be compatible with the character of the immediate vicinity of the subject as it is
an accessory use to single family residence.
C. The location, size, design and operating characteristics of the proposed special review use must
be in harmony with the surrounding area and minimize adverse effects, including visual impacts,
impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service
delivery, air /water pollution or other impacts on natural resources, noise, vibrations and odor on
surrounding properties.
Response: The Applicant has noted that the proposed CDU will be constructed in an existing structure in
a hazard free location. The traffic generation and parking from the increased density is said to be
accommodated by the main driveway. Letters from the Objectors have indicated that noise is an issue
with tenants. The Applicant has stated that those tenants are no longer renting the dwelling.
D. There must be adequate public facilities and services to serve the special review use, including
but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage systems, and schools.
Response: The additional impact of a CDU should be minimal with respect to the public facilities and
services that are already in place and will be servicing the future residence. The property is located
within the Basalt and Rural Fire District and the CDU would not require additional fire mitigation
planning. Access and waste systems will be required to meet Pitkin County standards.
E. The proposed special review use must comply with any additional standards or requirements
stated for such use in Sec. 4 -30 and /or 2- 40 -20.
Response: Code Section 4- 30- 50(e)(1) will be addressed below. The Applicant has conformed to
Section 2- 40 -20.
CDU as a Permitted Accessory Use
For a detached CDU to be permitted, the Applicant shall comply with the following standards: (see
subsection 4- 30- 50(e)(1) and (2)):
Page 5 of 6
000005
c. The CDU shall not exceed one thousand (1,000) net livable square feet on lots or parcels that are
thirty thousand (30,000) square feet or greater in lot area, and seven hundred (700) net livable
square feet on lots or parcels that are les than thirty thousand (30, 000) square feet in lot area;
Response: The CDU has the ability to be constructed up to 1,000 square feet as the lot is 2.15 acres.
d. The floor area of the CDC shall be included in the total allowed floor area for the lot or parcel of
land
Response: The Applicant has stated that the CDU will be included in the total allowed floor area.
e. One(]) off - street parking space shall be provided for each caretaker dwelling unit.
Response: The Applicant has stated that off street parking can be provided.
f The Applicant shall be deed restriction or other permanent commitment running with the land
guarantee that the CDU
1. Shall not be required to be rented;
2: Shall not be sold or otherwise conveyed or separated from the original
parcel regardless of the ultimate form of ownership of the CDU,.
3. Shall be limited to occupancy by(i) not more than two (2) adults, and
related children, who qualify as (and have been found by the Housing
Office to be)employees of the community under such guidelines as many
from time to time be established, or (ii) members of the owner's immediate
family, even though they may not qual fv as employees of the community;
4. Shall be rented for terms not less than six (6) months if rented
Response: The Applicant has agreed to these limitations.
g. The CDU restriction may be removed by the property owner upon approval of the Community
Development Director, subject to the requirement that the dwelling is removed or modified If
modified, the remaining improvements must not longer he capable of occupancy as a dwelling
unit and must meet otherwise applicable requirements of this Land Use Code.
Response: The Applicant has agreed to this limitation.
h. The provisions of the regulation are for the purpose of providing a voluntary CDU on a legally
created lot or parcel in the County. Anv unit approved under this provision of this Land Use
Code shall not be used for mitigation of employee housing requirements as established elsewhere
in this Land Use Code.
Response: The Applicant will be required to not use the CDU for mitigation of employee housing
requirements.
RECOMMENDATION: Staff recommends that the BOCC adopt a motion to approve the Weinreis
Special Review for a detached caretaker dwelling unit subject to the conditions in the attached BOCC
Resolution.
ATTACHMENTS:
A. Legal description
B. Objection letters -3 total
C. EHINR referral comments
Page 6 of 6
0000VU
RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF COUNTY
COMMISSIONERS APPROVING THE WEINREIS SPECIAL REVIEW FOR A
DETACHED CARETAKER DWELLING UNIT LOCATED AT 1485 SNOWMASS
CREEK ROAD
Resolution No. -2008
RECITALS
l . Brad Weinreis ( "Applicant') has applied to the Pitkin County, Colorado Board of County Commissioners
("BOCC"), for approval of a detached Caretaker Dwelling Unit ( "CDU ") which is proposed to be located
within an existing structure.
2. The parcel is located at 1485 Snowmass Creek Road, is zoned RS -30, and contains approximately 2.15 acres.
PID #: 2467- 344 -00 -062. (Legal Description, Attachment A).
3. The parcel contains 3 structures: a principal residence and two accessory buildings. The Applicant was
issued a Notice of Violation for using one of the structures as a duplex without appropriate approvals. To
remedy the violation, the Applicant has elected to remove one of the dwellings and attempt to gain
Special Review approval for a CDU.
4. Applicant provided notice of the application to adjacent property owners as required pursuant to Sec. Sec.
2- 20- 100(A) of the Land Use Code. Objections were received within 30 days from the date the notice
was posted. Because of these objections the request must be heard by the BOCC pursuant to 2-40 -
20(f)(3 ).
5. The BOCC finds that the Weinreis detached CDU complies with applicable standards of the Land Use
Code found at Subsections 4- 30- 50(e)(1)(2), 2- 30- 30(h), 6- 30- 40(c), and 2- 40- 20(f).
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that
it does hereby approve the Weinreis Special Review for a CDU, subject to the following conditions:
I. The Applicant shall adhere to all material representations made in the application.
2. Prior to building permit submittal the Applicant shall amend Civil Action No. 89 CV 35 to allow a Caretaker
Dwelling Unit within the subject structure.
3. At building permit submittal, the Applicant shall also submit for a septic permit to upgrade the existing septic
tank to accommodate the additional bedroom within the CDU. The tank shall be installed within 60 days of
permit issuance unless a timeframe is determined differently by the Community Development Director.
4. The detached CDU shall not exceed 1,000 net livable square feet of floor area, which shall count toward
the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin
County Employee Housing Guidelines: a minimum of a two -burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must
measure at least 14 "WX16 "DX5.25 "H; refrigerator must be at least 5.3 cubic feet and include at least a .73
cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review.
