HomeMy WebLinkAboutpitkin.planning.264322110004 (2)DOCUMENT 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 copies (llxl'n
'.
Marie Swalm 1972'
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0187 W Lupin
7/23/2008 9 ~ ~ P093-OB
~foraCaretaker Dwellino Unit F+(.i+F14'. Cari Anne Hnlnnmh
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ADMINISTRATIVE DECISION OF THE COMMiJNITY DEVELOPMENT DIRECTOR
OF PITKIN COUNTY, COLORADO APPROVING THE LISA MARIE SWALM 1972
TRUST SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT
Administrative Decision No. / L/_-2008
RECITALS
]. Lisa Maria Swalm 1972 Trust ("Applicant") has applied to the Community Development
Director of Pitkin County, Colorado, for approval of a 1000 square foot Caretaker
Dwelling Unit ("CDU").
2. The property is located at 0143 Red Oak Lane and is more specifically described in Exhibit
A.
3. The parcel is zoned RS-20 and contains 20.72 acres.
4. The parcel currently has an existing legal residence on the property
5. The 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. No objections were received in
30 days from the date the notice was posted.
6. The Housing Office recommends approval of the caretaker dwelling unit.
7. The Director finds that the Lisa Marie Swalm 1972 Trust CDU complies with applicable
standards of the Land Use Code found at Subsections 4-30-50(e)(1)(Z), 2-30-30(h), 6-30-
40(c), and 2-40-20(f).
THE DIRECTOR DOES HEREBY APPROVE the Lisa Maria Swalm 1972 Trust request for a
CDU, subject to the following conditions:
1. Applicant shall adhere to all material representations made in the application.
2. This approval shall repeal and replace BOCC Resolution No. 98-21.
3. The CDU shall not exceed 1000 net livable square feet of floor azea, which shall count
towazd the total allowable floor area for the lot.
4. Applicant shall submit for and obtain Site Plan Review approval prior to building permit
submission for the CDU.
5. Prior to issuance of a building permit for the caretaker unit, the Applicant shall:
A. Provide proof of adequate water supply (in terms of quantity and availability) for
domestic and fire protection purposes, and for irrigation purposes, if applicable, to
the Environmental Health and Natural Resources Department. The water supply
shall be demonstrated to be adequate for two dwelling units.
RECEPTION#: 553317, 10/02/2008 at
10:22:33 AM,
1 of 4, R $0.00 Dac Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
B. Obtain a permit approval from the Environmental Health and Natural Resources
Department to expand the on-site wastewater treatment system, if required. The
system shall be located within the approved building envelope.
C. Submit a construction management plan for review and approval by the Planning
Engineer.
D. Pay the applicable road and employee housing impact fees.
E. Submit a drainage and erosion control plan for review and approval by the
Planning Engineer.
F. Obtain fireplace/woodstove permits from the Community Development
Department, if necessary.
6. Prior to the issuance of a building permit for the caretaker unit, the Applicant shall obtain
and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor
plans of the CDU shall be submitted to the County Housing Office for review along with
the deed restriction.
7. When a building permit application is submitted for new or additional development, the
Applicant shall comply with the applicable codes and requirements of the Aspen Fire
District, which may include access and adequate turnaround area, fire sprinkler systems and
a minimum 20,000 gallon water supply.
8. The kitchen shall contain the following, as defined in the Aspen/Pitkin County Employee
Housing Guidelines:
a) A minimum of a two-burner stove with at least a 5 cubic foot oven which can
bake and broil;
b) A sink of at least 14"W x 16"D x 5.25"H;
c) A refrigerator with a minimum capacity of 5.3 cubic feet and a freezer with a
minimum capacity of .73 cubic feet.
9. A minimum of two (2) off-street parking spaces shall be provided for the unit.
10. The caretaker dwelling unit must have sepazately accessible utilities. This does not
preclude shared utilities.
11. The Applicant shall, by deed restriction or other permanent commitment running with the
land, guarantee that the caretaker unit:
a. Shall not be required to be rented;
b. Shall not be sold or otherwise conveyed or sepazated 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.
12. No development shall occur outside the approved envelope, with the exception of
vegetation removal necessary to comply with wildfire mitigation measures previously set
forth for the site. No structures shall be permitted outside of the approved activity
envelope. Applicant shall be required to obtain an Earthmoving Permit for any work
outside the approved envelope.
13. All areas disturbed by construction shall be re-vegetated with only native vegetation as
listed in the Pitkin County Revegetation Guideline within one growing season of the
project's completion.
14. 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.
I5. 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.
16. 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.
17. 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.
18. 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 the Pitkin County Land Use Code § 2-20-170 and C.R.S., § 24-68-105. The statutory
vested rights granted herein shall expire on yGr . t , 2011.
APPROVED by the Director, this ~ day of , 2008.
C~
Cin y Houben,
Community Development Director
P093-08
22643-221-10-004
EXHIBIT A
-DESC: TRACT 4 AMENDED WHITE STAR
'RANCHES SUBDIVISION & PUD AS DESC
IN PLAT BK 17 PG 32
MEMORANDUM
TO: Cindy Houben, Community Development Duector
FROM: Cari Anne Holcomb, Planner
DATE: September 16, 2008
RE: Lisa Maria Swalm 1972 Trust Special Review for a Caretaker Dwelling Unit
SUMMARY: The Applicant requests Special Review approval fora 1,000 square foot Caretaker
Dwelling Unit. In addition to the existing storage shed/baru, there is an existing residence with an
attached garage and office, and a small, non-habitable cabin on the property for a total of 8,613 square
feet of development.
APPLICANT: Lisa Marie Swalm 1972 Trustl Lisa Frantz
REPRESENTATIVE: Gratfon Smith
LOCATION: 0143 Red Oak Lane, PID #2643-221-]0-004
ZONING/LOT SIZE: RS-20/20.74 acres
EXISTING CONDITIONS/BACKGROUND: The Parcel was legally created pursuant to BOCC
Resolution No. 80-84. The property was subject to Special Review in 1998 fora 700 syuare foot CDU,
pursuant to BOCC Resolution No. 98-21. The proposed CDU was to be attached to the existing storage
shed barn on the East side of the property, but was never actually constructed. Vesting expired in
February 2001. Per the Resolution one condition of approval was that the proposed renovation of the
existing wood cabin shall not be such that the cabin can be used as a dwelling unit. ht 2007, the Applicant
applied for Rural Growth Management Competition and a CDU; because the GMQS portion of the
application failed to meet the minimum thresholds both requests were denied. The applicant has chosen this
time to submit the two applications separately.
