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HomeMy WebLinkAboutpitkin.planning.264326101002DOCUMENT 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: 2643-261-01002 ~. DATE RCVD: ~- #QOPIES::~- CASE NO 1988 CASE NAME: Ukraine EDU Planners 1..~ PROJ ADDR: 0536 N Starwood Dr OWN/APQ: Ukraine John ADR~ GSIZ~ PHN:~ REP: ADR:~~ GSIZ:~ PHN:~ Email Addr: ~ ~~ ALLOCATED HOURS: FEES DUE:-- FEES RCVDt ~~ ~ °/a OVER: ~- - `PL -VF Approval-EDU ". CASE TYP4[~ File Locations Box 177 RESOLIITION OF THE BOARD OF CODNTY COMMISSIONERS OF PITRIN COUNTY, COLORADO, GRANTING APPROVAL OF THE IIRRAINE EMPIAYEE DWELLING IINIT ON LOT 84R, STARWOOD FOURTEEN Resolution No. 88-3~ WBEREAS, John Ukraine (hereinafter "Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado (hereinafter "Board") for approval of an employee dwelling unit pursuant to Section 3-8.13(d) of the Land Use Code, on Lot 84R, Starwood Fourteen Subdivision; and WHF.RF.AR, the Board heard this application at a regularly scheduled and duly noticed public hearing on April 12, 1988, at which time evidence and testimony was presented with respect to this application; and WHEREAS, the Board finds that the dwelling was constructed in 1974 and that approval of this application does not constitute the Board's endorsement of overcrowding on the property or in the neighborhood. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant approval of this application subject to the following conditions: 1) The Applicant shall record employee deed restrictions to the satisfaction of the Aspen/Pitkin Housing Authority prior to the issuance of any building permits. 2) The Applicant shall have an inspection of the employee dwelling unit by a County Building Inspector to insure that the structure meets Uniform Building Code Standards. 3) The entire property shall be restricted to one fireplace and one certified clean burning woodstove. APPROVED by the Board at its regular meeting on April 26, ~- Resolution No. 88-~,~ Page 2 1988. ATTEST: J nette Jo s, Deputy unty Cler APPROVED AS TO FORM: Thomas F. Smith, County Attorney FK.UKRAINERESO BOARD OF COUNTY COMMISSION OF PITKIN COUNTY, COLORADO BY. Fred Crowley, APPROVED AS TO CONTENT: .' ~~~, ~ ~~ Alan Richman, Planning and Development Director AGENDA ITEM SUMMARY T0: Board of County Commissioners Public Hearing - April 12, 1988 RE: Ukraine Employee Dwelling Unit Review /~ FROM: Francis Krizmanich, Planning Office ~~~~//.ti~~-q~ ISSUE: John Ukraine has applied for approval of an existing 800 square foot employee unit that was constructed in 1974. The applicant can meet the requirements of the Land Use Code. The Planning staff is recommending approval of this application subject to the conditions outlined at the end of the attached memorandum. ALTERNATIVES: 1) The Board may approve this application with the recommended conditions or you may amend the conditions as you deem appropriate. 2) The Board may deny the application. RECOMMENDED ACTION: The Planning staff recommends that the Board direct staff to draft a resolution approving this application subject to the conditions outlined in the attached memorandum. FK.UKRAINEAIS T0: Board of County Commissioners FROM: Francis Krizmanich, Planning Office j RE: Ukraine Employee Dwelling Uni~ ~ ~/~~~ DATE: April 12, 1988 APPLICANT: John Ukraine. REQUEST: The applicant is requesting approval to convert an existing dwelling into an employee dwelling unit. The property is Lot 84R Starwood 14 and contains 2.26 acres. Amain residence and detached caretaker unit currently exist on the property. The owner intends to demolish the existing residence and construct a new home and requests permission to retain the caretaker house. The application is attached. LOCATION: Starwood Subdivision. ZONING: RS-20 PUD. ISSUES AND CONCERNS: 1) Aspen/Pitkin Housing Authority: In a memo dated April 7, 1988, Jim Adamski submitted the following comments: The applicant is requesting approval of a detached caretaker unit that was constructed prior to June 1, 1981. The unit is located on Lot 84R, Starwood 14, Pitkin County. The existing structure is 800 sq. ft. The applicant is willing to deed-restrict this existing bandit Unit in accordance with Section 3-8.13 (D) of the Pitkin County Land Use Code. The applicant would like to remove the existing home and construct a new home on the site but retain the existing bandit caretaker unit, undisturbed and detached where it now exists. Housing Office Recommendation: The Housing Authority recommends approval of the application. The deed restriction must be recorded prior to the issuance of a building permit (a sample deed restriction is attached). 2) Environmental Health Department: In a memo dated April 7, 1988 (attached) Bob Nelson submitted the following comments: Sewage Treatment: Because of anticipated difficult soil conditions, the replacement system will probably be required to be some sort of engineered system. IT should be possible to construct a system which complies with County regulations. Water: The parcel is served by the Stanwood Subdivision water system. There should be no problem serving the main residence and employee unit. Air Quality: It is our interpretation that the employee unit, a detached modular house, and the rebuilt main house which eventually will be constructed are each allowed a fireplace or noncertified woodstove. In addition, each structure would be allowed one certified woodstove, under current regulations. This varies somewhat from the intent of the law in that there could be as many as there solid fuel burning devices on the lot, one fireplace, one the existing non-certified woodburning stove, and one certified stove which might be installed at a later date. It is suggested that if the proposal is approved, that some more restrictive limitation be requested from the applicant at this time, and that this be made a part of the real property records. If agreeable to the individual applicants and their representations, the lot would then generate no more wood smoke than those subdivision lots around it. Water Quality: Disturbed soil areas around the homes and driveways should be revegetated to avoid erosion and sedimentation impacts to nearby irrigation ditches. 