5. The Applicant shall, by deed restriction or other permanent commitment running with the land, guarantee
that the caretaker unit:
Page] of 2
000007
a. Shall not be required to be rented;
b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the
ultimate form of ownership of the caretaker unit;
C. Shall be limited to occupancy by not more than two adults and related children, who qualify as (and
have been found by the Housing Office to be) employees of the community under such guidelines
as may be from time to time established, or members of the owner's immediate family, even though
they may not qualify as employees of the community;
d. Shall be rented for terms not less than 6 months if rented.
6. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing
Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above -
referenced requirements.
The caretaker dwelling unit restriction may be removed by the property owner upon approval of the
Community Development Director, subject to the requirement that the dwelling is removed or modified. If
modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must
meet otherwise applicable Code requirements.
8. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot
or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall not be
used for mitigation of employee housing requirements as established elsewhere in said Code.
9. Applicant shall adhere to all material representations made in the application.
10. Failure to comply with the conditions of this approval may result in revocation of this approval, or any
subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 13" day of
August, 2008.
APPROVED AND ADOPTED on the 13` day of August, 2008.
BOARD OF COUNTY COMMISSIONERS, ATTEST:
PITKIN COUNTY, COLORADO
By
Jack Hatfield, Chairman
APPROVED AS TO CONTENT:
Cindy Houber° 1
Community Development Director
P153 -07
PID #2467- 344 -00 -362
Page 2 of 2
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO FORM:
John Ely
County Attorney
00000
Attachment A
Legal Description
SECT,TWN,RNG:34 -8 -86 DESC: PARCEL
---------- -
IN TRACT NO 81 & TRACT NO 82 SEC
34 -8 -86 CONT 2.15 AC M/L BK 487 PG
151 BK 559 PG 527
0000109
Ma Y. 16. 2008 10:10AM SREC No. 1485 P. 2
May 15, 2008
Community Development Department
130 S. Galena Street
Aspen, CO 81611
Attn: Mike Kraemer
Re: Weinreis Special Review, Case P153 -07
Dear Mike:
We have been advised of this review which will allow Brad Weinreis the right to convert an
accessory building on his property to a caretaker unit.
Several of us were living in the neighborhood when Pitkin County filed a suit against Brad in
1989. This suit was filed because of Brad's violations of the County Land Use Code in the
construction of his "barn" on the property. As part of the settlement to this suit, Brad gave his
word that he would vacate the original house on the property and use it only as an "accessory"
building. The huge barn, which exceeds the height limitations set by the County remains an
eyesore, and Brad has continued to rent the accessory building as a duplex home. This
effectively gives him two homes on one lot.
Those of us who reside near this property, have had to endure many negative impacts, as a result
of excessive occupancy of various rental units in the duplex house and other buildings, along
with a construction related business operating on the site. To support these rental units an
unsightly 4 -yard dumpster and laundry building have been added very close to the property line,
There are currently two trucks parked on the lawn. There is also a pile of gravel in the yard,
which is regularly accessed by construction trucks. Renters have parked on adjacent property
owner's lawns; there have been noisy, late night parties and the police contacted on more than
one occasion. The dust and traffic noise, not to mention the visual impacts of numerous out
buildings have had a serious negative impact on our quality of life. Small children and animals
need to be supervised. One neighbor sold their home because of this environment.
It is very disheartening for those of us who are law- abiding citizens to have watched this
degradation of our neighborhood and with it, the quality of life in what was once a quiet, rural
environment, by someone who has blatantly ignored County rules and regulations for over 20
years. In our area, which is unincorporated, we entrust our County officials to protect our quality
of life. At the minimum, the agreement the County made with Mr. Weinreis in 1989 (attached)
should be enforced and the entire property examined to be in regulation with current codes.
00 0010
E
Pitco 0££ Road Center FAX N0. : 970- 925 -4709
Y}
John R. Guenther
135 Pickett Pin Ln.
Snowmass, Co. 81654
May. 16 2000 05:14PN P1
May 16, 2008
Community Development Department
130 S. Galena Street
Aspen, Co. 81611
Att. Mike Kraemer
Re: Weinreis Special Review, Case # P153 -07
Dear Mike,
Several of my neighbors have brought this to my attention regarding this application.
Although I have no personal problem with the Weinreis family (am concerned about
the county and Brad not sticking to the agreement signed in 1989 #89 cv35 which
states that the building in question was to remain forever an accessory building, I do
know that this structure has been lived in for sometime and that there seem to be
several other tenants as well on the property. I am dismayed that the county would
consider this as] believe that agreements are meant to be abided by as well as I
enjoy the rural characteristics of our area. So I ask you to uphold the existing in place
agreement.
Thank your e,
�l.bhn enther
000011
May. 'i6. 2008 10:11AM SREC No 1486 P. 3
In our view, the approval of a caretaker unit on this property is yet another "get out of jail card"
for this egregious repeat offender. It is a signal to him and others that there are no consequences
for violating agreements and ignoring laws. We are very concerned that with Mr. Weinreis'
history, any promises he makes to abide by stipulations concerning legalization of a caretakers'
unit, will be ignored, and again, be unenforceable by the County.
We appreciate your consideration.
Concerned neighbors in Snowmass Creek.
Ol��ty Zc..�roin�is L��,
00001`?
Ma Y. 12. 2008 12:11PV CREC No. 1410 P. 2
Snowmass Capitol Creek Caucus
May 12, 2008
Mike Kraemer
Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
Re: Weinreis, Case P153 -07
Dear Mike:
The Snowmass Capitol Creek Caucus Board reviewed this application for a Caretaker
Dwelling Unit by Brad Weinreis at our April 21, 2008 meeting.
We have read all of the materials concerning the suit filed by Pitkin County in 1989, in
which Mr. Weinreis agreed to the stipulation that this particular building be an accessory
building only, and not be used as a dwelling. The suit was filed because of violations of the
County Land Use Code by the applicant. Despite the suit and the resulting settlement, we
understand that Mr. Weinreis has continued to use this "accessory building" as a rental
duplex, which has had impacts on the neighbors by having three residential units where one
was allowed. There are negative impacts to the neighborhood from noise, dust and
excessive traffic. Law enforcement personnel have been called on more than one occasion to
settle disturbances coming from renters. We understand this situation has been ongoing
since shortly after the settlement.... a period of almost 20 years. Apparently, Mr. Weinreis is
not a man of his word.
In addition, we have serious concerns with regard to Pitkin County's ability to enforce the
current zone R -30 codes as they relate to this property. It is apparent that any occupancy
stipulations regarding the use of a legal CDU would be unenforceable by the County and
most likely ignored by the applicant.
