HomeMy WebLinkAboutpitkin.planning.273514203001DOCUMENT 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 (11x17)
~,,
PARCEL ID: 2735-142-03-001 DATE RCVD: ~ # COPIES:- CASE NO P76A-88
CASE NAME: Rudolph Lol Split /Detailed 8 Final Plat Planners BL
PROJ ADDRi 0036 Glen Dee Rd
OWN/APP: Rudolph, Richard 8 ADR~~ C/52:~ PHN:
REP:- ADR:~ ClSIZ:.~-PHN:~
Email Addr: ALLOCATED HOURS;
FEES DUE: ~ FEES RCVD:~-- ^/o OVER:
REFERRALS
REF. BY~-` DUE:
MTG DATE REV BODY PH NOTICED DATEOF FINAL ACTION: ~-
~- ~ No ~- BOCC Reso: 68-110 #305578
N0
~- No ~ BOCC Ord:. ~-
REMARKS 2735-142-00-019 GF pZ;.
HRG OFF.
CLOSED:- BY: ~ HO INDEX:.
ADMIN:
PLAT RECORDED PLAT (BK,PG): B21 P87 #305577 ADMIN INDEX:
VR APPROVAL DATE: ~~ `VR EXPIRES:--
CASE TYP: Lot Split CASE.TYP6:
CASE TYP2: Final Plat CASE TYP6:
CASE TYP3: Detailed Plat CASE TYPT.
CASE TYPO: Date Scanned; 9/21/09
File Location: Box 173
..< CASELOAD SUMMARY SHEEt,,,
PITKIN COUNTY
/
DATE RECEIVED: ~//~/~O
DATE COMPLETE:
PROJECT NAME
Project Addr
APPLICANT:
Applicant
REPRESENTATIVE
Representative
PAID: CSCE$ ) NO AMOUNT:
1) TYPE OF APPLICATION:
1 STEP: 2 STEP:
C L ID D CASE NO.
- ~-D ~hA~ ,P~
STAFF MEMB R:: Gz L---
2) IF 1 STEP APPLICATION GOES TO:
~C'l,•~~) ~ P&Z BOCC PUBLIC HEARING DATE:
y~~ .~~ 17 .;'~~STED RIGHT: YES ~NO
~" ~ t
3) PUBLIC HEARING IS BEFORE: (circle appropriate Board(s))
P&Z BO~yCC N/A
DATE REFERRED: g ~ ~b INITIALS: yu C~-
STAFF LEVEL: 1041 HAZARD REVIEW: DATE OF APPROVAL
REFERRALS:
~
~County Atty Aspen Consol S_D. School District
tt// County Engr Mtn. Bell Rocky. Mtn Gas .,
Housing Dir. Caucus State Hwy Dept
Aspen Water Holy Cross Electric (Glwd) (GrJtn)
City Electric Fire Marshall Bldg Zon/Inspt.
/Envir. Hlth. Snowmass Vill. Colo Geo Survey
County Mgr. FAA USFS
Div. Wildlife State Plan. Off. Div. Water Res.
Trails Dir. Other: Other:
FINAL ROUTING: DATE ROUTED: INITIAL:
County Atty
Housing Dir.
Other:
FILE STATUS AND LOCATION
County Engineer Building Dept.
Envir. Health
/ /) ,~ / `~" w "~`~
~~K 577 x:515
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PZTKZN COUNTY, COLORADO, GRANTING DETAILED AND FINAL PLAT
APPROVAL TO RICHARD AND CAROL RUDOLPH FOR A 50$ DENSITY
ecordedat~GO~CIOC~~M~LL'Sb PROVAL FOR AN EMPLOYEE DWELLING UNIT
~ception No ,J~ L~7~'A Resolution No. 88-L[Q
SILVIA DAYIS PITKIN COUNTY RECORDER
WHEREAS, Richard and Carol Rudolph (hereinafter "Applicant")
has applied to the Board of County Commissioners of .Pitkin
County, Colorado (hereinafter "Board") for approval of a 50$
Density Lot Split pursuant to Section 4-6(b)(5) and an Employee
Dwelling Unit pursuant to Section 3-8, 13 (a) of the Land Use Code;
and
WHEREAS, this proposal is to create two lots from a 3.14
acre parcel of land (more specifically described in Exhibit A
attached); and
WHEREAS, the Board granted General Submission approval to
the applicant on January 26, 1988, subject to the conditions as
outlined in their Resolution 88-20; and
WHEREAS, the Board reviewed the combined Detailed and Final
Plat Submission at their regularly scheduled public meeting on
October 25, 1988 at which time evidence and testimony was
presented with respect to said application.
NOW, THEREFORE, BE ZT RESOLVED by the Board that it does
hereby grant Detailed and Final Plat approval to the applicant
subject to the following conditions:
1. The applicants shall confirm, in writing that the newly
created lot can be serviced by the existing Aspen Water
Department facilities and the Aspen Consolidated
Sanitation District.
eoox 577 vncc516
Resolution No. 88-~
Page 2
2. Development of the newly created lot shall conform to
the County Air Quality and noise regulations.
3. Prior to issuance of a building permit, the applicants
shall receive a driveway access permit from the County
Engineer.
4. A note shall be placed on the final plat which states
that there shall be no further subdivision of the
property.
5. -The Housing Authority conditions listed on Exhibit B
shall be conditions of approval.
6. The applicant shall obtain a Certificate of Occupancy
for the employee dwelling unit f~rm the Building
Department prior to final approval of the lot split for
the parcel. - --
7. The applicants shall submit a final plat with the above
conditions for recordation in a format acceptable to
the Planning Staff and County Attorney.
