HomeMy WebLinkAboutpitkin.planning.273514207009 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
PARCEL IDt, 2735-142-07-009 .DATE RCVD: ~- # COPIES: ~ CASE NO P180-93
CASE NAME: Jones CDU Planners
PROJ ADDR:0335 Glen Eagle Dr (CDU 0333) Lot 9 Aspen Highland
OWNIAPP: Jones, Whipple Van ~ ADR~- C/SIZ:~- PHN:~-.
REP: ADR:~~ C/S2:,~- PHN:~-
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File Location;. ~. ,Box 775
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CASELOAD SUMMARY SHEET
PITKIN COUNTY
DATE RECEIVED: 12 30 93
DATE COMPLETE:
STAFF MEMBER: TM
CASE # P180-93
PARCEL ID# 2735-142-07-009
PROJECT NAME: Jones Caretaker Dwelling Unit
Project Address: 335 Glen Eagle Dr
APPLICANT: Whipple Van Ness Jones
Applicant Address: 7273 Mission Hills Dr.
REPRESENTATIVE: Andrew Dorf
Representative Address/Phone:
-------------------------------------------------
FEES: PLANNING $ 207 # APPS RECEIVED 15
ENGINEER $ # PLATS RECEIVED 15
HOUSING $
ENV. HEALTH $
TOTAL $ 207
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
DRC MEETING DATE
P&Z MEETING DATE PUBLIC HEARING: NO
BOCC MEETING DATE 3 ~5 PUBLIC HEARING: YES NO
ESTIMATED TIME FOR BOCC:
REFERRALS:
~~~-~ Attorney -Aspen Consol S.D. School District
Engineer Rocky Mtn Nat Gas USFS (Carbondale)
Housing =
Holy Cross USFS (Aspen)
Aspen Water -Aspen Fire Div. of Wildlife
Envir.Hlth. -Basalt Fire BLM
_~_/_ Manager Carbondale Fire
~ Snowmass Villa e
us
C
V Zoning -Div. Water Res. auc
Airport Mgr. -State Forest Ser. Caucus
Sheriff CO Geo.survey Homeowners
City P & Z -State Hwy Dept. Open Space Bo x ~
Building Dept
-Clean Air Board ~ ~
Other:
DATE REFERRED: INITIALS: ~?Af DATE~DUE: r ~
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RESOLUTION #:
PLAT OR SITE PLAN RECORDED AT BOOK
FINAL ROUTING
County Attorney
Housing
Open Space Bd.
Other:
FILED:
Revised 04/06/93
DATE:
PAGE(S) _
/// 97 INITIAL:
-County Engineer Zoning
Envir. Health Applicant
DATE ROUTED:
~.c,~~~~ ~ j 3
,,~, ..
369991 B-f5O F'-407 i~0/i.?/94 1^:4OF' F'G 1 OF 3 REC DOC
SILVIA DAVIS F'ITF'IN COUNTY CLERF:: ?~ RECORDER 0.~?~?
RESOLUTION OF THE HOARD OF COIINTY COMMISSS'ONERS OF PITRIN
COIINTY COLORADO, GRANTING APPROVAL TO THE
JONES CARETAKER DWELLING UNIT
Resolution No. 94-~
RECITALS
1. Whipple Vann Ness Jones hereinafter "Applicant", have
applied to the Board of County Commissioners of Pitkin County,
Colorado, hereinafter "Board", for approval of a caretaker
dwelling unit pursuant to Section 3-8.13(d) of the Land Use
Code.
2. The Applicant's lot is zoned R-30 and is approximately
5.47 acres in size.
3. Said parcel is specifically described as Lot 9 of the
Aspen Highlands Subdivision 2nd Filing.
4. The Applicant proposes to deed restrict the caretaker
dwelling unit pursuant to ordinance 91-11.
5. The Board heard this application at a regularly scheduled
meeting on March 15, 1994, at which time evidence and
testimony was presented with respect to this application.
6. The Board determined that the proposed caretaker unit
meets the criteria established in Section 3-8.13 (d) of the
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby grant approval for the Jones Caretaker Dwelling Unit
subject to the following conditions:
1. Prior to building permit application, the Applicant shall
submit detailed plans of the proposed garage/caretaker unit
and as-built drawings of the existing residence to the Zoning
~,,, v.,
369991 B-"r''5~1 F'-4t~8 i?5/1^/94 1~:40P F6 2 OF
Resolution No. 94-~
Page 2
Office for review. The Zoning Office will review these plans
to verify whether the proposed unit meets the net livable
floor area limitation (700 square feet) and to ensure that
the cumulative square footage of all structures on the
property does not exceed 15,000 square feet.
2. Prior to building permit application, the Applicant shall
submit a certified topographic survey not more than one year
old in order to verify that the proposed structure does not
violate County height regulations. The survey shall also
depict the number of parking stalls on the property.
3. Prior to building permit application the Applicant shall
submit a landscape plan showing screening between the proposed
garage/caretaker unit and the adjacent residence to the north.
This plan shall also identify the location of the two
additional parking stalls required. The plan shall be reviewed
and approved by the Planning Office prior to building permit
issuance.
4. Prior to building permit application, the applicants shall
record a caretaker deed restriction on the proposed accessory
dwelling unit pursuant to Section 3-8.13 (d)(3) of the Code
(Ord. 91-11).
5. Prior to building permit application, the applicant shall
provide documentation of a commitment by the Aspen Highlands
Water and Sanitation District to serve the proposed caretaker
unit with water and sewer.
6. The proposed caretaker unit will be subject to County
regulations regarding wood burning devices and fireplaces.
7. Prior to building permit application, the applicant shall
provide a soils analysis of the proposed building site to
determine whether engineered foundations are necessary.
8. The proposed caretaker dwelling unit shall be subject to all
other applicable provisions of the Pitkin County Land Use
Code.
9. The applicant shall comply with all material representations
made in the application, on the revised floor plan and in the
public meeting.
X69991 8-75~) P-40y' t),°,/1~/94 12:4UP P6 3 OF 3
Resolution No. 94-~
Page 3 y
APPROVED AND ADOPTED ON THE 13TH DAY OF
c
Deputy Clerk and
APPROVED AS TO FORM:
~ ~
Timothy E. Whits' ,
County Atto
BOARD OF COIINTY COMMISSIONERS
OF PITRIN COIINTY, COLORADO
By ~~~~~
Robert W. C it , Chairman
Date S ~~
APPROVED AS TO CONTENT:
L_
Suza a Ronc an,
Coun Planning Director
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Mr.
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In adds
City of
s~:rvice
La~9ds Hater ~ Sanitation DiaticiC~~ ester Serv~.ce ~ or
~ta~cer pnit at 335 Gien 8agles Drivla L, ~cated on It'*ot ~ I of
pn H3.ghlands Subdivision, Filing Ho. ~
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j~oYemus: ~
aankis Water & Sanitation District (rHii "SD") will prod ~.de
to ;the proposed caretaker unit in the .garage on LaY;I 9,
~'g}~landa Subdivision Filing No. ;2. Although j~the
rniaental agreement between HWSD an¢ :he City of Aq yen
~h!23, 1961, has imprecise language,'if is my opinion!~he
u#~it will have to pay City tap fees ~ ul der various naa{}is,
( flees, plant investment fees, etc.) The credit fo~124
~~s!in Filing No. 2 was for the 16 vil~s and Lots 1-$;;as
already connected to the District w er the Agreement;h~as
'yon,, the HWSD has a separate tap fed ..n addition to 17:he
4~3spfen tap fees which will also have ; tc be paid prio~~ to
~ g provided to the caretaker unit.I She H9iSD tap fe? is
2a~ of the total tap fee charged bi.he City of As~i:n.
9f !the tag fes for the District can made to Doree.~nt
1~o#t's office in Aspen or through the ~ i :~y if they .~.ve
~re; to collect the HWSD fees as well Gill. ch T understan~@ is
)ls~nented) . !
Intact ma if you have any questions.
lY iyours,
L , P.C. '
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AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - May 10, 1994
THRII: Reid Haughey, County Manager
Suzanne Konchan, County Planning Director
RE: Jones Caretaker Dwelling Unit
FROM: Tim Malloy, Senior Planner
SUMMARY: The Board reviewed this application at the March 15, 1994
regular meeting. At that meeting, the Paynes, an adjacent property
owner, expressed opposition the proposed location and size of the
garage/caretaker unit. The Board voted to table approval of the
Applicant's request to allow time for the Applicant and the
adjacent property owner to work out a mutually acceptable location
and design.
The Applicant has met with the Paynes and they came to a compromise
with respect to the location of the proposed caretaker unit. The
Applicant's representative has informed Staff that the proposed
structure will be located roughly 25' closer to the existing
residence on the Jones property. The Applicants representative
indicated that they would submit a revised site plan and a
landscape plan showing the new location of the structure. However,
no drawings had been submitted for Staff comment at the time this
memo was prepared.
Staff has attached the Planning Office memo and draft resolution
from the March 15th meeting for reference.