000M
May. 1 . 200E 12:11Hi SREC No. 1410 P. 3
Given the above, the Caucus voted unanimously to deny this application. We request the
County bring this entire property into compliance and enforce the previous agreements
made between the applicant and the County. We do not feel the County should tolerate any
individual who undermines the codes, regulations and guidelines established by the County
to uphold the values that are important to its citizens.
Sincerely,
Steve Child
Land Use Committee Chair
Snowmass Capitol Creek Caucus
On behalf of Michael Kinsley, President
000E?1
MEMORANDUM
To: Mike Kraemer, Planning Department
From: Carla Ostberg and Nancy MacKenzie, Environmental Health & Natural
Resources Department
Date: May 5, 2008
Re: Weinreis Special Review for a Caretaker Dwelling Unit (PID 2467 -344-
00 -062; Case P153 -07)
-------------------------------------------------
-------------------------------------------------
SUMMARY OF RELEVANT PARTS OF APPLICATION The applicant is requesting approval
of a Caretaker Dwelling Unit (CDU). This dwelling was built in 1978 and has approximately
1056 square feet of living area. Another residence on the property, built in 1989, has
approximately 2200 square feet of living area.
DISCUSSION The Pitkin County Environmental Health & Natural Resources Department has
reviewed the details of the Weinreis Special Review for a Caretaker Dwelling Unit application
under the authority of the Pitkin County Land Use Code and the Pitkin County Onsite
Wastewater Treatment System (OWTS) Regulation effective March 8, 2008, and has the
following comments.
- -- WATER SUPPLY
There was no mention of the water supply in the application; however, the Individual Sewage
Disposal System (ISDS) permit filed with this Department indicates this property is served by
the Gateway Community Water System.
Condition of Approval: The applicant shall provide a letter from the public water system
confirming that it has sufficient water to supply the proposed caretaker unit.
- -- SEWAGE TREATMENT AND COLLECTION:
This Department has a record of the septic system that serves only the newest existing
residence. The system (Permit #83061) for this residence was installed in 1983. This system
was permitted to accommodate 2 bedrooms. In 1994, an addition and repair was made to the
existing system (Permit #94015) to accommodate 2 additional future bedrooms, for a total of 4
bedrooms. There is no record of any further connections to the existing onsite wastewater
treatment system (OWTS) or that the 2 additional bedrooms were constructed. This existing
system consists of one 1250 gallon tank from 1983, 1080 square feet of deep gravel trenches
from 1983, and 1260 square feet of Infiltrator trenches added in 1994.
This Department does not have enough information to evaluate the adequacy of an existing
system for the proposed CDU. There is no information on file for any other OWTSs on this
rimed m w rasa rare.
00001
property to serve other buildings, including the 1978 residence which is proposed as a CDU.
The applicant should consult with a Registered Professional Engineer (RPE) to determine the
approximate size and location of OWTS systems on the property and to evaluate the systems
for component integrity, sizing and compliance with regulations. The written report, along with
floor plans for both residences, must be submitted to this Department for further evaluation. If
there is an existing OWTS for the 1978 structure, a 30 year old system might need to be
replaced.
Condition of Approval: The applicant shall consult with a Registered Professional
Engineer (RPE) to determine the approximate size and location of the systems that serve
each residence. An OWTS application for the CDU, the RPE written report, along with
floor plans for both residences, must be submitted to this Department for further
evaluation. It must be possible for the EH /NR Department to issue an OWTS permit for
the CDU before final approval for the change in use to a CDU is allowed. It is possible
that there is not enough room on this property for an OWTS to serve the requested
caretaker unit. Use as a CDU shall not commence until the OWTS permit has received
final approval from EH /NR.
Primed m RxycW Payer
OF
000015
Page 1 of 1
Michael Kraemer
From:
Carrington Brown
Sent:
Monday, March 03, 2008 2:55 PM
To:
Michael Kraemer
Subject: RE: weinreis
Mike,
At 1:OOPM today inspected and confirmed that Brad's renter has moved out thus he has met the BOCC directive
to have 2 of the 3 tenants move outtoff his property. I don't recall any issues about structural compliance.
So, I leave it to you to talk with his attorney and take the application forward.
Rode the R80 GS to the Rifle area on Saturday, roads were fine, not much snow but plenty of mud, judging from
the muddy vehicles everywhere. And, the Yamaha dealer in Glenwood has a 2008 KLR650 in stock. Very
tempting!
-C
Carrington Brown
Pitkin County Code Enforcement
970 -429 -2814
970- 379 -6872
From: Michael Kraemer
Sent: Monday, March 03, 2008 9:12 AM
To: Carrington Brown
Subject: RE: weinreis
ok, but I'll wait to hear if this is true after your site visit today. Didn't he have to bring the the unit, structurally, into
compliance also?
My bro went biking in Green River yesterday Said it was dry as a bone over there.
Mike
From: Carrington Brown
Sent: Monday, March 03, 2008 8:52 AM
To: Michael Kraemer
Subject: weinreis
Mike,
I'll be inspecting Brad's place today but am confident the remaining unit was vacated 4 wks
ago. So, in case you haven't already, please put Brad's request for a CDU back into the
process so we can get this situation done with. Please let Brad's attorney know what the schedule, etc
now is.
Thx -C
Carrington Brown
Pitkin County Code Enforcement
970 -429 -2814
970 - 379 -6872
000001 0 4 zq
3/3/2008
OF COUNSEL
JOHN T. KELLY emmfaokglew.wm
STEPHEN R. CONNOR
ANNE MARIE MCPHEE
STACY FEINBERG•
WIi7NCY H. NELSON°
• Licensed In CA. Not IICensed M CO.
L.e dm TN Not Uc .d in CO.
October 5, 2007
VIA ELECTRONIC MAIL
Pitkin County Community Development
Attention: Mike Kraemer
City Hall
130 S. Galena Street, 3` Floor
Aspen, CO 81611
Re: Bradley Weinreis - Application for Caretaker Dwelling Unit — Parcel No. 246734400062 —
Withdrawal of Request for Variance Regarding Size of CDU
Dear Mike:
In our application packet submitted to you yesterday for approval of a caretaker dwelling unit on
Bradley Weinreis' property, we requested a variance for 56 square feet of floor area in excess of the
permitted 1000 square feet allowed for caretaker dwelling units. After speaking with you, we now
understand variances for the size of caretaker dwelling units are not granted. Therefore, we would like
to withdraw the request for the size variance. Mr. Weinreis will take other steps necessary to bring the
square footage of the structure into conformity with the Pitkin County Code.