REFERRALS:
Comments from the Woody Creek Caucus District Planning Commission and Housing Office are
attached for reference, and are addressed in the staff comments below.
STAFF COMMENTS:
Special Review for a Caretaker Dwelline Unit
A caretaker dwelling unit is listed as a special review use in the RS-20 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 not inconsistent with the Woody Creek Comprehensive Plan.
B. The special review use shall not conflict with any applicable sections of the Prtkin County Land
Use Code, including the County Land Use Policies in Chapter 1.
Io-~~'
Response: The use 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 welfare.
Response: Staff has no reason to believe that the proposed development will endanger the public health,
safety or welfare.
D. The proposed development must not substantially injure the value of adjoining or abutting
property.
Response: The proposed development is an accessory use to asingle-family residence :md will not alter
the residential character of the area. As a result adjoining or abutting properties' values will not be
substantially injured.
E. The special review use sluall be consistent with the intent of the zone district in which it is
proposed to he located.
Response: The CDU is consistent with the RS-20 zone district.
E. 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 inmmediate vicinity of the parcel proposed for
development.
Response: The CDU is compatible with the character of the immediate vicinity of the subject property as
it is an accessory use to asingle-family residence.
G. The location, size, design and operating characteristics of the proposed special review use must
be in hannonv with the snrrounding 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 not committed to a location for the CDU. Site Plan Review approval will
be a requirement before the building permit is submitted, in order to assure the location and design of the
CDU are in harmony with the surrounding area and to minimize adverse effects. Parking from the
increased density is said to be accommodated by the existing driveway and parking areas. Additional
impacts stated above will be of no issue.
H. There must be adequate public facilities and services to serve zhe special review use, including
but not limited [n roads, potable water, sewer, solid waste, parks, police, fire protection,
ernergenev medical services, hospital and medical services, drainage systems, and schools.
Response: The additional impact of a CDU should be de minirnus 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 Aspen Fire District and the CDU would not require additional fire mitigation planning.
Access, potable water and waste systems will be required to meet Pitkin County standards.
L The proposed special review use must comply with annv additional standards or requirements
stated for such use in Sec. 4-30 and/or 2-40-20.
z
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 CDU to be permitted, the Applicant shall comply with the following standazds: (see subsection 4-
30-50(e)(1/ and (2)):
c. The CDUshall 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 ott lots or parcels that are less than thirty thousand (30, 000) square feet in lot area,
Response: The CDU has the ability to be constructed up to 1000 squaze feet as the lot is 20.74 acres.
d. The floor area of the CDU shall be included in the total allowed floor area for the lot or parcel of
land.
Response: The floor area of the CDU will be included in the total allowed floor area.
e. Two (2) off-street parking spaces shall be provided for each caretaker dwelling unit.
Response: The Applicant will be conditioned to provide the two paking spaces.
f. The Applicant shall be deed restriction or other permanent commitment running with the land
guarantee that tlae 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 quay as (and hm~e been found by the Housing
Office to be) employees of the community under such guidelines as may be
front time to time be established, or (ii) members of the owner's immediate
family, even though they may not qualify as employees of the communiry,~
4. Shall be rented for terms not less than six (6) months if rented.
Response: 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 dx~elling is removed or mod~ed. If
modifred, the remaining improvements must not longer be capable of occupancy as a dwelling
unit and must meet othern~ise 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 mt a legally
created lot or parcel in the County. Any unit approved mtder this provision of this Land Use
Code shall not be used for mitigation of employee housing requirements as established elsewhere
it: this Land Use Code.
Response: The Applicant will be required to not use the CDU for mitigation of employee housing
requirements.
13
RECOMMENDATION: Staff recommends that the Director approve the Lisa Marie Swalm 1972 Trust
caretaker dwelling unit subject to the conditions in the attached Administrative Decision.
ATTACHMENTS:
A. Drafr Decision
B. Woody Creek Caucus Comments
C. Housing Office Comments
y
i~~~
Woody Creek Caucus District Planning Commission
P. O. Box 297
Woody Creek, Colorado 81656
September 30, 2008
TO: Pitkin County
Community Development Dept.
130 S. Galena St.
Aspen, CO. 81611
Attn: Cari Anne Holcomb
Re: Lisa Marie Swalm 1972 Trust Special Review for a CDU
The Woody Creek Caucus District Planning Commission has reviewed the subject
application, and has no objections to the application as long as all code provisions are
Woody Creek Caucus
pct Planning Commission
lo-~~
t d
By
7anet K. Schoeberlein
~~~ 2IU~f
56ZL-ZZ6-OL6 uiat~agaoyog •~ yaueC eOi~TI 80 OE
Woody Creek Caucus District Planning Convnission
P. O. Box 297
Woody Creek, Colorado 81656
Z
T•d
September 15, 2008
TO: Pitkin County
Community Development Dept.
130 S. Galena St.
Aspen, CO. 8161 I
Attn: Can Anne Holcomb
Re: Lisa Mane Swalm 1972 Trust Special Review for a CDU
The Woody Creek Caucus District Planning Commission has reviewed the subject
application, and since there is a pending application on the same property for a GMQS
Competition for additional floor area, it was felt we should await determination on that
application before making a decision on the CDU.
The Woody Creek Caucus
District Planning Commission
By
Janet K. Sehoeberlein
IOCZ~O ~
S6ZL-ZZ6-OL6 uia Tuagaoyog •~ yaueC dLlY~TO 80 ST
..
MEMORANDUM
TO: Can Anne Holcomb, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: August 4, 2008
RE: SWALM REVIEW FOR A CDU
Parcel ID No. 2649-102-00-024; P082-08
ISSUE: The applicant is seeking approval to develop an attached or detached ca~•etaker dwelling
unit.
CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), CDU as Permitted
Accessory Use, in the RS-160, RS-35, RS-30, RS-2Q AR-10, AR-2, R-30, RO15, R-15A and R-6
zone districts one CDU shall be a permitted accessory use provided that:
1. It is attached to asingle-family home (the principal dwelling).
2. The cazetaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that are 30,000 square feet or greater in lot area, and 700 net livable squaze feet on lots or
parcels that are less than 30,000 square feet in lot azea.
The floor azea of the cazetaker unit shall be included in the total allowed floor area for the
lot or parcel of land.
4. Two off-street pazking spaces shall be provided for each caretaker dwelling unit
5. The applicant shall, by deed restriction or other permanent commitment mm~ing with the
land, guazantee that the cazetaker unit:
a. shall not be required to be rented;
b. not be sold or otherwise conveyed or sepazated from the original parcel regazdless
of the ultimate form of ownership of the cazetaker unit;
c. be limited to occupancy by not more than two adults and related children, who
qualify as (and have been found by the Housing Authority to be) employees of the
community under such guidelines as may be from time to time established, or by
members of the owner's immediate family even though they may not qualify as
employees of the community;
d. shall be rented for terms no less than six months if rented.