REQIIEST: The applicant is requesting approval for a caretaker
dwelling unit to be located within a freestanding garage which the
Applicant intends to construct on Lot 9 of the Aspen Highlands
Subdivision second filing. This application is being processed
pursuant to Section 3-8.13(d) of the Land Use Code. The garage is
proposed to be a two story structure approximately 3150 square feet
in area. The upper floor is intended to be utilized as a garage
while the lower floor will accommodate the caretaker dwelling unit,
a large storage area and a mechanical room. The Applicant indicates
that the proposed caretaker unit will comply with the 700 square
foot size limitation. The Applicant proposes to construct the
garage/caretaker unit in a location fairly distant (90 feet) from
the existing residence in an area of the property where a large
amount of fill was deposited last summer without the necessary
County permits.
LOCATION: Lot 9 of the Aspen Highlands Subdivision, 2nd Filing.
ZONING: R-30, 30,000 square foot minimum lot size.
STAFF RECOMMENDATION: Staff recommends approval of the proposed
caretaker dwelling unit subject to conditions shown in the attached
Planning Office memorandum and draft resolution.
~~~ ~
2
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - March 15, 1994
THRII: Reid Haughey, County Manager
Suzanne Konchan, County Planning Director
RE: Jones Caretaker Dwelling Unit
FROM: Tim Malloy, Senior Planner
SLTM24ARY: Staff recommends approval of the proposed caretaker
dwelling unit subject to conditions shown in the attached memo and
draft resolution.
REQIIEST: The applicant is requesting approval for a caretaker
dwelling unit to be located within a freestanding garage which the
Applicant intends to construct on Lot 9 of the Aspen Highlands
Subdivision second filing. This application is being processed
pursuant to Section 3-8.13 (d) of the Land Use Code. The garage is
proposed to be a two story structure approximately 3150 square feet
in area. The upper floor is intended to be utilized as a garage
while the lower floor will accommodate the caretaker dwelling unit,
a large storage area and a mechanical room. The Applicant indicates
that the proposed caretaker unit will comply with the 7Q0 square
foot size limitation. The Applicant proposes to construct the
garage/caretaker unit in a location fairly distant (90 feet) from
the existing residence in an area of the property where a large
amount of fill was deposited last summer without the necessary
County permits.
LOCATION: Lot 9 of the Aspen Highlands Subdivision, 2nd Filing.
ZONING: R-30, 30,000 square foot minimum lot size.
ISSIIES:
The Applicant has not provided adequate information to verify
whether the proposed caretaker unit meets the floor area
limitation (700 square feet) or the County height restriction.
Staff has requested that the Applicant submit detailed plans
of the proposed garage/caretaker unit and a certified
topographic 'survey in order to verify compliance with County
height and floor area restrictions.
2. The cumulative floor area of the existing residence and the
proposed garage/caretaker unit (13,812 square feet) is very
close. to the threshold for special review (15,000 square
feet). The Applicant has not provided adequate information to
verify the square footage of the existing residence. Staff has
recommended that the Applicant be required to provide as-
built drawings of the existing residence to verify that the
property does not exceed the 15,000 square foot special review
threshold.
3. The proposed garage/caretaker unit is intended to be located
in an area of the property where a significant amount of fill
was deposited last summer. This fill was deposited without the
required County permit.
4. The proposed garage/caretaker unit will be visible from the
adjacent residence to the north. The application does not
discuss screening or landscaping to minimize the impact on the
adjacent residence. Staff recommends .that a landscape plan be
required as a condition of approval.
5. The existing residence on this property has 7 bedrooms. Staff
does not have sufficient information to determine whether this
residence was constructed prior to the adoption of the
County's 5 bedroom special review requirement.
STAFF RECOMMENDATION: Staff recommends approval of the proposed
caretaker dwelling unit subject to conditions shown in the attached
Planning Office memorandum and draft resolution.
wjcum cdu
2
MEMORANDUM
T0: Board of County Commissioners
Regular Meeting - March 15, 1994
THRU: Reid Haughey, County Manager
Suzanne Konchan, County Planning Director
FROM: Tim Malloy, Planning Office
RE: Jones Caretaker Dwelling Unit
REQUEST: The applicant is requesting approval for a caretaker
dwelling unit to be located within a freestanding garage which the
Applicant intends to construct on Lot 9 of the Aspen Highlands
Subdivision second filing. This application is being processed
pursuant to Section 3-8.13(d) of the Land Use Code. The garage is
proposed to be a two story structure approximately 3150 square feet
in area (1575 square feet per floor). The upper floor is intended
to be utilized as a garage while the lower floor will accommodate
the caretaker dwelling unit, a large storage area and a mechanical
room. The Applicant indicates that the proposed caretaker unit will
comply with the 700 square foot size limitation. The Applicant
proposes to construct the garage/caretaker unit in a location
roughly 90 feet from the existing residence in an area of the
property where a large amount of fill was deposited last summer
without the necessary County permits.
APPLICANT: Whipple Van Ness Jones
APPLICANT'S REPRESENTATIVE: Andrew Doremus
LOCATION: Lot 9, Aspen Highlands Subdivision 2nd Filing.
ZONING: R-30, 30,000 square foot minimum lot size.
SITE DATA: The lot is approximately 5.47 .acres in size, and is
therefore, conforming as to area in the R-3o zone. According to
the Assessors office, there is an existing home on the property
which is approximately 10,662 square feet in size. The floor area
ratio in the R-30 zone district would allow a maximum of 30,975
square feet on this property, subject to special review approval
for any square footage over 15,000. According to the Applicant's
representative, the existing residence contains 7 bedrooms. The
existing residence does not have a garage. Parking is generally
handled under a large portico at the front entry and in the
driveway which is a large loop design. There is also a small
parking area where the proposed garage is to be located.
The property currently receives sewer and water service from the
Aspen Highlands Water and Sanitation District. The Applicant
proposes to utilize the existing water and sewer service for the
proposed caretaker dwelling unit. The proposed caretaker unit will
be located directly off of the existing driveway serving the main
house and will require no driveway extension. The proposed unit is
located outside of all required setbacks.
REFERRAL COMMENTS: The following is a summary of the comments from
the various referral agencies. The Aspen Highlands Water and
Sanitation District was also referred but they did not forward any
comments.
1) ENVIRONMENTAL HEALTH: The Environmental Health Department
offered the following comments:
The Applicant's proposal to provide water and sewer via the
existing Aspen Highlands Water and Sanitation District service
is acceptable. The applicant needs to provide written
documentation from the District verifying a commitment to
provide service prior to building permit application. The
proposed unit is not expected to create any significant air
quality or water quality impacts. The Environmental Health
Department notes that the Applicant will be required to comply
with County regulations for wood burning devices and will be
required to file a permit with the EHD for any gas log or
other decorative appliances prior to building permit
application. The Environmental Health Department memo is
attached for reference.
2) HOOSING: The Housing Office reviewed the application and
recommends approval of the proposed caretaker dwelling unit.
They recommend that detailed plans of the unit be provided so
that the floor area of the unit can be verified. They also
commented that the Housing Office prefers units to be at least
partially above grade. Staff has verified that the proposed
unit will be partially above grade and would have a private
yard space as a result of the proposed design. The Housing
Office also notes that a caretaker deed restriction must be
recorded for the unit pursuant to Section 3-8.13(a)(4) as
amended by Ordinance 91-1i. The summary memo from the Housing
Office is attached for reference.
3) ZONING: Joanna Schaffner commented that the floor area of the
existing structure has not been verified. As built plans of
the existing residence should be provided along with detailed
plans of the proposed structure prior to building permit
application in order to verify that the total square footage
of structures on the property does not exceed 15,000 square
feet. Joanna also notes that the plans submitted for the
proposed unit are not drawn to any scale and the exact floor
area of the proposed unit has not been verified. She also
states that the height of the structure has not been verified
2
due to inadequate information. The proposed structure is
intended to be located on fill which was deposited last
summer. This fill raised the grade by as much as 6 feet.
Joanna points out that the height of this fill will have to
be deducted from the total allowed height according to the
methodology for calculating height in the Land Use Code. Zn
order to accurately verify whether the proposed structure
meets the maximum allowed height, the Applicant will be
required to submit a certified topographic survey not more
than one year old. This survey must be submitted prior to
building permit application. The Zoning Office memo is
attached for reference. Joanna also notes that the caretaker
unit is not eligible for the 750 square foot garage exemption.
However, the property currently does not have a garage and is
eligible for this one-time exemption. However, a portion of
the exemption may be taken up by the existing portico. Staff
will clarify this at the board meeting.
4) COUNTY ENGINEER: The County engineer states that the proposed
caretaker unit should have little or no impact on the local
street system. He recommends that a soils analysis be done in
the location of the proposed garage to determine whether
engineered foundations will be necessary. The County
Engineer's memo is attached for reference.