Thank you for your help with this matter. Please let me know if you need anything further.
Very Truly Yours,
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
By
ne Marie McPhee
AMM /maf
cc: Brad Weinreis
Carrington Brown
00000`2
LAW OFFICES OF
GATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 E. HOPKINS AVENUE
ASPEN, COLORADO, 81611
LEONARD M.OATES
RICHARD KNEZEVICH
TELEPHONE (970) 9201799
TED D.. GARDENSWARTZ
FACSIMILE (979) 9201121
DAVID KELLY
KELLY
MARIA MORROW
OF COUNSEL
JOHN T. KELLY emmfaokglew.wm
STEPHEN R. CONNOR
ANNE MARIE MCPHEE
STACY FEINBERG•
WIi7NCY H. NELSON°
• Licensed In CA. Not IICensed M CO.
L.e dm TN Not Uc .d in CO.
October 5, 2007
VIA ELECTRONIC MAIL
Pitkin County Community Development
Attention: Mike Kraemer
City Hall
130 S. Galena Street, 3` Floor
Aspen, CO 81611
Re: Bradley Weinreis - Application for Caretaker Dwelling Unit — Parcel No. 246734400062 —
Withdrawal of Request for Variance Regarding Size of CDU
Dear Mike:
In our application packet submitted to you yesterday for approval of a caretaker dwelling unit on
Bradley Weinreis' property, we requested a variance for 56 square feet of floor area in excess of the
permitted 1000 square feet allowed for caretaker dwelling units. After speaking with you, we now
understand variances for the size of caretaker dwelling units are not granted. Therefore, we would like
to withdraw the request for the size variance. Mr. Weinreis will take other steps necessary to bring the
square footage of the structure into conformity with the Pitkin County Code.
Thank you for your help with this matter. Please let me know if you need anything further.
Very Truly Yours,
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
By
ne Marie McPhee
AMM /maf
cc: Brad Weinreis
Carrington Brown
00000`2
ANNE MARIE MCPHEE
STACYPEINBERG'
W1�rtnEYH NLL90N°
LrcenscC in C:A. Not lirensad in CO.
"Lbensed in TN Not tiwe ed in CO.
October 4, 2007
VIA HAND- DELIVERY
Pitkin County Community Development
Attention: Mike Kraemer
City Hall
130 S. Galena Street, 3` Floor
Aspen, CO 81611
Re: Bradley Weinreis Application for Caretaker Dwelling Unit — Parcel No. 246734400062
Dear Mika:
Enclosed is an application for approval of a caretaker dwelling unit at 1485 Snowmass Creek
Road, Pitkin County (Parcel No. 246734400062). The application packet consists of a 24" x 36"
imprcvement survey, copies of the stipulated settlement agreement and stipulated motion for consent
judgment in Case 89CV35, title commitment for the property which contains both proof of ownership
and a legal description of the property, vicinity map, aerial photo, signed fee agreement, list of adjacent
property owners, copy of the pre - application summary form, and a check made payable to the Pitkin
County Treasurer for $2,104.00. Four copies of the packet are provided.
The subject property is currently owned by Bradley Weinreis. Mr. Weinreis is seeking to have
an existing structure on the property designated as a caretaking dwelling unit. This structure, which has
1,056 square feet of floor area, was constructed in 1978 as a residence. In 1989, another structure was
constructed on the property, which has 2,200 square feet of floor area.
In 1989, Pitkin County filed suit against Mr Weinreis alleging violations of the County Land
Use Code because the new structure was larger than originally approved or permitted. Mr. Weinreis and
the County subsequently entered into a settlement agreement whereby Mr. Weinreis agreed the new
.structure would be converted and used as a residence and the older structure used as an accessory
building. Mr. Weinreis has used the new structure as a residence since 1990. The residential aspects of
000003
LAW OFFICES OF
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
PROFESSIONAL CORPORATION
THIRD FLOOR. ASPEN PLAZA BUILDING
533 E. HOPKINS AVENUE
ASPEN, COLORADO, 81611
LEONARD M Q TES
TELEPHONE (970) 920 1700
RICHARD A KNEZEVICH
FACSIMILE (970) 920 -1121
TED D. GARDF_NSWARl7
DAVID B. KELLY
MARIA MORROW
OF COUNSEL.
- T
amm(n)0kglaW.mm
JOHN KELLY
STEPHEN R. CONNOR
ANNE MARIE MCPHEE
STACYPEINBERG'
W1�rtnEYH NLL90N°
LrcenscC in C:A. Not lirensad in CO.
"Lbensed in TN Not tiwe ed in CO.
October 4, 2007
VIA HAND- DELIVERY
Pitkin County Community Development
Attention: Mike Kraemer
City Hall
130 S. Galena Street, 3` Floor
Aspen, CO 81611
Re: Bradley Weinreis Application for Caretaker Dwelling Unit — Parcel No. 246734400062
Dear Mika:
Enclosed is an application for approval of a caretaker dwelling unit at 1485 Snowmass Creek
Road, Pitkin County (Parcel No. 246734400062). The application packet consists of a 24" x 36"
imprcvement survey, copies of the stipulated settlement agreement and stipulated motion for consent
judgment in Case 89CV35, title commitment for the property which contains both proof of ownership
and a legal description of the property, vicinity map, aerial photo, signed fee agreement, list of adjacent
property owners, copy of the pre - application summary form, and a check made payable to the Pitkin
County Treasurer for $2,104.00. Four copies of the packet are provided.
The subject property is currently owned by Bradley Weinreis. Mr. Weinreis is seeking to have
an existing structure on the property designated as a caretaking dwelling unit. This structure, which has
1,056 square feet of floor area, was constructed in 1978 as a residence. In 1989, another structure was
constructed on the property, which has 2,200 square feet of floor area.
In 1989, Pitkin County filed suit against Mr Weinreis alleging violations of the County Land
Use Code because the new structure was larger than originally approved or permitted. Mr. Weinreis and
the County subsequently entered into a settlement agreement whereby Mr. Weinreis agreed the new
.structure would be converted and used as a residence and the older structure used as an accessory
building. Mr. Weinreis has used the new structure as a residence since 1990. The residential aspects of
000003
OATES, KNEZEVICH, GARDENSWARTZ & KELLY P.C.