6. 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.
~ I ~Z ~a~z~o~
7. The provisions of this regulation aze for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
The unit is proposed as a detached Caretaker Dwelling Unit; therefore, Section 4-30-50(e)(2),
allows for a detached CDU under a special review.
RECOMMENDATION: Staff recommends approval of this request under the following
conditions:
1. Conditions 1 through 6 stated above aze met.
2. The kitchen contains at a minimum a two-burner stove with oven, standazd sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at ]east 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.
3. A deed restriction shall be recorded prior to issuance of a building permit.
4. Floor plans of the CDU shall be provided to the Housing Office prior to building permit
approval.
5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an
inspection of the unit for compliance.
2
c~ Z
Lisa Marie Swalm 1972 Trust
Caretaker Dwelling Unit Special Review
Submitted by: Grafton Smith
(970)925-7120
graftonsmith@comcast.net
000001 ~~ I g
Lisa Marie Swaim 1972 Trust
Caretaker Dwelling Unit Special Review
Applicant: Lisa Marie Swaim 1972 Trust /Lisa Frantz
Phone: (713) 927-7389
Location: 0143 Red Oak Lane, Aspen, CO Parcel ID: 2643-221-10-004
Parcel Size: 20.74 Acres Zone District: RS-20
Representative: Grafton Smith Email: graftonsmith@comcast.net
Request: The Lisa Mazie Swaim 1972 Trust /Lisa Frantz, the "Applicant," requests
Special Review approval fora 1,000 square foot, attached or detached, Cazetaker
Dwelling Unit (CDU) or its/her below listed property (see attached Certificate of
Ownership.)
Property: The "Property" contains approximately 20.74 acres and is located at 0143
Red Oak Lane in the White Star Ranches Subdivision neaz W/J off of McClain Flats
Road (see attached Vicinity Map and Activity Envelope Plan.) The Property currently
contains asingle-family residence with an attached garage and office, a small. non-
habitable cabin and a storage shed/bam for a total of about 8,613 square feet of
development.
The domestic water supply is provided by a piped community water system and waste
disposal is via an ISDS.
The Property is bordered on the north by the Salvation Ditch and to the south by the 253
acres of the White Staz Ranches irrigated open space/common area. In the middle of the
Property is series of manmade ponds connected by a landscaped water feature/stream, the
water for which originates in a year round spring on the neighboring parcel. It is piped
oho the Property, transits the water features and ponds and then exists the property onto
the neighboring parcel and ultimately onto the irrigated open space/common azea.
Previous Land Use Approvals: The Pazcel was legally created in the "Final Plat
Approval to the White Staz Ranches Subdivision" by (see attached BOCC Resolution
Number 80-84). It is conforming as to size in the RS20 Zone District and is therefore
permitted 15,000 square feet of development by right. The first 5,750 square feet of
development is exempt from GMQS with the balance up to 15,000 squaze feet subject to
GMQS and TDRs but not TDR Special Review as specified in LUC Section 6-30-50
(b)(2). This exemption from Special Review is a recognition by the County that pazcels
with up to 15,000 square feet of development are appropriate in this azea.
The Property was subject to Special Review in 1998 fora 700 square foot CDU (see
attached BOCC Resolution No. 98-21) which was to be build attached to the existing
storage shed/bam on the east side of the Properly but this CDU was never constructed.
0~~~~
Review Criteria for Specified Land Use Code Sections:
Small robin (non-babitnb(e1
2-30-30: ONE-STEP REVIEW PROCEDURE
(h) Criterinfor Approves(
(I) GENERAL
.4n application Jor One-Step Review shall be approved ij it coneplles with (es/ all applicable provisions <f
Phis Land Use Code, (hl esl[ esppllcrtble Lund Use Policies listed in Sec. 1-h0, and (ci all prior
development approvals appl¢•ahle to (lte snhjet( property
(Z) SPEC/AL REG'IEW USES OR ,4CT/VITIES
Tke BOCC, the Hearing OJftcer andinr the Community Development Directors{tall only approve the
proposed special review use or uc/ivifj•~ iJ'if finds that all of dieJolkncing cri[eria env meC
(a) The special review use shall he cnn.cislertt ivida the applicable County Muster Plan.
(b) The special review use .chaff not conJ]lct wida urw applicable sections gjthe Pitktn Comity Land
Use Code, including The CoweN Land Use Polities in Chapter 1.
(c) The proposed derelopmen! mus( not mu[erially etedanger the puhlic Itealdr, saJeh' ur melJare.
(d) The proposed develupnuenl mast not substcmtieslly injure the value ofadjolning ar abuttrreg
prupern~.
le) The special review ase shesII he consistent wi[Fa doe intent ofthe =one disd~kt to tivhich it i.c proposed
!u be located.
(~ The species/ revieir ase sha// be amapullble with the c/earae(er qJ the imnredlute vicinity oJthe
parcel proposed >ur dznelupmen[ and sm~rnunding land uses, or shall enhance the misan~e qj
emnplimenta~v uses and ae(ivities in the immediate vicinity of the parcel proposed,fbr development.
(gJ %he location, si_e, design and operating characleris(iss of7he proposed specrnl review erne nmst he
in harmony ivrth the surrounding area one! minimiTe esdcerse eJJects, including visual nnpur(s. impucts~ un
P~u~. , se
000'0:
pedes6~ran and vehreulm~ rhrulution, n~uJfic generation. parking, !rush, s~en~ice dzliven-, air~wuter
pnllatinn or other impacts on nctttaral resources, noise, vibrations and odor an stnroundrrrg properties.
(It! Tha~e Hurst he adeyuate public facilitlee curd services to serve the special revicu use, including hu!
oat limited to roads, putahle crater, seiner. solid waste, parks, police, Jire proteclian, emcrgenrr medical
services, hn.cpital and medical services, drainage systems, and schools.
(i) 77ae proposed spec rctl revieav use must cntnply with any additiuraal standnrcke ur requiren7ente .elated
for .arch use in .Sec. -1-30 ands ur Sec. 2--{0-?0.
The construction of an attached or detached CDU on this 20 acre parcel will be in
concordance with all of the above review criteria and as there will be some form of site
plan review of any proposed development on the property, the County will have the
opportunity to approve the visual impacts of the CDU's construction at the time of that
review.