5) MAROON/CASTLE CREEK CAUCUS: Staff received a letter from Bob
Francis summarizing the comments of the Caucus executive
committee. The letter indicates that while the Caucus
ordinarily supports caretaker dwelling units, they are
concerned that the proposed unit will be converted to a
dwelling unit. They cite the fact that the overall structure
is relatively large and is located a considerable distance (90
feet) from the existing residence as supporting their concern.
The Applicant's representative indicates that the purpose of
the proposed garage is to provide vehicle storage for the
property. There currently is no garage on the site.
STAFF COMMENTS:
Resolution 91-11, amending Section 3-8.13 of the Code, gives the
Board the authority to approve a caretaker unit up to 700 square
feet in size on any lot in the R-30 zone. Section 3-8.13(d), as
amended, allows caretaker units to be located in an approved
outbuilding provided that the unit meets the following conditions:
1. The total floor are of the principal and caretaker unit
shall not exceed the allowable FAR of the applicable zone
district.
Response: As-built drawings of the existing residence along
with detailed plans of the proposed structure will be required
3
prior to issuance of a building permit to verify compliance
with the FAR standards.
2. There shall be provided one (i) off street parking space
for each bedroom within the principal unit and one (1) off-
street parking space for each bedroom in the caretaker unit.
Response: The application includes no information regarding
parking or the number of bedrooms. Staff discussed this issue
with the Applicant's representative and was informed that the
existing residence has seven (7) bedrooms. There is currently
no garage on the property. Parking is generally handled under
a portico at the front entry and in the driveway, which is
large loop design. The proposed garage will accommodate 6
vehicles. According to the Applicant's representative one of
these stall could be dedicated to the caretaker unit. This
leaves 5 stalls for the existing residence, two less than the
number of bedrooms. There is ample space on the property to
accommodate the additional two stalls required. Staff would
recommend that the site plan for this property identify where
theses two stalls will be located.
3. The applicant shall record a "caretaker" deed restriction
as described in Section 3-8.13(d)(3), as amended by Ordinance
91-11.
The applicant is aware of the deed restriction and has agreed
to so restrict the proposed accessory dwelling unit.
4. The caretaker dwelling unit restriction may be removed by
the property owner upon approval of the Board, subject to the
requirement that the dwelling unit is removed or modified. If
modified, the remaining improvements must no longer be capable
of occupancy as a dwelling unit and must meet otherwise
applicable Code requirements.
Response: This requirement will apply if and when the
applicants decide to eliminate the proposed caretaker dwelling
unit.
OTHER ISSUES: The proposed garage/caretaker unit is located
relatively close to the adjacent residence owned by the Paynes.
Since the structure will be constructed on fill it will be visible
from this residence. The application does not include any
discussion of landscaping to minimize the impact on the adjacent
property. The Applicant's representative indicates that they have
had discussions with the adjacent property owners regarding
screening. Staff would recommend that a landscape plan, showing
screening between the proposed structure and the adjacent
residence, be required as a condition of approval.
The existing residence on this property exceeds the County's 5
4
bedroom threshold for special review. Staff does not have
sufficient information at this time to determine if the existing
residence was constructed prior to the adoption of the 5 bedroom
restriction. Staff will provide additional information on this
issue at the Board meeting.
RECOMMENDATION: Staff recommends that the Board approve the
requested caretaker dwelling unit subject to the following
conditions:
1. Prior to building permit application, the Applicant shall
submit detailed plans of the proposed garage/caretaker unit
and as-built drawings of the existing residence to the Zoninq
Office for review. The Zoning Office will review these plans
to verify whether the proposed unit meets the net livable
floor area limitation (700 square feet) and to ensure that
the cumulative square footage of all structures on the
property does not exceed 15,000 square feet.
2. Prior to building permit application, the Applicant shall
submit a certified topographic survey not more than one year
old in order to verify that the proposed structure does not
violate County height regulations. The survey shall also
depict the number of parking stalls on the property.
3. Prior to building permit application the Applicant shall
submit a landscape plan showing screening between the proposed
garage/caretaker unit and the adjacent residence to the north.
This plan shall also identify the location of the two
additional parking stalls required. The plan shall be reviewed
and approved by the Planning Office prior to building permit
issuance.
4. Prior to building permit application, the applicants shall
record a caretaker deed restriction on the proposed accessory
dwelling unit pursuant to Section 3-8.13 (d)(3) of the Code
(Ord. 91-11).
5. Prior to building permit application, the applicant shall
provide documentation of a commitment by the Aspen Highlands
Water and Sanitation District to serve the proposed caretaker
unit with water and sewer.
6. The proposed caretaker unit will be subject to County
regulations regarding wood burning devices and fireplaces.
7. Prior to building permit application, the applicant shall
provide a soils analysis of the proposed building site to
determine whether engineered foundations are necessary.
8. The proposed caretaker dwelling unit shall be subject to all
other applicable provisions of the Pitkin County Land Use
5
Code.
9. The applicant shall comply with all material representations
made in the application, on the revised floor plan and in the
public meeting.
ATTACHMENTS:
1. Memorandum from
2. Memorandum from
3. Memorandum from
4. Memorandum from
5. Letter from the
6. Application, an
the Environmental Health Department
the Zoning Office
the Housing Office
the County Engineer
Maroon/Castle Creek Caucus
d accompanying materials
memo_bocc_jones_cdu
MEMORANDUM
To: Tim Malloy, Planning Office
From: Chris Chiola, Environmental Health Department ~~
Through: Lee Cassin, Senior Environmental Health Officer
Date: February 17, 1994
Re: Jones Caretaker Dwelling Unit Review
ParcellD # 2735-142-07-009
The Aspen/Pitkin Environmental Health Department has reviewed the details of the
Jones Caretaker Dwelling Unit Review application under the authority of the Pitkin
County Code, Title II, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200: •n is the policy of the
Coumy to ensure that land is not committed to any use and that no use is initiated whhout adequate evidence that facilities to
collect, treat and dispose of anticipated types and quantities of waste water are available or can end will be provided with suitable
capacity, quality of discharge, suitable point of discharge and dependability'.
The applicant has agreed to serve the project with community sewer as provided by
the Aspen Highlands Sanitation District, but still needs to provide documentation "...that
the applicant and the service agency are mutually bound to the proposal and that the
,~
service agency is capable of serving the development... as defined in Section 5-200.2
of the Pitkin Coun Code. This documentation is a condition of approval for this
application.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205: 'h is the policy
of the County to ensure that land is not committed to any use and that no use is initiated without adequate evidence that a water
supply of adequate quality, quantity, pressure and dependability is available to support the use intended.'
The applicant has agreed to serve the project with water provided by the Aspen
Highlands Water District. The applicant needs to provide a "...letter of intent to service
the proposal.." as defined in Section 205.2 of the Pitkin County Code as a condition
of approval.
WATER QUALITY IMPACTS: Sections 2-22 and 5-107.2: •n is the policy of the County to preserve
and protect its present water resources. To this end ft is the policy of the Coumy that no land use be intiated which would
adversely effect the quantity, quality, or aceessibiliry of the County's water resources; or which would occur at the expense of
established water-dependent agrieukural activities; or which would resuk in increased salinization of water resources, loss of
minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water
resources. tt is also the policy of the County to maintain a natural vegetative butter along its surface waters such that the surface
and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration
of water quality or impair the natural treatment processes provided by meadows and wetlands.'
The Environmental Health Department will only be addressing water quality impacts on
down stream water quality. This application is not expected to impact down stream
water quality.
AIR ~UALITY• Sections 2-17 and 5-106: •ony that davelopmem is permhted which will not contribute
aignficanty to degradation of air quality in Pitkin County and is not a direct or indirect source of air pollution.
This project is not expected to contribute significantly to air quality degradation.
Emissions for this project will have a negligible impact on the quality of air in the non-
attainment area and mitigation measures are not required.
The applicant must file afireplace/woodstove permit with the Environmental Health
Department for any gas logs or decorative appliances before the building permit will be
issued. Metropolitan areas of Pitkin County which includes this site may have two
department certified devices and unlimited numbers of decorative gas appliances per
building. New homes may NOT have wood burning fireplaces, nor may any heating
device use coal as fuel.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-2 •It is the
policy of the County to ensure that no use or development of land is permitted which is in violation of the laws of the County,
the State of Colorado, or the United States of America'
This Department is not aware of any issues of concern regarding other environmental
health laws.
...Jr ENV:WP:UNO USE:JONES.CAflE
M E M O R A N D II M
T0: Tim Malloy, County Planner
FROM: Joanna S. Schaffner, County Zoning
DATE: February 9, 1994
RE: Jones Caretaker Dwelling Unit Review
Parcel ID# 2735-142-07-009
I have reviewed the above referenced application, and offer the
following comments.
ZONE: R-30, thirty thousand square foot minimum lot size
This parcel contains 5.47 acres and is conforming in size.
SETBACKS: The required setbacks for the R-30 zone district are:
30 foot front yard setback
15 foot side yard setback
20 foot rear yard setback
The proposed structure lies outside the required setbacks.