Mike Kraemer
Pitkin County Community Development
October 4, 2007
Page 2
the original building, however, were never removed. This building is currently rented out as two
separate units. Mr. Weinreis is now seeking approval to have the original building designated as a
single caretaker dwelling unit and to bring it into conformity with the Pitkin County Land Use Code.
The Weinreis property is located at 1485 Snowmass Creek Road and contains approximately
2.15 acres. The area is zoned R -30. A vicinity map and aerial photo are attached for you reference.
Section 4- 30 -50(e) allows caretaker dwelling units within the R -30 zone district. The lot area
requirements are a minimum lot size of 30,000 square feet with a gross floor area exempt from GMQS
allocation of 5,750 square feet. The property contains 93,520 square feet and there is 3,256 square feet
of constructed floor area. Section 4- 30- 50(e)(1)(c) states that a caretaker dwelling unit may not have
more than 1,000 net square feet of livable space. The subject building, constructed in 1978, contains
1,056 square feet. Mr. Weinreis therefore requests a variance for the additional 56 feet in excess of the
County Code.
This application meets the requirements of section 2- 30 -30(h) of the County Code in that there
will be no physical changes or development at the property. Approval of the building as an accessory
dwelling unit should have no material impact on the surrounding area. Designating the building as a
caretaker dwelling unit is also consistent with the intent of the zone district. There is more than
adequate parking for the unit as a caretaker dwelling unit. In addition, because Mr. Weinreis will be
reducing the total number of residences and occupants at the property, there will be a reduced impact on
the public facilities and services that are currently serving the property.
Mr. Weinreis agrees that, in the event the County approves his application, there will be a deed
restriction on the unit limiting its use as a caretaker dwelling unit to be used as a residence for no more
than two adults and related children who qualify as employees of the community or are members of the
owner's immediate family. If rented, which rental shall be required, the rental term for the caretaker
dwelling unit shall not be less then six months.
In summary, because the building is already constructed and being used as a residence, there will
be no increase in activity at the property as a result of the building being designated as a caretaker
dwelling unit. Indeed, because the building is now serving as two separate residences and, with the
designation of the building as a caretaker dwelling unit serving only as a one single family residence,
activity at the property should be reduced. The deed restrictions agreed to by Mr. Weinreis will also
bring this unit into compliance with the Pitkin County Land Use Code. Therefore, we respectfully
request Community Development's approval of this application.
Thank you for your help and cooperation with this matter. Please feel free to call with any
questions.
000004
OATES, KNEZEVICH, GARDENSWARTZ chi KELLY P.C.
Mike Kraemer
Pitkin County Community Development
October 4, 2007
Page 3
Very Truly Yours,
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
ne Marie McPhee
AMM /maf
cc: Brad Weinreis (w/ encl)
Enclosures
000005
Page 1 of 1
Michael Kraemer
From: Anne Marie McPhee [amm @okglaw com]
Sent: Thursday, October 04, 2007 10:39 AM
To: Michael Kraemer
Cc: Carrington Brown
Subject: Bradley Weinreis
Hi Mike,
I just dropped off the packets. There is one thing I would like to note on the survey. The building next to the big
house is labeled a "house" on the survey. Deborah Weinreis confirmed to me this morning that it is not a house
and is just a shed. Please let me know if you need to have that corrected or if the ones in the packet are
adequate.
Thanks for all your patience with this.
Anne Marie McPhee
Oates, Knezevich, Gardenswartz & Kelly, P C.
533 E. Hopkins Avenue, Third Floor
Aspen, Colorado 81611
(970) 920 -1700
(970) 920 -1121 telefax
This message is intended only for the individual or entity to which it is
addressed and may contain information that is confidential and exempt from
disclosure pursuant to the attorney - client and attorney work product
privileges or as otherwise provided by law. If the reader of this message is
not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have received this communication in error, please notify us immediately by
reply e-mail and destroy all electronic and hard copy versions of this
message and all attachments.
10/4/2007 000006
m 589 �tl
+il.l.0 I.+ i,1`�i�ICi CGGkI
DISTp1( -? COURT, COUNTY OF PITKIN, STATE OF COLORADO wjp T 3X989
Civil Action No. 89 CV35
rn!7a1 'r'; .IFtdl.. lid. Let
STIPULATED SETTLEMENT AGREEMENT
E
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,
v
Plaintiff,
fR 2C
1
V. of r
Y <
W <> C
BRADLEY WEINREIS, Ln y° W
m
Defendant.
a
o �
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s
The Plaintiff, Board of County commissioners of Pitkin
County, Colorado ( "BOCC"), by
and through their attorneys Timothy
E. Whitsitt and Susan W. Snyder,
and the Defendant Bradley
Weinreis hereby agree and stipulate as follows:
Bradley located thereon, �describpd property and a,]
follows..,
A parcel of land situated in Tract 81 and Tract 82 of
Section 34, Township 8 South,
Range 86 West of the Sixth
eSnowmasslyMesa
Gateway to Easterly
parcel is described,
t
as follows:
Beginning at a brass cap found in Place and
marked for Angle Point
No. 4 of Tract No: 75 inPsa
Section, 34 of said Township and
Range, thence S.
21'29120" W. 549.14 feet to a point on tha Easterly
line of said
,
Gateway of Snowmass Mesa Subdivision,
being also the center
of a 40 -foot easement and the
Northwest corner of property described in deed
recorded
Point a Of Beginning thence 5 W. a
N. 07 259.59 feet
along the Easterly line of said subdivision
A 4
and center
Of said 40 -foot easement to the Southwest
corner of
property described in deed recorded October 22, 1979 in
Book 377
at Page 965; thence along the Southerly line
of said property N. 89'59
E. 328.41 feet and N.
84 E. 20.82 feet to the Northwest
corner of
property described in deed recorded June 12, 1978 in
Book 349
at Page 663; theatre S. 13 E. 266.99
feet to a point in the
{
!
center of a 40 -foot easement and
Cw+WW 0 b" a trw std GWR*k W" 1
of akl"d = 8N :n dw Divj* Coma cr Cast•, CWo �d
Dtaa J" �
00000
2. Bradley Weinreis predecessor in interest sought and
received approval to construct an accessory builciing on the
Property through the Pit:cin county Building Permit process ti
governed by Section 18 -2 of the Land Use Code.
m 589 F GGA V
the Nurtheast corner of property described in deed
recorded February 1, 1972 in Book 261 at Page 153;
thence S. 89'59 W. 377.71 feet along the center of
a 40 -foot eassmant to a point on the Easterly line of
said Subdivis.on, the True Point of Beginning,
containing 2.15 acres, more or less,
all in the County of Pitkin, State of Colorado, also known
as 1485 Snowmass Creek koad, Snowmass, Colorado 81654 ( "the
Property ") .
