HomeMy WebLinkAboutbocc.res.139.2008.~ _ •~
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O V RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
~~j COLORADO APPROVING THE LEDDY-COOPER SUBDIVISION DETAILED
0 0~ SUBMISSION/FINAL PLAT AND CARETAKER DWELLING UNIT
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o ~ c Resolution No. (~-2008
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~ o~ 1. Thomas Leddy & Leslie Cooper ("Applicant"} have applied to the Board of County Commissioners of
# °o y Pitkin County, Colorado {"BOCC") to request subdivision detailed submission and final plat approval
~ Q°,A ~ to divide the propeRy into two lots and to obtain approval for a caretaker dwelling unit on the new lot.
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w~~,; ~ 2. The property is located at 704 Spruce Street, and is legally described as Lot 1, Smuggler Subdivision.
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~ o~~ 3. The lot is zoned R-30 and contains 2.12 acres, and is located within the Urban Growth Boundary.
4. The BOCC granted a growih management allotment of 9,350 square feet of floor area for a single
family residence on the newly subdivided lot, pursuant to Resolution No. 006-2008. The BOCC
granted Subdivision Conceptual Submission approval and established an activity envelope, pursuant
to Resolution No. 017-2008.
5. The Pitkin County Planning and Zoning Commission abnsidered the proposed application at a regularly
scheduled meeting on October 14, 2008, and recommended approval by a vote of 4-0.
6. The BOCC considered the proposed application at a duly noticed public hearing on December 3 and a
regular meeting on December 17, 2008.
7. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the
Leddy-Cooper Subdivision Detailed Submission/Final Plat and Caretaker Dwelling Unit, subject to the
following conditions, which shal] run with the land and be binding on all successors in interest:
1. All material representations made by the Applicant in the application and in public meetings shall be
adhered to and considered conditions of approval, unless otherwise amended by conditions.
2. The Applicant shall adhere with the conditions of Resolution Nos. 006-2008 and 017-2008 unless
otherwise replaced or amended by the conditions of this approval.
3. The Final Plat and associated documents shall be recorded within 180 days of the date of this
approval.
4. The caretaker dwelling unit shall be limited to not more than 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 53 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.
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Resolutron No. ~-2008 ~
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5. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the
Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit
shall be submitted to the Housing Office with the deed restriction. The Housing Otlice may inspect tha
unit.
6. Failure to comply with the conditions of this approval may result in revocation of this appraval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
7. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on
C . I~ , 2011.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weeklv on the 2"' day of November,
2008.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 3`' day of December, 2008.
APPROVED AND ADOPTED AFTER SECOND READING on the 17`~ day of December, 2008.
PUBLISHED AFTER ADOPTION in the Asoen Times Weeklv on the'~ ~ day of ~OG` 2008.
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ones, Clerk to
AS TO
~ ~-1o1;~e ~`C-suA, kc~ Ck~
~ndy Houben
Community Development Director
P098-08
PID 273707102001
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
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Jack Hatfiel ChairiYjl~/
APPROVED AS TO FORM:
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John EI
Attorney
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