FLOOR AREA: The existing floor area has not been verified by the
Zoning Staff. This parcel is permitted a total floor area of
30,975 square feet, however, a Special Review is required for any
floor area over 15,000 square feet.
The proposed caretaker unit is not permitted a 750 square foot
garage exemption as stated in the application.
The plan submitted by the applicant is not to scale, therefore, the
net livable square footage cannot be calculated at this time.
HEIGHT: Sufficient information has not been submitted to
determine compliance with County height regulations.
PLEASE NOTE: The applicant has raised the grade directly beneath
the proposed structure by almost six feet. This earthmoving was
done last summer, without required permits from Pitkin County.
Pursuant to the definition of building height, the amount of fill
will be deducted from the total allowed height requirement.
A certified survey not more than a year old is required prior to
submittal of a building permit application so that accurate height
calculations may be made. The survey submitted is not clear as to
what the grade elevation is under the proposed structure.
The garage as shown on the site plan is not to scale.
TO: Tim Malloy, County Planner
FROli: Cindy Christensen, Housing Office
DATE: February 25, 1994
RE: Jones Review for a Caretaker Dwelling Unit
Parcel ID No. 2735-142-07-009
After reviewing the above-referenced application, the. Housing
Office recommends approval of the proposed Caretaker Dwelling Unit
pursuant to Section 3-8.13 of the Pitkin County Land Use Code and
Board of County Commissioner Ordinance 91-11.
Section 3-8.13(d), Caretaker Units - Outbuildings, states:
The Board may permit one caretaker dwelling untt not to exceed 700 square feet, to be located within
a property approved outbuilding on any lot wtthin the R-30, AF-1, AF-2, RS-20, RS-30 and RS-160
zone districts .. .
The applicant states that this unit is to be 699.5 square feet.
Since this is so close to the maximum, this should be checked
closely upon submittal of the floor plans. The unit must also
contain a kitchen as defined below:
For Accessory Dwelling Unfts and Caretaker Dwelling Units, a minimum of atwo-burner stove and
oven, standard sink, and a 6-cubic foot refrigerator plus freezer.
The applicant must also comply with Section 3-8.13(a)(4), added per
a Code amendment enacted with Ordinance 91-11, which states:
The applicant shall by deed restriction or other permanent commitment running wkh the land,
guaramee that the caretaker unit not be required to be rented; not be condominiumized or sold; not
be occupied by the owner or spouse; be limtted to occupancy by not more than two (2) adults, and
related children, who quality as (and have been found by the Housing Authority to be) employees
of the community under such guidelines as may be from time to time established by said Authority;
be rented for terms not less than six (6) momhs 'rf rented. The caretaker dwelling may be occupied
by members of the immediate family even though they may not qualify as an employee of the
community. "Immediate Fatuity' shall mean a person related by blood or marriage whc is a first
cousin (or closer relative) and his or her children.
The Housing Office is unsure of the location of the unit as to if
it is all below grade. Although the applicant can do this, the•
Housing Office prefers the unit to be partially above grade.
Prior to building permit approval, exact floor plans of the
caretaker dwelling unit and a signed and recorded Deed Restriction
must be submitted to the Housing Office. The floor plans must
state net liveable square footage as defined in the Aspen/Pitkin
County Housing office's Guidelines. A copy of this deed
restriction can be obtained in the Housing Office.
U+ord\referrat\lones_o.cdu
MESSAGE DISPLAY
TO Tim Malloy
CC PCSKB
From: Bud Eylar
Postmark: Mar 07,94
4:36 PM
CC Bud
Subject: Jones Caretaker
Message:
Tim, I have reviewed th
i) The addition of the
on the local street, ad
additional trips will a
area. 2) If the garage.
undertaken to determine
necessary to handle the
e application and have the following comments:
caretaker unit should have little or no impact
ding only seven trips per day. However, the
dd to the VMT within the Aspen Nonattainment
is approved, a soils analysis should be
whether engineered foundations will be
loads and soil pressures. Bud
-___=====X=====----------
~~~~f~ . ~ ~'LY~~iCt/J' ~ ATTORNEY AT LAW
PAOFESSIONAI CORPORATION
106 SOUTH MILL STREET, ASPEN, COLORADO 81611
(303) 925-6750 FAX 925-6751
FFt32~
February 23, 1994
Aspen/Pitkin County Planning Department
Attn. Tim Malloy
130 S. Galena
Aspen, Colorado 81611
Re: Whip Jones' garage/caretaker unit
Dear Tim:
The executive committee of the Maroon/Castle Caucus has
reviewed the above application. The following are our comments.
As you may know, in the past the Committee has generally not
had any problems with caretaker units, provided that the units were
placed in the employee housing "pool" and governed by the standard
employee housing restrictions. Our concern has always been that
the caretaker units indeed turn out to be genuine employee housing
units.
In this case, however, we have some specific concerns. We
note that the garage and caretaker unit are both relatively large.
We also note that the garage appears to be a considerable distance
from the. house. In the past, most of the caretaker units we have
seen which are integrated with garages have beer, in connection with
attached garages. We feel that having the garage close to the
house, or part of it, integrates the unit into the structure, and
lessens the impact therefrom. Here, we are concerned that the
long-range intent for the garage/caretaker unit is to improve the
entire structure into a dwelling unit. In that regard we note that
people typically locate detached garages very close to the
principle residence. Obviously, people don't want to park their
cars, only to end up having to walk a long way to the house. In
this case, the only reason we can fathom for locating the garage
where it is would be the homeowner's expectation that the garage
would eventually become more than just a garage.
If you have any question, please do not hesitate to contact
me.
'ncerely,
Robe A. ranci~
Chairman
RAF/som
-~`
AGENDA ITEM SIIMMARY
TO: Board of County Commissioners
~ ~ ~°
Regular Meeting - May 10, 1994
THRII: Reid Haughey, County Manager
Suzanne Konchan, County Planning Director
RE: Jones Caretaker Dwelling Unit
FROM: Tim Malloy, Senior Planner
SUMMARY: The Board reviewed this application at the March 15, 1994
regular meeting. At that meeting, the Paynes, an adjacent property
owner, expressed opposition the proposed location and size of the
garage/caretaker unit. The Board voted to table approval of the
Applicant's request to allow time for the Applicant and the
adjacent property owner to work out a mutually acceptable location
and design.
The Applicant has met with the Paynes and they came to a compromise
with respect to the location of the proposed caretaker unit. The
Applicant's representative has informed Staff that the proposed
structure will be located roughly 25' closer to the existing
residence on the Jones property. The Applicants representative
indicated that they would submit a revised site plan and a
landscape plan showing the new location of the structure. However,
no drawings had been submitted for Staff comment at the time this
memo was prepared.
Staff has attached the Planning Office memo and draft resolution
from the March 15th meeting for reference.
REQUEST: The applicant is requesting approval for a caretaker
dwelling unit to be located within a freestanding garage which the
Applicant intends to construct on Lot 9 of the Aspen Highlands
Subdivision second filing. This application is being processed
pursuant to Section 3-8.13(d) of the Land Use Code. The garage is
proposed to be a two story structure approximately 3150 square feet
in area. The upper floor is intended to be utilized as a garage
while the lower floor will accommodate the caretaker dwelling unit,
a large storage area and a mechanical room. The Applicant indicates
that the proposed caretaker unit will comply with the 700 square
foot size limitation. The Applicant proposes to construct the
garage/caretaker unit in a location fairly distant (90 feet) from
the existing residence in an area of the property where a large
amount of fill was deposited last summer without the necessary
County permits.
LOCATION: Lot 9 of the Aspen Highlands Subdivision, 2nd Filing.
p~pMS VY~' ''~ vC~ic.x~ ~ Zn,,,L..~ ~ ~ , ~~ w.:~ Goes eovr,pl
~-.
MESSAGE DISPLAY
TO TIM MALLOY
From: Joanna Schaffner
Postmark: May 09,94 3:14 PM
Subject: Jones
,~
~'
Message:
This complies with Net Livable Floor Area.
Although I do not have enough information to verify compliance
with County height regs, it appears that the proposed structure will
comply. See me if any other questions arise.
----------=====X=====___-------
r. na
1adTT~ 3/I4/9I
BOARD OFCOUNTYCOMMISSIONERS
FROM• TOMAND MBRBIB PAYNIs'
$~ JONES 6 CAR GARAGEAIVD CARETAKER IIMT
Whip Ins watch dogged the aubdivlslon for?S years and is now proposi>;g to
do somtthtr{g directly eonttstry to the covenwtts to which he has obliged other
homeowners to cotrfona
a He proposes a separate buiJdltt~ far from the main residence. adjacent
to the propesry line and In closer Droximity to both neighboring houses
than his own.
6. We do not object to a caretakers unit per se, but the mere magtninrde of
a 6 car ¢at+o~s is hnpproprtate.
c. We bu1Jt our home I7 years ago with a apec~c passive solar orientation
to the southwest ~'he proposed location of the new building puts it
directly to our view plane just on the other side of our fence.