3. Bradley Weinreis hes caused to be partially constructed
on tha Property a structure (hereinafter "the Structure ") which
is significantly different from and larger than tt:e proposed
accessory building for whicA plans were approved by the Pitkin
County Building Department.
4. Said Structure violatas height and other requirements
accessory buildings contair.ed in Title I1 of the Pitkin
:y Code (hereinafter "Land Usa Code"),
5. Bradley Weinreis applied for a variance for the
Structure with the County Board of Adjustment, which application
was denied.
6. The County has filed a conplaint for injunction in the
District Court for Pitkin County, Civil Action No. 89 CV 31_
to prevent further violation of the Land irae Code by Bradley
Weinreis and to, require that the structure be brought into
compliance with the Land Use Code.
The parties are c
further litigation
Now therefore, Bradley Weinreis :•ereby
his heirs, administrators, successors and
the Structure into his main residence.
9. Bradley Weinreis hereby agrees for himself, his heirs,
administrators, successors and assigns to submit applications for
all necessary County permits and approvals to convert the
Structure into a residence, with plans conforming to all
applicable building and zoning requirements
Code. under the Land Use
10. Bradley Weinreis hereby agrees for himse.].f,
administrators, successors and assigns to convert the
unK 589 PAGE413
which currently exists on the Property to an accessory building
on or before September 1, 1989.
11. Bradley Weinreis hereby agrees for himself, his heirs,
administrators, successors and assigns, to provide a property
survey for the Property on or before September 1, 1989, which is
certified by a registered surveyor and no more than one year old
from the date of this Stipulated Settlement Agreement, and which
existing he
g residence. e. The h S tru c ture
ehe ghtofthe a caenot
twenty -eight (28) feet at the midpoint and thirty -three (33) feet
at the peak of the roof from the natural existing grade. The
currently existing residence, which shall be converted to an
accessory building, cannot exceed twelve (12) feet at the
midpoint and seventeen (17) feet at the peak of the roof.
12. Bradley Weinreis hereby agrees for himself, his heirs,
administrators, successors and assigns to remove from the
currently existing residence all kitchen facilities and plumbing
fixtures except for one sink and one toilet and to forego any
use of this structure as an additional residence on or before
September 1, 1989. The existing bathtub need not be physically
removed, so long as it is disconnected from the water and sewer
lines. Furthermore, Bradley Weinreis hereby agrees for himself,
his heirs, administrators, ,successors and assigns to cause an
irrevocable letter of credit to be issued on or before March 31,
1989 for the benefit of Pitkin County in the amount of $5,000.00
drawn on the Central Bank of Glenwood Springs, 802 Grand Avenue,
Glenwood Springs Colorado, to further assure the faithful
performance of this Agreement.
13. Bradley Weinreis hereby agrees for himself, his heirs,
awninistrators, successors and assigns to allow county
representatives to inspect the Property to insure continued
compliance with the above- stated`conditions.
14.. Bradley Weinreis hereby consents for himself, 1 -ie
heirs, administrators, successors and assigns to judgment being
entered against him on Plaintiff's Verified Cor. "laint for
Injunction, Pitkin County District Court, Civil Actiol
35 No. 89 CV
15. In the event of non - compliance with.any of the terms or
conditions of this Stipulated Settlement Agreement, the Pitkin
County Attorney or County zoning official shall file an affidavit
of non - compliance with the Court and seek ,enforcement of the
injunction.
s:r
- 7
I�
� My. , .? � 4 R� '!'oY{:w'^r/.i�+ W v !• .. +a "T �.ww� ... ..r'�. u..�.a.. M4 a.....u4 r � ..� _.+. .
a me 589 PAGE414
Dated this �
,�.Y — day of _ %�- . c., 1x89.
ss2.5
t
Bradl y Weinreis
P. O. Box 35
Snowmass, Colorado 81654
(303)927 -3515
Timothy E. Whitaitt, 8.'05692
Susan W. Snyder, No.` 16214
Assistant Pitkin County Attorneys
530 Bast Lain Street
Suite I
Aspen, Colorado 81611
(303)920 -5190
i
v
1
t
1
1
4
i
ci U J L iJ
\ya
PW
I hereby certify that on this 13th day of March, 1989,
a true and correct copy of the foregoing Stipulated Settlement
Agreement was served by placing the same in the U.S. mail,
postage pre -paid, to the following:
Arad Weit,reis
P. O. Box 35
Snowmass, Colorado 81654
ss3.13
000011 "°
•
r
�y� a
.S
1
a.
BOOB
589
PAGE415
CERTIFICA
O F SERVICE
I hereby certify that on this 13th day of March, 1989,
a true and correct copy of the foregoing Stipulated Settlement
Agreement was served by placing the same in the U.S. mail,
postage pre -paid, to the following:
Arad Weit,reis
P. O. Box 35
Snowmass, Colorado 81654
ss3.13
000011 "°
•
r
�y� a
.S
1
a.
' �° r.... �,. �K... �w:. ....... �y,.... wn...... r�.. r. Y. 4MM+' a. Y.......�.....w...,.A....o-.w.r ., .w a. .. ,.�, ....._..w. .. ... . .r
Pax 5S9 oacE RED IN 0WICi COURT
PtTKIN BJUNTY
AS PLN. CCLOFA:10 ....
DISTRICT COURT, COUNZi OF PITKIN, STATE
Civil Action No. 89 CV
OF COLORADO
JEWXK Clak
STIPULATED MOTION FOR CONSENT JUD MENT
BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO,
CJ
Plaintiff,
-
2N
•�
!
V.
0
BRADLEY WEINREIS,
to
T <
V3
Defendant.