3) STAFF CO1~II+IENTS: The applicant is requesting approval to retain a caretaker unit which was constructed in 1974. The property is a 2.26 acre Stanwood Lot which is zoned RS-20 PUD (20 acre minimum lot size). The lot is substandard as to size and current regulations permit only one residence on a non-conforming lot. According to Section 3-8.13(d) of the Land Use Code, the Board may approve employee units which do not meet the standard requirements as follows: "(d) The Board may approve as an employee unit attached to or within a principal unit, or detached, a single residential dwelling unit which does not meet the requirements of this Section 3-8.13 (a) or (b), under the following conditions: (1) The applicant must demonstrate to the satisfaction of the Board that the proposed employee unit was completed and in existence prior to June 8, 1981; (2) The applicant must specify the applicable requirements of Section 3-8.13 which can or cannot be met and the reasons therefor; (3) The approval must require compliance with the 2 otherwise applicable requirements of this Section to the full extent practicable; (4) The approval must require the applicant to meet the health and safety requirements of the Uniform Building Code, as determined by the Building Inspector; (5) The Board must determine that, notwithstanding the inability of the applicant to comply with the requirements of this Section, approval of the application will not result in, or constitute the Board's endorsement of, overcrowding on the property or in the neighborhood; approval of a dwelling unit for which insufficient utilities or other necessary services are available; and visual impacts out of character with existing neighborhood; (6) The applicant shall, by deed restriction or other permanent commitment running with the land, guarantee that the employee unit shall remain a rental unit; not be condominiumized; not be occupied by the owner or spouse; be limited to occupancy by not more than two (2) persons per bedroom (which includes children), or in the case of a studio, no more than two (2) persons who, if adults, 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; and be rented for terms not less than six (6) months; and (7) The applicant must provide the Board with proof that all adjoining landowners have been notified at least fifteen (15) days in advance of the hearing by first-class mail, return receipt requested, of the date of the Board's hearing on the application and of their opportunity to participate in the hearing. In addition, a visible sign shall be posted at least fifteen (15) days in advance of the hearing at the entrance of the property providing notice of the pendency of the application, the date of hearing, and the right of the public to participate." In response to the above criteria, the staff has the following comments: Criteria #1 - Existence prior to June 8, 1981 - The Planning staff has found a building permit issued in 1974 for the residence. Warren Conner, of the Assessor's Office has also confirmed that the unit was constructed during 1974. Criteria #2 - Requirements which cannot be met - The applicant cannot meet the minimum lot size requirement. In the RS-20 zone a detached caretaker unit and main residence would require 40 acres (20 acres per residence). Criteria #3 - Approval must require compliance with applicable regulations to the full extent practicable - The applicant has committed to deed restrict the unit in conformance with employee guidelines. Because a normal, conforming 20 acre lot would allow only an attached 500 square foot unit and only one fireplace and one woodstove would be allowed, we recommend that only one fireplace and one certified stove be allowed for this property. Criteria #4 - Uniform Building Code - The staff recommends that the unit be inspected and brought into compliance with current UBC regulations if necessary. Criteria #5 - Overcrowding - The Board must determine that approval of this application will not result in overcrowding on the property or in the neighborhood. The caretaker unit and main residence have been on the property since approximately 1974. The staff has not received any objections to this proposal. Utilities and services for the unit are in place. The construction of the new main residence may require replacement of the septic system for the caretaker unit. Criteria #6 - Deed Restrictions - The applicant is willing to accept the standard employee unit deed restrictions. Criteria #7 - Notice to Adjacent Landowners - The Planning Office sends written notice to adjacent owners. The applicant is required to post a sign on the property at least 15 days in advance of the hearing. RECOMMENDATION: The Planning staff recommends approval of this application with the following conditions: 1) The applicant shall record the employee deed restrictions prior to the issuance of any building permits on the property. 2) The applicant shall have an inspection of the employee unit by a building inspector to insure that it meets Uniform Building Code Standards. 