E Tsven though we have discrassed the proposed structure with both Whip and
Andrew Dontmrs, without drawn plans detailing height, overaJf dimensions
and exact location, we are utuun of exactly what they have i» mind We feel Jt
would be improper, under airy circumstances, jot eonstrucNon of a 6 car
' garage in a long atand/ng rasidentfo! subdivision without submitting drawings
` for the Impacted adJacettt »elghbors 1o have an exact understanding of what is
~ to be built.
We would propose that:
I. h5rarct plate be made available for revtew
?. The strucwre be relocated closer to the owtter's house, and not the two
adJointnlg neighbors
3. The size of the garage be reduced to a more manageable and
appropriate dimension
4. Appropriate bermittg ottd landseopittg be required by the owner/bullder
to presetvs the private wooded longstatuiing characteristics ojthe
subdlvtalon
In conelustotR we feel this changes a ?S year pattern in the Aspen Highlands
subdtvfston atta-secs a dangerous precedent for allowing accessory buildings
whJeh are too Jorge and too jar away from the morn dwelling.
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - March 15, 1994
THRU: Reid Haughey, County Manager
Suzanne Konchan, County Planning Director ~}'i
RE: Jones Caretaker Dwelling Unit
FROM: Tim Malloy, Senior Planner
SUMMARY: Staff recommends approval of the proposed caretaker
dwelling unit subject to conditions shown in the attached memo and
draft resolution.
REQUEST: The applicant is requesting approval for a caretaker
dwelling unit to be located within a freestanding garage which the
Applicant intends to construct on Lot 9 of the Aspen Highlands
Subdivision second filing. This application is being processed
pursuant to Section 3-8.13(d) of the Land Use Code. The garage is
proposed to be a two story structure approximately 3150 square feet
in area. The upper floor is intended to be utilized as a garage
while the lower floor will accommodate the caretaker dwelling unit,
a large storage area and a mechanical room. The Applicant indicates
that the proposed caretaker unit will comply with the 700 square
foot size limitation. The Applicant proposes to construct the
garage/caretaker unit in a location fairly distant (90 feet) from
the existing residence in an area of the property where a large
amount of fill was deposited last summer without the necessary
County permits.
LOCATION: Lot 9 of the Aspen Highlands Subdivision, 2nd Filing.
ZONING: R-30, 30,000 square foot minimum lot size.
ISSUES:
1. The Applicant has not provided adequate information to verify
whether the proposed caretaker unit meets the floor area
limitation (700 square feet) or the County height restriction. 5
Staff has requested that the Applicant submit detailed plans
of the proposed garage/caretaker unit and a certified SCI
topographic survey in order to verify compliance with County
height and floor area restrictions. (~
2. The cumulative floor area of th exis ing residence and the
proposed garage/caretaker unit 13,8 square feet) is very
close to the threshold for sp ci review (15,000 square
feet). The Applicant has not pro ed adequate information to
verify the square footage of th existing residence. Staff has
l ~ )S GtY~ ~a~ ~y1 as~essor3
records 7Or Pnc ~s~ ~ res ~ 10, 662 ~31k=
recommended that the Applicant be required to provide as-
built drawings of the existing residence to verify that the
property does not exceed the 15,000 square foot special review
threshold.
3. The proposed garage/caretaker unit is intended to be located
in an area of the property where a significant amount of fill
was deposited last summer. This fill was deposited without the
required County permit.
4. The proposed garage/caretaker unit will be visible from the
adjacent residence to the north. The application does not
discuss screening or landscaping to minimize the impact on the
adjacent residence. Staff recommends that a landscape plan be
required as a condition of approval.
5. The existing residence on this property has 7 bedrooms. Staff
does not have sufficient information to determine whether this
residence was constructed prior to the adoption of the
County's 5 bedroom special review requirement.
STAFF RECOMMENDATION: Staff recommends approval of the proposed
caretaker dwelling unit subject to conditions shown in the attached
Planning Office memorandum and draft resolution.
a~~~ ~a~
2
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting - March 15, 1994
THRU: Reid Haughey, County Manager
Suzanne Konchan, County Planning Director
FROM: Tim Malloy, Planning Office
RE: Jones Caretaker Dwelling Unit
REQUEST: The applicant is requesting approval for a caretaker
dwelling unit to be located within a freestanding garage which the
Applicant intends to construct on Lot 9 of the Aspen Highlands
Subdivision second filing. This application is being processed
pursuant to Section 3-8.13 (d) of the Land Use Code. The garage is
proposed to be a two story structure approximately 3150 square feet
in area (1575 square feet per floor). The upper floor is intended
to be utilized as a garage while the lower floor will accommodate
the caretaker dwelling unit, a large storage area and a mechanical
room. The Applicant indicates that the proposed caretaker unit will
comply with the 700 square foot size limitation. The Applicant
proposes to construct the garage/caretaker unit in a location
roughly 90 feet from the existing residence in an area of the
property where a large amount of fill was deposited last summer
without the necessary County permits.
APPLICANT: Whipple Van Ness Jones
APPLICANT'S REPRESENTATIVE: Andrew Doremus
LOCATION: Lot 9, Aspen Highlands Subdivision 2nd Filing.
ZONING: R-30, 30,000 square foot minimum lot size.
SITE DATA: The lot is approximately 5.47 acres in size, and is
therefore, conforming as to area in the R-3o zone. According to
the Assessors office, there is an existing home on the property
which is approximately 10,662 square feet in size. The floor area
ratio in the R-30 zone district would allow a maximum of 30,975
square feet on this property, subject to special review approval
for any square footage over 15,000. According to the Applicant's
representative, the existing residence contains 7 bedrooms. The
existing residence does not have a garage. Parking is generally
handled under a large portico at the front entry and in the
driveway which is a large loop design. There is also a small
parking area where the proposed garage is to be located.
The property currently receives sewer and water service from the
Aspen Highlands Water and Sanitation District. The Applicant
proposes to utilize the existing water and sewer service for the
proposed caretaker dwelling unit. The proposed caretaker unit will
be located directly off of the existing driveway serving the main
house and will require no driveway extension. The proposed unit is
located outside of all required setbacks.
REFERRAL COMMENTS: The following is a summary of the comments from
the various referral agencies. The Aspen Highlands Water and
Sanitation District was also referred but they did not forward any
comments.
1) ENVIRONMENTAL HEALTH: The Environmental Health Department
offered the following comments:
The Applicant's proposal to provide water and sewer via the
existing Aspen Highlands Water and Sanitation District service
is acceptable. The applicant needs to provide written
documentation from the District verifying a commitment to
provide service prior to building permit application. The
proposed unit i.s not expected to create any significant air
quality or water quality impacts. The Environmental Health
Department notes that the Applicant will be required to comply
with County regulations for wood burning devices and will be
required to file a permit with the EHD for any gas log or
other decorative appliances prior to building permit
application. The Environmental Health Department memo is
attached for reference.
2) HOUSING: The Housing Office reviewed the application and
recommends approval of the proposed caretaker dwelling unit.
They recommend that detailed plans of the unit be provided so
that the floor area of the unit can be verified. They also
commented that the Housing office prefers units to be at least
partially above grade. Staff has verified that the proposed
unit will be partially above grade and would have a private
yard space as a result of the proposed design. The Housing
Office also notes that a caretaker deed restriction must be
recorded for the unit pursuant to Section 3-8.13(a)(4) as
amended by Ordinance 91-11. The summary memo from the Housing
Office is attached for reference.
3) ZONING: Joanna Schaffner commented that the floor area of the
existing structure has not been verified. As built plans of
~ „_,'~the existing residence should be provided along with detailed
,~ ` ~ UT'" "plans of the proposed structure prior to building permit
V`~ application in order to verify that the total square footage
l~~l.i ` \ of structures on the property does not exceed 15,000 square
(l). `I_wl@(J~ feet. Joanna also notes that the plans submitted for the
proposed unit are not drawn to any scale and the exact floor
~t~ ~ area of the proposed unit has not been verified. She also
~~~'• 5 tates that the height of the structure has not been verified
~ L~„~~~~~1~ ~R' 2
'~'~c~oQ.~'\y~,,~X . ~c~
~~c,
due to inadequate information. The proposed structure is
intended to be located on fill which was deposited last
summer. This fill raised the grade by as much as 6 feet.
Joanna points out that the height of this fill will have to
be deducted from the total allowed height according to the
methodology for calculating height in the Land Use Code. In
order to accurately verify whether the proposed structure
meets the maximum allowed height, the Applicant will be
required to submit a certified topographic survey not more
than one year old. This survey must be submitted prior to
building permit application. The Zoning Office memo is
attached for reference. Joanna also notes that the caretaker
unit is not eligible for the 750 square foot garage exemption.
However, the property currently does not have a garage and is
eligible for this one-time exemption. However, a portion of
the exemption may be taken up by the existing portico. Staff
will clarify this at the board meeting. ~ SK
4) COUNTY ENGINEER: The County engineer states that the proposed
caretaker unit should have little or no impact on the local
street system. He recommends that a soils analysis be done in
the location of the proposed garage to determine whether
engineered foundations will be necessary. The County
Engineer's memo is attached for reference.