APPROVED by the Board at its regular meeting on October 25,
1988.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COhORADO
"~ ., n
Fred Crowley, Cha
Jones,
APPROVE~~ RM APP OVED AS / CONTE
- /
Thomas F_ Smith, County Ala Richman, Planning
Attorney Director
MJL/ds
reso. rudolph
~K 577 X517
Exhibit A
Rudolph Lot Split
LEGAL DESCRIPTION
UOOK 194 PAGE 291 PITKIN COUNTY RECORDS
R TRRCT OF LAND IN THE SEI/n OF THE NUI/4 OF SECTION l4, TOUNSHIP 10 SOUTH,
RRNGE 85 UESi OF THE 6th PRINCIPAL MERIDIAN, MORE FULLY DESCRIBED AS FOLLOUS: '
BE6INNIN6 AT R POINT ON THE SOUTHUEST SIDE OF LOT 1, RSPEN HIGHLRNDS
SUBDIVISION uHENCf THE NORTH 1/n CORNER OF SECTION l4 BERRS N39 3O'S0"E t,75Z.e1
FEET; THENCE S37 0n •E 166.n8 FEET TO THE SOUTHERNMOST CORNER OF SAID LOT I;
THENCE Sn4 50'E 135.fI0 FEET; THENCE S34 53'E 39_n3 FEET; THENCE S16 19'E 59.16
FEET; THENCE SZn 33'u 279. 4n FEET; THENCE 529 54'U 140.95 FEET; THENCE 573
07'30"U 72.58 FEET; THENCE SBn 11•u 68_Sa FEET: THENCE N49 01'u 37.11 FEET;
THENCE NZZ 32'u 43.9n FEET; THENCE N08'IS'u 34.99 FEET: THENCE N20 Zfl'30°E
Z9n.43 FEE I; IHE NCE N1.1 ', '15°L 108.06 FEET; THENC[ N01 ?9.45°E 165.95 FEET;
(HENCE N11 34'30"[ U6.4G fE[1 10 THE POINT--0F BEGINN!N(i CONTAINING 3.13 RCRCS
MORE UR LESS
EXHIBIT 3
:aspen ~onsolidtzted cSanitation District 577 P~51.8
._ :.._~...:..:.,.. r. . ,~._.:.., _. ,> us,North Mill Street
Aspen, Colorado 87671
7LIe. (303) 925-3601 Tele. (303) 925-2537
April 26, 1988
Herb Klein
201 N. Mill St.
Suite 203
Aspen, colorado 81611
Dear Mt. Klein:
This letter is to confirm that the Aspen Consolidated Sanitation District
can serve the intended Rudolph lot split in the Aspen Highlands Subdivision.
The present Rudolph house is being served now and there is adequate
line capacity and plant capacity to serve the other lot.
Sincerely
Heiko Kuhn, Manager
Aspen Consolidated Sanitation District
~aK 577 X519
HIGHLANDS WATER AND SANITATION DISTRICT
CERTIFICATION OF
WATER SERVICE AVAILABILITY
RE: Rudolph Lot Split
The Highlands Water and Sanitation District hereby
certifies that domestic water service would be available to
serve a single family residence on proposed Lot 2, Rudolph
Lot Split, located in Pitkin County, Colorado, as shown on
Exhibit A attached hereto, on payment of the tap fees and
connection charges to the District as set forth in the
District's Rules and Regulations, which are 120fl of and
include as a part thereof, fees equal to charges that would
be collected by the City of Aspen for a similar connection
to the City's treated water system.
HIGHLANDS WATER AND
SANITATION DISTRICT
By.
The City of Aspen, as supplier of water to the High-
lands_Water and Sanitation District under the provisions of
Paragrat5h 10 of the Agreement between the City of Aspen and
the Highlands Water and Sanitation District dated March 23,
1981, hereby approve~Fthe extention of water service to
proposed Lot 2, Rudolph Lot Split located within the High-
lands Water and Sanitation District, Pitkin County,
Colorado.
~ S ~ ~/~c, ~~~
GEC 2~Lt CI
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S ~E- 0 ,Q~ ~ By
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/7n-L V
TY OF ASPE'
itle
~K 577 ~5~0
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ASPEN*PITKIN ,,"'
i >.
~j REGIONAL BUILDING DEPARTMENT `; ,t,,, `:;~
,~ s; ~~;
j ; This Cerrificote issued plusuant to the requirrmenrs oJSectia» -107 _, \~` •
~ ojthe 1979 Edition ojdre Uniform Uuiidino Code. It certifies that a the date of ' Is ~ ' ~.
~'fz ~
~ :, issuance, Nlestr:retureas described belay' n as in compliance Irith the various resolutions ~\ ~ ;--
and ordina,7ces regulating building construction a,td use in this jurisdiction. j t "~ ~~~\~
'It ~/~
~__ _ ,; Caretaker Apartment 10059 ~~'
Use Clasadie'at iun Bldg Permit ~ ~/~ ~ >' /
I:, Lcg~l Ucxriptum--- -. -- \\ ~~:
0036 Glen Gar Rd. I:' ~ ~~'
Buildin}; Addre~s y _.--- F ~ ~ -..
1:~ Owner of Iluikling Richard Rudolph ____ I 1 '„+\p~` _
/, ~.t: I-~ O\rnrr Addres> P.O. I1ox 1089, Aspen, CO 81612 '. I- '~.^~:'~Y'•G; -
\ ~` Group R_3 '1)•pcConstruc[ion ~-N. Use"Lonc R-30 .~/'~ sl~i^. ~'
-. r'+ 490 sq. ft. Existing Unit Above Garage: Living/ \~ ~ ~'- --
~~ Description: _ ~i/Y -
;~ :Q l..
\s .r. Dining _ Room, kitchen, Full Bath and 1 Bedroom. ' ~~~ ,,. ~ s; ~_
~ : ~,~ ~~,
u,, ~,: '\r'~
',t t~-: '' ` In<.`1~:=cam ' ~.
_ % ~.
~~ !i'' ,~
7 .~ \~ ~
i
"' 1 Pioneer Castin s Tradition Stove at ~ ,,,~-
.I Commrn[s S Restrictions: g t , ~~:
. y ,
~ Living Room. ~ ~/:._
~,~ ~ .:I t f'.
