HomeMy WebLinkAboutpitkin.planning.264322110004 (4)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 ID: 2643-221-10-004 DATE RCVD: 12/19/1997 # COPIES: 15 CASE NO P150-97
CASE NAME: Franz CDU Planners ' Lance Clarke
PROJ ADDR: 141 Red Oak Ln (Main 143) Tract 4 White Star Ranch
OWNIAPP: Franz, Mark ADR~ CISIZ:~- PHN:~
REP: Rich Carr ADR:~ C/S/Z;.~~ ~PHN: 925-2867
Email Addr: ALLOCATED HOURS:.
FEES DUE: 245+70+155+11 .FEES RCVD: 245+70+155+110 % OVER: ~-
REFERRALSICounty Attorney, Zoning, Env Health, Housing, Homeowners Assoc
REF: 1/5/1998 BY SH DUE: 2/13/1998
MTG DATE REV BODY PH NOTICED " DATE OF FINAL ACTION: 2/25/1998
2/25/1998 BOCC , No 1/24/1998 BOCC Resa.. 98-21
No BOCC Ord::
REMARKS. PZ:
HRG:OFF:
CLOSED: 3/20/1998 BY: SH HO INDEX:
ADMIN:
PLAT RECORDED~~" PLAT (BK,PG~:~ ADMIN INDEX:
VR APPROVAL DATE; ~~ : VR EXPIRES:
CASE TYP: CDU CASE TYPE:
CASE TYP2: CASE TYPE:.
CASE TYP3:. CASE TYPE'
CASE TYPO: Date Scanned: '. 9/24/09
File LocaUdn: Box 177
RESOLUTION OF THE BOARD OF COUNTY COM11'IISSIONERS OF PTTKIN
COUNTY, COLORADO, GRANTING SPECIAL REVIEW APPROVAL TO THE
FRANZ CARETAKER DWELLING UNIT
Resolution No. 98-~
I. Mark and Lisa Franz, hereafter "Applicants", have applied to the Board of County Commissioners
of Pitkin County, Colorado, hereafter "Board", for special review approval of a detached caretaker
dwelling unit to be located above an existing storage building.
2. Said parcel is located at 143 Red Oak Drive, and is described as Lot 4, amended White Star
Subdivision.
3. The lot is zoned RS-20/PUD and contains 20.741 acres.
4. The Applicant proposes to deed restrict the proposed cazetaker dwelling unit pursuant to Section 3-
150.130(6), Caretaker Dwelling Units, and Section 3-210.10, Special Review, of the Land Use
Code, hereafter "Code".
5. The Board heard this application at a public hearing on February 25, 1998, at which time evidence
and testimony were presented with respect to the application.
6. The Board finds that the application generally complies with the applicable sections of the Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant approval of the
Franz Caretaker Dw lling Unit, subject to the following conditions:
1. The caretaker dwelling unit shall be limited to 700 net livable square feet.
2. The kitchen unit shall contain at least atwo=burner stove with oven, a standard sink, and no less than a 6
cubic foot refrigerator plus freezer.
3. Prior to issuance of a building permit, the applicant shall obtain and the Housing Office shall record a
caretaker dwelling unit deed restriction.
4. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy.
5. Should the Applicant decide to install afireplace/woodstove, a fireplace application must be filed with
the Environmental Health DepaRment.
6. The proposed renovation of the existing wood cabin shall not be such that the cabin can be used as a
dwelling unit.
I II'lll I'lll "I"I III'll "I III'll' II"I III "I'I Ii~l II'I
414907 03/26/1998 11:03R RESOLUTI DRVIS SILVI
1 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO
Resolution No. 98-_
Page 2
7. Aseptic permit shall be obtained from the Environmental Health Department prior to issuance of a
building permit.
8. A letter of intent from the community water district to service the proposed unit shall be submitted prior
to the issuance of building and septic permits.
9. The applicant shall adhere to all material representations made in public hearings and in the application.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 24TH DAY OF
JANUARY, 1997.
APPROVED AND ADOPTED ON THE 25TH DAY OF FEBRUARY, 1998.
VESie.i~ NaTice ~vB~/s~lN~ iN Th'~,9sv'~,U -77~ies oN ~F y^~~i4yaFAPQ/ ~/99~:
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITICIN COUNTY, COLORADO
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h!'Z21 ~fG'~c' ~. /~'a_~ rim:
(_ .Ie ette_ieaes-,~yN~Pe /<'~ .Dey9-itJ Dorothea Farris
Deputy Clerk and Recorder Chair
Date ~-~ ~-`7~
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Cindy Houben,
County Attorney ~ Community Development Director
Case #P150-97
PID #2643-221-10-004
I Illill "III Iliill IIIIII Ili lllllll Ilill III I'II' illl IIII
414907 03/28/1998 11:03R RESOLUTI DRVIS SILVI
2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO
COTTLE GRAYBEAL YAW
architect s
FRANZ CARETAKER APPLICATION
LIST OF ADJACENT PROPERTY OWNERS
Per subdivision & P.U.D. plat there are two adjacent properties to
Tract 3, White Star Ranches.
Tract 3 Homeowner Address:
William Lawrence Beadleston
P.O. Box 88
Woody Creek, CO 81656
Tract 5 Homeowner Address:
John B. Wing Holdings
A Colorado Corp.
1610 Woodstead Court, Suite 220
Woodlands, TX 77380
510 East Hyman Avenue Suite 21 ASPEN, CO 81611 tel 970.925.2867 fax 970.925.3736 e-marl /or a/I offices: ~ ~
PO. Box 3507 107 North Fii Street TELLURIDE, CO 81435 tel 970.728.3037 fax 970.728.3236 c9yarchitects~ r ~ t ~ ~-~~~ ~~~
P.O. Box 6337 37347 U.S. Hwy 6 Suite 200 AVON, CO 81620 tel 970.748.1516 fax 970.748.1518 compuserve.com ~ : ~ /~ ~~ ~ \~\
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DEC-16-199' 14 22 FROM RSPEN/PITKIN COM DEV TO 9-9253736 P.02
Exhi;` ~,A Franz Caretaker Unit
PITICIN COUNTY
PRE-APPLICATION CONFERENCE SUMMARY
DATE: December 16, 1997
PROJECT: Franz Caretaker Dwelling Unit
OWNER: Mark Franz
LOCATION: Tract 4, White Star Ranch
PLANNER: Lance Clazkc 920-5452
APPLICANT'S REPRESENTATIVE: Rich Carr PHONE: 925'-2867
FAX: 925-3736
SUMMARY
1. Type of applicaiion: Approval of detached caretaker dwelling unit.
2. Describe action/type of development being requested: Applicant desires to build a
detached caretaker unit in conjunction with an accessory storage building. The caretaker
dwelling unit requires conformance with all cdu criteria. The property is zoned RS 20-
PUD aad a caretaker unit is limited to 700 square feet. The applicant also wishes to
relocate and renovate an existing old cabin structure on the property. This renovation
must not be such that the cabin can be used as a dwelling unit. The cabin relocarion and
renovation will not require a planning review, but builditg pemuts will be required. The
reconstruction plans must be reviewed by Amy Guthrie, the County's Historic
Preservation Flanner, to determine historical significance of the structure and
appropriateness of the proposed renovation.
