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HomeMy WebLinkAboutpitkin.planning.264316106056 (2009)DOCUMENT LAY®UT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORBER Summary Sheet Resolution for the BOCC and/or Pc&Z Ordinance for the BOCC and/or Pc~Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) rarcel ID: e Description: 6-1 ication Date: 1/1 McAllister Minor Amendment to a Development Permit Project Address: 214 WOODY CREEK PLZ, WOODY CREEK, CO 81656 Property Owner: MCALLISTER Address: PO BOX 475 WOODY CREEK, CO 81656 Owner's REP: DON & SANDY MCALLISTER Address: PO BOX 475 WOODY CREEK, CO 81656 REP's Email: smack@rof.net R f I Case No: P005-09 Planner: Cari Anne Holcomb # Copies: 3 Allocated Hours: 3 Over Hours: 3.6 Owner Phone: REP's Phone: e erra s. ZONING REFERRAL Other Referrals: Woody Creek HOA 02/03/09 ALL OTHER REFERRALS Woody Creek Caucus 01/26/09 Comments Due Date: p2/27/2009 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: BOCC Ordinance #: Admin Determination #: 012-2009 #556756 Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: no vested P&Z Determination #: HO Determination #: I Application Type: Minor Amendment to a Development Permit RECEPTION#: 556756, 02127!2009 at 12:18:32 PM, i [~~ L R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE MCALLISTER MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Determination No.~~-2009 RECITALS 1. Sandy and Don McAllister ("Applicants"), have applied to the Community Development D'vector of Pitkin County, ("Director"), pwsuant to Section 2-20-150(6) of the Pitkin County Land Use Code ("Code"), to amend the Woody Creek Subdivision (formally the mobile home park) PUD Guidelines to allow a variance in height for two dormers, as measwed at the mid-point on Lot 56, from eighteen feet (18') to twenty feet (20') six inches (6"). The height is established on Page 8 of the Guidelines, which are recorded per Reception number 515412. 2. The property is ]ocated in the Woody Creek Mobile Home Park and is described as Lot 56, Woody Creek Subdivision.PlD#2643-161-06-056. 3. The property is zoned MHP and contains 4,996 square feet. 4. The BOCC granted approval in 2001 for Conceptual Subdivision, Planned Unit Development, GMQS Exemption for deed-restricted housing units, Rezoning from SR to MHP/PUD and Specia] Review for parking m the PUD pwsuant to Resolution No. 085-2001. In April 2005, the property received Detailed and Final Plat and GMQS Exemption approval pwsuant to BOCC Resolution 046-2005. A Minor Amendment was granted in 2006 pwsuant to Administrative Decision No. 99-2006 for some lot line adjustments and a subsequent Amendment was granted by the BOCC to eliminate the fire sprinkler requirement for each residence th 2007(020-2007). The Applicant submitted a complete application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code. 6. The Director fmds that the request is consistent with the requirements of the Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made dwing the application proeess. 2. The Applicant shall comply with the provisions of Planning and Zoning Commission Resolution No. PZ-99-2, and the Board of County Commissioners Resolution Nos. 085-2001, 046-2005 and 020-2007, and Administrative Decision No. 99-2006 unless otherwise replaced or amended by the conditions of this or said approvals. 3. The PUD Guidelines are hereby amended to a height variance for the two dormers only, as measured at the roofs midpoint from the existing or fmished grade, whichever is lower, for Lot 56 from eighteen feet (18') to twenty feet (20') six inches (6"). 4. All encroachments and all other height measwements for Lo[ 56 shall be measwed from the original prescribed height of eighteen (18) feet. APPROVED by the Duector, this 's (:~ day of ~C~,1.~,,, , 2009. Cindy Houben, Community Development Director P1D# 2643-161-06--056 P005-09 FROM :Woody Creek Mobile H. O. q. FqX N0. :970 923 1065 Jan. 06 2009 05:27PM P3 ~~-~ couNn SUbdNlsiOn Amendment for a FIDE: 2643-181-0&058 LOCATION: Woody Creek PUD Lot 56, 214 Woody Creek Plsra OWNERS: Don and Sandy McAllister IOt REPRESENTATIVE: Self PHONE and EMAIL: 970.948-2891 DATE: a PLANNER: Carl Anne DescHption of PwJectlpevebpment: The Applicant proposes to amend the PUD guide to albw for dormers on Lot 58 that do not Cunerrtty meet the height limitations. AppGr~t shag irldude spedfic datwnaionai iMomration in the request for the differerlCe in height from what is amently albwed vs. vrhat is actually in Uie field. Staff will refer the application to the following agencies: Zoning. Woody Creek HOA end Woody Creak Caucus. Review by: Community Devebpment Director Public Hearing: NO. FEES: 6773 (Make check payable to 'Pitkin County Treasurer') Planning Office flat fee: i 748 (non-refundable; based on 3 hours of staff time. ff staff review time exceeds 3.2 hours, the Applicant will be drarged for additional tame above 3 hours at a rate of 5249/hour) o Web Technology Foe: =25 To apply, submit 3 eo°ies of lira following infon~nation, unless noted ofherwtsa: 1 P Summary letter explaining ttw request, providing background on prior approvals and Permits, and addressing each of the provisions of the Pitkin County Land Use Casa identified above in sufficient detail to demonstrate that all substantive review kxiteria have been met. Swnmarae abating conditions including the most current approved PUD guidelines and detail new proposed GmRs. 2! Copies of previous Land Use Approvals (including most parent PUD guidelines); 3+ Copy of Building PermR; 4r HOA letter of approval; 5! Architectural elevation drawings showing the structure and identifying the elemerrts(s) of the stnx;ture which wiA exceed the height limitation per Sec. 2.2.20(D); 8. • Letters of approval from all adjacent property owners authoriarrg the amendmertk 7. a Praof of ownership of subject property as designated m Section 1.3 of the Pitldn County Larxl Lise Application Manual; 8. o Parcel description, inruding legal description and 8-12' x 11~vrcinily map bcating the subject propeAy within Firkin County; 9.• Total fee for review of tiw application; 10a Executed Piticin County Community Development Agreement for Payment of Land Use Application Fees Agreement (1 a~py); 11!Copies of this pre-app form. NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPYOF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWl7-S1DED COPIES OF ALL REMA/Nl/YG COPIES OF YOUR APPUCAT/ON QF 2008 ~,~y 3106 os~ X0')(`0 c~-r2~ FROM :Woody Creek Mobile H.O.R. FRX N0. :970 923 1065 Jan. 06 2009 05:28PM P4 POSSIBLE). THE PARCEL IDS SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED /N YOUR APPEIC.4TIOAl. i ALL MAPS SHALL BE FOLDED. s c-J~~'.