,.~~= ~~=: _ :r.\__ =tip
-~ _,__.
`- ~`~~ /' ~ ~ ~ Date clay 10, 1988 _
13tiilding Official
Note: Any alteration or use change ofthescdcscribcdprcmiscsorportionthercofwithout
the written approval of the Building Official shall negate this C.O. and subject it to
revocation.
POST IN A CONSPICOUS PLACE
/
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Recorded at ~ ' ~ ~ o'clock fi M =~ 7,~
Reception No ~ ~
SILVIA DAVIS PITKIN COUNTY ECDRDER
AGREEMENT
~oK 5 77 ;~~~ a21
This Agreement entered into this 5th day of May, 1988 by and
between Richard Rudolph and Carol Rudolph (hereinafter referred
to as "Grantor"), and the dousing Authority of the County of
Pitkin, Colorado, a Colorado corporation, organized pursuant to
the Colorado County Housing Law (hereinafter referred to as
"Grantee").
WHEREAS, Grantor is the owner of certain real property
located in Pitkin County, Colorado known as Lot 1, Rudolph
S^ubdivision cording to the Plat thereof recorded in Plat Book
oC ~, Page ~2 of the records of Pitkin County, Colorado
(hereinafter the "Property"); and
WHEREAS, in consideration for the approval of the Rudolph
Subdivision by the Board of County Commissioners of Pitkin
County, Colorado, Grantor has agreed to place a restriction of
record concerning a one bedroom apartment attached to the
principal residence located on the Property (hereinafter the
"Employee Dwelling Unit").
NOW THEREFORE, in consideration of the sum of Ten Dollars
and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. The use and occupancy of the Employee Dwelling Unit
located on the Property as described above, shall be subject to
the terms and conditions of the restrictions set forth at Exhibit
A, attached hereto and incorporated herein by this reference.
2. The terms and provisions of Exhibit A shall only burden
the Employee Dwelling Unit and shall not create any restrictions
or burdens on any other portion of the Property.
3. This Agreement shall be binding upon the Grantor, its
successors and assigns.
4. It is agreed that the invalidity of any one or more
conditions or terms of this Agreement shall not affect the
remaining portions of this Agreement or any other part thereof,
and in such event this Agreement shall be construed as of such
invalid provision was not set forth herein. ~ --
~~K 577 ~~ 522
IN WITNESS WHEREOF, the parties hereto have set their hands
this ~~day of May, 1988.
GRANTOR:
_- ~ ~ ,
Cc-L d _
Richar Rudol h
C~2~~ ~ <<~a~ ~
Carol Rudolph
GRANTEE:
HOUSING AUTHORITY OF THE
COUNTY OF P IN, ADO,
a Colora orpor o
Pitkin u y Housing
Director
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this ~i" day of
_ (~^~?'k' 1988, by Richard Rudolph.
Witness my hand and official seal.
( My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
~= ;~
'~;:
Notary Public ; •••,
••.~ ~hVi~"`~
Subscribed and sworn to before me this ~'t~ day of
_ '~~~~"~~ 1988, by Carol Rudolph. ---
Witness my hand and official seal.
My commission expires• i1`'i L
/~ /~•. 4...x,1. ~-I•~V~'~r~~.__
Notary Public ? ,~ 1, „ ~ ,
HSK/1088
01717/{ 577 Fa;~"`)
L•'xt~ibit A ~G.~
Caretaker (Employee Dwelling Unit)
1) The owner hereby covenants that the employee dwelling
unit shall at all times remain a rental unit and
shall not be condominiumized. Use and occupancy of the
employee dwelling unit shall be limited to dousing for
qualified employees in accordance with rental guide-
lines established by the Housing Authority of the City
of Aspen and Pitkin County or a successor Hereto or to
members of tl~e immediate family or the owf~er of the
principal dwelling. The owner of the unit shall have
the right, but not the obligation to lease the unit' to
a qualified employee or allow its occupancy by an
immediate family member of his own selection. If not
an immediate family member, such individual may be an
employee of the owner, or employed as a resident
caretaker, provided such person fulfills tl~e require-
ments of a qualified employee. "Qualified Employee" as
used herein shall mean any person currently residing in
and employed in the City of Aspen or Pitkin County for
a minimum average of 30 hours per week, nine months out
of any twelve-month period, who shall meet the occu-
pancy eligibility requirements established and applied
by the housing Authority with respect to employee
/ housing. Immediate family member shall mean a person
l related by blood or marriage who is a first cousin (or
closer relative) and his or her children.
__. ..___2_)__ For o.ther._than immediate family members, verification
of employment of person(s) living in the employee unit-
st~all be completed and filed with the Housing Authority
Office by the owner of the unit prior to occupancy
thereof, and must be acceptable to the dousing Author-
ity. If the owner does not rent the employee unit to a
qualified employee of his own selection or if not
occupied by an immediate family member, the unit may be
made available for occupancy in accordance with the
!lousing Authority Guidelines, provided the owner shall
not be obligated to make said unit available for rental
and provided further, that if the owner is contacted by
the !lousing Authority seeking to rent said unit, L-he
owner shall have the right in owner's sole discretion,
to approve or disapprove any such prospective tenant,
which approval or disapproval shall not be unreasonably
delayed.
3) '1'l~e employee dwelling unit is limited to occupancy by
no more than two adults and related children. Resident
adults must qualify as, and have been found by the
Housing Authority to be, employees of the community and
~. residents thereof or immediate family members as
referred to above.
Bork 577 PA~f 524
4) No lease agreement executed for occupancy of the
employee dwelling units shall provide for a rental term
of less than six consecutive months.