3. Areas in which Applicant has been requested to respond, types of reports
requested: For the caretaker unit review please provide application submission
requirements specified in Land Use Code Section 5-50.20. There should be a written
report addressing the criteria and standards of Land Use Code Section 3-150.130 and 3-
210.10. Site utilization maps should include an improvement survey of the property and
dimensioned floor pleas of the house and cabin, the proposed caretaker unit, and the
accessory storage structure which illustrate the size, dimensions, floor area, and location
of the existing house and cabin and proposed new development.
Include the pre-application summary sheet with the application.
4: Refer to: Attorney, Zoning, finvironmental Health,,Housing Office, Homeowners
Association.
DEC-16-1997 1423 FROM RSPENiPITKIN COM DEV TO 9-9253736 P.03
4_ ,. ,s
5. Review is before: One-Step review before.the BOCC.
6. Public Hearing: Xes, at BOCC.
7. Applicant is required to submit list of adjoining landowners for pablic hearing:
Yes; applicant shall provide stamped, addressed, letter-sized envelopes, with the return
address of the Community Development Department, for mailing to all adjacent property
owners . ("Adjoining" includes across the street).
8. Applicant is required to post sign for public hearing: Yes.
9. Disclosure of ownership: Ycs (two copies).
10. 1Vumber of copies of application to be submitted: 15.
10. What deposit was Applicant requested to submit: $580.00 ($245 Planning,
$110 Clerk, $155 Env. Health, $70 Housing ). Include "Agreement to Pay Form".
TOTAL P.03
MEMORANDUM
To: Tamara Pregl, Community Development Department
From: Betsey Kipp, Environmental Health Department ~~L
Date: February 18, 1997
Re: Franz Caretaker Dwelling Unit
Parcel ID #2643-221-10-004
The Aspen/Pitkin Environmental Health Department has reviewed the details of the
application under the authority of the Pitkin County Land Use Code and has the
following comments.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-17 and 3-1104:
"It is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability
for fire protecflon and support of a proposed land use prior to approval of the use. The County shall require land uses to hook up
to existing public systems if service is available."
The Franz property is located in the White Star Ranch Subdivision which has its own
community water supply. The applicant needs to provide a "...letter of intent to service
the proposal..." and confirmation that there is an adequate supply of water for domestic
use as defined in the Pitkin Coun . Code.
A condition of approval for this application is the receipt of the letter
of intent from the community water district. Without meeting this
requirement, a septic permit and building permit cannot be issued.
SEWAGE TREATMENT AND COLLECTION: Sections 2-18 and 3-1105:
"It is the policy of the County to ensure that adequate sewage treatment facilities are available to serve existing and new
developments. Public and private sewage disposal systems and connections to such systems shall comply with the sewage disposal
guidelines of Pitkin County's Individual Sewage Disposal System Regulation."
Lots in the White Star Ranch area are served by individual septic systems. All such
systems installed within Pitkin County require septic permits issued by the
Environmental Health Department; and must comply with Pitkin County's septic
regulations. A septic permit must be issued before a building permit can be approved.
r.~~xa ~~n a~i.d r.pr,
A Registered Professional Engineer must design the domestic wastewater system and
submit the septic application to this department for review and approval. Included in
the application packet must be a percolation test report and profile hole information;
site plan with pertinent physical features; floor plan and the engineer's design.
The design for the barn/caretaker dwelling unit must be sized for a minimum of 2
bedrooms for the caretaker unit plus any additional water fixtures included in the bam.
All minimum horizontal setback requirements for placement of the septic system must
be met which includes distances from buildings, water lines, irrigation ditches and
surface waters, and other septic systems on a property. A leach field must not be placed
in a driveway or area of traffic.
A condition of approval for this application is the receipt and approval of the
septic permit by the Environmental Health Department before a building
permit can be issued.
WATER QUALITY IMPACTS: Sections 2-14 and 3-705 and 3-710:
"It 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 affect 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 result in increased salinization
of water resources, loss of minimum stream flows; further destrucfion of wildlife habitat, or major expenditures to reacquire or
redistribute major water resources. It 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 and wetlands."
The Environmental Health Department will be addressing water quality impacts on
down stream water quality. This application is not expected to impact down stream
water quality if the minimum horizontal distances between components of the system
and physical features are in accordance with the Pitkin County Sewage Regulations.
The Environmental Health Department is charged with preserving and protecting the
quality of Pitkin County's water resources. Since a large percentage of the population is
dependent upon water from wells, elimination of groundwater pollution, and
protection of aquifers and their drainage areas are of utmost importance. Roofs and
asphalt areas can be nonpoint sources of water discharge which can contaminate water
supplies. This Department recommends that nonpoint sources of discharge be retained
on the property of origin which can be accomplished through landscaping, drainage
patterns, detention ponds, and dry wells for water runoff from buildings.
The County Engineer reviews all drainage and paving plans.
AIR QUALITY: Sections 2-13 and 3-602:
r,m~a ~,~, ree~yaea rape. 2
"Only that development is permitted which will not conMbute significantly to degradation of air quality in Pitkin County.
Developments may not constitute an indirect or direct air pollution source under Federal, State or County regulattons."
This project is not expected to contribute significantly to degradation of air quality in
Pitkin County.
FIREPLACE
The applicant must file afireplace/woodstove permit with the Environmental Health
Department before the building permit will be issued if any such devices are going to be
used. The less densely populated parts of Pitkin County like this site may have two
devices per building: a maximum of one wood burning fireplace and a second device
which can be either a gas log fireplace or a certified woodstove. In addition, unlimited
numbers of decorative gas appliances are allowed. Coal may not be burned in any
device. No wood burning device may be installed in barns or agricultural buildings.