4-30-50: ACCESSORYAND TEMPORARY USES
/e! C'uretuker Dwelling C7tit
These stundarda crre,jm~ the parpures nJ providing a vulmatarv caretaker thve/ling emit an n legally created
loX ur pcu~cel ices the Cutat4~ Cenrtcrker chrelltrag units created parsuant to Chew prnvishans, shall not he used
lnr mitigation o/~ernpln~~ee {rousing re~uiremenLS ae~ rstublirhed elsewhere in (his
Land (/se Code.
(CJ CDUAS PERMITTED ACCESSORt' LrSE
In (hc RS-160, RS-35, RS-30, RC-?0, .4R-IQ AR-2, R-30, R-!~, R-15.4, and R-6 cone districts, one !71
caretaker dwelltng unit shat/ be a perntitred accassorr use provided thar-
(a) It is attached to a shagle-family home I °Prhrcipal dwelling ");
(h) The lo! ar parcel on which tt is` located conforms to the nriarimum lot area requirements for each
cficellnag ua the zone dlstric( iaa which the caretaker duelling anit is located, as shnx~n in Tahle 5-/.~
(c) The caretaker dwelling unit shall not esreed une damrsund (!,0001 ne( livahle squaa'efeet un lots nr
parcels that are thirh~ tltmccand l3Q 0001 square feces or grruter in Lot area. and seven hundred 1'001 net
livable .goose leer ores lots or parcels that are less dorm thn'tr thousand l3Q0001 syuureJeer in lot area;
(d) The flour area of the ccvetaker unit shall be included ices the total cdloued !inns area Jhr the lot or
parcel n>7and (e. g.. (f the C'DU is seven hundred !'001 square feet, the maxnrmrat total area ul the
prirncul~ residence and outer rneluded accessory' strucnmes sha/1 be wren hundred j'DO) square feet less
Uwn u~hut woadd apply ividiout the C'D L'1,
le) One (Uoff-street parking space shat/ he provided for each caretaker chvelling unit.
(f) The applicant shall by deed re.rn~ictiou nr other pernaunent commrnnent Horning with doe Imad
guararnee that the caretaker duelling await
1. Shall not hr regained to he rented;
1. Shull not he sold ar othenvi.ce conveyed or separated frvnn the origina/parcel regardless o> dre
ultinrate jiarm nJ nunership ol7he caretaker unit;
3. Shall he liauilrrl to ocrvl>aney hr (i1 nut more than hro (21 adults, and related children, u~hu
quuljly us land have hcen firand by the Housing Uflice in he) employees' nl doe conamunitirn under such
garidelines' as muv from tune to trine he es'tublishcul, or (iii members o) the owner's innnediatc lconi/v,
even thnaagh they may not yuuliJv as' enrplm~ees of the cmamzurzrry.
4..tihud he rented.jne~ terms not less than sfx (61 months f rented
(g) The Caretaker Dfrclling t$ai1 resu'rcllnn muv he removed by the prupertr oyvner upon approval of
the C'nrnrrnuaih~ Development Director, .cuhject to the requirernem thal the dwellhag rs removed or
nrodilied. l f nrorliJied, the renwnaing improvements must no longer be cerpab/e uJ nceupuncr ar a
dyrel/ing tutlt and must meet otherwise appliccrh[e requlrenrenb' of7his Lcuad Use ('ode.
(h) The prnrisioras of this regadation aye far [he purpose of providing a vohrntcrrv Caretaker Du•ellLag
Unit wa a legally created lot nr parcel in the ('uuarh~ .4 nv uni/approved under this pvovisiorr ufthis Land
Use Code .Ices/! not he z+sed jar nutigatian nfemplovee housing requirerrrents as estubllshed cle~ewhere to
this Land Use Code.
(2J C'DCt ASSPEC/AL RF_Y7EN'ACCF,SSORY USF,
A caretaker duelling unit that is lal located irr the LlR-35. VR, B-Z, V(', Pd, or T=one drstrict, ur Ibl
h~cated nn a Ia[ ne parcel thatdocs not meet the nvnrnnun lot area requlrenrents for arch chvelling wait in
the -une clisu~ict where rt is located, as set forth in Tahle 5-1, or' (cl is drtached /ram the. principcd e~ingle-
Q~Q~~Y
family theel/ing on the tut ur parcel, slaaD require approved dzruugh the Special Review Use process in
Chapter 2. anc(sha/1 meet the reyuiremenls ofsnhsections' (/ItN tlTrough (ll/g/ abm~e.
Response: The Applicant is requesting permission for a detached CDU and will comply
with the above requirements. The Property is currently approved fora 700 square foot
CDU which, while intended to be built attached to the existing storage barn/shed, was
never constructed. This Application is in order to allow the Property to avail itself of the
1,000 square foot CDU as provided for in the 2006 LUC.
6-30-4'0: EXEMPTION FOR DEED RESTRICTED DWELLING UNITS
(cJ Caretnker Dwelling C6eits ("CDLts")
One (/I Caretaker Dwelling Unit ("CD(~ 1 mcrv he ezemptec/ 1i•nm Growd'z Mcrrtagement un unv Lu ur
parse/ located in e zone dish~ict br which a CDU is an allotired use, a ua'c cdlowed by special review. ur cr
use allowed as part of a master plan, us shown in Table -f-1. T/te <DU mar he a/loured even i1 /he lot or
parcel i.c sztbstandcmd in size and the resulting develnpntent on the lot or parcel wotdd nut runJorm to the
underlying ame dish'ict's minimum pcmcel size fur each diro•el/ing unrt, sukject to the standards in Sec. -1-30-
50te1. The C'D!' may he eillter unached to a single-family chvellin,Q unit I'~rrincipal dwelling'9 or odter nse
or mar be detached ¢om the principal drovelting or other allowed use iJ it canaplies rorith the standards in
.Sec. a-30->ntel
Response: CDUs aze allowed by special review in the RS-20 zone districts and the 2006
LUC, in order to promote the construction of CDUs, has provided in Section 6-30-40 (c)
a GMQS exemption for such attached and detached structures. The Property is over
30,000 squaze feet in size and is therefore eligible fora 1,000 square foot CDU and as it
will comply with the standazds in Section 4-30-50 (e) as stated above the CDU may be
detached from the principal dwelling.