5) MAROON/CASTLE CREEK CAUCUS: Staff received a letter from Bob
Francis summarizing the comments of the Caucus executive
committee. The letter indicates that while the Caucus
ordinarily supports caretaker dwelling units, they are
concerned that the proposed unit will be converted to a
dwelling unit. They cite the fact that the overall structure
is relatively large and is located a considerable distance (90
feet) from the existing residence as supporting their concern.
The Applicant's representative indicates that the purpose of
the proposed garage is to provide vehicle storage for the
property. There currently is no garage on the site.
3TAFF COMMENTS:
Resolution 91-11, amending Section 3-8.13 of the Code, gives the
Board the authority to approve a caretaker unit up to 700 square
feet in size on any lot in the R-30 zone. Section 3-8.13(d), as
amended, allows caretaker units to be located in an approved
outbuilding provided that the unit meets the following conditions:
1. The total floor are of the principal and caretaker unit
shall not exceed the allowable FAR of the applicable zone
district.
Response: As-built drawings of the existing residence along
with detailed plans of the proposed structure will be required
3
prior to issuance of a building permit to verify compliance
with the FAR standards.
2. There shall be provided one (1) off street parking space
for each bedroom within the principal unit and one (i) off-
street parking space for each bedroom in the caretaker unit.
Response: The application includes no information regarding
parking or the number of bedrooms. Staff discussed this issue
with the Applicant's representative and was informed that the
existing residence has seven (7) bedrooms. There is currently
no garage on the property. Parking is generally handled under
a portico at the front entry and in the driveway, which is
large loop design. The proposed garage will accommodate 6
vehicles. According to the Applicant's representative one of
these stall could be dedicated to the caretaker unit. This
leaves 5 stalls for the existing residence, two less than the
number of bedrooms. There is ample space on the property to
accommodate the additional two stalls required. Staff would
recommend that the site plan for this property identify where
theses two stalls will be located.
3. The applicant shall record a "caretaker" deed restriction
as described in Section 3-8.13(d)(3), as amended by Ordinance
91-11.
The applicant is aware of the deed restriction and has agreed
to so restrict the proposed accessory dwelling unit.
4. The caretaker dwelling unit restriction may be removed by
the property owner upon approval of the Board, subject to the
requirement that the dwelling unit is removed or modified. If
modified, the remaining improvements must no longer be capable
of occupancy as a dwelling unit and must meet otherwise
applicable Code requirements.
Response: This requirement will apply if and when the
applicants decide to eliminate the proposed caretaker dwelling
unit.
OTHER ISSUES: The proposed garage/caretaker unit is located
relatively close to the adjacent residence owned by the Paynes.
Since the structure will be constructed on fill it will be visible
from this residence. The application does not include any
discussion of landscaping to minimize the impact on the adjacent
property. The Applicant's representative indicates that they have
had discussions with the adjacent property owners regarding
screening. Staff would recommend that a landscape plan, showing
screening between the proposed structure and the adjacent
residence, be required as a condition of approval.
The existing residence on this property exceeds the County's 5
4
bedroom threshold for special review. Staff does not have
sufficient information at this time to determine if the existing
residence was constructed prior to the adoption of the 5 bedroom
restriction. Staff will provide additional information on this
issue at the Board meeting.
RECOMMENDATION: Staff recommends that the Board approve the
requested caretaker dwelling unit subject to the following
conditions:
1. Prior to building permit application, the Applicant shall
submit detailed plans of the proposed garage/caretaker unit
and as-built drawings of the existing residence to the Zoning
Office for review. The Zoning Office will review these plans
to verify whether the proposed unit meets the net livable
floor area limitation (700 square feet) and to ensure that
the cumulative square footage of all structures on the
property does not exceed 15,000 square feet.
2. Prior to building permit application, the Applicant shall
submit a certified topographic survey not more than one year
old in order to verify that the proposed structure does not
violate County height regulations. The survey shall also
depict the number of parking stalls on the property.
3. Prior to building permit application the Applicant shall
submit a landscape plan showing screening between the proposed
garage/caretaker unit and the adjacent residence to the north.
This plan shall also identify the location of the two
additional parking stalls required. The plan shall be reviewed
and approved by the Planning office prior to building permit
issuance.
4. Prior to building permit application, the applicants shall
record a caretaker deed restriction on the proposed accessory
dwelling unit pursuant to Section 3-8.13 (d)(3) of the Code
(Ord. 91-11).
5. Prior to building permit application, the applicant shall
provide documentation of a commitment by the Aspen Highlands
Water and Sanitation District to serve the proposed caretaker
unit with water and sewer.
6. The proposed caretaker unit will be subject to County
regulations regarding wood burning devices and fireplaces.
7. Prior to building permit application, the applicant shall
provide a soils analysis of the proposed building site to
determine whether engineered foundations are necessary.
8. The proposed caretaker dwelling unit shall be subject to all
other applicable provisions of the Pitkin County Land Use
5
Code.
9. The applicant shall comply with all material representations
made in the application, on the revised floor plan and in the
public meeting.
ATTACHMENTS:
1. Memorandum from
2. Memorandum from
3. Memorandum from
4. Memorandum from
5. Letter from the
6. Application , an
memo bocc Jones cdu
the Environmental Health Department
the Zoning Office
the Housing Office
the County Engineer
Maroon/Castle Creek Caucus
d accompanying materials
~ , ~~ r ~o {~Lt~l ~ ~ ~ I ~p~~`cu~'io-~ `~~-~ 611 em~r~ ~(~i
~~1} G S~e ~c--- 7~'d~w1i'h ~~ifr-~ o-r1l''`~~ie. ~~~--
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Mod ~ fb ~~ -b ve~-~ ~ {~
~ ~~
MEMORANDUM
To: Tim Malloy, Planning Office
From: Chris Chiola, Environmental Health Department ~~
Through: Lee Cassin, Senior Environmental Health Officer
Date: February 17, 1994
Re: Jones Caretaker Dwelling Unit Review
Parcel ID # 2735-142-07-009
The Aspen/Pitkin Environmental Health Department has reviewed the details of the
Jones Caretaker Dwelling Unit Review application under the authority of the Pitkin
Countv Code, Title II, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200: •n is the policy of the
County to ensure that land is not committed to any use and that no use is initiated without adequate evidence that facilities to
collect, treat and dispose of anticipated types and quantities of waste water ere available or can and will be provided with suitable
capacity, quality of discharge, suitable point of discharge end dependability'.
The applicant has agreed to serve the project with community sewer as provided by
the Aspen Highlands Sanitation District, but still needs to provide documentation "...that
the applicant and the service agency are mutually bound to the proposal and that the
service agency is capable of serving the development..." as defined in Section 5-200.2
of the Pitkin County Code. This documentation is a condition of approval for this
application.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205: •n is the policy
of the County to ensure that land is not committed to any use and that no use is initiated without adequate evidence that a water
supply of adequate quality, quantity, pressure end dependability is available to support the use intended'
The applicant has agreed to serve the project with water provided by the Aspen
Highlands Water District. The applicant needs to provide a "...letter of intent to service
the proposal..." as defined in Section 205.2 of the Pitkin County Code as a condition
of approval
WATER QUALITY IMPACTS: Sections 2-22 and 5-107.2: •n is the policy of the County to preserve
and protect its present water resources. To this end it is the policy of the County that no land use be initiated which would
adversely enact the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of
established water•dependent agricultural activities; or which would resuit in increased salinization of water resources, loss of
minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water
resources. k is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface
and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration
of water quality or impair the natural treatment processes provided by meadows end wetlands.'
The Environmental Health Department will only be addressing water quality impacts on
down stream water quality. This application is not expected to impact down stream
water quality.
AIR QUALITY: Sections 2-17 and 5-106: 'Only that development is permitted which will not contribute
sign'rficantly to degradation of air quality in PRkin County and is not a direct or indirect source of air pollution.
This project is not expected to contribute significantly to air quality degradation.
Emissions for this project will have a negligible impact on the quality of air in the non-
attainment area and mitigation measures are not required.
The applicant must file afireplace/woodstove permit with the Environmental Health
Department for any gas logs or decorative appliances before the building permit will be
issued. Metropolitan areas of Pitkin County which includes this site may have two
department certified devices and unlimited numbers of decorative gas appliances per
building. New homes may NOT have wood burning fireplaces, nor may any heating
device use coal as fuel.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-2 •n is the
policy of the County to ensure that no use or development of land is permitted which is in violation of the laws of the County,
the State of Colorado, or the United States of America.'
This Department is not aware of any issues of concern regarding other environmental
health laws.
...Jf ENV:WP:LAND USE:JONES.CARE
M E M O R A N D U M
TO: Tim Malloy, County Planner
FROM: Joanna S. Schaffner, County Zoning
DATE: February 9, 1994
RE: Jones Caretaker Dwelling Unit Review
Parcel ID# 2735-142-07-009
I have reviewed the above referenced application, and offer the
following comments.