As submitted, the plans do not indicate the use of any fireplace devices. If this changes,
the applicant must file an application.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-7: °ft
is the policy of the County to ensure that no use or development of land is permitted which is in violafion 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.
rd~cee ~~ n~yd~e rarer
COTTLE GRAYBEAL YAW
architects
December 17, 1997
Mr. Lance Clark
County Deputy Director
130 S. Galena Street
Aspen, CO 81611
RE: Caretaker Unit Application
Mr. and Mrs. Mark Franz
Lot 4, amended White Star Subdivison and P.U.D.
Dear Lance,
Per our pre-application meeting on December 10, I am submitting on behalf of
Mr. and Mrs. Franz an application in accordance with the provisions of 3-150.130
Caretaker Dwellin Units; Sections 4-40, 4-SQ, 5-50 and 3-210 Review.
Also, enclosed please find a letter from Mr. and Mrs. Mark Franz denoting Cottle
Graybeal Yaw Architects as authorized representatives for regulatory submission
required of the project.
Per the General Application requirements, the following:
Applicant Background Information
Mr. and Mrs. Mark Franz
c/o Cottle Graybeal Yaw Architects
510 East Hyman, Suite 21
Aspen, CO 81611
(970)925-2867
Property Description
Lot 4
Amended White Star Subdivision and P.U.D.
Please call if you have any questions whatsoever. Thank you.
a~ ~ C~
Larry Ya AIA ich Carr ~ ~-~---~----
Page 1 of 5 -^""+~'-~~~~~i~~
-~
510 East Hyman Avenue Suite 21 ~ _ RHN, CO 81611 tel 970.925.2867 fax 970.925.3736 emal for ~l olficesr ,~'~ "
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P.O. Box 3507 107 North Fir Street 9B4LWRIDE, W 81435 tel 970.728.3037 fax 970.728.3236 cgyarchi[ects® I -~~ _
PO. Box 6337 37347 ILS. Hwy. 6 Suite 200 'AVON, CO 81620 tel 970.748.1516 fax 970.748.1518 compuserve.com r ~ '' ~ ~ ~'~
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B. LAND USE STANDARDS-CARETAKER DWELLING UNITS (SEC. 3-150.130):
Under the provisions of Sec. 3-150.130.B, the Board may permit Caretaker Dwelling Units up to
seven hundred (700) square feet on any size lot in the AFR-10 zone. Such units may be located
attached to or within the principal residence, within a properly approved outbuilding, or detached
from the principal residence. All such units may be approved under the following conditions and
limitations:
1. The total floor area of the principal and caretaker unit shall not exceed the
allowable FAR of the applicable zone district.
The total square footage of the principal residence and the proposed caretaker unit will
be in compliance with the floor area limitation in effect at the time of building permit
issuance.
2. There shall be provided one (1) 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.
One off-street parking space per bedroom for the free market residence as well as one
space for the caretaker unit currently exists and/or will be provided with the caretaker
unit and will be maintained on the parcel at all times (see site plan).
3. The applicant shall by deed restriction or other permanent commitment
running with the land, guarantee Zhat the caretaker unit shall not be required to be
rented; 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 bef 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 (ti) months if rented. The caretaker
dwelling may be occupied by members of the immediate family even though they may
not qualify as employees 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.
A deed restriction will be submitted prior to the issuance of a Certificate of Occupancy
in compliance with the above criteria. Although not currently scheduled, it is anticipated
that in the future, the existing "main house" may require remodeling. During the
construction period, the Franz family may wish to be temporarily housed in the caretaker
unit while staying in the Aspen area. We, therefore, require permission to do so and will
comply with any regulatory provisions in effect at that time.
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 is
removed or modifted. Ifmodified, the remaining improvements must no longer be
capable of occupancy as a Dwelling Unit and must meet otherwise applicable Code
requirements.
The above criteria will be incorporated into the deed restriction for the unit.
C. PROCEDURES FOR ONE-STEP REVIEWS (SEC. 4-50):
1. General (Sec. 4-50.10):
The development application listed below for which approval is being requested is
Page 2 of 5
subject to the one-step review procedures described in Sec. 4-50 of the Code:
a. Caretaker Dwelling Units (refer to Sec. 5-50 for submission contents and
Section 3-150.130 for review standards). (Sec. 4-50.10.7)
2. Procedure (Sec. 4-50.20):
The following steps in the land use review process for one-step reviews as described in Sec. 4-
50.20 are addressed as part of this application:
a. Pre-Application Conference (Sec. 4-50.20.A):
Prior to the formal submission of an application, it is required that an applicant
confer with the Planning Office staff in apre-application conference to obtain
information and guidance....
The applicant has conferred with the Planning Office staff in apre-application
conference on December 10, 1997. The pre-application summary prepared by the
Planning Office is attached as Exhibit A. Also, please find enclosed a letter from Mr.
Mazk Franz denoting Cottle Graybeal Yaw Architects as authorized representatives for
regulatory submission required of the project.
b. Submission of Application and Fees (Sec. 4-50.20.B):
A development application shall be submitted in the standard form as specified by the
staff and shall contain the submission contents identified by the staff in the pre-
application conference pursuant to Article 5 of the Code. The development
application shall be accompanied 6y a fee, as established by the Board.
The development application is being submitted in the form as specified by the staff and
contains the submission contents identified by the staff in the pre-application conference.
The development application is accompanied by the filing fee established by the Board.
c. Vested Property Rights (Sec. 4-50.20.H):
Following receipt of a development permit an applicant may request the Planning
Office to initiate procedures for vesting property rights pursuant to Section 4-140.
The applicant is requesting that following approval of a development permit that the
Planning Office initiate procedures for vesting property rights pursuant to Section 4-140.