+n , ~p.r~ rf e Ls 7/ - The Land Use Code Is availab/e on-line at q ~P / P` / l - The Land Use Application manual is available on-line at G~Oe~rfkin ,cc,,.t~p~s/d/e~s/7/~Q~d UsL - This pre-application conference summary is advi ~ ~~ca:~fon Min vat, P~-F spry in nature a d hbt binding on the County. The in/ormation provided in this summary is based on current zoning standaMs and states interpretations based upon representations of the applicant. Addifional information maybe required upon a complete review of the application. ~o~~~~~~ FROM :Woody Creek Mobile H.O.A. FAX N0. :970 923 1065 ~C~ ~ Jan. 06 2009 05:28PM PS X3161 OF,C~S6 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGRF_EAAFJ~'f FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter `COUNTY') arrd Simi-~ ~L ~o ~II [Yl`'J}~-~-~~ aP (hereinafter `APPLICANT) AGREE AS FOLLOWS: ,~h (1 1. APPLICANT has su to COUNTY an ~pYgUon for 1 I Ilil..t(~ I`tYY~~a..uG~fr~.~ 1 O ~S~~k~C9tkd r~ i',J,l~ ~ (hereinafbr, ttw •PROJECT)_ 2. APPLICANT understands and agrees that P'rtlrin Courrty Ordinance No. 32-2002 establishes a fee structure for land use applications and the payment of aY processing feet is a wrrdiliorr precedent to a determination of application oompleterress. The fce structure is baeed on the COUNTY'S policy that devebpnrerK shay pay, in full, the COet of development review in fire COUNTY- Fees have been set to be consistent and fair to the public and to reflect the expense irrraxred in providing such services to the public. 3. APPLICANT and COUNTY a8~ that because of the size, nature or scope of the proposed PROJECT, it may not tx3 possible at the time of appliccatlon to ascertain the firY extant of the costs involved fn processing the application. 4. APPLICANT and COUNTY agree that foes citargad fa the processing of land use applicabons strati accumulate if an application krcirrdes more than one type of Iard uee review. 5. COUNTY and APPLICANT further agrce 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 Frrdirrgs 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 coiled full fees to a determination of appUcation oompleterress, APPLICANT shah pay a base fce in the amount of $~- ` ~ which is based on ~ hours of staff Gme, and If actual time spent by staff to process the application exceeds the average number of hours by more than ZO%, then the COUNTY wiN bill ilte APPLICANT quaRerly for the addi0onal time spent Such periodic payments sFmll be made within 30 days of the trilling date. APPLICANT further agrees that failure to pay srrdr aoaued coats shah be grounds for suspension of processing. Pfflt7N COUNTY Cindy Nouben Community Development Director (°APPLICANT") ~~~ ~ ~ ~ ~ ~ Print Name and Tige (N applicable) Data•_ ~ - - © 9 Maillrp Address: ~0OLC~3 ~~~ l p ~.F~}316106~Sb COMMUNITY DEVELOPMENT DIRECTOR SANDY AND DON McALLISTER PO 475 WOODY CREEK, COLORADO 81656 SUMMARY LETTER; MINOR PUD AMENDMENT WE ARE THE OWNERS OF LOT 56 WOODY CREEK SUBDIVISION, AND HAVE CONSTRUCTED A MODULAR HOME ON THAT PARCEL # 2643 1 61 06056. THE MANUFACTURER , SUMMIT CREST HOMES, BERTHOUD, COLORADO, HAS SPECIFIC TEMPLATES FOR DORMERS ON THE CAPE COD MODELS WHICH THEY MANUFACTURE. THE ENGINEERING OF THE DORMERS HAS BEEN APPROVED BY THE STATE OF COLORADO, AND IS DIFFICULT AND COSTLY TO MODIFY FOR EACH APPLICATION. AT THE TIME OF OUR BUILDING PERMIT APPLICATION I PROPOSED A MODIFICATION FOR A GAMBREL ROOF STYLE DORMER, IN ORDER TO COMPLY WITH THE 18' ROOF MID-POINT REQUIREMENT. HOWEVER, ONCE THE MODIFICATION WAS UNDER CONSTRUCTION, WE REALIZED THAT WE WERE ADVERSELY IMPACTING THE PROPORTION AND APPEARANCE OF OUR NEW HOME. THEREFORE, WE ARE APPLYING FOR A MINOR AMENDMENT TO THE PUD SEC. 2-20-I50(b), TO ALLOW THE DORMERS AS BUILT BY THE MANUFACTURER. WHILE THE MID-POINT OF THE EXHISTING DORMER IS 19'6 1/2" ,AND IS TALLER THAN THE 18' MID-POINT REQUIREMENT, ALL OTHER DIMENSIONS OF THE DWELLING MEET ZONING REQUIREMENTS. THE MID-POINT OF THE GABLE END ROOF IS 15' 1 1/2" AND BELOW 18', AND THE RIDGE OF THE ROOF IS AT 21'2'/d' AND BELOW THE 23' ALLOWED. THE DORMER RIDGE DOES NOT EXCEED THE ROOF RIDGE HEIGHT. TOTAL SQ. FOOTAGE OF THE BUILDING IS 1752 SQ.FT., LESS THAN THE 2200 SQ.FT. ALLOWED BY F.A.R. THESE CALCULATIONS ARE CONFIRMED BY THE ELEVATIONS PROVIDED. THE WOODY CREEK HOA BOARD HAS BEEN INVOLVED WITH THIS REQUEST FOR THE MINOR PUD AMENDMENT, AND APPROVE THE EXEMPTION. WHILE THERE IS NO SPECIFIC LANGUAGE CONCERNING DORMER HEIGHT IN THE PUD, THE HOA NOW REALIZE THAT WE MUST ADRESS THEIR SIZE SO THEY DO NOT BECOME MASSIVE. AS A RESULT OF THIS CIItCUMSTANCE, THE HOA BOARD HAS BECOME AWARE OF THE DORMER CONDITION AND HEREAFTER WII,L RESTRICT THE SIZE OF THE FOOTPRINT OF DORMERS ON THE ROOF SURFACE. THANK YOU FOR CONS ERING THIS APPLICATION. DON McALLISTER . 3ia^ ~ w 7 ~' b~', o w A. cc11~~ ~~ ~~ ~ ~, ~~aa ~ p. Goyg R ~~`-'ro nO Fn o~~, m'S 0 fl V'y N~'TG M`iC~t ~ E ~ C 'J' ~m.. r~'~ o ~ f7 .Q ~ A P. a ~ ~ 4r ~ fD W ~ ~ ~ ~ o a ' Q. ~~~ ~ ~~ ,; A s a~ S ~l • O ~ ~ o ~ 9 g ~ E ° m ~' n ~ ~, i 9 ~ ~ ~ rr 5'3 ~ a ooh e~ E N eg Q ,~, • ~~,~ a ii yY( s v O v vv ~ ~ ~~~~ ab nR 9N-~4 ~~ S.Q~ ~b ":~ G m A w W T S .. S .. ~_ L - S s y 4. ~ O O ] . ~ O ~^ ~ @ ~ ~ o_ ~" b ~ ~ V/ O ~ a ~~ c, O~ ~~ m-K g ~~~ s ~~ ~~~ ~S~ ~ ~ As ~ ~ ~~O S ~ ~ ~ ~~ ~ ~ a . ~ . p p i R ~ ~ 1 ~ 1 f- O pQ E m t .ii ~~ 44~ ~P m N AtlM~~ ~ ~S N ~ "g4 ' / NS ~® ~s qS $i ~ -~ a ,;, o ~6 N ~ m ffi ~ A ~j l'- No ~ Wo a I y e0 _ ~° a = ~ Q ' f~- .~ ~ ~ AtlM~~ ~ ~~ - _ . ~G ~ ~ . _.-- ~ i O F T~ / 4p~ .~~ - // O ~.~ ~ . i1; }~ 1~U~ 1 D ~(~} 316106 WARRANTY DEED THIS DEED, made this 25th day of June, 2008, between Woody Creek Mobile Homeowters' Association, a Colorado nonprofit corporation of the said County of Pitkin and State of Colorado, Grantor, and Donald R. McAllister and Sandra K. McAllister whose legal address is: P.O. Box 475, Woody Creek CO 81656 of the said County of Pitkin and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of ( $98,800.00) Ninety Eight Thousand Eight Hundred dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, has grutted, bargained, sold and conveyed, and by these presents does grant, bazgain, sell, convey and confum, unto dte grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all dre real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado described as follows: Lot 56, WOODY CREEK SUBDIVISION P.U.D., accorduig to the Fiual Plat Woody Creek Subdivision P.U.D. recorded September 29, 2005 in Plat Book 75 at Page 21 as Reception No. 515410, and Amended Plat of Woody Creek Subdivision recorded November 8, 2006 in Plat Book 81 at Page 83 as Reception No. 530808. COUNTY