=
o �,
O
a
Plaintiff, by its attorneys, Timothy E. Whitsitt and Susan
W. Snyder, Assistant County Attorneys, and Defendant Bradley
Weinreis, hereby jointly request that the Court issue judgment on
Plaintift's claims against Defendant in the above- captioned
action for injunctive relief. As grounds therefore, the parties
state:
1. The parties executed a Stipulated Setrlement Agreement
on or about February 27, 1989, whereby Defendant agreed to
consent to judgment in the above- captioned action.
2. ho further proceedings are necessary to resolve any
issues rais -ad by the pleadings filed in this zase.
Respectfully submitted this.,
1989. day of
Bradley Weinreis
P. 0. Box 35
Snowmass, Colorado 81654
(303)927 -3513
Defendant
ss2.6
00001?
Timothy E. Whitsitt , #05962
Susan Snyder, #016214
Assistant Pitk.in County Attorneys
530 East Main Street, Suite I
Aspen, Colorado 81611
(303)920 -5190
Attorneys for Plaintiff
c "Iffid to um AnJ aomyN4 ow
ut��I in t'a DWtbt Coon
of PltftM . C' ?�
DoI�J
ri
x
Lgip)
jnsurance GT rqq
A 1/fpN4tR1� IX1fnANf
ALTA Commitment For Title Insurance
American Land Title Association
(1966)
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3"FLOOR
ASPEN, COLORADO 81611
970 - 925 - 1766 -PHONE
970 - 925 - 6527 -FAX
877 - 217 - 3158 -TOLL FREE
E -MAIL ADDRESS:
TITLE MATTERS: CLOSING MATTERS:
Vince Higens- vince@sopris.net TJ Davis- gd@sopris.net
Tom Twitchell- tomt@sopris.net Joy Higens- joy@sopris.net
Brandi Jepson- brandi@sopris.net (Closing & Title Assistance)
Leigh Nokes- leigh@sopris.net (general office assistance)
Issued By
W- ver8TileInsurance n
Home Office:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235 -5153
1- 800 -446 -7086
B 1004 -268
000013
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: September 7, 2007 at 8:00 AM
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992
Proposed Insured:
PROFORMA
(b) ALTA Loan Policy -Form 1992
Proposed Insured:
Case No. PCT21657PRO
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$ 0.00
Premium$ 0.00
Rate:
(c) ALTA Loan Policy -Form 1992
Proposed Insured:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
BRADLEY D. WEINREIS
4. The land referred to in this Commitment is situated
in the County of PITKIN State of COLORADO
described as follows:
and is
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
SChedUle A -PG.1
601 E. HOPKINS, ASPEN, CO. 81611
970 - 925 -1766 Phone /970- 925 -6527 Fax
This Commitment is invalid
877 - 217 -3158 Toll Free
unless the Insuring
Provisions and Schedules
AUTHORIZED AGENT
A and B are attached.
Countersigned:
000014
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated in Tract No. 81 and Tract No. 82 of Section 34, Township 8
South, Range 86 West of the 6th P.M., lying Easterly of the Easterly line of Gateway of Snowmass Mesa Subdivision First
Filing, said parcel is described as follows:
Beginning at a brass cap found in place and properly marked for Angle Point No. 4 of Tract No. 75 in said Section 34 of
said Township and Range, thence S21 W. 549.14 feet to a point on the easterly line of said Gateway of Snowmass
Mesa Subdivision; being also the center of a 40 -foot easement and the Northwest corner of property described in Deed
recorded February 1, 1972 in Book 261 at Page 152 and the True Point of Beginning; thence N07 °57'23" W. 259.59 feet
along the easterly line of said Subdivision and center of said 40 -foot easement to the Southwest corner of property
described in Deed recorded October 22, 1979 in Book 377 at Page 965; thence along the Southerly line of said property
N89 0 59'31" E. 328.41 feet and N84 °30'00" E. 20.82 feet to the Northwest corner of property described in Deed recorded
June 12, 1978 in Book 349 at Page 663; thence S13 0 59'00" E. 266.99 feet to a point in the center of a 40 -foot easement
and the Northeast corner of property described in Deed recorded February 1, 1972 in Book 261 at Page 153; thence
S89 0 59'31" W. 377.71 feet along the center of a 40 -foot easement to a point on the easterly line of said Subdivision, to the
True Point of Beginning.
0000jr
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to -wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
0000? 6
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded July
29, 2035 in Book 55 at Page 314.
8. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded
October 14, 1904 in Book 55 at Page 511.
9. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy
Cross Electric Association, Inc., in instrument recorded January 2, 1970 in Book 245 at Page 696.
10. Terms, conditions, provisions and obligations as set forth in Stipulated Settlement Agreement recorded
April 5, 1989 in Book 589 at Page 411 and Stipulated Motion for Consent Judgment recorded April 5, 1989
in Book 589 at Page 416.
11 Terms, conditions, provisions and obligations as set forth in Assignment of Leases recorded July 01, 1993
in Book 716 at Page 790 and in Lease Agreements recorded July 01, 1993 in Book 716 at Page 793 and
in Book 716 at Page 795.
12. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded April 3, 2000
as Reception No. 441927.
13. Easement along the Southerly and Westerly 20 feet of subject property as described in legal description of
subject property.
000017
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000018
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY ") and BrtcA 1 L-4
(hereinafter "APPLICANT ") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for 13 "J I e H "" L' ✓n S
t pre }gkc� D w c11 h � u ni l" (hereinafter, the "PROJECT").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32 -2002 establishes a fee
structure for land use applications and the payment of all processing fees is a condition precedent to a determination of
application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the
cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the
expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it
may not be possible at the time of application to ascertain the full extent of the costs involved in processing the
application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to
enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full
fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $
which is based on — hours of staff time, and if actual time spent by staff to process the application exceeds the average
number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent.
Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY Bv1211ty
( "APPLICANT ")
Cindy Houben
Community Development Director
By:
Print Name and Title (if applicable)
Date:
Mailing Address:
) Pox 5
5n0w.nws3 co 87 L
000020
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Adjacent Property Owners
Mark McMahan Living Trust — 1461 Snowmass Creek Rd.