D. SUBMISSION CONTENTS-GROUP DEVELOPMENT APPLICATIONS (SEC. 5-50):
1. General (Sec. 5-50.20.A)
Sec. 5-50 of the Code establishes the required submission contents for Group I development
applications. Group I development applications include the following use for which the
applicant is seeking approval:
a. ... Caretaker Dwelling Units (refer to Sec. 4-50 for procedures and Sec.... 3-
150.130 for review standards). (Sec. 5-SO.IO.G)
2. Application Contents (Sec. 5-50.20):
Development applications for activities categorized in Group I such as Caretaker Dwelling Units
shall include the minimum submission contents for all land development applications, addressed
below, and a written report demonstrating that the application complies with the applicable
review standards identified in Sec. 3-150.130 (see page 3):
Page 3 of 5
a,
a. Genera[ (Sec. 5-50.20.A):
All development applications shall include, at a minimum, the information and
materials specifted in Sec. 5-50.20 of the Code. During the pre-application
conference, the Planning Office staff may authorize modifications to the required
submission contents.
The application addresses all requirements of the Code applicable to the use proposed.
b. Applicant's Background Information (Sec. 5-50.20.B):
A letter signed by the applicant containing the applicant's name, address and
telephone number, or ifapplicab[e, the name, address and telephone number of the
representative authorized to act on behalf of the applicant.
Applicant is submitting application for Caretaker Unit on behalf of Mr. and Mrs. Mark
Franz. The authorizing document is attached as Exhibit B.
c. Parcel Description (Sec. 5-50.20.C):
The street address, and current legal description of the parcel on which the
development is proposed to occur and a 81/2"x 11 "vicinity map locating the subject
property within Pitkin County.
The street address of the parcel is 143 Red Oak Drive, Pitkin County. The legal
description of the parcel is Lot 4, amended White Star Subdivision and P.U.P. A vicinity
map locating the subject property is included as Exhibit C.
d. Disclosure and Proaf of Ownership (Sec. 5-50.20.D):
A disclosure of ownership of the parcel on which the development is proposed to
occur, consisting of a current certificate from a title insurance company or attorney
licensed to practice law in the State of Colorado, listing the names of all owners of the
property and a[I mortgages, judgments, liens, easements, contracts and agreements
affecting use and development of the parcel and proof of the owner's right to use the
land for the purposes identified in the development application. This shall normally
require proof of complete ownership or written consent from al[ owners. The staff
may also request the applicant to supply a title history for the subject property and
contiguous property demonstrating the chain of title.
A copy of the title policy setting forth the owners of the property is included as Exhibit D
e. Legal Access (Sec. 5-50.20.E):
Sufficient information to demonstrate that the applicant has adequate legal access to
the parcel for the development proposal
Access to the parcel is by roadway from the McLain's Flats road, proceeding through the
White Star Subdivision and directly to parcel 4 on Red Oak Drive. All roadway access
has been previously approved by Pitkin County via the subdivision process.
f. Standards Report (Sec. 5-50.20.F):
A written report demonstrating that the proposed development complies with the
applicable substantive review standards.
The review standards of Sec. 3-150.130 which are applicable to Caretaker Dwelling
Units are addressed beginning on page 3.
g. Pre-Application Conference Summary Sheet (Sec. 5-50.20.G):
A copy of the pre-application conference summary sheet provided to the applicant at
the pre-application conference.
Page 4 of 5
~.
_. y
A copy of the pre-application conference summary sheet provided to the applicant
following the pre-application conference is attached as Exhibit A.
h. Site Utilization Maps (Sec. 5-50.20.H):
Twenty four 24"x36" and two 81/2 "x11 "site utilization maps specifeed by the staff
during the pre-application conference. During the pre-application conference, the
Planning Office may authorize an applicant to consolidate or delete specific maps
which may not be applicable to a particular development proposal. The 24 "x36" site
utilization maps must be folded to fit within a legal sized folder with the name of the
application visible. Rolled site plans will noZ be accepted.
Staff has requested fifteen (15) copies of the relevant Final Plat drawing and these are
being provided along with 12 copies of a reduced drawing of the lot is also included as
Exhibit E to the application.
i. Copies of Application (Sec. 5-50.20.1):
Twenty four (24) application copies.
Fifteen (15) copies of the application are being submitted, as requested by the Planning
Office.
ly\kt\franz\care[akr.wpd
Page 5 of 5
Dec-17-97 10:07P Frantz
Dec-17-97 04:22P CGY Architects
713 464-8826
a„?0-544-9382
P_02
P.02
Exhibit B Franz C~retakPr !1~it
December 17, 1997
Mr. and Mts. Mazk Franz
3 Our Place Lanc
Houston, TX 77024
Mr. Lance Clark
County Deputy Planning Director
130 South Galena Srceet
Aspen, CO 8[613
RE: Caretaker Unit Application
Lot 4, Amrnded White Star Subdivision and P.U.D.
Pitkin County, Colorado
Dear Mc Clark,
We have retained the architectural firm of Cottle Graybea! Yaw to design a
cuetaker/storage structuro to be constructed, following the completion oC
necessary regulatory approvals.
This letter will authoriu Mr. Rich Carr, Mr. Larry Yaw, and other designated
employees of the firm to act on our behalf with tespect to regulatory submissions,
approvals, meetings, etc.
If you have any questions whatsoever, please call the at (713)463-9808. Thank
you.
very truly yours,
~.~~~ ~
Mark A. Fro Lisa S. Franz
~~:..
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12/12/1997 12:22 71378d6681
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B9-i1-97 16:39
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FRANIZ
1Z/12/177/ lY: ZZ /13 /i34bbG1 FRANTZ YA($, t1Z
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,, .. Ehi.rBIT D: FRANTZ RESIDENCE
YOUR LAND TITLE GUARANTEE CO*RPA.NY CONTACTS
September 04, 1997
Buyer/Borrower:
Seller/Owner:
Our Order NO.: Q371832
MARK A. FRANTZ and LISA SWALA FRANTZ, as Joint
Tenants
ARMANDO CAMPIONI
Property Addzeae:
143 RED OAK DR., ASPEN, CO
If you have any inquiries or require Further assistance, please
contact one of the numbers listed below:
For Closing Assistance
ELIZABETH J. AXTHR7.M
533 E. HOPKIN9 M102
ASPEN, CO 81611
Phone: 970 925-1678
Fax: 970 925-6243
For Title Aasietaace:
DARIN AKTHELM
S33 E. HOPKINS #F102
A9PFN, CO 81611
Phone: 970 925-1678
Fax:• 970 925-6243
,_
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wwwrarrar.wa-taaarrww*•rtwarawwrrrs'.~rsaarrrrarf*r*sirarrsasasrasar•
NOTE: •ONCE AN ORZGZNAL COMMITMENT HA3 BEEN ISSUED, ANY SUBSEQUENT
CHANGES WILL BE EMPHASIZED BY UNDERLINING.
wawwf of sia~aawaaaaf aaaaawaaaaaaaawawafaw•awwa4a aw+taaaaf wwawwf waa!•
THANK YOU FOR YOUR ORDER!
i
Z 'd L301'aN 31v1S3 1~l3N N3dSY WdIE~4 lSEt •i •aeS t
12/12/1997 12:'_'_ 7137646661 FRANTZ PAGE 03
°- -~
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A L T A C O M M I T M E N T
SCHEDULE A
-0ur Order # Q371832
For Information Only
143 RED OAK DR., ~
ASPEN, CO
- Charges - .