5) 1'l~ese covenants shall be deemed to run with the land as
a burden thereof for the benefit of,_and shall be
specifically enforceable by, the Board of County
Commissioners of Pitkin County, the Housing Authority
of tl~e City of Aspen and Pitkin County Commissioners of
Pitkin County, and by appropriate legal action includ-
ing but not limited to injunction, abatement, or
eviction of non-complying tenants during the period of
the life of the last surviving member of the presently
existing Board of County Commissioners of 1>itkin
County, Colorado, plus twenty-one years, or for a
period of fifty years from the date of recording hereof
in the Pitkin County real property records, whichever
period shall be less.
l ~- r
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
October 25, 1988-Regular Meeting
RE: Rudolph Lot Split Detailed Submission and Final P at
Review
FROM: Buddy Lucero, Planner, Planning Office
ISSUE: Richard Rudolph has requested approval for Detailed
Submission and Final Plat review for a Lot Split. On December
15, 1987, the Board of County Commissioners granted approval for
a 50$ density reduction lot split and approval for an employee
dwelling unit for Richard Rudolph. The approval was for one
single-family lot containing 3.14 acres into two separate lots.
Lot 1 consists of 2.16 acres and Lot 2 consists of .98 acres.
The approval was subject to six conditions that are address in
the applicants Detailed Submission and Final Plat.
OPTIONS:
1) The Board may approve the Detailed/Final Submission
application of the Lot Split.
2) The Board may deny the application.
RECOMMENDED ACTION: The Planning Staff and Planning Commission
recommend that the Board approve the Detailed Submission and
Final Plat. If the Board concurs, we recommend that you direct
the staff to draft a resolution for the signature of the chairman
of the Board.
MJL/ds
ais.rudolph
TO: Board of County Commissioners
FROM: Mariano "Buddy" Lucero, Planner, Planning Office
RE: Rudolph Lot Split Combined Detailed Submission and
Final Plat
DATE: October 25, 1988
APPLICANT: Richard Rudolph
APPLICANT'S AGENT: Herbert S. Klein
REQUEST: The applicant is requesting approval of Detailed
Submission and Final Plat for the Rudolph Lot Split consisting of
two single-family lots.
LOCATION: The property is bordered on the north by Aspen
Highlands Subdivision, on the east and south by Aspen Highlands
and on the west by Glen Dee Road (see attached location map).
ZONING: The property is zoned R-30.
HISTORY: On December 15, 1987, the Board of County commissioners
granted approval for a 50$ density reduction lot split and
approval for an employee dwelling unit for Richard Rudolph. The
approval was for one single-family lot containing 3.14 acres into
two separate lots. Lot 1 consists of 2.16 acres and Lot 2
consists of .98 acres. The approval was subject to six
conditions that are addressed in the applicants Detailed
Submission and Final Plat (see attached Resolution No. 87-20).
I. REFERRAL COMMENTS:
Land Use Engineer: Tom Newland submitted the following comments
in a memorandum dated October 5, 1988:
1. Final Plat Language: Language contained on the
submitted plat conforms to adopted County requirements
(appendix A, Land Use Code).
2. Road Design and Construction: The applicant agrees to
apply for an encroachment permit, which includes a
detailed driveway plan to this office for review prior
to issuance of a building permit.
Environmental Health: Bob Nelson notes in a memorandum dated
October 6, 1988 that waste water collection facilities and water
service is available.
Ii. STAFF COrIl~NTS: The attached documents submitted with the
Final Plat adequately address conditions No. 1, 2, 3, 5, and 6 of
Resolution No. 87-20 (attached). The Final Plat addresses
condition No. 4 with the addition that the plat shall indicate
both lots; Lot 1 and Lot 2 as being prohibited from further
subdivision.
RECO1~Il+IENDATION: The Planning Office
Commission recommend approval of
Detailed Submission and Final Plat.
and the Planning and Zoning
the Rudolph Lot Split for
MJL/ds
boccmemo.rudolph
Note: It is requested that the applicant/agent be present at
the hearing.
LAW OFFICES OF
HERBERT S. KLEIN
PROFESSIONAL CORPORATION
201 NORTH MILL STREET
SUITE 203
ASPEN. COLORADO 81611
f3031925~8~00
TELECOPIER 1303)925-3977
October 18, 1988
HAND DELIVERED
Buddy Lucero
c/o Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Rudolph Lot Split/Detailed Submission/Final Plat
Dear Buddy:
As you are aware, Mr. and Mrs. Rudolph are very anxious to
conclude the approval process for their lot split application as
quickly as possible in order to avoid the loss of a pending sale
of their property. The detailed submission and final plat
application are scheduled to be heard by the Board of County
Commissioners on October 25, 1988. In order to avoid an
additional two week delay from October 25th until the Board's
next meeting where they would sign the final resolution of
approval, I respectfully request that you prepare a resolution
granting final approval for execution by the Board on October 25.
The Planning Commission approved the application with no
further conditions and, therefore, the preparation of this
resolution should not create an undue burden for you. If you
believe there is a possibility of additional conditions being
imposed by the Board, you could prepare an alternative resolution
for their signature containing conditions with language that you
may be recommending despite the Planning Commission's approval.
In any event, I would greatly appreciate your preparation of the
resolution(s) so that they can be executed at the hearing.
We also request that the Chairman of the Board execute the
Plat Map at the meeting in order to avoid any further delays.
You would retain the original signed Plat Map and meet with me on
October 26th for recording of the Plat Map and all of the other
documents associated with the approval. I have the originals of
these other documents available for recording.
The procedure requested above has been used in previous
applications and I am not asking that you bend or break any rules
in accommodating our concerns.
Buddy Lucero
October 18, 1988
Page 2
On behalf of Mr. and Mrs. Rudolph, and myself, your efforts
will be greatly appreciated and very helpful to them. Please
call me if you have any questions concerning this request or if
there is anything i can do to assist you in the preparation of
the resolutions. I look forward to hearing from you shortly.
Very truly yours,
HERBERT S. KLEIN,
PROFESSIONAL CO~2PORATION
By:
`He bert S. Klein
HSK/nwt/1431
cc: Richard Rudolph
MEMORANDUM
T0: Pitkin County Planning and Zoning Commission
FROM: Mariano "Buddy" Lucero, Planner, Planning Office
RE: Rudolph Lot Split Combined Detailed Submission and
Final Plat
DATE: October 18, 1988
APPLICANT: Richard Rudolph
APPLICANT'S AGENT: Herbert S. Klein
REQUEST: The applicant is requesting approval of Detailed
Submission and Final Plat for the Rudolph Lot Split consisting of
two single-family lots.