OF PTTKIN, STATE OF COLORADO. also latown by street and number as: 214 Woody Creek Laue, Woody Creek, CO 8165G TOGE1'IiER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, tents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above baz~gained premises, with the hereditaments and appurtenances. ^ 1'O HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigtts forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, iv fee supple, and has good right, full power and lawful authority to grant, bazgain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except: See Attached Exhibit 1 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WI3EREOF, the grant/~o//r `ha//s executed this deed on the date set forth ¢bove. (La~CrrW.c/~ ~eGf' Adnetme C. Rowberry as Attorney in Fac for Woody Creek Mobile Homcowners' Association, a Colorado nonprofit corporation STATE OF Colorado ) ^ ss. COUNTY OF Eagle ) The foregoing instrument was acknowledged before me [his 25th day of June, 2008, by Adrienne C. Rowberry Attorney in Fact for Woody Creek Mobile Homeowners' Association, a Colorado nonprofit corporation My commission expires: Maz~ch 28, 2009. SHiRLEI( HELMER NOTARs` ['UBLIC STATE O~ LOLL ~ Rattn*.~~s;.:; _-xritas Mac 28, 2009 Witnes ha dgqa~~nd~~ off(i/cJ~ se ' obry Public Stewart Tide of Colorado. Inc. Order Number: ]4964 No. 921 A -Warranty Deed - To Join[ Tenants Page 1 of 1 ~Q~('(IF DON McALLISTER LOT 56 WOODY CREEK SUBDIVISION 214 WOODY CREEK PLAZA WOODY CREEK, COLORADO 81656 PARCEL ID 264316106056 ~C'~ri~J~'7 ~w~ to ~~ X16 -~5 ~ PITKIN COUNTY PERMIT # 0042.2008.PRBU OWNER: DON MC ALLISTER CONTRACTOR: M & M CONSTRUCTION LLC STREET ADDRESS: 214 WOODY CREEK PLZ WOODY CREEK CO 81656 USE CLASSIFICATION: USE ZONE: OCCUPANCY GROUP: OCCUPANT LOAD: DATE ISSUED: 8/25/2008 TYPE OF CONSTRUCTION: COMMENTS: THIS PERMIT BECOMES NULL AND VOID IF WORKOR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN ONE YEAR, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF ISO DAYS AT ANY TIME AFTER WORK IS COMMENCED. THIS CARD MUST BE POSTED SO IT IS PLAINLY VISIBLE FROM THE STREET. FAILURE OF PERMITTEE TO CALL FOR INSPECTION AS PROVIDED BY ORDINANCES MAY RESULT IN PENALTY. INSPECTIONS REQUESTED BY7 AM WILL BF, DONE THAT DAY; REQUESTS AFTER 7 AM WILL BE DONE THE NEXT DAY. ALLOW THE WHOLE DAY FOR INSPECTION TO BE MADE. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT (970) 920-5526 ~!?",~JO PITKIN COUNTY ~} CITY O 130 South Galena 970 / 920-5526 970 / 920-5090 .- :. ~• ~ ,~'t"~~y Aspen, CO 81611 970 / 920-5532 Inspection Line 970 / 920-5448 Inspection Line PERMIT NO General Permit ., n.. e..F s.. ~ nlefe .. mhom(I enaroc nnN _ JOB ADDRESS _~ ~~~~~ 1 BD O 4 (?t J ,%.; 1 11~. ~~ IC.. 3•"..,., l- V G.-i'~"' 0 '_r C LEGAL DESCRIPTION .~.~ _. 1 ~ 2 ' ~ ' i O - DE ' . L..,F~{ I ' / ~ I x i iJ L.tl:' l t Y'i'yi ~' t \. OWNER S MAIL ADDRESS ZIP PHONE ~ :. FD l Yv .,i.'.. ~~ 4 !. ~ ~ f.4' ~ ..: ' #r'.':i ~ f/...~ p,f`'C l.`.'.}~~ ILiA lf:C. f~..: t..~`-~4~ r ~ ~ .. ~t /.~ FN OWNER'S AUTHORIZED AGENT ~ MAIL ADDRESS PHONE UCENSE NO i t MH ~ / PHONE LICENSE NO RAIL ADDRESS 1 \ " " y M~ I - , ~ j CONTRACTOR r l1 ' ~ S~) V R n it r _.. ~ ..;I ~ r,'R•sn' 1 I a k ".1, RF Q _ ARCHITECT OR ENGINEER OF RECORD J MAIL ADDRESS 5 PHONE LICENSE NO ?: :.~.. V L ~ ..I I, C ~ J„v ........ ,_t :}.1 "~+ f ~ Y V ~ d ~ j .. f , 1 ENERGY CODE FEE USE TA% CENSUS CODE G.LS. FEE ~ `GLASS OF WORK 7• NEW ^ ADDITION ^ ALTERATION ^ REPAIR ^ ..,.....,,,.e ,.-.. ~? ~ ~~ `~ '' i F" - -•' ~ i~ m ~ ~ ~ ."° r . ~J usE oF-a41LDINC 75 SINGLE FAMILY ^MULTl-FAMILY PLAN CHECK FEE r m PERMIT FEE zoNlNC FE ~ 8• ^ COMMERCIAL/RESIDENTIAL ^ COMMERCIAL ^ OTHER M` ,-- "' "' ~ ~ VALUA«ION O~ ORK I % ,{ `~/rf1 STING SO. FOOTAGE iXI SQUARE FOOTAGE Ty t C ns ucfon ~ Occupancy Group Lot A ee Z rG>,Z.. 9 O .,~. W te ~ od service in this building ^ YES No f I th 11 Size of Builtlin ^ l s a r c e ~J No. of Stones Occ. Load s ere o . qu r ( g a ' ~ ? ~ ~ I ~ ~ No ^ Yes 12. Is LPG used OF eEDflO MS NO Use Zone rinklers Required4 ^Yes ^Nc Flre S . p .•~ J3(,-~ \\ ~ (%I , ll 920-5160 ~ ~ / ' ~ l ID# P f ~ 13 E%IGTING P~QDED 1 ~ ~,) ca arce . `a-' j ~f Alarm System RequiretlP ^Yea ^No ' Description of Work 14 nits No. O`f Dwelling OFFSTREET PARKING SPACES . d ( Covered Uncovere ~ ~ / ji ' SPECIAL APPROVALS , ~ REQUIRED ALyT RIZEQ aY TE, ;". _ .. ,'. 1 I C , - ! ~. r h r \ V' 'LY ' "` • I ZONING W ~ I v ~ i k. ~ Cf ` -~ . a H.P.G '$"e., ... 4 - _~~ •~~ \' 7 •~ ~ y PARK DEDICATION t- - + ~ v HEALTH ENVIRO PRESUBMITTAL APPLICATIOIJALCEPT~D It ~ y PLANS CHECKED pyPROVED FOR I55WNCE r.- . ENGINEERING n<[ J~ ~ 5 ~' ~~ ? ~ I ""' BY ) J BV M1r! ~BY Y-J4! 9Y~ PARKS ~r Y „ j// y ''~ ` ^ -~~ 1 NATURAL RESOURCES DATE ~" T "~fl DATE DATE ~I~ GATE ', '^~ FIRE MARSHAL ~ NOTICE wnTEa TAr SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING ASPEN CONSOL. SAN. DIST. , OR AIR CONDITIONING. ' ' / v ERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS IS OTHER -t ,..:~ i. V J P TH NOT COMMENCED WRHIN 12 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED PAYMENT OF PITKIN COUNTY USE TAX ORkBANDONED FORA PERIOD OF IRO DAYS AT ANY TIME AFTER WORKIS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND E%AMINED THIS APPLICATION AND KNOW THE ^ MONTHLY OR QUARTERLY RETURNS WILL BE SUB~.AITTED. SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOV- ERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR QQ .bEP051T METHOD .5% OF 25% OF THE PERMIT VALUATION PAID NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORnY TO VIOLATE 'v qT ISSUANCE A FINAL REPORT ON TOTAL ACTUAL COST MUST OR CANCEL THE PROVISIONS OF ANV OTHER STATE OR LOCAL LAW REGULATING CON- gE FILED WITHIN 90 DAYS OF SUBSTANTIAL COMPLETION OF STRUCTION OR THE PERFORMANCE OF CONSTRUCTION. IT IS MV RESPONSIBILITY TO VJORK AND / OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. REVIEW THE APPROVED PLANS AND ANY COMMENTS THAT ARE CONTAINED THEREON ' ' PROJECT IS BUILT IN COMPLIANCE WITH ALL $EE THAT THFy1STRUCTU~,}WD AND ^ EMEMPE EREMPT ORGANIZATION ~ , .PLI//..ABLE CODB$. !. /// ~ J~, ~ Jj % ~ ~ ~ /,~~^ ,~ ,~¢- /~' ~`~~ ^ RESALE: STATE &PITKIN COUNTRY RESALE NO. ' x ' ` ~ r~ ~ r ~~ ', ~ ..:~ ~- ' " t i '~ C ~ ~'f 2 ~~ `, THE DEPOSIT METHOD WILL BE ASSUMED UNLESS OTHERWISE NOTED. SrGNATURE OF CO T- RJ~ 1 ~ (OA~ T i / / t ~~, ANYO EWHO USES AND/OR CONSUMES BUILDING MATERIALS AND FI%TURES IN N ~ ,M ,,f ~1 Ly ~.l ~r p~. T~1 ~ ' ~ PITKIN COUNTY IS SUBJECT TO THE.5%USE TAX. ~.., _ , RM~M, , ,,A. PROPERTY LIENS MAV 8E PLACED ON THE OWNER'S AND /OR THE CONTRACTOR'S PROPERLY WHEN USE TAX IS NOT PAID SIGNATURE OF OWNER (IF OWNER BUILDERI (GATE) THIS FORM IS A PERMIT ONLY WHEN VALIDATED Energy Code Fee Plan Check Fee Zoning Fee ASPEN. PITKIN COMMUNITY DEVELORMENT DEPpRTME,NS PERMIT ~+PPLICATION WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE GIS~~Ftre~~e, Permit Fee Use Taz Deposit Fee dthfl~fees .,. `.