ALTA Owner Policy 52,601.00 (REISSUE RATE)
Tax Certificate 510.00
- - TOTAL - - $2,611.00 .
•*+ THIS IS NOT AN INVOICE, BUT AN ESTIMATE OF FEES. WHEN REFfiRRZNO
TO THI9 ORDER, PLEASE REFERENCE OVR ORDER NO. Q371832 •••
1. Effective Date: August 26, 1997 at 5:00 P.M.
z. Policy to be issued, and proposed Insured;
"ALTA" Owner's Policy 10-17-92
Proposed Insured:
MARK A. FRANTZ and LISA SWALA FRANTZ, as Joint Tenants
3. The estate or interest in the land described or referred to in
this Commitment and covered herein ie;
A Fee Simple
4. title to the estate or interest covered herein ie at the
effective date hereof vested in;
ARMANDO CAMPIONZ
5. The land referred to in this Commitment is described as
followsc
PARCEL A:
TRACT 4, AMENDED WHITE STAR RANCHES SUBDIVISION AND P.U.D.,
ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 22, 1988 IN
PLAT BOOK 20 AT PAGE 65 AS RECEPTION N0. 297661.
PARCEL B:
PAGE 1
0 'd L60d'oP! 3ials3 iy3a ro3ds~ IYdl6~t r6fi! '4 'oaS
12/12/1997 12:22 7137846681 FRANTZ PWGE 04
._
A L T A
C O M M I T M E N T
SCHEDULE S-1
(Requirements) Our Order # Q3~1832
The following are the requirements co be complied with:
1. Payment to or for the account of the grantors or mortgagors of
the lull consideration for the estate or interest to be
insured.
2. Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record, to-wit:
3. WARRANTY DBED FROM ARMANDO CAMYIONI TO MARK A. FRANTZ arifl LIRA BWALA
FRANTZ, as JOirit 7enante CONVEYING SUBJECT PROPERTY.
.:a
NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES
THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING ZN THE
CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT
LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT
LEAST ONE-HALF OF AN INCH. THE CLERK AND RECORDER MAY
REFVSE 70 RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM,
EXCEPT THAT, THE REQVIREM£NT FOR THE TOP MARGIN SHALL NOT
APPLY TO DOCUMSNTS~USZNG FORMS ON WHICHSPACE ZS PROVIDED
FORRECORDZNG OR FILING INFORMATION AT SHE TOP MARGIN OF THE
DOCUMENT.
aaa
r,
PAGE 3
9 ,~ ioOd~~N 3i~iS3 1v3~ N3dS'! Wds>.;q 1661 'r ~das
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting -February 25, 1998 j~
THRU: Cindy Houben, Community Development DirectorLi~~~~~ K/
FROM: Tamara Pregl, Planner
RE: Franz Caretaker Dwelling Unit Review
APPLICANT(; Mark and Lisa Franz
REPRESENTATIVE: Rich Carr
LOCATION: 143 Red Oak Drive; Lot 4, Amended White Star Subdivision and PUD
ZONING: RS 20-PUD
LOT SIZE: The site contains approximately 20.741 acres.
SUMMARY OF REQUEST: The applicant is requesting approval to construct a detached caretaker
dwelling unit to be located above an existing storage building at the southeast end of the property.
PROCEDURE/PROCESS: Approval of detached caretaker unit is a one-step review before the Board
of County Commissioners.
PROJECT DESCRIPTION: The site contains an existing single family home, an old cabin structure
and a storage building. The cabin and storage building are currently located within the required 50 foot
side yard setback of the property. As illustrated on the site plan and partial site plan, these two buildings
will be relocated outside of all required setbacks. Anew driveway up to the storage building is proposed
along the southern edge of the property line. The cabin and storage building are to be connected by a
pathway. The cabin is proposed to be renovated, however, the renovation shall not be such that the cabin
can be used as a dwelling unit. The detached caretaker unit will be constructed in conjunction with the
storage building. The Applicant has identified the storage building as a barn on the partial site plan.
However, as defined by the Pitkin County Land Use Code, the proposed "barn" structure is not a barn
since no agricultural uses have been identified in this structure.
REFERRAL COMMENTS: The following agencies have been referred on this case.
I . County Attorney*
2. Zoning
3. County Engineer*
4. Environmental Health (no written comments have been submitted)
5. Housing Office
6. Homeowners Association
*Comments not received
Memorandum - Frartb _,,aretaker Dwelling Unit
February 25, 1998
Zoning: It appears that the accessory structure and the proposed driveway will encroach into the 50 foot
side yard setback. Grading greater then 30 inches in height above or below the natural grade, will not be
permitted unless a variance is granted by the Pitkin County Board of Adjustment. Sufficient information
has not been submitted in order to determine compliance with County height regulations. Drawings are
to be used for illustrative purposes only and are not to be relied upon for compliance with County zoning
regulations.
Comments from the agencies listed above are referred to as necessary in the appropriate sections of this
memo. Referral comments have been attached to this memorandum for your reference.
ANALYSIS OF PROPOSAL:
CARETAKER DWELLING UNIT
The following is a review and analysis of the proposal relative to the applicable standards of Section 3-
150.130(C) of the Land Use Code. The Board may permit one Caretaker Dwelling Unit not to exceed
700 square feet, to be located within a properly approved outbuilding on any lot in the RS-20 zone
district under the following conditions and limitations:
1. The total floor area of the principal and caretaker unit shall not exceed the allowable FAR of the
applicable zone district.