IACATION: The property is bordered on the north by Aspen
Highlands Subdivision, on the east and south by Aspen Highlands
and on the west by Glen Dee Road (see attached location map).
ZONING: The property is zoned R-30.
HISTORY: On December 15, 1987, the Board of County commissioners
granted approval for a 50$ density reduction lot split and
approval for an employee dwelling unit for Richard Rudolph. The
approval was for one single-family lot containing 3.14 acres into
two separate lots. Lot 1 consists of 2.16 acres and Lot 2
consists of .98 acres. The approval was subject to six
conditions that are addressed in the applicants Detailed
Submission and Final Plat (see attached Resolution No. 87-20).
I. REFERRAL COMMENTS:
Land Use Engineer: Tom Newland submitted the following comments
in a memorandum dated October 5, 1988:
1. Final Plat Language: Language contained on the
submitted plat conforms to adopted County requirements
(appendix A, Land Use Code).
2. Road Design and Construction: The applicant agrees to
apply for an encroachment permit, which includes a
detailed driveway plan to this office for review prior
to issuance of a building permit.
Environmental Health: Bob Nelson notes in a memorandum dated
October 6, 1988 that waste water collection facilities and water
service is available.
II. STAFF COFII+II:IITS: The attached documents submitted with the
Final Plat adequately address conditions No. 1, 2, 3, 5, and 6 of
Resolution No. 87-20 (attached). The Final Plat addresses
condition No. 4 with the addition that the plat shall indicate
both lots; Lot 1 and Lot 2 as being prohibited from further
subdivision.
RECOMIYffiNDATION: The Planning Office recommends that the Planning
and Zoning Commission recommend to the Board of County
Commissioners approval to the Rudolph Lot Split for Detailed
Submission and Final Plat, subject to the following conditions:
1. Prior to recordation, the final reproducible mylar plat
shall be re-submitted to the Planning Office with the
following addition: The plat shall indicate Lot No. 1
and Lot No. 2 as being prohibited from further
subdivision.
2. The applicant agrees to apply for an encroachment
permit, that includes a detailed driveway plan to the
County Engineer for review prior to issuance of a
building permit.
MJL/ds
pzmemo.rudolph
Note: It is requested that the applicant/agent be present at
the hearing.
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LAW OFFIO ES OF
HERBERT S. KLEIN _
PROFESSIONAL CORPORATION
201 NORTH MILL STREET
SUITE 203
ASPEN. COLORADO B 181 1 tl r
(3031 B2S-8700 `M~•
TELECOPIER 13031 825-3977
July 5, 1988
Cindy Houben
Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Rudolph Lot Split Combined Detailed Submission
and Final Plat
Dear Cindy:
Please consider this letter and the attached documents the
combined Detailed Submission and Final Plat Application for the
Rudolph Lot Split. A true copy of the Resolution granting
General Submission Approval (Resolution No. 87-20) is attached at
Exhibit 1.
The six conditions of approval set forth in the Resolution
are satisfied as follows:
1. Attached at Exhibit 2 is a letter from the Aspen Water
Department and Highlands Water and Sanitation District certifying
that water service is available to serve the new lot. At Exhibit
3, a letter from the Aspen Consolidated Sanitation District
indicates that sewer service is available to serve the new lot.
2. The Applicant agrees to the restriction that any
development of the newly created lot shall conform to the County
air quality and noise regulations.
3. The Applicant agrees to the condition that prior to the
issuance of a building permit for the new lot, the applicant for
the building permit shall receive a driveway access permit from
the County Engineer.
4. The Plat contains a statement that there shall be no
further subdivision of the property. The Plat Map is attached
with this Application.
5. An Employee Housing Agreement, fully executed by the
Applicant and the Pitkin County Housing Director is attached at
Exhibit 4 containing all conditions listed on Exhibit B to the
Resolution.
Cindy Houben
July 5, 1988
Page 2
6. A Certificate of Occupancy for the employee dwelling
unit has been obtained and is attached at Exhibit 5.
All conditions required by the Resolution have been
satisfied. i am retaining the originals of these documents for
delivery to you at such time as we record the final plat so that
the documents which require recording will be available at that
time. Also enclosed is our check in the amount of $725.00 to
cover the filing fee. It is my understanding that this sum
covers five hours of Planning Office staff time on this
Application and any sums not so expended will be reimbursed.
Would you kindly schedule this Application for consideration
by the Planning and Zoning Commission at the earliest possible
time. Because of its relatively simple nature, I would hope that
it might be placed on an agenda for their consideration within
the next thirty days.
Thank you very much for your cooperation.
Very truly yours,
HERBERT S. KLEIN,
PROFESSIONAL CQRPORATION
By s ~//
H bert S. Klein
HSK/nwt/1175
cc: Richard Rudolph
Enclosures
RICHARD RUDOLPH LOT SPLIT
DETAILED SUBMISSION/FINAL PLAT APPLICATION
INDEX
EXHIBIT DESCRIPTION EXHIBIT NUMBER
Resolution granting General Submission
Approval .................................................. 1
Aspen Water Department letter ............................... 2
Highlands Water and Sanitation District
letter .................................................... 3
Employee Housing Agreement .................................. 4
Certificate o£ Occupancy .................................... 5
MAPS
Plat Map .................................................... 1
EXHIBIT 1
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, GRANTING GrFNF.RAT.
