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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 ~,~ i~ S ~E- 0 ,Q~ ~ By ,~w ~ ~~ ,~ /7n-L V TY OF ASPE' itle ~K 577 ~5~0 ~~ III/ .F „ .t,,%/p ~ ,~+ -y/I// \\ ~. d~ aG~/ tl~~l /~ :r \\\ ~ rrir :\o //qr/ O.\\~/~ r / \\\\O\ `\\\\\\~ ~?irj~p0\\\\N ~::. 1 r ~ ,1. ae ~ ; ..' :-.: ,,(~ II ,I ~ '' , III ~ ~\: \~ +1, ` y L-~ ~ 1 L 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 / T 1- r1 vP' ~/ R : 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. 2 1, _: U• C~ O O Q~ Q { 1 sE_... FY~I>J /~ /•- LN E4cyLNNDS 5KI : .•;14A MAR[~~iN _COi.-O. HW BZ `(',<\\ P-~ [O. Asvs nl µ 14.~a Sc.+ooL, TR~CEO FROM USGS qUA~ 'gSPEN~• r~ ~ s ~ ' ' ~ / / ~F G ~~ ~ '~ ~ ~a ~~ ~ ~ , . < <.,.~~ I,. I~-, o ~~ ~. j ~ ~, i i ~/ I~ •~i/ -~ - :u ~ ~ ~ ,~~~ I' ~s:~. ~ /i~ wa~~ ~ :~Y l: ~:~,~I J~ ~ / N ~ 0 ~ ' i el o ~ \ .rV. zo' owaluAC.e i ~ ~ ~ ~ ~~ ~~~ . N' I \ / P • ~\ l`\ ~ / ~Q~ ~ \ ~ < /~\ / ~ I ~ /~ ,- .'+•v+"Fn:.r/~~....in..in:.. ...rr:.-w/i~YW~W/~.M.ia ..... / \ ~/~ V .J / r Acius `~'~ ~ p ~ V ' 3 / tJ Z 0 N I ~ ~~ \ ti'~% ~ R - <,~ T 1 I ry j`_f~ 30 ~ I `'~: 3 5no+~ti'~ ;. ~_~ q p / i0 2q$EMC•IY p ~0 a .• ~Y ErH- C olpT_LI•lE A / O /~/ • ~ • ~ `: l / 10 PRIVATE ' SKI EASGM ENT / • ~ j PO R LoT 1 f ~ 19oeo j~ o" \ WT ~,. ~ ~~ /~~> ~ ~~`~~ lpT c /~ 0.99E r Ac~Q,/ •f y i~ • i~ rr /~ 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 tf 7J t. ~U I r l / ' Name: > ~ r i I /lE A ~/~~ Phone: I, Adtlr ss p ~ ~ ^ x C ~ % ~~ ~ ~ Protect < ~1 ~ ~ /~l ~ j '~ ' f~CK )~!~ (~ .%/L; c~ ~ i~<• rub, J"~ ,a: ~Fi~,_I~'I~,f Check 8 ~ ~ .~~ ~ Dete ~ ~ / / ~ / -~ ~ '. Atlditional Billing: N of Hours: ! i _ -