ZONE: R-30, thirty thousand square foot minimum lot size
This parcel contains 5.47 acres and is conforming in size.
SETBACKS: The required setbacks for the R-30 zone district are:
30 foot front yard setback
15 foot side yard setback
20 foot rear yard setback
The proposed structure lies outside the required setbacks.
FLOOR AREA: The existing floor area has not been verified by the
Zoning Staff. This parcel is permitted a total floor area of
30,975 square feet, however, a Special Review is required for any
floor area over 15,000 square feet.
The proposed caretaker unit is not permitted a 75o square foot
garage exemption as stated in the application.
The plan submitted by the applicant is not to scale, therefore, the
net livable square footage cannot be calculated at this time.
HEIGHT: Sufficient information has not been submitted to
determine compliance with County height regulations.
PLEASE NOTE: The applicant has raised the grade directly beneath
the proposed structure by almost six feet. This earthmoving was
done last summer, without required permits from Pitkin County.
Pursuant to the definition of building height, the amount of fill
will be deducted from the total allowed height requirement.
A certified survey not more than a year old is required prior to
submittal of a building permit application so that accurate height
calculations may be made. The survey submitted is not clear as to
what the grade elevation is under the proposed structure.
The garage as shown on the site plan is not to scale.
.._..
TO: Tim Malloy, County Planner
FROM: Cindy Christensen, Housing Office
DATE: February 25, 1994
RE: Jones Review for a Caretaker Dwelling Unit
Parcel ID No. 2735-142-07-009
After reviewing the above-referenced application, the Housing
Office recommends approval of the proposed Caretaker Dwelling Unit
pursuant to Section 3-8.13 of the Pitkin County Land Use Code and
Board of County Commissioner Ordinance 91-11.
Section 3-8.13(d), Caretaker Units - Outbuildings, states:
The Board may permk one caretaker dwelling unR not to exceed 700 square feet, to be located within
a propery approved outbuilding on any lot within the R30, AF-1, AF-2, RS-20, RS-30 and RS-160
zone districts .. .
The applicant states that this unit is to be 699.5 square feet.
Since this is so close to the maximum, this should be checked
closely upon submittal of the floor plans. The unit must also
contain a kitchen as defined below:
For Accessory Dwelling Units and Caretaker Dwelling Units, a minimum of atwo-burner stove and
oven, standard sink, and a 6-cubic foot refrigerator plus freezer.
The applicant must also comply with Section 3-8.13(a)(4), added per
a Code amendment enacted with Ordinance 91-11, which states:
The applicarn shall by deed restriction or other permanern commttmern running with the land,
guarantee that the caretaker unft not be required to be rerned; not be condominiumized or sold; not
be occupied by the owner or spouse; be limited to occupancy by not more than two (2) adults, and
related children, who qualify as (and have been found by the Housing Authority to be) employees
of the community under such guidelines as may be from time to time established by said Authority;
be rerned for terms not less than six (6) months 'rf rerned. The caretaker dwelling may be occupied
by members of the immediate family even though they may not quality as an employee of the
community. "Immediate Family" shall mean a person related by blood or marriage who is a first
cousin (or closer relative) and his or her children.
The Housing Office is unsure of the location of the unit as to if
it is all below grade. Although the applicant can do this, the
Housing Office prefers the unit to be partially above grade.
Prior to building permit approval, exact floor plans of the
caretaker dwelling unit and a signed and recorded Deed Restriction
must be submitted to the Housing Office. The floor plans must
state net liveable square footage as defined in the Aspen/Pitkin
County Housing Office's Guidelines. A copy of this deed
restriction can be obtained in the Housing Office.
U+ord\referral\jones_o.cdu
MESSAGE DISPLAY
TO Tim Malloy CC Bud
CC PCSKB
From: Bud Eylar
Postmark: Mar 07,94 4:36 PM
Subject: Jones Caretaker
Message:
Tim, I have reviewed the application and have the following comments:
1) The addition of the caretaker unit should have little or no impact
on the local street, adding only seven trips per day. However, the
additional trips will add to the VMT within the Aspen Nonattainment
area. 2) If the garage is approved, a soils analysis should be
undertaken to determine whether engineered foundations will be
necessary to handle the loads and soil pressures. Bud
----------=====X=====___-------
i/ (~Q~L!~~ , ~J " ~~Qi%~~J' /ATTORNEY AT LAW
PROFESSIONAL CORPORATION
706 SOUTH MILL STREET, ASPEN, COLORADO 81611
(303) 925-6150 FAX 925-6151
FEB 2 5
February 23, 1994
Aspen/Pitkin County Planning Department
Attn. Tim Malloy
130 S. Galena
Aspen, Colorado 81611
Re: Whip Jones' garage/caretaker unit
Dear Tim:
The executive committee of
reviewed the above application.
the Maroon/Castle Caucus has
The following are our comments.
As you may know, in the past the Committee has generally not
had any problems with caretaker units, provided that the units were
placed in the employee housing "pool" and governed by the standard
employee housing restrictions. Our concern has always been that
the caretaker units indeed turn out to be genuine employee housing
units.
In this case, however, we have some specific concerns. We
note that the garage and caretaker unit are both relatively large.
We also note that the garage appears to be a considerable distance
from the house. In the past, most of the caretaker units we have
seen which are integrated with garages have been in connection with
attached garages. We feel that having the garage close to the
house, or part of it, integrates the unit into the structure, and
lessens the impact therefrom. Here, we are concerned that the
long-range intent for the garage/caretaker unit is to improve the
entire structure into a dwelling unit. In that regard we note that
people typically locate detached garages very close to the
principle residence. Obviously, people don't want to park their
cars, only to end up having to walk a long way to the house. In
this case, the only reason we can fathom for locating the garage
where it is would be the homeowner's expectation that the garage
would eventually become more than just a garage.
If you have any question, please do not hesitate to contact
me.
'ncerely,
Robe A. ranci~
Chairman
RAF/som
o/
Aspen Survey Engineers, Inc.
P.O. Box 2506
Aspen, Colorado 81611
Phone/Fax (303) 925-3816
ANDREW DOREMUS
600 W. FRANCIS ST.
ASPEN, CO. 81611
REFERENCE: LOT 9, ASPEN HIGHLANDS F2
JOB NO. 10045
MARCH 15, 1994
DEAR ANDREW:
AT YOUR REQUEST, I WENT OUT TO W.V.N. JONES RESIDENCE
AT LOT 9, ASPEN HIGHLANDS, FILING NO. 2, IN NOVEMBER, 1993
AND SURVEYED THE RECENT FILL AREA ADJACENT TO LOT 3.
I DETERMINED THAT THIS FILL AREA AS SHOWN ON THE ATTACHED
MAP IS 5.8 FEET ABOVE THE ADJACENT UNDISTURBED GRADE.
WE THRUST THAT THIS WILL MEET WITH YOUR APPROVAL AND THAT
WE MAY BE OF FURTHER SERVICE TO YOU.
SINCERELY YOURS;
DAVID McBRIDE
RI,S--1612 9
,, ..
F,
~,_, ,w
DATE:
PROJECT:
APPLICANT'S REPRESENTATIVE
REPRESENTATIVE'S PHONE: ~,~' y` 6
OWNER'S NAME:
Y
1. Type of Application:
2~ Describe action/tyrbe pf development
3. Areas in which Applicant has been requested to respond, types
of reports requested:
6. The applicant needs to post a sign r each public hearing
pursuant to Section 6-3.4 of the Code. (YE ) (NO)
7. Did you 1 applicant to submit list of AD ENT PROPERTY
OWNERS? (~ (NO) Disclosure of Ownership: YE (NO)
8. Number of copies of the application to be submitted:
9. What deposit was applicant requested to submit: •~~
~~,7 ov
~' dt - lQ'Y1 l u'~15~ D~'%GC ~ Zc7/7 ~ ~ ~NI/lY~l'1 1
~~,y~ N
eview is before: (PEI Only) ( CC Onl (PEI E BOCC)
5. Public Hearing: es (No) At: ( ) OC (BOTH PEZ E BOCC)
35 ~ ~
PITRIN COUNTY
PRE-APPLICATION CONFERENCE SUMMARY
Policy Area/
Referral Acent Comments
10. Anticipated date of submission: ~1^~,3"'Q3
11. COMMENTS/UNIQIIE CONCERNS: To aDDly please submit: 1. Proof
attached agreement to pay form -
preapp_proto
Whipple Van Ness Jones, the owner of Lot 9, Filing No.
2 of the Aspen Highlands Subdivision is requesting permis-
sion to build a caretaker unit as part of a detached garage
which is to be constructed in early 1994. Lot 9 contains
5.47 acres and is zoned R-30. The Jones' residence is shown
as a 10,662 square foot structure in the records of the As-
sessor. The f.a.r. in the R-30 zone district is .13, which
would allow a maximum of 30,975 square feet on the lot, sub-
ject to Special Review for all square footage over 15,000.