~. _ ':} _; /~ WHITE-FILE COPY CANARY-APPLICANT ~ - ~~e~ ~ ~ 2b4 3161 v60Sb :I~np:~J yo I of o I _ -i I~ -II... TI ~'SI IN ~Iy' Ic ~ m O ~ ~~ ~ ~ SIN OILS IT rlo OIN Il Zlm RI ~I~ YI.. .~I~ ~ 1I p _. WI I.n ma D~ ~O N_ :DT~ I I ml I I I I O z N N ~ r s o ~ ~ c G7 ~ m ~ o "' ~ m m ~~ G D ~ ~ -i m A ~ .~ p O o ym Z Z c 0 o = 0 3 ~~ ° s ga AAy F ~~ y D ~ O S I ~~a T ss ~~AZ €1~ A ~ y ~~Z T !a n A D ~ ~ 3 m ,~ Z Z ~ ~, m m O ~ro ew p m I o ~ ;~ o I ~ L _ L= O m D S ~ ~T- _ O~ ~$ 3 OI$ l0 Rio' °m ' p - s~N ~ v ~~'N A^N ~ \ J - ~0 ~4 lip 9 p ~Is ~I^~ -1 Jc AIR D O y X , 33 ~I I ~I IT m ~ ~ Z mN ~ < 0 N ' ~ 0 "y: '~ r ~\ Purpose FZNAL WOODY CREEK SUBDIVISION PLANNED UNIT DEVELOPMENT GUIDE On May 11, 2005 the Pitkin County Board of County Commissioners (hereinafter the "Board") approved the woody Creek Subdivision Planned Unit Development (hereinafter "WCSPUD" or "PUD") Detailed Submission/Final Plat (Site Specific Development Plan) pursuant to the Pitkin County Land Use Code (hereinafter the "Code") Section 3-170 of the Code establishes the Planned Unit Development (hereinafter "PUD") standards which allows variance from the strict adherence to the area and bulk requirements of underlying zone district within the PUD. The County has requested the Aspen/Pitkin County Housing Authority Board (hereinafter "applicant") to prepare the Woody Creek Subdivision Planned Unit Development Guide (hereinafter referred to as "PUD Guide" or "Guide") to be reviewed and adopted in conjunction with the WCSPUD. The purposes of the PUD Guide are to: A. Identify area and bulk requirements approved pursuant to Section 3-170 of the Code. B. Identify variations from Land Use Code standards approved during the land use review process. C. Facilitate the Pitkin County Zoning and Building Department reviews by establishing approved variations from typical review standards. D. Identify standards enforceable by Pitkin County in one document separate from the Declaration of Protective Covenants, Conditions and Restrictions for the Woody Creek Subdivision Planned Unit Development. II. Pitkin County Land Use Code The Woody Creek Subdivision Planned Unit Development has been reviewed based upon the Pitkin County Land Use Code in effect on May 11, 2005 ("the Code") the date the Detailed Submission/Final Plat land use application was certified complete by the Pitkin County Community Development Department. Zoning and building permit reviews for all development in WCSPUD shall be based upon the Code and the WCSPUD Guide. Unless noted, the WCSPUD Guide supersedes section 3-270 of the Code. ~~~6,~ n. 1 ,.f~ (` -~,._ , ~: , ENFORCEMENT Each provision of this PUD Guide shall be specifically enforceable by the Declarant, its successors and assigns, and Pitkin County by a proceeding for any legal or equitable relief, including prohibitive or mandatory injunction or action to recover damages. In the event of any litigation between the parties involving the interpretation and/or enforcement of this PUD Guide, or any provision hereof, the prevailing party shall be entitled to an award of its costs incurred therein as a part of the judgement or stipulated settlement entered in such litigation. AMENDMENT The covenants, conditions, and restrictions contained herein may be amended, modified, or revoked by the agreement of the Declarant, its successors and assigns, and Pitkin County. No amendment or revocation shall be effective without the consent of the Declarant and Pitkin County. SEVERABILITY Invalidity or unenforceablility of any provision of this PUD Guide, in whole, shall not affect the validity or enforceability of any other provision, or any valid and enforceable part of a provision of this PUD Guide. NOTICE Any notice permitted or required under this PUD Guide shall be in writing, and delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered forty-eight (48) hours after a copy has been deposited in the United State mail, postage prepaid, certified mail, and addressed to the party at their last known address. IN WITNESS WHEREOF, the Declarant has executed this PUD Guide as the day and date first above written. DECLARANT: ASPEN/PITKIN HOUSING AUTHORITY Hy ~~;. ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Patti Clapper, Chairperson STATE OF COLORADO ) ss. COUNTY OF PITKIN ) day The foregoing instrument was acknowledged before me this of 2005 by of ASPEN PITKIN HOUSING AUTHORITY. as Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 2005, by Patti Clapper as Chairperson of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. Witness my hand and official seal. My commission expires: Notary Public WHMP.REC na~nrl j, WOODY CREEK SUBDIVISION PLANNED UNIT DEVELOPMENT GUIDE THIS Woody Creek Subdivision Planned Unit Development Guide (hereinafter "WCSPUD Guide" or "PUD Guide") is made this ~~ day of ~~/~iE~'%~~~~- 2005, by the Aspen/Pitkin Housing Authority, it's successors and assigns ("Declarant"). RECITALS WHEREAS, the Declarant is the owner of all the real property in Pitkin County, Colorado, described in the Woody Creek Subdivision Planned Unit Development Final Plat, recorded on 5~r,rFKet~~_ 4~ 2005 in Plat Book 7J~ at Page ~,2.(y. WHEREAS, on May 11, 2005, the Pitkin County Board of County Commissioners (hereinafter "the "Board" or "Pitkin County") approved the Woody Creek Subdivision Planned Unit Development (hereinafter "WCS PUD") Detailed Submission (Site Specific Development Plan) pursuant to the Pitkin County Land Use Code (hereinafter "Code") Section 3-170 of the Code establishes the Planned Unit Development (hereinafter "PUD") procedure which allows variance from the strict adherence to area and bulk requirements of underlying zone districts within a PUD; and WHEREAS, The County has fully considered and approved the Detailed Submission, as evidenced by Pitkin County Resolution No. 041-2005 granting Detailed Submission approval to the WCS PUD and the County has fully considered and approved the Final Plat as evidenced by Pitkin County Resolution No. 041-2005 (hereafter collectively, the "Development Approvals"). NOW, THEREFORE, Declarant hereby submits the Property to this Woody Creek Subdivision Planned Unit Development Guide ("PUD Guide") and declares that the Property shall at all times be owned, used or occupied subject to the provisions of this PUD Guide, which provisions shall constitute covenants running with the land, and shall be binding