Staff Comment: The allowable FAR for the RS-20/PUD zone districts is 15,000 square feet of
residential floor area. Joanna Schaffner, the Zoning Officer, has noted that agricultural structures are
exempt from floor area calculations because the parcel exceeds 20 acres. However, the proposed "Barn"
structure is not a barn as defined by the Pitkin County Land Use Code. No agricultural uses are
identified in this structure. However, the structure can still be approved as an accessory structure, but the
floor area will be included in the 15,000 square foot residential floor area calculations. The proposed
caretaker dwelling unit shall not exceed 700 square feet of net livable space. Ms. Schaffner has indicated
that the proposed caretaker dwelling unit exceeds the 700 square feet when the units' lower level entry,
mud and mechanical rooms are included.
2. There shall be provided one off-street parking space for each bedroom within the principal unit and
one off-street parking space for each bedroom in the caretaker unit.
Staff Comment: The applicant has represented that there is one off-street parking space per bedroom
for the principal residence and that one space for the caretaker unit currently exist and will. be maintained
on the parcel at al] times.
3. The applicant shall deed restrict the unit to comply with the caretaker unit deed restriction pursuant
to Section 3-150.130(C)(3) of the Land Use Code.
Staff Comment: The applicant agrees to deed restrict the caretaker unit in accordance with County
regulations. The Applicant has noted that it is anticipated that in the future the principal unit may be
remodeled. During the construction period of the principal dwelling unit, the Applicant has requested
that the family be temporarily housed in the caretaker dwelling unit while staying in the Aspen area.
Deed restriction of the caretaker dwelling unit does not allow this, and this approval does not include
such usage of the caretaker unit.
Memorandum - Fran, .,aretaker Dwelling Unit
February 25, 1998
4. The dwelling unit deed restriction may only be removed upon approval by the Board of County
Commissioners.
Staff Comment: The applicant agrees to comply.
SPECIAL REVIEW
A caretaker dwelling unit is listed as a special review use in the RS-20/PUD zone district, and therefore
must comply with the special review standards in Section 3-210 of the Land Use Code. These standards
require that:
1. The use is consistent with applicable master plans, County Land Use policies, the intent of the zone
district, and the character of the surrounding area.
Staff Commeut: The use is consistent with County Land Use policies, the intent of the zone district,
and the chazacter of the surrounding area.
2. The location, size, design and operating characteristics of the use are in harmony with the
surrounding area and minimize adverse effects.
Staff Comment: The proposed caretaker unit will be located above an existing storage building/barn on
the southeastern end of the property. Since the proposed caretaker unit will be located on the top portion
of the storage building, the design of the proposed caretaker dwelling unit will be consistent with the
architecture of the storage building.
3. Adequate public facilities and services are available.
Staff Comment: The Applicant has represented that the septic system For the caretaker unit will be part
of a new septic system for the proposed cabin renovation. Prior to the issuance of a building permit,
approval of the septic permit must be granted by the Environmental Health Department. The septic
system shall be designed by an Engineer. The Applicant has also indicated that they aze proposing to
tap into the domestic water system that services the principal house. No new well is proposed to be
installed for the caretaker unit. A letter of intent from the community water district to service the
caretaker dwelling unit shall be submitted to the Environmental Health Department, prior to the issuance
of a building permit.
RECOMMENDATION: Staff recommends that the BOCC pass a motion approving the Franz
Cazetaker Dwelling Unit, subject to the conditions in the attached resolution.
ATTACHMENTS:
A. Resolution
B. Vicinity Map
C. Referral Letters: Housing Office, Zoning, White Star Ranches Homeowners Association, White
Horse Springs Water and Sanitation District, KNCBMoore,
D. Partial Site Plan, Exterior and Interior Schematic Plans
X
M E M O R A N D U M
T0: Tamara Pregl, Planning
FROM: Joanna S. Schaffner, Zoning
DATE: February 16, 1998
RE: Franz Caretaker Dwelling Unit
Parcel ID# 2643-221-10-004
I have reviewed the above referenced application and offer the
following comments.
ZONE: RS-20, twenty acre minimum lot size
This parcel contains 20.741 acres and is conforming in size.
SETBACKS: The required setbacks for this parcel are:
100 foot front yard setback
50 foot side yard setback
50 foot rear yard setback
The current location of the historic cabin is within the required
50 foot setback. The proposed relocation of the historic cabin
and the proposed accessory structure are located outside of all
required setbacks.
It appears that regrading necessary for the accessory structure
and the proposed driveway will encroach into the 50 foot side yard
setback. Regrading greater than 30 inches in height above or
below the natural grade, will not be permitted unless variances
are granted by the Pitkin County Board of Adjustment. Variances
can only be granted in the case of a demonstrated hardship
pursuant to Section 7-10.30 of the Land Use Code.
FLOOR AREA: This parcel is allowed 15,000 square feet of
residential floor area. Agricultural structures are exempt from
floor area calculations because the parcel exceeds 20 acres.
Please note that the proposed "Barn" structure is not a barn as
defined by the Pitkin County Land Use Code. No agricultural uses
are identified in this structure. The structure can still be
approved as an accessory structure, but the floor area will be
included in the 15,000 square foot residential floor area
calculation.
The proposed caretaker dwelling unit cannot exceed 700 square feet
of net livable. It appears that the proposed unit exceeds this
amount when the units lower level entry, mud and mechanical rooms
are included.
HEIGHT: Sufficient information has not been submitted to
determine compliance with County height regulations.
OTHER: Drawings are to used for illustrative purposes only and
are not to be relied upon for compliance with County zoning
regulations.
Deed Restrictions for caretaker units are required prior to
issuance of a building permit and not prior to Certificate of
Occupancy.
Feb-02-98 05: 17P CGY Architects 970-544-9382 P_02
PSiONE N0. : Jan, 13 1998 95:fl1Pt1 P1
FP.Otr hKaRlttA PEAGLESTC
.ia1~-ie-v6 U3:u, l.L (~Y Areh itQCts -:..._:.J-544-9382 v.02
CCYTTLE GRAYBEAL YAW
-':L. .r rc ni:trl~
]aauaty 12, 1998
White StarRaaehes Homwtmera Assn.
c/o Marini Seadlestan
Whits Star Rancho Lot 3
Pitkin County. Colorado
V1A FAX # 92Q-1547
Re: Hoareowners Approval of Fram Detached Caretaker Dwelling Unit
Dray Marina,
As we discussed, I am writing to record rho outcovx of our ttreeting Friday morning regarding
the Franz Caretaker 1 Ham-
p is otu tuaderstattdirig than you approve oC the proposed Caretaker /Ham given that you are
satisfied in the hollowing two areas prior to its ootsstruction:
1. Yoa get the oppottaniry to have final approval ofthe wlora of the roof and siding as
well as the reflxtivify oCthe meal roof. You were wtnfonabte with ttie
deectiption oCthe colon stated in my letter W you dated 119(99 (hand detivercd to
you [act Friday}.