2-40-20: SPECIAL REVIEW USE
(n .4dditionn/ Specie/Review Procedures for Caretaker Dwel/ing Units
The Cantmnnity Dcvelopntent DirerEOr may grant special review approval for a caretaker dwelling emit
svhjeet to the fi~ll~wing prac•edzu~es:
l/) The Community Development Depa'tment shall post notice and provide mailed notice to die property
mvncrs acQacertt ur dm size o/'the lnl or parcel for rvhic{t a caretaker dwellhig unit is proposed. P{te natice.c
ahuP coma in the inli~rnvatiorv required by Sec. 2-20-100 and shall stale dart doe C'umnumity Derelopmertl
Depurmtenz will ncrept commerns or objections regarding [hr application until a date a[ least huo j?1
weeks ~ollawing dte pusnnarked duce of the mailed notice. The no/ice shull,hu•ther state tha[ i/ rm
objections are received by that date, the Conrnrunity Development Department shall make a decision on the
appliccttinn pursuant [o [his Land Use Code
(2) if no ohjectians to /he application are received by the dale s7aled in /he natice. [he
C'nrrununiN Development Department shall ducwnent the fact that no ohjectiora.v were received grad shall
make a decision nn the application pursuant lu this` Land Ilse ('ode.
(3) IJ any ohjectians to the crpplicutian are received by the date stated in [he notice, dzt• Community
Development Department shall cun(inue the application to a puhlic heeu'ing hefrn•e the l3ourd ofC'nuntr
C'nntmiss'ianers.
Response: The Applicant is requesting permission for a detached CDU, will comply with
the above requirements and given the size of the Property and the size of the homes on
the neighboring pazcels would not expect any resistance to this request.
~~ ,.~;t~
~~U~~~
Lisa Marie Swalm 1972 Trust
Caretaker Dwelling Unit Special Review
0143 Red Oak Drive Vicinity Map
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Legal Description
TRACT 4 AMENDED WHITE STAR RANCHES SUBDIVISION & PUD AS
DESCRIBED IN PLAT BK 17 PG 32
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Recorded a~0 a.m. SeP 10, 196D Loretta 6zrmer Recorde• Receo:iun Ho :~ ~~~ `~?' "f~
RESlAUT70N OF THE BOARD OF COUNTY CDMKISSIDHERS ~~14•~ ~~t
DF FITRtN COUNTY, COLORADO, GRANTIIiG JV
FINAL PLAT APPROVAL i0 TNF
WHITE STAR RANCHES SUBDIVISION
Resolution No. BO - ~1 T
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WHEREAS, the Grover/NOVdevsen partnership (hereinafter referred to as
'applicant"} is the owner of record of 328 acres of real ?roperty wi;nin
PStkin Cuunty, Loloredo, and
MIIEREAS, the applicant purposes to subdivide the property so as to
create twelve new single-family tracts and lots in a PUD clustered clan
:11th 253 acres reuined in open space, and
WHEREAS, the board has heard the evidence and testimony presented with
respect to cots application.
IWW, THERffI»tE, BE IT RESOLVED 6y The Board of County Commissioners of
PStkin Camty, Colorado, that the final plat approval fur the White Star
Rairches Subdfrision is hereby granted subiect to the following conCitions:
1. St te-specific soil studies for foundation design and sewage disposal
sites wS ll be Drovided to the Building inspector for his/her apVroval
prior to the issuance of but ldi mJ permits, and
2. Article 45 of the subdivision covenants shall be amended ':o include the
following 1e1NJuage, "The White Star Ranches homeowners' associz ti nn
shall not convey nor othenrise alienate nor adversely affect any of
the shove-described water rights necessary to contf nee the irrigation
at the Atstortcally irrigated lend within the common and limited use
areas of the iAiite Star Ranches Subdiri sion as the sane or shown on
the axps or in the report prepared by Wright eater Engineers
entitled 'irrigated Lards of Pt tkin Lounty', dated January, 1971.
For purposes of this section, 'adversely affect' Weans to cause a
reduction in the amunt, duration, or quality of the supply of water
avetiable to satisfy an existing mater use, or an alternative to
the historic pattern of water aver labs lrty for en existing water use.
Other provisions of these protective covenants to the contrary not-
withstanding, the provisions of this paragraph fay may not be amended
t
o O lI,~1; ~?
or repealed or otherwise affected without the prier written am~ro.~a?
of the Board of County Commissioners of Pi ik in County. Colarade."
3. No buiLdirwj permits shall issue prior to rozds and utilities Ming
t nstalled according to the proper County specifications ezcep! or
Tract 2.
4. Ownership of dogs shall be restricted to the owners of the fathering
parcel, provided that other dogs, which are kenneled or under leash
control of their owners, shall be permitted.
5. The letter from John Doremus to Jim Hamilton bated May 20, 1986
shall constt tote the partnership's general agreement with the
Pitkin County (busing Authority.
6. The a~licant shall include the following notice on alt options
or agreements for purchase of any tots within the Whi tr Star Ranches
Subdivlzton: 'Notice is hereby given that there is pending in the
Pltkia County District Court the case of Bradford, [nc. et al vs.
Berri stun, Ina. et al, Civil Action No. 79CY3~ in which ptaintifrs
seek to establish a right-of-~y across lands within Nh'te Star
Benches Subdivision. You are advised that the determination of this
matter may affect the real property which is the subject of this
contract.' This rrottce shall be given until the final determination
Of this litigation.
7. Approvtl rT 11 rwt be final until the County Sanitarian has received
writteq evidence of the approval of the water system from the
Colorado Department of lka)th.
Approved by the Board of County Commi sstoners of Pitkin County, Colorado,
at its regulsr eeetirg on Septeaber 8, 1980.
BOARD OP COUNTY CONN155fOHERS OF
PITKIN fOUNTY, COLORADO
_, ~~~-
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APPROYED AS TO TORM:
Co ~~y At~~tor~nley~l~
RESOLUTION OF THE BOARD OF COUNZ'y COMIKISSIONERS OF PTTKIlY
COUNTY, COLORADO, GRANTING SPECIAI, ~yy APPROVAL TO THE
FRANZ CARETAKER DWELLING I11YIT
Resolution No. 98--~
I • Mazk and Lisa Franz, hereafter "Applicants", have applied to the Board of County Commissioners
of Pitkin Courrty, Colorado, hereafter "Board", for special review approval of a detached caretaker
dwelling unit to be located above an existing storage building.
Said parcel is located at 143 Red Oak Drive, and is descn'bed as Lot 4, amended White Star
Subdivision.
~• The lot is zoned ]ZS-20/PUD and contains 20.741 acres.
4- The Applicant Proposes to deed reslr-ict the proposed car-e~ef dwel '
150-13 B C ~ urrrt Pursuant to Section 3-
0( )> aretaker Dwelling Unite, and Section 3-210.10, Special Review, of the Land Use
Code, hereafter "Code'.
5• The Board heard this application at a public hearing on F
ebrvary 25, 1998, at which three evidence
and testimony were presented with respect to the application.