APPROVAL FOR A 50$ DENSITY REDUCTION LOT SPLIT AND
APPROVAL FOR AN EMPLOYEE DWELLING UNIT
Resolution No. 8~-0(~
WHEREAS, on December 15, 1987 the Board of County Commis-
sinners of Pitkin County, Colorado (hereinafter "Board") reviewed
an application submitted by Richard and Carol Rudolph for a 50 $
density reduction lot split and legalization of an employee
dwelling unit on the property described in Exhibit "A"; and
WHEREAS, on October 20, 1987 the Pitkin County Planning
Commission (hereinafter "Commission") reviewed the Lot Split
request and recommended approval with conditions to the Board;
and
WHEREAS, the Board found that the Lot Split request was
consistent with Section 4-6(b)(5) of the Land Use Code ;and
WHEREAS, the Board also found that the legalization of the
Employee Dwelling Unit was consistent with Section 3-8.13 (a) of
the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED that the Board does hereby
grant general submission approval of the 50$ density reduction
Lot Split and grants approval of the existing Employee Dwelling
with the following conditions:
1. The applicants shall confirm, in writing that the newly
created lot can be serviced by the existing Aspen Water
Department facilities and the Aspen Consolidated Sanitation
District.
Resolution No. 87-_
Page 2
2. Development of the newly created lot shall conform to the
County Air Quality and noise regulations.
3. Prior to issuance of a building permit, the applicants shall
receive a driveway access permit from the County Engineer.
4. A note shall be placed on the final plat which states that
there shall be no further subdivision of the property.
5. The Housing Authority Conditions listed on Exhibit B shall
be conditions of approval.
6. The applicant shall obtain a Certificate of Occupancy For
the employee dwelling unit from the Building Department
prior to final approval of the lot split for the parcel.
APPROVED by the Board at its regular meeting on January 26,
1988.
ATTEST:
Jeanette Jones, Deputy'
County Clerk
APPROVED AS TO FORM:
Thomas F. Smith, County
Attorney
BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COIARADO
George Madsen, Chairman
APPROVED AS TO CONTENT:
~Vl
Alan Richman,Ping and
Development Director
CH.RU2
Exhibit °B°
Caretaker (Employee Dwelling Unit)
1) The owner hereby covenants that the employee dwelling
unit shall at all times remain a rental unit and shall
not be condominiumized. Use and occupancy of the
employee dwelling unit shall be limited to housing for
qualified employees in accordance with rental guide-
lines established by the Housing Authority of the City
of Aspen and Pitkin County or a successor hereto or to
members of the immediate family or the owner of the
principal dwelling. The owner of the unit shall have
the right, but not the obligation to lease the unit to
a qualified employee or allow its occupancy by an
immediate family member of his own selection. If not
an immediate family member, such individual may be an
employee of the owner, or employed as a resident
caretaker, provided such person fulfills the require-
ments of a qualified employee. "Qualified Employee" as
used herein shall mean any person currently residing in
and employed in the City of Aspen or Pitkin County for
a minimum average of 30 hours per week, nine months out
of any twelve-month period, who shall meet the occu-
pancy eligibility requirements established and applied
by the Housing Authority with respect to employee
housing. Immediate family member shall mean a person
related by blood or marriage who is a first cousin (or
closer relative) and his or her children.
2) For other than immediate family members, verification
of employment of person(s) living in the employee unit
shall be completed and filed with the Housing Authority
Office by the owner of the unit prior to occupancy
thereof, and must be acceptable to the Housing Author-
ity. If the owner does not rent the employee unit to a
qualified employee of his own selection or if not
occupied by an immediate family member, the unit may be
made available for occupancy in accordance with the
Housing Authority Guidelines, provided the owner shall
not be obligated to make said unit available for rental
and provided further, that if the owner is contacted by
the Housing Authority seeking to rent said unit, the
owner shall have the right in owner's sole discretion,
to approve or disapprove any such prospective tenant,
which approval or disapproval shall not be unreasonably
delayed.
3) The employee dwelling unit is limited to occupancy by
no more than two adults and related children. Resident
adults must qualify as, and have been found by the
Housing Authority to be, employees of the community and
residents thereof or immediate family members as
referred to above.
4) No lease agreement executed for occupancy of the
employee dwelling units shall provide for a rental term
of less than six consecutive months.
5) These covenants shall be deemed to run with the land as
a burden thereof for the benefit of, and shall be
specifically enforceable by, the Board of County
Commissioners of Pitkin County, the Housing Authority
of the City of Aspen and Pitkin County Commissioners of
Pitkin County, and by appropriate legal action includ-
ing but not limited to injunction, abatement, or
eviction of non-complying tenants during the period of
the life of the last surviving member of the presently
existing Board of County Commissioners of Pitkin
County, Colorado, plus twenty-one years, or for a
period of fifty years from the date of recording hereof
in the Pitkin County real property records, whichever
period shall be less.
EXHIBIT 2
HIGHLANDS WATER AND SANITATION DISTRICT
CERTIFICATION OF
WATER SERVICE AVAILABILITY
RE: Rudolph Lot Split
The Highlands Water and Sanitation District hereby
certifies that domestic water service would be available to
serve a single family residence on proposed Lot 2, Rudolph
Lot Split, located in Pitkin County, Colorado, as shown on
Exhibit A attached hereto, on payment of the tap fees and
connection charges to the District as set forth in the
District's Rules and Regulations, which are 1208 of and
include as a part thereof, fees equal to charges that would
be collected by the City of Aspen for a similar connection
to the City's treated water system.
HIGHLANDS WATER AND
SANITATION DISTRICT
By:
The City
lands Water a
Paragraph 10
the Highlands
1981, hereby
proposed Lot
lands Water
Colorado.
of Aspen, as supplier of water to the High-
nd Sanitation District under the provisions of
~f the Agreement between the City of Aspen and
Water and Sanitation District dated March 23,
approves' the extention of water service to
2, Rudolph Lot Split located within the High-
and Sanitation District, Pitkin County,
~ .s.~?~u~i~ G~,~o ~~/~
G~c ~ CI'
.~S ~ By
~~5~ `~ ~
~-
EXHIBIT 3
.{aspen consolidated sanitation I~ist~rict
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601 Tele. (303) 925-2537
April 26, 1988
Herb Klein
201 N. Mill St.
Suite 203
Aspen, colorado 81611
Dear Mr. Klein:
This letter is to confirm that the Aspen Consolidated Sanitation District
can serve the intended Rudolph lot split in the Aspen Highlands Subdivision.