upon and inure to the benefit of Pitkin County, and the Declarant, and any person or legal entity acquiring any interest in the Property. FURTHER DEVELOPMENT Future development of the Woody Creek Subdivision PUD, except as permitted herein, or which is otherwise inconsistent with the Development Approvals is prohibited without approval of Pitkin County. '~u`n(V~ J III. Land Uae Plan ®cn9 //rAP depicts an overall site plan for the WCSPUD. This section establishes permitted land uses. Land uses not identified are prohibited. A. Lots 1-58 Permitted land uses are limited to~one single-family dwelling unit ~ per lot and related accessory outbuildings sucFi~s s H. Open Space Parcels A-C Open space parcels are to remain undeveloped. The existing structure located on Open Space Parcel C shall be demolished prior to issuance of a certificate of occupancy for the waste water treatment facility building. Landforms in excess of 30 inches in height developed in compliance with the WCSPUD Landscape Plan (see Figure 2) and landscaping are permitted on the Open Space Parcels. C. Common Tracts 1-3 This section establishes permitted land uses on the Common Tracts. 1. Common Tract 1 - Common Tract 1 may be improved with a trash structure to enclose a dumpster(s) and a waste water treatment facility. The dumpster(s) need not be enclosed within a structure. The waste water treatment facility building will be developed in general compliance with Figure 3, WCSPUD Waste Water Treatment Plant Improvments Plan; Figure 4 and WCSPUD Waste Water Treatment Plant Outfall Line. The waste water treatment plant shall be located within the building envelope on Common Tract 1 as defined on Figure 3 and the WCSPUD Final Plat recorded at Book 2~ Page ~/-~<f 2. Common Tract 2 - Common Tract 2 will be improved with the common building(s) for the WCSPUD Homeowners. Future improvements shall be located within the building envelope defined on-~~- and the WCSPUD Final Plat recorded at BK Z P ~i-a y. Permitted uses on Tract 1 include: picnic shelter, storage facility, meeting rooms, kitchen, restroom, guest/mother-in-law apartment(s), workshop, ski and snowboard tuning room. __Legal_ registered vehicles,___traia,ers and boats may _be parked -on -""C~mYP[Sn -~a.ch ..2., on the south side of the existing buildings until the Tract is redeveloped as ro ose `-~ p p „d in the Plan. ---- "'-' ` x J~ ?.i,,., r The existing structures located on Common Tract 2 are legal non-conforming structures which may continue to exist. Any replacement structure(s) shall be developed within the approved building envelope referenced above. The existing legal non-conforming commercial use of one of the buildings on Common Tract 2 may continue to exist. If the non-conforming use is discontinued for more than one year, the non-conforming use of the structure shall be permanently discontinued. 3. Common Tract 3 - Common Tract 3 may be improved with a laundry mat for use of the WCHMP residents and a trash structure to enclose a dumpster(s) The dumpster need not be enclosed within a structure. Use of the laundry mat by non-residents is prohibited. D. Parking j~~ Parking in the WCSPUD is limited to residents and their guests. ~ Automotive vehicles and trailers shall be parked in the common parking areas designated on Figure 1 or on Lots 1-54. Thee three I~~'~'q~, designated common parking areas are located west of the Woody Creek n P~,~ Tavern, north of Common Tract 2 • and west Open of Open Space C. Js~i (Wastewater Treatment Facility). ~~ i.~i" ~y Each individual lot shall include areas to park two vehicles. On- T` ~~~~street parking and parking in Open Space Areas or Common Tracts is ,i`~ri~i~ Lic prohibited. Use of the parking areas by non-residents is prohibited ~,p:~~ unless they are guests visiting WCSPUD residents. ~~~. Vehicles or trailers parked in common parking areas shall be limited to vehicles and trailers with current, valid, Colorado license plates. The existing structure located in the parking lot on the south side of Lot 15 shall be removed or demolished upon redevelopment of Common Tract 2. Parking may be permitted on the south side of the buildings on Common Tract 2 until the Tract is redeveloped. IV. Area and Bulk Requirements This section establishes area and bulk requirements for the WCSPUD. The development of most lots in the Park will benefit from some form of zero lot line development. The purposes of the zero lot line development are to maximize solar gain and the size of yards and to minimize fire danz~'€r.-"°""'°""°'~"""'--- a nv~ •7 .) ~i .~ ,1 ~~ CU A. Setbacks and Uni~~\\Spacing for Lots 1-44 This section estal~,lishes yard setbacks and unit spacing for LOtS 1-44 \ 1. Setbacks Building to Cour~ty Road Building to Private Road Building to Prope ty Line Building to PUD B undary Lot 1 Building to ounty Road 2. IInit Spacing ~ Side to Side \'~ Side to End \ End to End B. Setbacks for Lots 45-58 \ This section establishes yard setb~-ick Front yards are those yards adjace t~ south with the exception of Lot 5 . adjacent to the street running ea t 1. Setbacks for Lots 45,,.46 an Front Yard i Rear Yard %~ North Side Yard i South Side YarcL' i 2. Setbacks fori~ots 47 and 48 Front Yard/ Rear Yard/ North Siege Yard South Side Yard 3. Setbacks for Lot 50 Front Yard Rear Yard North Side Yard South Side Yard 4. Setbacks for Lots 51 and 54 Front Yard Rear Yard i pr1f. ri J~.,.._~ -3 7-ft . /U' 5 ft. 0 ft. iTTC : /O 1 ft. 5 ft. 0 t. 10 f ~+' 10 ft. 5 ft. ~ ~~~ 515412 ~~~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~ ~~~~~~ ~~~~~ ~~ ~~~~~ IIII ~~~~ 0 09/29 2®000 2:021 14 ft. 0 ft. 0 ft. 5 ft. 5 ft. 10 ft. 10 ft. 10 ft. > for Lots 45-58 to streets running north to The Lot 58 front yard is ~ west. ~49 10 ft. 5 ft. 0 ft . ~~ -- -~ /o ~' r,L~ ,~~~> ~/ 1 "n~~~~~~"I The minimum Lot width is 30 feet. F. Minimum Street Right-of-way The minimum street right-of-way is 10 feet. G. Maximum Floor Area 1. Lots The allowable floor area of improvments on a lot shall be the horizontal square footage of the lot, as calculated by a survey, multiplied by a Floor Area Ratio of .56 or a maximum of 2,700 square feet of floor area, which ever is less. 2. Common Tracts Floor area is limited to 1,000 square feet on Common Tract 1, 10,000 square feet on Common Tract 2 and 1,500 square feet on Common Tract 3. H. Maximum Height 1. Lots Structures on Lots 1-58 are limited to a 18 foot height limitation as measured by Pitkin County at time of building permit submittal. 