6. The Board Ends rhaz the application generally complies with the applicable sections of the Code.
NOW, T~REFORE, BE TT RESOLVED by the Board that it does hereby grant approval of the
Franz Caretaker Dw• •lling Unit, subject to the following conditions
1. The caretaker dwelling unit shall be limited to 700 net livable sgrtare feet
2. The kitchen unit shall contain at least a two-bumer stove with oven, a standard sink, and no lest than a 6
cubic foot r~'igerator plus fteezer
3. Prior to issuance of a building permit: the applicant shall obtain and the Housing Office shall record a
carztaker dwelling unit deed resh-fiction.
4. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy-
5. Should the Applicant decide to install a fireplace/woodstove, a fireplace application must be filed with
the Environmental Health DeParnnenL
6. The proposed renovation of the existing wood cabin shall not be such that the cabin can be used as a
dwelling unit.
Ililll illll 111111 111111 111(1111(1 IIIII IIIl1111 IIII {III
aiase~ e3i2snssa 11:03p RESOLUrs oavn 52wi
1 of 2 R 11.00 0 0.00 N 0.0@ PITKIN COUNTY CO
~Ot]O10
Resolution No. 98-
Page ~ -
7. Aseptic permit shall be obtained from the Environmenta(Health Department prior to issuance of a
building permit.
8. A letter of intent from the community water district to service the proposed unit shall be submitted prior
to the issuance of building and septic permits.
9 The applicant shall adhere to all matenal representations made in public hearings and in the application.
NOTICE OF PUBLIC AFe R nyG PUBLLSHED IN THE ASPEN
TANUARY,1997 TIYIES ON THE 24TH DAY OF
APPROVED AND ADOPTED ON THE 2.STH DAY OF FEBRUARY,1998.
~/GSi~ N077cG' P/18.f/,S,t/~,v /.V 7.~i'EfJSs'eii! Z7jyjpt ON Tiff y'-~,¢j, o~ AP.~L /99~',
ATTEST: /
BOARD OF COUNTY COMI~ffSSIONERS
OF PTTI@I"COUNTY, COLORADO
~ _,
--~.i'
aes-,(,Y.vdee R..De,4,cl
DePutY Clerk and Recorder
Dorothea Fams ~`"
Chair
Date ~-~~ 9:l
APPROVED AS TO FORM:
T 9
John EIy,
County Attorney ~
Case #P150-97
PID #2643-?~1-10-004
APPROVED AS TO CONTENT:
~~ 3 a s. 9B
Cmdy Houben,
Communiiy Development Director
Ililll iilli lilill 111111 iii illllll Ilill III iilli iltl IIII
414887 03/28/1958 11:03A RESOLUTI DAYIS SILYI
2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO
~~DOll
CERTIFICATE OF OWNERSHIP
Pitkin County Tide, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that
LISA MARIE S WALM 1972 TRUST are the owner's in fee simple of the following described property:
PARCEL A:
TRACT 4, AMENDED WHITE STAR RANCHES SUBDIVISION AND P.U.D., according to the Plat thereof
recorded February 22, 1988 in Plat Book 20 at Page 65.
PARCEL B:
Anon-exclusive easement for ingress and egress serving the amended White Star Ranches Subdivision and
PUD, as set forth in Easement Agreement recorded April 12, 1979 in Book 366 at Page 481 and Amended by
First Amendment to Easement Agreement recorded February 22, 1988 in Book 557 at Page 461.
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 143 Red Oak Drive, Aspen, CO
81611
ENCUMBRANCES:
NONE
This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only.
PITKIN COUNTY TITLE, INC.
BY:
authorized signature
CERTIFIED TO: June 4, 2007 at 8:00 A.M.
Job No. 23 ] 1
~~(]{~?
~J
Date: June 5, 2007
To: Firkin County Community Development Department
Fmm: Lisa Frantz
Re: Permission to submit Land Use Application(s) for mY ProPerry atOl43 Rai Oalc
Drive, ,Aspen, Colorado with Pazcel ID Nnmber 2643.221-1-004.
I hereby authorize ('irafton ~ Smitlt to submit land use agp&carinns for mmd otherwise
represent my above property in matters concerning Activity Envelope. Site Plan,
Caretaker Dwelling Chit, Growth 3v(auagement Quota System. and TDR Receiver Sine
aPPlications and other related land use issues.
Lisa Frantz
f /Y /J4/ /Sjfjywi~
owner /7 ~--
oo~lE`~
® COII1paSS Bank
Wealth Managemeat Group
Date: June 27, 2007
To: Pitkin County Community Development Department
From: Juan L. Salazar
Vice President
Compass Bank Wealth Management Department
2001 Kirby Drive -Suite 311
Houston, Texas 77019
P.o. eox bees
Houston, Terns 77210 4886
913~e31 5754
Fax 913831-59'73
juansalsw4Mcomoassbankcom
Juan L. Salazar
Vice Presitlent
Re: Lisa Marie Swaim 1972 Ttust - 0143 Red Oak Drive, Aspen, Colorado
Parcel ID Number 2643-221-1-004
Tract 4, White Star Ranch Subdivision
Compass Bank as Co-Trustee of the Lisa Marie Swaim 1972 Trust hereby authorizes
Grafton M. Smith to submit lane us s Acctivity EnvelopeaS to P1antCaretaker Dwelling
concerning the referenced prop rty'
Unit, Grov.~th Management Quota System, and TDR Receiver Site applications and other
related land use issues.
Compass Bank, Co-Trustee for the Lisa Marie Swahn 1972 Tmst
an . Sa azar
Vice President
00001:
Lisa Marie Swalm 1972 Trust
Caretaker Dwelling Unit Special Review
ADJACENT PROPERTY OWNERS
STAR MESA LOTS 4 & 5 264322100001
PAYNE GULCH LLC
555 17TH ST #2400
DENVER, CO 80202
WHITE STAR RANCHES PARCEL 3 264322110003
MERILEE H & ROY J BOSTOCK
7 S MANURSWG ISLAND
RYE, NY 10580
CRAIG RANCH PARCEL 7 264315400009
KATHLEEN CRAIG
49 MCGEE RD
GREAT BARRINGTON, MA 01230
WHITE STAR RANCHES LOT 5 264322210005
GEORGE I & ELLEN HODOR
600 HARDSCRABBLE RD
CHAPPAQUA, NY 10514
WHITE STAR RANCHES COMMON AREA 264322210010
WHITE STAR RANCHES HOA
GO OATES & GARDENSWARTZ / D KELLY
533 E HOPKINS AVE 3RD FL
ASPEN, CO 81611
1 r,,: V;ui: ~,:a6n I~i~` Inrt tl~l
Parcel IU: 'ox3 '? I In nn~
000015
PITIOI~T CO~ COMMUNTI'Y DEVEI,OP~I~TI' DEpARTMINr
AGREEl1IINI' FOR PAYMEPTI' OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Lisa Marie Swaim 1972 Trust (hereinafter
APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Caretaker Dwe 1Ling Unit for Lot 4
White Star Ranc (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Firkin County Ordinance No. 022-2006 establishes a fee
structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application complete~ss. The fee structure is based on the County's policy that
development shall pay, in full, the cost of development review in Firkin 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
accrunulate 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 infonvation 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 complete~ss, APPLICANT shall pay a base fee in the
amount of 749.00 which is based on 3 hours of staff time, and if actual time spent by staff to process
rite application exceeds the avera~ 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.