The present Rudolph house is being served now and there is adequate
line capacity and plant capacity to serve the other lot.
Sincerely
Heiko Kuhn, Manager
Aspen Consolidated Sanitation District
~.
EXHIBIT 4
AGREEMENT
This Agreement entered into this 5th day of May, 1988 by and
between Richard Rudolph and Carol Rudolph (hereinafter referred
to as "Grantor"), and the Housing Authority of the County of
Pitkin, Colorado, a Colorado corporation, organized pursuant to
the Colorado County Housing Law (hereinafter referred to as
"Grantee").
WHEREAS, Grantor is the owner of certain real property
located in Pitkin County, Colorado known as Lot 1, Rudolph
Subdivision according to the Plat thereof recorded in Plat Hook
Page of the records of Pitkin County, Colorado
(hereinafter the "Property"); and
WHEREAS, in consideration for the approval of the Rudolph
Subdivision by the Board of County Commissioners of Pitkin
County, Colorado, Grantor has agreed to place a restriction of
record concerning a one bedroom apartment attached to the
principal residence located on the Property (hereinafter the
"Employee Dwelling Unit").
NOW THEREFORE, in consideration of the sum of Ten Dollars
and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. The use and occupancy of the Employee Dwelling Unit
located on the Property as described above, shall be subject to
the terms and conditions of the restrictions set forth at Exhibit
A, attached hereto and incorporated herein by this reference.
2. The terms and provisions of Exhibit A shall only burden
the Employee Dwelling Unit and shall not create any restrictions
or burdens on any other portion of the Property.
3. This Agreement .shall be binding upon the Grantor, its
successors and assigns.
4. It is agreed that the invalidity of any one or more
conditions or terms of this Agreement shall not affect the
remaining portions of this Agreement or any other part thereof,
and in such event this Agreement shall be construed as of such
invalid provision was not set forth herein.
IN WITNESS WHEREOF, the parties hereto have set their hands
this r'~day of May, 1988.
GRANTOR:
''' ~ CC.~/ ~ d
Richar Rudol h
~Ct.2 ~~ ~. L~~l~~ ~
Carol Rudolph
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
GRANTEE:
HOUSING AUTHORITY OF THE
COUNTY OF P IN, ADO,
a Colora orpor o ,
Pitkin u y Housing
Director
Subscribed and sworn to before me this
Oh~uk' 1988, by Richard Rudolph.
Witness my hand and official seal.
My commission expires:
~~L~
5 ~~= day of
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this std day of
~11~a 1988, by Carol Rudolph.
1
Witness my hand and official seal.
My commission expires: '7 I :? i ~ `~ I
Notary Public
HSK/1088
Exhibit ~'.
Caretaker (>;mployee Dwelling Unit)
1) ulnit owshall eatb cello timeat r main the a mrenLal unit land
shall not be condominiwnized. Use and occupancy of the
employee dwelling unit shall be limited to housing for
qualified employees in accordance with rental guide-
lines established by the Housing Authority of the City
of Aspen and Pitkin County or a successor hereto or to
members of the immediate family or the owner of the
principal dwelling. `fhe owner of the wait shall have
the right, but not the obligation to lease the unit to
a qualified employee or allow its occupancy by an
immediate family member of his own selection. If not
an immediate family member, such individual may be an
employee of the owner, or employed as a resident
caretaker, provided such person fulfills L-he require-
ments of a qualified employee. "Qualified Employee" as
used herein shall mean any person currently residing in
and employed in the City of Aspen or Pitkin County for
a minimum average of 30 hours per week, nine months out
of any twelve-month period, who shall meet the occu-
pancy eligibility requirements established and applied
by the housing Authority with respect to employee
housing. Immediate family member shall mean a person
related by blood or marriage who is a first cousin (or
closer relative) and his or her children.
2) For other than immediate family members, verification
of employment of person(s) living in the employee unit
shall be completed and filed with the Housing Authority
office by the owner of the unit prior to occupancy
thereof, and must be acceptable to the housing Author-
ity. If the owner does not rent the employee unit to a
qualified employee of his own selection or if not
occupied by an immediate family member, the unit may be
made available for occupancy in accordance with the
housing Authority Guidelines, provided the owner shall
not be obligated to make said unit available for rental
and provided further, that if the owner is contacted by
the housing Authority .seeking to rent said unit, L-he
owner shall-have the right in owner's sole discretion,
to approve or disapprove any such prospective tenant,
which approval or disapproval shall not be unreasonably
delayed.
3) Tlie employee dwelling unit is limited to occupancy by
no more than two adults and related children. Resident
adults must qualify as, and have been found by the
Housing Authority to be, employees of the community and
residents thereof or immediate Family members as
referred to above.
i~
~, , ,
4) No lease agreement executed for occupancy df the
employee dwelling units shall ~irovide for a rental term
of less than six consecutive months..
5) These covenants shall be deemed to run with the land as
a burden thereof for the benefit of, and shall be
specifically enforceable by, the Board of County
commissioners of Pitkin County, the Housing Authority
of the City of Aspen and Pitkin County Commissioners of
Pitkin County, and by appropriate legal action includ-
ing but not limited to injunction, abatement, or
eviction of non-complying tenants during the period of
the life of the last surviving member of tl~e presently
existing Board of County Commissioners of Pitkin
County, Colorado, plus twenty-one years, or for a
period of fifty years from the date of recording hereof
in the Pitkin County real property records, whichever
period shall be less.
MEMORANDUM
TO: Buddy Lucero, Planning Office
FROM: Bob Nelson, Environmental Health
DATE: October 6, 1987 ~,~ ~,~~fl~
RE: Rudolph Lot Split - Detailed Submission and Final Plat
Parcel ID# 2735-142-00-019
The Aspen/Pitkin Environmental Health Department has
reviewed the Rudolph Lot Split under authority of the Pitkin
County Code, Title II, and has the following comments.