2. Common Tracts The structure(s) on Common Tract 1 is limited to a height of 14 feet. The structure(s) on Common Tract 2 is limited to a height of 18 feet and the structure(s) on Common Tract 3 is limited to a height of 16 feet. V. Fencing and Accessory Structures This section establishes standards for fencing and accessory structures. A. Fencing This section establishes standards for fencing. 1. Location on Lots If a lot owner develops a fence, it shall be located on the lot he/she owns. Individual lot owners shall not fence Open Space areas or Common Tracts. The Woody Creek 8 515412 IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII III VIII IIII IIII0 09929 D2000012:021 r~(~r;;;1';~ Mobile Subdivision Planned Unit Development Homeowners Association may fence Common Tracts and Open Space. 2. Maximum Height The maximum fence height is six feet. 3. Relationship of Fencing to Dwelling Units Fences shall be located at least five feet from dwelling units if the fence runs parallel to the wall of a unit. The five foot fence setback provides for fire separation and maintenance of yards and dwelling units. Fences may encroach within the five foot setback at the end of a fence to bring closure to a fenced yard at the dwelling unit. This encroachment within the fence setback provides for a dwelling unit to serve as one or more sides of a fenced yard. B. Accessory Structures This section establishes standards for accessory structures. ~~~ ~,?~,,~ In most cases accessory structures are storage sheds. 1. Location on Lots r",'~ ~~ If a lot owners develops an accessory structure, it shall be located on the lot he/she owns. Individual lot owners shall not develop or place structures on Common Tracts or Open Space. The Woody Creek Subdivision Planned Unit Development Homeowners Association may develop or place structures on Common Tracts as permitted in the WCSPUD Plan. 2. Materials Accessory structures shall be constructed of materials with one hour fire. wales which are not shared by ad'oinin dweli.'i"""`"""...".~,,..,. 7 g ng units- 3. Height The maximum height of an accessory structure is limited to 12 feet. 4. All new accessory structures shall be a minimum of 10 feet from any neighboring dwelling unit or other accessory structure. 9 Ei~ fZ i' ~~ `~ ~ Page 09/29/2005 12:021 ((~~ IIIIIIIIIIII IIIIII IIIIIIIIiiIIIIiI VIII III IIIIII III IIII 5154e ?. 13 SILVIP DRVIS PITKiN COUNTY CO R 0.00 D 0.00 VZ. Fire Mitigation The WCSPUD shall implement the fire mitigation program defined in this section. All development within the Park shall adhere to the applicable fire mitigation standards in this section. A. Tall grass shall be cleared and maintained within ten feet (10') of residential and accessory structures. g. Non-combustible roof material, including, but not limited to, tile, asphalt, or metal roof material is required. Wood shake shingle roofs are prohibited. C. All new dwelling units developed after the effective date of the approval of the WCSPUD Detailed Submission shall contain operational interior sprinkler systems. D. Lot Owners shall be required to keep all roofs clear of debris. E. Lot Owners shall be required to remove tree branches hanging within fifteen feet (15') of chimneys. F. Lot Owners shall be prohibited from parking any motor vehicle in tall dry grass. G. Lot Owners shall be required to stack firewood at least 10 feet away from structures, and to keep fire fuels away from stacked wood. H. Lot Owners shall be required to maintain at least one (1) ten- pound ABC-class fire extinguisher in each dwelling unit. VII. Lighting Lighting shall comply with the standards of the Pitkin County Land IIse Code in effect at the time of installation. VIII. General Restrictions The following general restrictions shall apply to the WCSPUD. A. underground IItility Lines All new water, electrical, telephone, natural gas, and other utility pipes or lines within the Subdivision, shall be buried underground and not be carried on overhead poles or above the surface of the ground. All utilities shall be buried in or adjacent to roads or driveways, or within utility easements designated on the Plat. Areas disturbed by the burying of 10 I IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III IIIIII III IIII a 9/ 9 /42 0050 23021 i utility lines shall be revegetated by and at the expense of the lot Owner or lot Owners causing the disturbance, and shall be accomplished no later than the next growing season following installation. B. Rubbish and Trash All rubbish and trash shall be removed from all lots and shall not be allowed to accumulate, and shall not be burned thereon. C. Radon Gas If basement development is proposed, the lot Owner proposing development of a basement shall be responsible to check for radon gas which may exist on their lot. Mitigation of radon gas shall be required if a basement is developed on a lot impacted by radon gas. WMHP. PU3 IIIIIIIIIIIIIIII~~IIIIIIIIIIII~IIIII~IIIIII~IIIIIIIIIII 09 29 2005{123021 0 D 0.00 11 ~1~~+~~,-nn :. V • ADNIINISTRATIVE DECLSTON OF THE COi1311ZUNiTy DEVELOPMENT DIItECTC PTTKIlV COIINTY, COLORADO, APPROVING THE WOO]>y q>~EK SUBDIVISION MINOR AMENDMENT TO A DEVELOPMENT PERMi7' TO ADJ[7Si' SETBACKS Decision No.~~ 2007 RECTTALS 1- Woody Creek Homeowners Association ("Applicant'), has applied to the Community Development Director of Pitlan County, ("Drector" ), pursuant to Section 2-20-15 Use Code (°Code ~) of the Pitkin County band ''), in amend the Woody Creek Subdivision (formally the mobile home park) PUD Guidelines to reduce the setbacle for Lots 45-58 (new portion of the Subdivision). The setbacks are established on Pages 6 and 7 ofthe Gmdelinees, which are recorded per ~~ number 5 ] 5412. This will constitute the fourHr amendment to the Subdivision approvals. 2. The properties are tuned MHP/PUD. 3. The Planning and Zoning Commission granted approval to the Housing Office for a fully developed land subdivision exemption for the Woody Creek Tavern and Mobile Home Park pursuant to Resolution No. PZA9-2. A Fully Developed Land Subdivision plat was recorded as Book 54 at Page 76. 4• Additionally, the BOCC granted approval in 2001 for Conceptual Subdivision, Planned Unit Development, GMQS Exemption for deed.restricted Ibusing units, Rezoning from SR to MHP/PUD and Special Review for parking in the PUD pursuant to Resolution No. 085-2001. In Apri12005, the properly received Detailed and Firml Plat and GMQS ~emPtt~npproval purstiant to BOCC Resolution 046-2005. A Minor Amendment was granted m 2006 pursuant to Administrative Decision No. 99-2006 for some lot line adjustments and a subsequent Amendment was granted by the BOCC to elmrirrate the fire sprinkler requiremetrt for each residence in 2007 (020.2007). The BOCC amended Condition No. 5 of BOCC Resolution No- 046-2005 pursuant to BOCC Resolution No. 047-2007. 