PiTION COUNTY
Cindy Honben
Community Development Drrector
Effective 726/(16
Gco~Yl~,nmlfo`ms~a8reemwt Eo ~.
Lisa
Marie Swaim 1972 Trust
Date• ~//~8~
Mailing Ad[h cas: 0187 West Lupine Drive
Aspen, Colorado 81611
000016
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: White Star Ranch Subdivision, 143 Red Oak Lane PIDN 2643-221-10-004
ZONING: RS-20 SIZE: 21 acres
OWNERS: Lisa Marie Swalm 1972 Trust
REPRESENTATIVE: Grafton Smith
DATE: June 3, 2008
Type of Application: Special Review for a CDU.
PLANNER: Mike Kraemer, 920.5482
Description of Project/Development: The Applicant is requesting special review approval for a CDU. The Applicant was
denied a CDU request 6 months ago and intends to submit again.
Land Use Code Seedons to be addressed in letter of reaaest (aoolieadoe)•
Sec. 2-30-30(h): Special Review for a CDU
Sec. 4-30-s0(eX I x2): Caretaker Dwelling Unit
Sec. 6-30-40.c, GMQS Facemption for CDU
Sec. 2-40-20(f): Additia~al Special Review Procedures for CDU's
Staff will refer ffie appHestaa !o the foDowiug ageaeies: Woody Creels Caucus and Housing
Review by: Community Development Director for activity envelope.
Public Hearing: No. However the Applicant shall post a public notice sign on the property at least I S days prior to the
date specified for the Administrative Decision pursuant to Sec. 2-20-100(ax3) 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 ofthe 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 Coumy, as they appear no more
than 60 days prior to the date ofthe public bearing. A property owner receiving the public notice shall have 2 weeks from
the date the notice was postmarked tb submit comments or objections to the Community Development Department.
FEES: 5994 (make check payable to "Pitkin County Treasurer")
Planning Off ce ftat fee: S749 (non-refundable; based on 3 hour: of Staff time. If staff review time excceds 3.6
hours, the Applicant will be charged for additional time above 6 hours at a rate of 5249/lrour)
o Hoaxing Referral Fce: SI66
o Pablie Notice Fee: S54
o Web TechnoMgq Fee: S25
To apply, submit 3,~ of the folbwing information, uutess 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" and 11" x 17" site plan as designated in Sections 2_I.3 ofthe Pitkin County Land Use Application Manual;
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
s. Parcel description, including legal description and vicinity map;
6. Total fee for review ofthe application;
7. Signed fee agreemem (1 copy);
8. Consem from owner(s) to process application and authorizing the represcetative (1 copy)
9. Last of all adjacent property owners arrd mioeral estate owners (I cry)
10. Copies of this pre-app form.
NOTES:
ooool~
- PLEASESUBMI/'ONEUNBOUNDANDONE-SmEDCOPYOFYOURCOMPLETEAPPLICATIONPLEASESUBMII'TWO-S/DEDCOPIES
OFALL REMAINING COPIES OFYOUR APPL/G1TX)N (/FPOSSIBLE). THE PARCEL IDs SHOULD BEINCLUDED ONALL DOCUMENTS
INCLUDED IN YOURAPPLICATION.
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advimry in na[vre and not binding on the County. The injonnation provided in this summary is
based on current zoning standards and s1afJ'a interpremtians based upon representations ajthe applicant Additrona! information maybe
required upon a complete review ojthe application.
UVQ~~~
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on October 1, 2008, the Pitkin
County Community Development Director granted approval for the Approving the Lisa
Marie Swalm 1972 Trust Special Review for a Caretaker Dwelling Uuit (Case P093-08;
Deter. #96-2008). The property is located at 0143 Red Oak Lane and is legally described as
Tract 4, Amended White Star Ranches Subdivision. The State Parcel Identification
Number for the property is 2643-221-10-004. This site-specific development plan grants a
vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes.
S/Cindy Houben
Community Development Duector
Pitkin County, Colorado
Published in the Aspen Times Weekly, on October 12, 2008.
PUBLIC NOTICE
RE: Lisa Marie Swalm 1972 Trust Special Review for a Caretaker Dwelling Unit
(P093-08)
NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will
consider an application submitted by Lisa Mazie Swalm 1972 Trust (11303 Williamsburg Drive,
Houston, TX 77024) requesting approval to build a detached Caretaker Dwelling Unit. The property
is located at 143 Red Oak Lane, and is legally described as Tract 4, Amended White Star Ranches
Subdivision and P.U.D. The State Pazcel Identification Number for this property is 2643-221-10-
004.
For further information contact Cari Anne Holcomb at the Pitkin County Community Development
Department, (970) 920-5092.
Cindy Houben
Pitkin County Community Development Director
130 South Galena St., 3`d Floor
Aspen, CO 81611
Attention Adjacent 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 September 10, 2008. If any objections to the development application are received the
Community Development Department shall continue the application to a public hearing
before the Board of County Commissioners.
County of Pitkin }
} ss.
State of Colorado }
I, GRAFTON
being or representing an
Applicant to the Pitkin County Community Development Department, personally certify that I
have complied with the CDU public notice requirements pursuant to Section 5-80-010 J of the
Pitkin County Land Use Regulations in the following manner:
1. By mailing of notice, a copy of which is attached hereto, by registered U.S. Mail to all owners
of property adjacent to the subject property, as indicated on the attached list, on the 9 day of
AUG, 2008 . The names and addresses of the adjacent property owners shall be those on the
current tax records of Pitlcin County as they appeared no more than 60 days prior to the mailing.
Please attach copies of the registered mail receipts.
