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Home My WebLink Aboutbocc.res.056.2008RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING SPECIAL REVIEW APPROVAL TO THE COATES/EUBANK CARETAKER DWELLING UNTTS Resolution No~ -3995 ~~a ~ RECITALS Neligh C. Coates Jc Trust Number 2 and Betty B. Coates Trust Number 2(owners of Parcel 1) and B. Dale Eubank (owner of Parcel 2) ("Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for special review approval to retain and deed restrict two existing residences as caretaker dwelling units. Approvals have been granted for new single family residences on each of the two parcels; it was originally anticipated that the existing residences would be removed, but the Applicant now proposes to retain and deed restrict them as caretaker dwelling units. Z. The Land Use Code authorizes approval of CDUs by the Community Development Director. However, a public hearing before the BOCC is required if any objections are received from the adjacent property owners. An objection to the application has been submitted by Edmund Ruffin; therefore, the application is being considered by the BOCC. 3. The parcels are bcated at 220 and 240 Doc Henry Road, and are more specifically described in Eshibit A. 4. The parcels contain 2317 and 2.897 acres, respectively, and are nonconforming size parcels in the AFR- 10 zone district. 5. The Hearing Officer granted 1041 hazard review and conceptual submission approval to establish building envelopes on both parcels on the lower bench adjacent to the river, pursuant to Determination No. OS-2005. The Hearing Officer also granted Special review and GMQS exemption approval to establish the pazcels as TDR receiver sites to allow up to 8,250 square feet of floor area on each parcel. The BOCC granted an extension of vested rights, pursuant to Resolution No. 117- 2007; the vested rights expire on December 15, 2008. The Community Development Director subsequently granted approval, pursuant to Administrative Decision No. 17-2008 to amend the bt line between the parcels, to reconfigure the building envelopes for the new residences, to establish building envelopes for the existing houses (to accommodate retention of the units, if approved as caretaker dwelling units) and to establish landscape, utility and access envelopes; the amended site plans have not yet been recorded. 6. The BOCC heard this application at a duly noticed public hearing on May 28, 2008, at which time evidence and testimony was presented with respect to the applicatiou. 7. The BOCC finds that the caretaker dwelling units comply with the special review criteria of the Code, are consistent with the character of the surrounding area, and that the impacts of the units can be mitigated. S. The BOCC fuRher finds that the proposed use will preserve existing dwelling units, which may be occupied by qualified residents. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant special review approval of the Coates-Eubank Caretaker Dwelling Units, subject to the following conditions, which shall run with the land and be binding on all successors in interest: RECEPTION#: 550137, 06/09/2008 at 01:01:11 PM, 1 oF a, R$0.00 Doc Code RESOLUTION Janice K. Vos Caudiil, Pitkin County, CO Resolution Nof/i~ -2008 Page 2 l. The Applicant shall adhere to all material representations made in public hearings and in the application. 2. The Applicant shall comply with the conditions of Hearing Officer Determination No. OS-2005, BOCC Resolution No. 117-2007; and Administrative Decision No. 17-2008. 3. The caretaker dwelling units shall be limited to 1,000 net livable square feet The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of two off-street parking spaces shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 4. Prior to issuance of a building permit application for the new residence on each pazcel, the Applicant shall provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for inigation purposes, if applicable, to the Environmental Health and Natural Resources Department. The water supply shall be demonstrated to be adequate for two dwelling units. 5. Prior to recordation of caretaker dwelling unit deed restrictions for the residences, the Applicant shall obtain building permits to modify the residences such that the caretaker dwelling units contain no more than 1,000 net livable square feet. 6. Prior to issuance of a Certificate of Occupancy for the new residence on each parcel, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction for the existing residence. The deed restriction shall provide that the unit shall not be occupied by more than three people. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. 7. Prior to issuance of Certificates of Occupancy for the caretaker dwelling units, the Housing Office shall inspect the units. 8. The floor area of the caretaker unit shall be included in the total allowed floor area for the parcel. 9. The caretaker unit on Parcel 1 shall be primarily accessed via the driveway on Parcel 2. Approval of this resolution does not confer any right [o continue to use the existing access to Parcel 1 across the neighboring parcel. 10. Statutory ves[ed rights for the approval contained herein are granted pursuant to the Pitkin Counry Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, S 4-140 and C.RS, S 24-68-105. The statutory vested rights granted herein shall expire on May 28, 2011. ~ Resolution No.~j~ -2008 Page 3 APPROVED AND ADOPTED on the 28°i day of May, 2008. PUBLISHED AFTER ADOPTIO,N FOR VESTED REAL PROPERTY RIGHTS in the Asoen Times Weeklv on the,'C~_"~day of ~vk ~, 2008. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO ~-_ _ ~ John EI , C ttomey Case #P012-08 PID #264309300007 & 264309300013 (~ ~ 7 ~ ~~ By ~ ;,~ ~<_r~ ~fi~ Jack Hatfield, C) airman Date f % >~" ~ APPROVED AS TO CONTENT: ~~~~~ ~~~~~ ~ ~~ Ciiid ouben, Community Davelopment Director 3 APPROVED AS TO FORM: 1 y / ~ ~ ,-'/- - . ~~. PARCELI: . EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in Lot 14 of Section 9, Township 9 South, Range 85 West of the 6th Prin~ipai Meridian, descrihed as follows: . Beginning at a point whence the Ouarter Corner common to Section 9 and 16, Township 9 South, Range 85 West of the 6th Principal Meridian bears N 76°16' E 30.00 feet and S 65°08' E 1510.74 Feet; thence 31°10'30" W 45Q29 feet to a point in center of the Roaring Fork River, thence N 61 °33' W 12.88 feet afong the center line of said river; thence N 74°20' W 130.36 feet along the center line of said river, thence N 52°25' W ~03.25 feet along the center line of said ri~er, thence N 23°28' W 168.11 feet along the center line of said river, , thence N 76°16' E 533.91 feet to the paint of beginning. PARCEL 2: A tract of land situated in Lots 13, 14 and 15, Secfion 9, Township 9, 5outh, Range 85 West of the 6th Principal Meridian, described as follows: ~ Beginning at a point whence the South ~uarter comer of said Section 9 bears S 65°08' East 151~.74 feei; thence S 76°~6' West 563.91 feet to the center of the Roaring Fork River, thence N 23°28"W 129.53 feet afong center of the Roaring Fork River, thence N 28°12' W 11.13 feet along center of the Roaring Fork River, thence N,43°57' E. ~41,68 feek . thence S 35°57' E 488.38 feet; thence S 55°21' W 239.33 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM: Part of a tract of land situated in Lots 13, 14 and 15, Section 9, Township 9 South, Range 85 West of the 6th Principal Meridian, described as follows: Beginning aC a point whence the South Quarter corner of said Section 9 hears S 63°59' East 1493.59 feet; thence N 65°OB' W 44.12 feet; thence N 55°27' W a0425 feeZ thence N 43°ST E 364.29 feet; thence S 35°ST E 486.77 fee~ thence S 55°21' W 202.89 to the POINT OF BEGINNING. ~ ~~ S« ~ ~ ITKIN COUNTY CO I R 0.00 nnn»~R