Sewage Treatment and Collection. Sections 2-7 and 5-200:
The general and detailed submission applications have
demonstrated that waste water collection facilities are available
through the Aspen Consolidated Sanitation District and provided a
commitment from the District that there is the capacity and
capability of servicing the proposal without any reduction in
service.
Adeauate Provision for Water Needs. Section 2-6 and 5-205:
The application indicates that water lines are available through
the Aspen Highlands Water and Sanitation District. There are
letters from the District and the City of Aspen, which provides
finished water to the Highlands system, that provide
documentation of the commitment from the utilities and a
conditional approval that water service can be extended to the
lot without hampering the capability of serving the pcoposed use
and pre-existing subscribers with water of adequate quantity,
quality, dependability and pressure.
Air uality, Section 2-17 and 5-106:
Any development on the new lot will require compliance with
applicable county regulations. There is a written commitment to
restrict development on the lot created to comply with County Air
Quality regulations, particularly, we assume, in the area of
fireplace installation and limitations.
Noise. Section 2-23:
Noise which would adversely impact land uses or the occupants
thereof is not anticipated from this lot split. The application
does state that development on the newly created lot will be
restricted to conform to noise regulations.
M&MORANDUM
T0: Buddy Lucero,
FROM: Tom Newland,
RE: Rudolph Lot
Review
DATE: Oct 5, 1988
Planning Office
Land Use Engineer
Split Detailed Submission and Final Plat
I have reviewed the information submitted and would like to
forward the following comments to you:
Final Plat Language: Language contained on the submitted plat
conforms to adopted county requirements (appendix A, Land llse
Code).
Road Design and Construction: The applicant agrees to apply for
an encroachment permit, which includes a detailed driveway plan
to this office for review prior to issuance of a building permit.
TO: County Attorney
County Engineer
Environmental Health
FROM: Buddy Lucero, Planning Office
RE: Rudolph Lot Split Detailed Submission and Final Plat
Parcel ID# 2735-142-00-019
DATE: August 8, 1988
Attached for your review and comments is an application submitted
by Herb Klein, on behalf of his client, Richard Rudolph,
requesting Lot Split - Detailed Submission and Final Plat
approval of one single-family lot containing 3.14 acres into two
separate lots. Lot 1 consists of 2.16 acres and Lot 2 consists
of .98 acres. The property is bordered on the west by Glen Dee
Road, on the south and east by Aspen Highlands and on the north
by the Aspen Highlands Subdivision. The property is zoned R-30.
Please review this material and return your comments no later
than September 9, 1988 in order for this office to have adequate
time to prepare for its presentation before P&Z.
Thank you.
ASPEN/PITRIN PIANNING OFFICE
130 S. Galena Street
Aspen, OD 81611
(303 925-/,p2020
Date: .%<<~~ ' 1 ~ ~'~'~~
I 1(/ 1/'
``I Il., ,l. ~_ ~_ I t ~~
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS' NOT complete.
Additional items required include:
Disclosure of Ownership (one Dopy only needed)
Adjacent Property Owners List/Envelopes/POStaae (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tio n
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
A. Your application ,~s complete and we have. sc,}~eduled it for
review by the `-I~Q Z on ~l~-~' . ~X We will
call you if we need any additional information prior to that
date. Several days prior to your hearing, we will call and
make available a copy of the memorandum.. Please note that it
IS NOT your responsibility to post your property with a
sign, which we can provide you for a $3.00 fee..
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the ext available agenda.
i ,~~
If you have any questions, please call !~~ '~ ~~~~ ~~~-Q~-~
the planner assigned to your case.
Sincerely,
ASPEN/PITRIN PLANNING OFFICE
l
~~ y~~A ,
1 ti riLL, ~ %, 1' -
A~r'EN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611 -
,
,
~ - '
(303) 925-2020 ~
LAND USE APPLICATION FEES
City
00113 -63721 -47331 GMP/CONCEPTUAL
- 63722 - 47332 GMP/PRELIMINARY
- 63723 - 47333 GMP/FINAL
- 63724 - 47341 SUB/CONCEPTUAL
-63725 -47342 SUB/PRELIMINARY
- 63726 - 47343 SUB/FINAL
- fi3727 - 47350 ALL 2-STEP APPLICATIONS
- 63728 - 47360 ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRA L FEES:
00125 -63730 - 47380 ENVIRONMENTAL HEALTH
00123 -63730 -47380 HOUSING
00115 -63730 - 47380 ENGINEERING
SUB-TOTAL
County
00113 - 63711 - 47431 GMP/GENERAL I
I -63712 -47432 GMP/DETAILED
j -63713 - 47433 GMP/FINAL ~.
-63714 -47441 SUB/GENERAL
-63715 -47442 SUB/DETAILED -7 j
/~S
-63716 -47443 SUB/FINAL ~
- 63717 - 47460 ALL 2-STEP APPLICATIONS
-63718 - 47460 ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS i
j REFERRAL FEES:
00125 -63730 - 47480 ENVIRONMENTAL HEALTH
j 00123 -63730 - 47480 HOUSING
00113 - 63731 - 47480 ENVIRONMENTAL COORD. ~
00113 - 63732 - 47480 ENGINEERING
SUB-TOTAL it
PLANN ING OFFICE SALES i
' 00113 -63061 - 09000 COUNTY CODE 1
I - 63062 - 09000 COMP. PLAN
-63066 - 09000 COPY FEES i
- 63069 - 09000 OTHER
SUB-TOTAL -'" j
' ' !
TOTAL
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' f~CK )~!~ (~ .%/L; c~ ~ i~<• rub, J"~ ,a: ~Fi~,_I~'I~,f
Check 8 ~ ~ .~~ ~ Dete ~ ~ / / ~ / -~ ~ '.
Atlditional Billing: N of Hours: ! i
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