~~~~~~ m ~~~~
P U ~ ~.~ ~ 1 e.: , ~ ._ WITNESS MY HAND AND OFFICIAL SEAL
DATE: September 10, 2006 ,~.,~,. ~:,.,:. My commission expires: ~~~~ ~°~ ~ ~O\Z
TIME:
PLACE: County Planning Office ` \ \~ O\ L (~ ~Cl Q~t~~
PURPOSE: Llaa Msrle Swalm 7972 Trust Notary Pu\b~li~c ~]R ~V
Special Revlew for a Caretaker Dwelling
Unit
(PID02643-221.10.004; CeaeA'P093-O6)
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6043 Red Oak Drlve, WSR, Aapen, CO No y Publi $ ~gnature
NICOLE BROWN
NOTARY PUBLIC
STATE OF COLORADO
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AFFIDAVIT OF NOTICE & MAILING
PURSUANT TO COUNTY LAND USE
CODE SECTION 5-80-010 J
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PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
July 25, 2008
Grafron Smith
0187 West Lupin Drive
Aspen, CO 81611
graftonsmith@comcast.net
Re: Lisa Marie Swalm 1972 Trust Special Review for a Caretaker Dwelling Unit
(PID#2643-221-10-004; Case# P093-08)
Dear Mr. Smith:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. Afrer 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 chazge of the review will request the information from you directly.
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) August 10, 2008. The
names and addresses shall be those on the current tax records of Pitkin County as they appeazed 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) 10`" day of September, 2008. If any objections to the development application aze 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 neazest
public way) on the 26`h day of August, 2008, which is at least fifteen (15) days prior to the (30 day out)
September 10, 2008. This must be submitted prior to any approvals being granted.
If you have questions, please call Cazi Anne Holcomb, the planner assigned to your case, at 920-5092.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2-20-100 & 2-40-20
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Woody Creek Caucus
Pitkin County Housing
FROM: Cari Anne Holcomb, Community Development Department
Re: Lisa Marie Swalm 1972 Trust Special Review for a Caretaker
Dwelling Unit
(PID 2643-221-10-004; Case P093-08)
DATE: July 25, 2008
Attached for your review and comments aze materials for an application submitted by
Lisa Marie Swalm 1972 Trust. The Pitkin County Community Development Director
will review the application.
Please return your comments to me by Wednesday, September 10, 2008.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
MEMORANDUM
TO: Cari Anne Holcomb, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: August 4, 2008
RE: SWALM REVIEW FOR A CDU
Parcel ID No. 2649-102-00-024; P082-08
ISSUE: The applicant is seeking approval to develop an attached or detached cazetaker dwelling
unit.
CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), CDU as Permitted
Accessory Use, in the RS-160, RS-35, RS-30, RS-20, AR-10, AR-2, R-30, RO15, R-15A and R-6
zone districts one CDU shall be a pemutted accessory use provided that:
1. It is attached to asingle-family home (the principal dwelling).
2. The caretaker dwelling unit shall not exceed 1000 net livable squaze feet on lots or pazcels
that are 30,000 squaze feet or greater in lot area, and 700 net livable square feet on lots or
parcels that are less than 30,000 square feet in lot area.
3. The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or pazcel of land.
4. Two off-street parking spaces shall be provided for each cazetaker dwelling unit
5. The applicant shall, by deed restriction or other permanent commitment mm~ing with the
land, guazantee that the cazetaker unit:
a. shall not be required to be rented;
b. not be sold or otherwise conveyed or separated from the original pazcel regazdless
of the ultimate form of ownership of the cazetaker unit;
c. be limited to occupancy by not more than two adults and related children, who
qualify as (and have been found by the Housing Authority to be) employees of the
community under such guidelines as may be from time to time established, or by
members of the owner's immediate family even though they may not qualify as
employees of the community;
d. shall be rented for terms no less than six months if rented.
6. 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.
I t~ Z
7. The provisions of this regulation aze for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or pazcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
The unit is proposed as a detached Cazetaker Dwelling Unit; therefore, Section 4-30-50(e)(2),
allows for a detached CDU under a special review.
RECOMMENDATION: Staff recommends approval of this request under the following
conditions:
1. Conditions 1 through 6 stated above aze met.
2. The kitchen contains at a minimum 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.
3. A deed restriction shall be recorded prior to issuance of a building permit.
4. Floor plans of the CDU shall be provided to the Housing Office prior to building pemut
approval.
5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an
inspection of the unit for compliance.
2
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. ,., ~
Woody Creek Caucus District Planning Commission
P. O. Box 297
Woody Creek, Colorado 81656
September 30, 2008
TO: Pidin County
Community Development Dept.
130 S. Galena St.
Aspen, CO. 81611
Attn: Cari Anne Holcomb
Re: Lisa Marie Swalm 1972 Trust Special Review for a CDU
T'he Woody Creek Caucus District Planning Commission has reviewed the subject
application, and has no objections to the application as long as all code provisions are
~=
~' /;~
Woody Creek Caucus
rict Planning Commission
I~~2
By
Janet K. Schoeberlein
T'd S6ZL-ZZ6-OL6 uiaT~agaoyog •N ~aueC eOT:TT 80 OE
..
Woody Creek Caucus District Planning Commission
P. O. Box 297
Woody Creek, Colorado 81656
Z
September 15, 2008
TO: Pitkin County
Community Development Dept.
130 S. Galena St_
Aspen, CO. 81611
Attn: Carl Anne Holcomb
Re: Lisa Marie Swalm 1972 Trust Special Review for a CDU
The Woody Creek Caucus District Planning Commission has reviewed the subject
application, and since there is a pending application on the same property for a UMQS
Competition for additional floor azea, it was felt we should await determination on that
application before making atlecision on the CDU.
The Woody Creek Caucus
District Planning Commission
By
Janet K. Schoeberlein
T •d
S6ZL-ZZ6-DG6 uiaTuagaoyos •N ~.aueE dLE~TO 80 ST
PITKIN C~JTY COMMUNITY DEVELO~ENT
Permit Receipt
RECEIPT NUMBER 00026389
Name: Lisa Swalm Frantr Date:7/23/2008
Project Address: 143 RED OAK LN
Type: check # 1410
Permit Number Fee Description Amount
0093.2008.PLAN ~ PP- Flat Fee 749.00
0093.2008.PLAN PP- Clerk Tech Fee 25.00
0093.2008.PLAN PP- Public Notice Fee 54.00
0093.2008.PLAN PP- Housing Referral Fee 166.00
Total: 994.00
LARGE PLAT(S)
AVAILABLE TO VIEW AT
COMMUNITY DEVELOPMENT
AVAILABLE TO BUY AT
CLERK & RECORDER