2. The Rani' agx to plant a clmtet of evergreens at the torn of the proposed access
drive by the fetice lice to screen the •~sx of vehicles and their headiiglus.
Aaatttnirtg tlx shout is ecctmte, please have the appropaiau Homcowntra Alan.
rcptesattadve(s} sign below attd rerun to w vfa fax (~ 715.3736). Should you have any
ranctvrx, eommmo or questions, tb not hesitate to wntact me. '[hank yon for year tithe and
attention in this matter
fq ' ~1
Rt
Approval of Frrmt Detached Caretaker Dwelling Unit:
! i-
ate _~
hire Star Rancho ggneatrme[a~ Representative --
a+a saV Kfea'~ •w•^w aw, n MPalV. W a,e,. W Ppazs,ssr r, moets.Ft6 s~wawao:. ,~ ;,~-.....
P.6 !Or a5C' ,0' r~p,.r. s.'-~r mrw~OL e7 Ya35 Af 7+e.Tte 3~]' ra a:u.i26'lr99 cPfenm«<a~ / ~~-~ \
eq. sea bra' tr~lT J!. `M 6 9r MO AVOS. CC1 at61t d 9raTY 1816 Tr 9~O.T~a,~*a „ysplrw.vn ~ r....n\ \.
`~\ 1\.'J1 i 1
chard A. Carr
Feb-02-98 O5: 17P CGY Architects
FROM
FIGPlhaa SEAD~EOTf'-
3attuary 20, ]996
970-544-9382 P.O3
P~-(ONE N0. San. 3L3 1998 L35=55P1'I Pl
.x
r'. 03
CCJTTLE GRAY SEAL YAW
White Stu Ranches Homeowners Assrt
do Ma:iaa Seadtaton
whin Stu stanches Lot 3
Pitkirt County, Colorado
VIA FAX It 920• I S47
Re: Approval of screening at proposed access drive
Qear Marina,
J am wr[tlgg to formaGae your approtal of a 5CtlCLng pkn for the proposed access drive to the
Franz aretakw/ bin Aa.vs disnrsxd the plan (plrax refer to the attached Exhibit A)
includes at a mirdmum the uss of three (3) new evergreens trees nagittg t3+om 6 to I2 feet in
height to screen the view ofvehicles sad their headlights at the curve in the accen road n it
approaches the fence litre, The exact location of these trees wID be determined in the Recd Doti
the aecass drive location Es feta6zed.
Assuming the attttrJted plan ($ltbtbit A) mats your ~ptoval• Please have the appropriate
Hotneowoaa Assn. representative(s) sign bdew and tettutt to ns via fur (M925-2736). Should
you have any concerns, eorpments or questions da not hesitate to catcher rne. Thanlts again for
yaty time and attention in this minter.
Sitmerdy,
Richud AX, C-air
• t~~~
"'~"'^~ ~
Apprtwd a£axess drive sapping pkn:
~ ~,~g
~' e~~ RsKhes Homeov+n`en Assn. Rspreuuativa
a: Mark Fratth
S 3o q ~
Date
1,^ fx, r.,rn,. r w Sw ~ ~ VMi+. [c e.s ~ i :w ,)`~ 9ts taer ~.~ D~0..'~ 5'% antr .'aD1~9 W.-a+r+csrv~.ca!
=0.Om 310` iC~v.Ci•3.re,LWlol~b'<'. ~~YT7'11xG,I~3.0 T23.'136 rnry, '(~1T.'f(~wKrvma,°d'~T ~.v,
"~
1
(~ ~~`(~
WHITE HORSE SPRINGS WATER AND SANITATION DISTRICT
Post Office Box 808. Aspen, Colorado 81612
Feb. 6, 1998
~~~~#~~~
FEB 0 9 1998
COMMUNIri GEV ELOPMENT
Aspen/Pitkin C.D.D.
130 S Galena
Aspen 81611
Thank you for sending the WHS Board of Dire,Etars the.
notices on the hearings in regard to the Franz careta r
unit and on the Garfield Overlay/Ridgeline
We will review these notices and forward any comments
the WHS District Board may have.
The WHS Ranch Lots & Tracts does not have a Homeowners
Association and the WHS Board stands-in for one on a
for information only status.
Many thanks for putting the WHS Board on your Department's
Rreferral list.
Ken Moore, Chair
for the WHS Board
Y O6W
KNCBMoore
box 690 •2053 mclain flats road • aspen, Colorado 81612 • 303/925-3073
RECEIVED
Feb. 12, 1998
FEB 1 3 1998
Suzanne Wolf ASFEN/r'17KIN
Aspen/Pitkin C.D.D. COMMUNITVDEVELCPMEN7
130 S Galena
Aspen 81611
RE: Garfield Overlay/Ridgeine Review
Franz Caretaker Dwelling Unit
Dear Suzanne,
Following up my letter of 2/6/98 to your Department,
I brought the above two applications to the attention
of the WHS Board of Directors for information purposes
only. Each Director is expected to comment or not to
comment on these applications as individuals, not as
part of the WHS District business.
I will pass these applications on to WHS Directors
Carol Dopkin and Ernie Spaccarelli who were not present
at the WHS Board meeting on Feb. 11th.
My personal comments are:
Garfield Case- I can clearly see the range poles from
the bottom of my driveway at 2053 McLain Flats Road.
I suggest that the field investigators observe the
range poles from this location to see if they conform
to the Overlay/Ridgeline standards and citeria.
Franz Caretaker- I approve of caretaker units and hope
that the C.D.D. encourages and promotes these units
where they are appropriate.
Sincerely
Ken Moore
enclosures: letter 2/6/98
C.D.D. Public Notice Garfield
C.D.D. Memo - Franz
copies: Mead Metcalf
Carol Dopkin
Ernie Spaccarelli
~ a
County of Pitkin } AFFIDAVIT OF NOTICE BY
} ss. POSTING OF A PUBLIC HEARING
State of Colorado } FOR A PITKIN COUNTY
DEVELOPMENT PER1VlIT
The undersigned, being first duly sworn, deposes and says as follows
I, ~ ~~~ ~- ,being or representing an Applicant for a Pitkin
County Development Permit, personally certify that the attached photograph fairly and accurately
represents the sign posted as notice of the public hearing on this matter in a conspicuous place on
the subject property (as it could be seen from the nearest public way) and that the sign was posted
and visible continuously from the ~~ day of~~ , 19~~' to the ~' day of ~~,
l~ (Must be posted for at least 15 days before the public heazing).