Mailing: JMJ Ranch
930 W. Potrero Rd.
Thousand Oaks, CA 91361
Karen Connington — 37 Picket Pin Lane, Snowmass, CO 81654
0
Johan U. and Katie C. Morlind — 75 Picket Pin Lane, P.O. Box 291, Snowmass, CO 81654
Resnick Kornblum Trust —151 Picket Pin Lane, Snowmass, CO 81654
Georges N. His — 146 Picket Pin Lane
Mailing: 109 Wisteria
San Antonio, TX 78213
Fred and Jayne Mosher — 34 Weinreis Ct., Snowmass, CO 81654
Kathleen Ann DeWolfe — 24 Weinreis Ct., P.O. Box 253, Snowmass, CO 81654
Deborah Lasser — 1469 Snowmass Creek Rd., Snowmass, CO 81654
000021
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PITKIN CO UNTY PRE - APPLICATION CONFERENCE SUMMARY
a Aiv,.: ivoj , ) iiuwmass ureex xoaa
ZONING: RS -30
OWNERS: Brad Weinreis
DATE: May 30, 2007
Type of Application: Special Review for a CDU
P1D# 2467- 344 -00 -062
PHONE and EMAIL: 927 -4263
PO Box 5 Snowmass, CO 81654
PLANNER: Mike Kraemer. 920.5482
Description of Project /Development: The Applicant is looking to remedy a violation of more than one dwelling on a
parcel zoned for one single family residence. An application must be submitted by jul -
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2- 30- 30(h): Special Review for a CDU
Sec. 4- 30- 50(e)(1)(2): Caretaker Dwelling Unit
Sec. 6- 30 -40.c, GMQS Exemption for CDU
Sec. 2- 40- 20(f): Additional Special Review Procedures for CDU's
Staff will refer the application to the following agencies: Housing, EH/NR (Carla), and Snowmass /Capitol Caucus.
Review by: Community Development Director
Public Hearing: No. However the Applicant shall post a public notice sign on the property at least 15 days prior to the
date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the
Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return
address of the Community Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more
than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks
from the date the notice was postmarked to submit comments or objections to the Community Development Department.
FEES: $2,104 (make check payable to " Pitkin County Treasurer ")
• Planning Office flat fee: $1,356 (non - refundable; based on 3 hours of Staff time. If staff review time exceeds 3.6
hours, the Applicant will be charged for additional time above 6 hours at a rate of $231/hour)
• Housing Referral Fee: $166
• EH /NR: $502
• Public Notice Fee: $50
*Fees double for violations*
To apply, submit 4 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. 24" x 36" site plan as designated in Sections 2.1.3 of the Pitkin County Land Use Application Manual;
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Parcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. List of all adjacent property owners and mineral estate owners (1 copy)
10. Copy of this preapp form (1 copy)
NOTES
00 0023
➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETEAPPLICATION. PLEASE SUBMIT TWO COPIES
INCLUDED INY INGCOPIES OURAPPLICA TION. YOUR APPLICATION(IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS
INCLUED INYTI
➢ 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.
000024
PUBLIC NOTICE
RE: Weinreis Special Review for a Caretaker Dwelling Unit (Case P153 -07)
NOTICE IS HEREBY GIVEN that an application has been submitted by Brad Weinreis
(P.O. Box 35, Snowmass, CO 81654) for Special Review for a CDU. The property is
located at 1485 Snowmass Creek Road and is legally described as a parcel of land
situated in Tract No. 81 and Tract No. 82 of Section 34, Township 8 South, Range 86
West of the 6` P.M. The State Parcel Identification Number for the property is 2467-
344 -00 -062. The application is available for public inspection in the Pitkin County
Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611.
For further information, contact Mike Kraemer at (970) 920 -5482.
Published in the Aspen Times Weekly on April 13, 2008.
Attention Adiacent Property Owners
A property owner receiving this public notice shall provide comments or objections to the
Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611,
By May 16, 2008. If any objections to the development application are received the
Community Development Department shall continue the application to a public hearing
before the Hearing Officer.
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
April 1, 2008
Anne McPhee
533 East Hopkins Ave.
Aspen, C081611
Re: Weinreis Special Review for a Caretaker Dwelling Unit
(PID #2467 - 344 -00 -062; Case# P153 -07)
Dear Ms. McPhee:
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.
1. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property
owners with the return address of the Community Development Department (copy of notice will be
mailed to you by the Community Development Department) by (15 days out) April 13, 2008. 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 mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice shall provide comments or objections to the Community Development by (30
days out) 16 day of May, 2008. If any objections to the development application are received by this
date, the Community Development Department shall continue the application to a public hearing before
the Board of County Commissioners.
2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 28 day of April, 2008, which is at least fifteen (15) days prior to the (30 day out)
May 16, 2008. This must be submitted prior to any approvals being granted.
If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2 -20 -100 & 2 -40 -20 (F) CDU Notice
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX4 (970) 920 -5439
MEMORANDUM
To: Pitkin County Housing
Environmental Health and Natural Resources
Snowmass /Capitol Creek Caucus
FROM: Mike Kraemer, Community Development Department
Re: Weinreis Special Review for a Caretaker Dwelling Unit
(PID 2467- 344 -00 -002; Case P153 -07)
DATE: April 1, 2008
Attached for your review and comments are materials for an application submitted by
Brad Weinreis. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Friday, May 16, 2008.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
OMUNITY DEVELOPMENT DEPAgT
130 South Galena Street T
Aspen, Colorado 81611
(970) 920 -5526
Land Us Plain County
210
LUCO1
193
194
208
198
190
209
206
170
105
120
195
115
150
110
130
152
158
e .
Board of Adjustment
County Land Use Code
Flat Fee
Zoning and Sign
Public Notice+
Planning Enforcement
Hearing Officer
172
159
174
162
169
160
175
Referral Fees:
Airport
County Cl
Count Engineer
Environmental Health
Historic
Housing
Land Management
Redstone HPC
Wildlife Officer
Building Fees:
Board of Appeals
Building Permit
Electrical Permit
Energy Code Review
Mechanical Permit
Plan Check
Plumbing Permit
Remspection
AVFD Fire Marshal
BFD Fire Marshal
TOTAL,
J
NAME:
ADDRE /PRO,lECT f
CAS /PERMIT1t
DATE:
NOUN I
NIT
Other Fees:
155
Use Tax
165
Copy
PZ005
Master Plan Copy
185
Park Dedication
is
1
GIS Requirements
B1212 02
Housing Impact Fee
B1203
Road Impact Fee
EHO25
School Impact Fee
Other
Air quality Impact Fee
TOTAL,
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NAME:
ADDRE /PRO,lECT f
CAS /PERMIT1t
DATE:
NOUN I
NIT