5 • The Applicant submitted a canplete application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code- 6. The Director finds that the request is crorrsistent with the requirements of the Land Use Code. APPROVED by the Director, subject to the following conditions: I . The Applicant shall adhere to all material representations made during the application process. 2• The Applicant shall comply with the provisions of Plarming and Zoning Commission Resolution No. PZ-99 2, and the Board of County Commissioners Resolution Nos. 085-2001, 046-2005, 020- 2007 and 047-2007, and Administrative Decision No. 99_2006, unless otherwise replaced or amended by the conditions of this or said approvals. 3- The Woody Creek Subdivision PUD Guidelines (Reception No. 515412 "IV. Area and Bulk Requirements" shall be amended as foibws: ~ -. RECEPT-ON#_ 543114, 10H5l2007 at 01:17:30 PM, ,~ 1 of 3, R $0.00 Doc C r~ !J r. ~ DECISION ode ADMIN Janice K Vos Caudill, Pitkin Courrtv, CO A. - Lofs 45-54: Decrease south side yard setback from 15' to 10'. - Lots 47 and 48: Decrease the front yard setback from 17' to ] 0'. -Lot 55: Reduce the rear yard setback from 10' to 5'. - Lot 56: Reduce the rear yard setback from 10' to 5'. - Lot 57: Reduce the rear yard setback from 10' to 5', and reduce the south side yard setback from 15' to 10'. B. Number 10 shall be added to Section IV of the PUD Guidelines that states: "The following overhang encroachments are allowed within the yard setbacks required above in the PUD Guidelines. This allowance does not apply to decks or covered porches. For Lots 56-57: One foot overhang encroachment toward nordt lot line and a two foot overhang encroachment toward the south lot line. For Lot SS: Three foot encroachment iirto front yard setback Lot 50 shall have no overhang encroachment allowance." APPROVID by the Director, this ~1b~ day of G~L,as , 2007. Cindy Houben, Community Development Director P1D# 264316105812 P144-07 ') L"~ , rC Pitkin County Community Development 130 South Galens Street Aspen, Colorado 81612 Dear Sir/Madam: 1-10-2009 We reside at Lot 57, Woody Creek Subdivision, adjacent to Lot 56 owned by the McAllister's The current design and appearance of the structure is agreeable with ws, and causes no impact on our residence. Therefore, we authorize the Minor Amendment to the Woody Creek PUD to allow the dormers as constructed. ~. ~ ~ ~ Dan Kinney ~~ w~~~~ ~~yLE~~ '~ ~~~~:, January 10,2009 PitkinCounty CommunityDevelopment 130 South Galena St. Aspen, Colorado 81611 Deaz Sir/Madam: We aze the owners of Lot 55 Woody Creek Subdivision, to the immediate West of the property owned by Sandy and Don McAllister. Their home causes no impact or burden to our property, and feel that the design of the home improves the overall appeazance of the neighborhood. We approve their request for a Minor Amendment to the Wody Creek PUD. f _.. _._ Steve and ~lazch He ey -.;z_.._.. f ,i i _~``` 1 _~~.~'-' ~~ .3 '19 f4: i~ {. ;.. 'J Woody Creek Mobile Homeowners Association P.O. Box 95 Woody Creek, CO 81656 (970) 923-1065 (phone & faa) January 10, 2009 Pitkin County Community Development 130 South Galena Street, 3`d Floor Aspen, CO 81611 Deaz Sir/Madam: The Woody Creek Mobile Homeowners Boazd of Directors has reviewed the proposed amendment to the PUD and approves the proposed guidelines. As the President of the Woody Creek Mobile Home Pazk HOA, I have been duly appointed and consent to Pitkin County Community Development to process this application. The authorized representative for this application is Don McAllister. ~_ Lanny Ct 's /-/0-~9 Date '~C;nE'',``' PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 January 23, 2009 Don McAllister PO Box 475 Woody Creek, CO 81656 smack@rofnet Re: McAllister Minor Amendment to a Development Permit (CASE P001-09; PID 2643-161-06-056) Deaz Mr. McAllister: 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 chazge of the review will request the information from you directly. If you have any questions, please call Cari Anne Holcomb, the planner assigned to your case, at 920-5092. Sincerely, Bonnie Waechtler Administrative Assistant PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Pitkin County Zoning Woody Creek Homeowners Association Woody Creek Caucus FROM: Cari Anne Holcomb, Community Development Department Re: McAllister Minor Amendment to a Development Permit (PID 2643-161-06-056; Case P005-09) DATE: January 23, 2009 Attached for your review and comments aze materials for an application submitted by Don & Sandy McAllister. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, February 27, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Cari Anne Holcomb From: Rob Pew [rpew@mac.com] Sent: Thursday, February 26, 2009 5:13 PM To: Cari Anne Holcomb Cc: Linda; Jim Collins; Janet Schoeberlein; Phill Holstein; Jackie Lothian; Ann Owsley Subject: McAllister Amendment Carri Anne, The Woody Creek Caucus Planning Committee has reviewed the McAllister An.endment request and has no objections.... Thank you For the committee Rob Pew I O C 1 MEMORANDUM TO: Cindy Houben, County Community Development Director FROM: Cari Anne Holcomb, Planner RE: McAllister Minor Amendment to a Development Permit DATE: February 23, 2009 xr.~u~~ is t ne appucant is requesting a minor amendment to a development permit to increase the height limit of their proposed dormers as measured from the mid-point above existing or finished grade, whichever is lower. The height limit prescribed in the PLTD guidelines for Lot 56 of the Woody Creek Subdivision on Woody Creek Plaza is 18 feet. Currently, the mid-point height of the dormers is 20 feet 6 inches from original or finished grade, as measured by Pitkin County Zoning Officer, Susan Pearson, for the final zoning inspection. APPLICANT: Sandy & Don McAllister REPRESENTATIVE:Same LOCATION: Lot 56, Woody Creek Subdivision (formally the mobile home park) ZONING: MHP/4,996 squaze foot Lot REFERRALS: The application was referred to the Zoning Officer (Attachment B); the applicant had originally requested at 19 foot 6'/z inches. The Zoning Officer measured the donners in order to assure the correct measurement was reflected in the approval and found it should be 20 feet 6 inches. The Woody Creek HOA also reviewed and approved the application. The application was also referred to the Woody Creek Caucus (Attachment C), who had no objections. STAFF COMMENTS: MINOR AMENDMENT (SECTION 2-20-ISOBI• A) Minor Amendments Defined A minor amendment to any development application or permit is one that meets the following criteria, as determined by the Community Development Director: 1. Is consistent with action(s) taken during previous development approvals for the propert)~; and Response: The request for a variance to increase the roof mid-height on this lot from 18 feet to 20 feet 6 inches has been approved by the HOA. The development complies with all other height measurement requirements. The adjoining property owner who will be the most impacted has also given his consent. The request is consistent with the original action taken. 2. Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and ~~ ~ Response: The use will remain the same. 3. Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearmace and method of operation; and Response: The proposed vaziance will not change the basic character of the approved use as an 18 foot height limit will still remain for all other lots within the subdivision. The variance from 18 feet to 20 feet 6 inches for the dormers will allow the completion of the development to proceed. •1. Does not constitute a new Zand development activity; and Response: The proposal does not constitute a new development activity. 5. Does not increase off-site impacts in the surrounding neighborhood,' and Response: The additional 2 feet 6 inches of the dormer will not increase off-site impacts. Additionally, the height limit of all encroachments shall be measured from the original prescribed height of 18 feet. The amendment shall not extend to any portion of the roof other than the dormers. 6. Does not endanger tl:e puhlic health, safety or welfare; and Response: The proposal will not endanger the public. 7. Does not violate any Land Use Code strnidard,' and Response: The proposal does not violate any known Code Standard 8. Does not substantially increase the need for on-site parki~7g or utilities, or affect affordable housing generation; and Response: The request does not affect pazking, utilities or affordable housing generation.. 9. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. Response: The request is in compliance with the criteria. RECOMMENDATION: Staff recommends that the Director approve the McAllister Minor Amendment to a Development Permit to amend the PUD guidelines to increase the height of the roof at the dormers as measured at the mid-point above existing or finished grade, whichever is lower, from 18 feet to 20 feet 6 inches based on compliance with the standards noted above and subject to the conditions of the attached Administrative Decision. ATTACHMENTS: A. Drafr Decision B. Zoning Officer Comments C. HOA Comments D. Caucus Comments z PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: FROM: Re: DATE: Pitkin County Zoning CPS ~~ ~ -\ a~i ~nr7e~ C'o~/1 Woody Creek Homeowners Association Woody Creek Caucus Cari Anne Holcomb, Community Development Department McAllister Minor Amendment to a Development Permit (PID 2643-161-06-056; Case P005-09) January 23, 2009 Attached for your review and comments are materials for an application submitted by Don & Sandy McAllister. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, Febnxazy 27, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. i~2~/ ~l~i sir i-4 ~ S C~a Lam. ~ -ri.cv~- '~'ltie cl v~ w~4.~s ~w,c 19 ~ (~ %z" ~.w, 1..2~1,.~- ~ W 6.a~ w~,eo~ sow d ~-- -i-G~.e (Y~`-sz~d. r ~~~~. -~ -t't-~ ~e d~,.~~-s ~ be 20' lam'' li,..- ~l-k . `(1,-ir, lti,~-.~,i.,~ ~I~oul~! 1,R~ ~ ~l~t~,a d i,,,..~_j~/ -~-~ `I-~`.cz°+~ die v-ova--Q Grk~Y d~...s ~~ ~v~n ,e I~Q,v_e bepo., c/t-,,~~"~' R~ ~ Gown p I,.,, W ~-E~l.~. -('G-e 1 c~, cl.e.- J 1~i ~u h Co v ~ `4+~ 3 ~o~~ ~~ ~~~-~~- l~ ~-`o ~0 9 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Pitkin County Zoning Woody Creek Homeowners Association Woody Creek Caucus FROM: Cari Anne Holcomb, Community Development Department Re: McAllister Minor Amendment to a Development Permit (PID 2643-161-06-056; Case P005-09) DATE: January 23, 2009 Attached for your review and comments are materials for an application submitted by Don & Sandy McAllister. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, February 27, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~~~ ~~ N-©~- p~sl D-~- ~„A,vvy C'v,~-TI S ~V~~~g ~p~~~ ~ (NQwt Dbo2 o~ Cari Anne From: Rob Pew [rpew@mac.com] Sent: Thursday, February 26, 2009 5:13 PM To: Cari Anne Holcomb Cc: Linda; Jim Collins; Janet Schoeberlein; Phill Holstein; Jackie Lothian; Ann Owsley Subject: McAllister Amendment Carri Anne, The Woody Creek Caucus Planning Committee has reviewed the McAllister Amendment request and has no objections.... Thank you For the committee Rob Pew ~I PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Pitkin County Zoning Woody Creek Homeowners Association Woody Creek Caucus FROM: Cari Anne Holcomb, Community Development Department Re: McAllister Minor Amendment to a Development Permit (PID 2643-161-06-056; Case P005-09) DATE: January 23, 2009 Attached for your review and comments are materials for an application submitted by Don & Sandy McAllister. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, February 27, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~~ UI ~ ~ fl~-~ ~p~~~ ~ }-~©A- p~sl p ,c.~N,vy C'v,~-„ s ~~~~ C,t1e~r Doo~t~ .yam N~/E~ ~,.v,~/E y ~~ I PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: FROM: Re: DATE: Pitkin County Zoning C ~~~ ~~ ~~ i Woody Creek Homeowners Association Woody Creek Caucus hh~1~?~ C'Ol~.-1~ Cari Anne Holcomb, Community Development Depaztment McAllister Minor Amendment to a Development Permit (PID 2643-161-06-056; Case P005-09) January 23,2009 Attached for your review and comments aze materials for an application submitted by Don & Sandy McAllister. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, February 27, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. I12~`~h : ~sr~ i v~ C o n c_2,v---v~ g ~ ~ (..~VV~ ~~~•Q,V' 5 `~`~`-.~'~ ~h -~ s ~ w. ~~ l~-t~.t- s ~ b ~.i~. ~. ~ bsY. Y~~ ~ ~ ~ ~i s ~--~r- . ~ -~ ~ s c1 cv ~l. -ri.a~ ~F~.e e~ oY w~_D.t~s av-,C ~ G ' [9 %" ~ L o , o, 6,,'. ~ t,J l~oM w.,eo~ S c~ V~2 d ~-- -t-G.R ~.Q~~ d. ~ sr~v~. -~ -l'L.~.s. e. ~'dL"`~J,~~-s -}v be ?.~' Cam'' r.,~- ~e,.~t..E- . `("l.,-~~„ ~~~.*- ~l-~oul~l ~yQ V~~ cl Ini.- -~'~.Q v2~VtkA+~ ~'1n.2 Cti-fy~7 VOVr+X G~/h~''//D>r~ d~-,...~.c..Q /-ill o~{-G.~ev ~eigl~ 1"~c~u~ Iv-iM..2.t~.7F s cc~~~~2v~v..vk~ -}1n-~ In9~vv~ ~. Inav.e ~4~, ci~,~2~ ~• ~ Low ~ ~ w~-l-I„ ~-G~e 1 cn ~e- I ~-~ 13 Q ~.6 v`1 /~.J VV I~~~ X69 PITKIN ~NTY COMMUNITY DEVELC~IAENT Permit Receipt RECEIPT NUMBER 00027207 Name: DON & SANDY MCALLISTER Date:1/13/2009 Project Address: 214 WOODY CREEK PLZ Type: check # 7161 Permit Number Fee Description 0005.2009. P LAN 0005.2009. P LAN PP- Flat Fee PP-Clerk Tech Fee Total: Amount 748.00 25.00 773.00