The proposed garage will contain a maximum of 1575 square
feet, 750 square feet of which is exempt from the f.a.r.
calculation for the lot. The caretaker unit will contain
a maximum of 700 square feet of net liveable area, as de-
fined by the Aspen/Pitkin County Housing Authority. The
combination of the principal residence, garage and caretaker
floor areas will therefore not exceed the 15,000 square foot
Special Review threshold.
Utility service will be provided through existing under-
ground utilities on Lot 9, while water and sewer services are
proposed as additions to the service to the existing residence.
Although Whip Jones has owned the home on Lot 9 since
1975, he has had no need for a caretaker due to his utiliz-
ation of employees of the Aspen Highlands Skiing Corporation.
The sale of Aspen Highlands to the Hines Interests Limited
Partnership in December of 1993 means that Highlands employ-
ees will no longer be available for routine maintenance and
caretaking duties. In addition, Whip Jones will no longer
have the duty to manage the Aspen Highlands Skiing Corporation
and its associated interests, which will leave him much more
time to travel.
A literal interpretation of the Pitkin County Land Use
Code would require that Whip build the detached garage in
order to create an existing accessory unit before an applic-
ation for a caretaker unit would be appropriate. Based on
conversations with the planning office, it is apparent that
there are concerns with the existing language in the Code,
and that an amendment to the Code is a high probability.
If the Code is not amended, then an interpretation is request-
ed which will give permission to build the caretaker unit if
a garage is constructed. It is the applicant's belief that
a more complete review is possible if the Board of County
Commissioners reviews the caretaker unit application in the
context of the proposed garage, although it is recognized
that a garage could be built without review by the BOCC.
In order to reduce the visual impact of the garage and
caretaker unit, the proposed design allows placement of the
caretaker unit beneath the garage. This configuration sig-
nificantly reduces the height of the garage and works well
with the existing grade on the site. In addition the care-
takers will have direct access to their own private yard area
and to the storage area provided in the crawl space of the
garage. It is anticipated that the caretaker unit will be
highly energy efficient since it will be partially earth
sheltered and will not have the large vertical spaces that
would be associated with the more typical arrangement above
a garage area. The caretaker unit has been designed to the
maximum permissible size in order, hopefully, to attract a
caretaking couple and to provide the best possible living
arrangement which reflects a sensitivity to adjacent prop-
erty. As indicated by the attached conceptual plan, the
caretaker unit has been designed with windows on the south
and west to allow passive solar gain and the entry of natural
light. No windows have been planned for the north side,
which will minimize heat loss and will allow additional pri-
vacy for the adjacent property owner.
The attached survey for the property (Figure 4) shows
that the garage structure conforms to the setbacks in the
R-30 zone district. The height of the garage structure
will not exceed 20 feet at the mid point of the roof or 25
feet at the roof peak. No variances from County regulations
are required or requested as part of this application.
Whip Jones is aware of the recent BOCC conversations
regzrfling use of caretaker units and that there is a potential
for changes in the deed restriction governing use of care-
taker units, particularly in regard to use by guests who are
not family members. In consideration of this concern, Whip
will abide by any deed restriction that will be in place at
the time the unit is ready for occupancy in the Summer of
1994. Although the current deed restriction is somewhat
ambiguos as to use of caretaker units, the only anticipated
use of the caretaker unit is for caretaking purposes. It
is possible that the unit might be occupied by family mem-
bers if the caretaker(s) were not available for an extended
period of time, but this is a use currently allowed by the
deed restriction. In no case will the unit be used for other
than caretakin purp ses.
Thank y o yo r consideration of this request. If
you need ad on 1 i formation, please contact me.
~~r~~cc~ ~a-~3-~3
Andrew Do mus
Figure 1
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FIGURE THREE
CONCEPTUAL PLANS
CONSENT TO REPRESENTATION REGARDING A CARETAKER DWELLING iJNIT
That the undersigned, Whipple Van Ness Jones, being the sole
owner of the property described as Lot 9, Filing No. 2 Aspen
Highlands Subdivision, Aspen, Colorado hereby consents to the
submission to the Aspen/Pitkin County Planning and Zoning
Department, by his representative, Andrew J. Doremus, an
application for a Caretaker Dwelling Unit for the subject property.
Executed this 23rd day of December, 1993.
~~~~--vim
Whipple Van Ness Jo s
Jones\consent.doc
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~TRT ~F ADJACENT PROPERTY OWNERS -- ASPEN HIGHLANDS SUBDIVISION
Tom and Maybelle Payne
325 Glen Eagle Drive
Box 9878
Aspen, CO 81611
q5?ev ~lbNr.nr~as Sit, Lu
(la(~ (M{q~vw~ Gt-ce~c ~d
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John Atkinson
373 Glen Eagle Drive
Aspen, CO 81611
Betty Weiss
435 Glen Eagle Drive
Aspen, CO 81611
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• •
PIIBLIC NOTICE
RE: JONES CARETAKER DWELLING IINIT REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, March 15, 1994 at a regular meeting to begin at 5:00 pm
before the Board of County Commissioners, District Courtroom, 506
East Main Street, Aspen to consider an application submitted by
Whipple Van Ness Jones requesting approval of a 700 square foot
Caretaker Dwelling Unit to be located in a detached garage. The
property is located at 335 Glen Eagle Drive, Lot 9, Filing No. 2,
Aspen Highlands Subdivision. For further information contact
Tim Malloy at the Aspen/Pitkin Planning Office, 920-5095.
JRobert W. Child, Chairman
Board of County Commissioners
Published in The Aspen Times on February il, 1994
Pitkin County Account 00113.
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w' P~'nrm 811, December 1991 nu.s.ofw:tsez DOMESTIC RETURN RECEIPT
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: County Engineer
Housing
Environmental Health Department
Zoning
Maroon/Castle Caucus
Aspen Highlands Water & Sanitation District
FROM: Tim Malloy, Planning Office
RE: Jones Caretaker Dwelling Unit Review
Parcel ID #{2735-142-07-009
DATE: February 7, 1994
Attached for your review and comments is an application submitted by Whipple
Van Ness Jones.
Please return your comments to me no later than February 25.
Thank you.
~..: -...
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAXJf (303) 920-5197
February 7, 1994
Andrew Doremus
600 W. Francis
Aspen, CO 81611
Re: Jones Caretaker Dwelling Unit Review
Case #P180-93
Dear Andrew,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for review at a public hearing by the Board of County
Commissioners on Tuesday, March 15, 1994 at a meeting to begin at 5:00 P.M. Should this
date be inconvenient for you, please contact me within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to the schedule or tabling of the
application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application
is available at the Planning Office.
Please note that it is your responsibility to mail notice to all adjoining landowners at least fifteen
(15) days in advance of the hearing by first-class mail, return receipt requested, and to post the
subject property with a sign within 15 days of the public hearing and to remove it from the
property within one week following the hearing. Please submit proof of mailing and a photo
of the posted sign as proof of compliance with the Code prior to the hearing.
If you have any questions, please call Tim Malloy, the planner assigned to your case, at 920-
5095.
Sincerely,
SuzanCne Wolff
Administrative Assistant
n«~.~~
`w~ Y
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
January 3, 1994
Andrew Doremus
600 W. Francis
Aspen, CO 81611
RE: Jones Caretaker Dwelling Unit Review
Case /iP180-93
Dear Andrew,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is incomplete. Please submit the following items in order
to complete the application.
1. Provide elevation drawings;
2. The building plans are not adequate to verify the square footage of the proposed uses
within the structure.
If you have any questions, please call Tim Malloy, the Planner assigned to this case, at 920-
5095. Thank you.
Sincerely,
SuzSuz~olff
Administrative Assistant
I ---------- ~.:
ASPENIPITKIN PLANNING OFFICE
b ~e s +` ;~_ 5~~~ ~-o~-ob~
(~> e2o-soso
LAND USE APPLICATION FEES
CITY:
-63250-134
-63270-136
X3280-137
-63300-139
-s331o-1ao
-s33zo-1a1
.s333o-150
-63432-157
-63432-157
.00100-0000011070
HISTORIC PRESERVATION:
-63335-151
.63336-152
-63337-153
-63338-154
.63339-155
COUNTY:
-83184128
.63n4127
-63184128
X3194129
-63204130
X3214131
-63224132
-63234133
-63244149
-s3aso-las
-63235-148
REFERRAL FEES:
X3364143
00115 X3340-163
00123 -63340-190
00125 -63340-205
GMPlConceptual
GMPlFinal
SUB/Conceptual
SUB/Final
All-2 Step Applications
All 1 Step Applications
Stag Approval
Zoning Plan Check
Sign Permit
Use Tax for Sign Permits
Exemption
Misr
Major Devel.
Sign'rf. Devel•
Demolftan
GMP/General
GMP/Detailed
GMP~nal
SUg/General
SUB/Detailed
SUB~nal
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering -County
Engineering -City
Housing
Environmental Health
PLANNING OFFICE SALES: County Code
-s3oao-122
-ssooata5 aner copy Feea)
TOTAL