Applicant's Signature
Subscribed and sworn to before me thist~lddy of
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: __
Notary li s Signature
~~ ~Y 2Z/~ ~ ~,~
Address QI ~Z I
nESIGNwoRI<sHOP, Inc. Trans,e,ittal
Landscape Architecture Date December 18, 1997
Land Planning
Urban Design To Lance Clark
Tourism Planning Pitkin County
Community Development
From Bruce Hazzard, Principal
120 East Main
Aspen, Colorado Number of
81f3t1 Pages n/a
Telephone
970-925-8354
Subject Dickson/ beavers
Facsimile
970-920-1387
The following items
are transmitted: Remarks
Lance: Attached are the 25 copies requested, along with the required
information from the Pre-application conference with Suzanne Richman
Herewith
from our office for the Dickson/ beavers PUD, lot 1 Major Plat
^ Separate cover Amendment. Please review the attached documents and let me know of
any lacking portions of the submission, or if complete, when the 1st PZ
L~1 As requested meeting is set for. Thanks. Happy Holidays.
'~f Far review
^ For files
^ For approval
^ For information
By: Bruce Hazzard
Principal
DESIGNWORKSHOP
PUBLIC NOTICE
RE: FRANZ CARETAKER DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
February 25, 1998 at a regular meeting to begin at 3:00 PM before the Board of County
Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to consider an
application submitted by Mark Franz requesting approval to construct a detached
caretaker dwelling unit in conjunction with an accessory storage building. The property
is located at 143 Red Oak Drive, and is described as Lot 4, amended White Staz
Subdivision and PUD. For further information contact Tamaza Pregl at the Aspen/Pitkin
Community Development Department (970) 920-5103. Copies of the proposed
Resolution aze available for public inspection during regulaz business hours in the Office
of the Clerk and Recorder, 5~0 East Main Street, Aspen, Colorado 81611. Phone (970)
920-5180.
Jeanette Jones, Deputy County Clerk
~/Dorothea Farris Chair
Board of County Commissioners
Published in the Aspen Times on January 24, 1998
Pitkin County Account 00113
3
9
CERTIFICATE OF MAILING
RE: Franz Caretaker Dwelling Unit
I hereby certify that on this 26th day of January, 1998, a true and correct copy of the
attached Notice of Public Hearing was deposited in the United States mail, first-class postage
prepaid, to the adjacent property owners as indicated on the attached list of adjacent property
owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the
case named on the Public Notice.
By: Sharon Hirman
Administrative Assistant
Feb-02-98 05: 17P CGY Architects
970-544-9382 P_O1
COTTLE GRAYBP.AI. YAW
:rrcl+i trc 1~
FAX TItANS>vII'FTAL
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JAN 12 '9H 11~06RM RSPEN HOLISIMG OFC
ATTACHMENT D',
A~l~'MORANDUM
TO: Tamara Pregl, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: January 12, 9998
RE: Review for a Caretaker Dwelling Unit / Franz
PancellD No.2643-221-10.004
P.1
ISSUE: The applicant is pmpaaing to construct a caretaker dwelling unit to be located above a
barn.
13ACK6ROUND: Axording tp the Pitkin County land Use, Section 3-150.130 B, "Other
Care'taker' units, the Board may permit one Caretaker Dwelling Unit not to exceed 700 square
feet, to l7e located within a properly approved outbuilding on any lot within the R-30, AFR-10,
AFR-2, R5-20, R5-30 and RS-160 zones. All such units may be approved under the foAawing
conditions and limitations:
1. The total floor area of the principal and caretaker unit shall not exceed the albwable FAR of
the applicable zone district,
2. The applicant shall by deed resUivdon or other permanent commitment running with the
land, guarantee that the caretaker unit shall net be required to be rented; not be
oondominiumized ar add; not be occupied try the owner or spouse; be limited to occupancy
by not more than two (2) atlUlt5, and related cnadren, who quaky as (and nave been found
by the Housing Authority to be) employees of the community under such guldellnes as may
be from time to time eslabRshed by said Authority; be rented for terms not Its than six (B)
months if rented. The caretaker dwelling unit may be occupied by membem of the
immediate family even though they may net quaky as employees of the community.
"Immediate Family" shall mean a perm related by blood or marriage who is a first coush
(or cbser relabYe) and his ar her children.
3. The Caretaker L)welling Unit resbsdion may he removed by the property owner upon
appravai d the Board, subject to the requiement that Me dwelling is removed or modified. ff
mod"dted, the remaining improvements moat no longer be capable of occupancy ae a
dwelling unit and mull meet otherwise applicable Code requirements.
Staff recommends approval as long as the following condltons are met:
the kitchen contains at least atwo-burner sts7ve with oven, standard sink, and at least a B-
cubic fact refrigerator plus freezer;
2. a Caretaker Dwelling Unit deed restriction be recorded be#ore building permit approval
{this document shall be obtained through the Housing Office); and
3. Inspection by the Housing Office prior io Certificate of Occupancy.
Aspen/Pitkin Community
c~(ls~.-~,_ '~+ 7 ~~ y DevelopmentDepartment -~
130 South Galena Street
Aspen, Colorado 81611
(970)920-5090
City Land Use Apl
001]3-63850-041
-6385S1kt2
-63860-043
-63885-268
63875-046
-MRG l 1
1 0000671(Nr383
1500063050-480
150006306582
dication Fees:
Deposit
Flat Fee
HPC
Public Right-of--Way
Zoning & Sign Permit
Use Tax
Park Dedication
AH Commercial
AH Residential
County Land iJse Application Fces:
0011363800-033 Deposit
63805-034 Flat Fee
63820-037 7_oning
63825-033 Board of Adjustment
Referral Fecs:
OOl li638I4(?3S
OOIiS-53340-163
6202363340-190
110[2563340-205
C01 ! 3 63 8 1 5-036
M 1 li-638 (2-212
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
Wildlife Dlrlcer
Sales:
00! 136383(}-034 County Code
-6ri000-145 Copy Pees
Name: L
Address:
Phone:
Other
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