3) The property shall be restricted to one fireplace and one certified woodstove. FK.UKRAINE 4 M E M O R A N D U M TO: FRANCIS KRIZMANICH, PLANNING OFFICE FROM: JIM ADAMSKI, HOUSING DIRECTOR DATE: APRIL 7, 1988 RE: UKRAINE EMPLOYEE DWELLING UNIT PARCEL ID#2643-261-01-002 The applicant is requesting approval of a detached caretaker unit, that was constructed prior to June 1, 1981. The unit is located on Lot 84r, Starwood Fourteen. Pitkin County. The existing structure is 800 s.f. The applicant is willing to deed restrict this existing bandit unit i accordance with Section 3-8. 13 (d) of the Pitkin County Land Use Code. The applicant would like to remove the existing home and construct a new home on the site but retain the existing bandit caretaker unit, undisturbed and detached where it now exists. HOUSING OFFICE RECOMMENDATION: The Housing Authority recommends approval of the application. The deed restriction must be recorded prior to the issuance of a building permit (a sample deed restriction is attached). OCCUPANCY DEED RESTRICTION AND AGREEMENT CARETAKER EMPLOYEE DWELLING UNIT THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Agree- ment") is made and entered into this day of by and between corporation (herein- after referred to as "Owner") and the Aspen/Pitkin County Housing Authority, a Colorado corporation (hereinafter referred to as the "Authority") organized pursuant to the Colorado County Housing Authority laws, as set forth in C.R.S. Section 29-4-501, et. seq. W I T N E S S E T H: WHEREAS, Owner owns a square foot dwelling (the "Dwelling") which is located on the real property (the "Real Property") described as follows: For purposes of this Agreement, the Dwelling, the Real Property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the Use and Occupancy of the Property to Employees and their families who are either employed by the project or who are employees of Pitkin County and fall with the Housing Authority Guidelines established and indexed 1 by the Authority on an annual basis. NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, paid to the Authority by the Owner, the receipt and sufficiency of which is hereby acknowledged, it is agreed by the parties hereto as follows: 1) The Owner hereby covenants that the employee dwelling unit described above shall at all times remain a rental unit and shall not be condominiumized. Use and occupancy of the employee dwelling unit shall be limited to housing for qualified employees of the project or employees of Pitkin County whose rental rates are in accordance with rental guidelines established by the Housing Authority of the City of Aspen and Pitkin County or a successor thereto. The owner of the unit shall have the right to lease the unit to a qualified employee of his own selection. Such individual may be an employee of the Owner, or employed as a resident caretaker, provided such person fulfills the requirements of a qualified employee. "Qualified Employee" as used herein shall mean any person currently residing in and employed in the City of Aspen or Pitkin County for a minimum average of 30 hours per week, nine months out of any twelve-month period. An employee occupying the unit who is employed in Pitkin County shall meet the income and occupancy eligibility requirements established and applied by the Housing Authority with respect to employee housing. 2 2) Verification of employment of person(s) living in the employee unit shall be completed and filed with the Housing Authority Office by the Owner of the unit prior to occupancy thereof, and must be acceptable to the Housing Authority. If the Owner does not rent the employee unit to a qualified employee the unit shall be made available for occupancy in accordance with the Housing Authority Guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not be unreasonably delayed or withheld. 3) The employee dwelling unit is limited to occupancy by not more than two adults and related children. Resident adults must qualify as, and have been found by the Housing Authority to be, employees of the community and residents thereof as referred to above. 4) No lease agreement executed for occupancy of the employee dwelling unit shall provide for a rental term of less than six consecutive months. 5) These covenants shall be deemed to run with the land as a burden thereof for the benefit of, and shall be speci- fically enforceable by, the Board of County Commissioners of Pitkin County, the Housing Authority of the City of Aspen and Pitkin County, or the duly authorized designee of the Board of County Commissioners of Pitkin County, by and appropriate legal action including but not limited to 3 injunction, abatement, or eviction of non-complying tenants during the period of the life of the last surviving member of the presently existing Board of County Commissioners of Pitkin County, Colorado, plus twenty-one years, or for a period of fifty years from the date of recording hereof in the Pitkin County real property records, whichever period shall be less. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER: BY: NAME: Mailing Address: STATE OF COIARADO) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 19 by Witness my hand and official seal. My commission expires: Notary Public 4 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by The Aspen/Pitkin County Housing Authority. HOUSING AUTHORITY OF THE CITY OF ASPEN AND PITKIN COUNTY, COLORADO BY: Chairman Mailing Address: 530 E. Main Street Aspen, Colorado 81611 STATE OF COLORADO) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 19 by Witness my hand and official seal. My commission expires: Notary Public lua: Ukraine/care 5 MEMORANDUM T0: Francis Rrizmanich, Planning Department FROM: Bob Nelson, Department of Environmental Health DATE: April 7, 1988 RE: Ukraine Employee Dwelling Unit Exemption Parcel I. D. # 2643-261-01-002 The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal under authority of the Pitkin County Code, Title II, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200: The existing on-site wastewater disposal system, installed in 1974 and serving both residences on the lot, is located under the footprint of the proposed new main house. If current plans are followed, it would be required that the existing septic system be abandoned and backfilled. Using our previous evaluation of the home site and the general soil conditions as they correlate with the reported characteristics of the area soil types (indicated on the Soil Conservation Service maps), it would appear that most of the lot may be unsuitable for septic tank-absorption systems. The soil, Type 82 E, is the predominant soil type on the site. It is characterized as a silty clay loam to clay loam with slow permeability and a high shrink-swell potential. In addition, there is a large amount of runoff saturating the area soils during the Spring. Typically, this type of soil presents some major problems and difficulties in the construction and continued operation of conventional septic tank-sewage disposal systems. Because of the anticipated soil conditions, the replacement septic system, to serve both main house and the employee dwelling unit, will probably be required by County Regulations to be some type of engineered-design sewage disposal system. There is little land area available for a gravity-flow sewage disposal system on the steeper slopes below the house. It appears, on initial assessment, that the septic tank effluent might have to be pumped up to the flatter portions of the site along the South property line. Such systems typically are expensive and require large areas of ground, but it should be possible on this lot to construct some sort of on-site wastewater disposal system in compliance with Pitkin County regulations. Ukraine Employee Dwelling Unit April 7, 1988 Page 2 Alternative sewage system designs, rearranging the preliminary plans so that the existing system would remain intact, would also be considered by this department. For such types of design, we would request that the applicant open the existing septic tank and seepage pit for inspection. If it appears that the existing system is operating in conformance with regulations, we would consider incorporating the septic system as a part of some design to serve both the employee dwelling unit and the proposed reconstruction of the main residence. Additional waste water disposal capacity would appear to be necessary, in any case, for the reconstruction. Our comments above would apply to any new or modified sewage disposal absorption areas proposed on the lot. (Other pertinent regulations: Title X, Pitkin County Code - Pitkin County Regulations on Individual Sewage Disposal Systems Chapter 25, Article 10, C.R.S. 1973 - Sewage Disposal) ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205: The parcel, Lot 84R Starwood Fourteen, is served by the Starwood Subdivision water system and there should be no problems with the drinking water quantity or quality for the existing unit or for the house which may be developed in the future. There are large water storage tanks in the immediate vicinity and eight inch water mains in the adjacent road which were reconstructed in 1984. (Other applicable regulations: Colorado Primary Drinking Water Regulations) AIR QUALITY: Sections 2-17 and 5-106: It is our interpretation that the employee unit, a detached modular house, and the rebuilt main house which eventually will be constructed are each allowed a fireplace or noncertified wood stove. In addition, each structure would be allowed one certi- fied wood stove, under current regulations. This varies somewhat from the intent of the law in that there could be as many as three solid fuel burning devices on the lot, one a fireplace, one the existing non-certified wood burning stove, and one certified stove which might be installed at a later date. It is suggested that if the proposal is approved, that some more restrictive limitation be requested from the applicant at this time, and that this be made a part of the real property records. If agreeable to the individual applicants and their representatives, the lot would then generate no more wood smoke than those subdivision lots around it. Ukraine Employee Dwelling Unit April 7, 1988 Page 3 (Other applicable regulations: Resolution 86-91 -County Woodburning Resolution 85-14 -County Variance Title III Pitkin County Code - Air Pollution) Water Ouality Impacts - Section 2-22 and 5-107.2: Care should be taken in future planning of the construction to avoid the small drainage areas adjacent to the westerly property line. Sediment from disturbed areas around the houses and driveways should be detained on the property and revegetation efforts should be utilized to provide long term runoff controls. it is important, in these erosive soils, to limit the amount of sedimentation discharged into adjoining irrigation ditches during runoff. Summarv It is our conclusion that, with careful site planning and proper engineering, there should be only minimal impacts from this proposal. Therefore, we have no objection to approvals for the two single-family building sites. ASSESSORS OFFICE Dorothy M. Mikkelsen Assessor Pitkin COldllt~/ 506 east main street aspen, Colorado 81611 March 22, 1988 Mf~R 2 3 ro- Pitkin County Planning Department Court House 506 E. Main St. Aspen, Colorado Dear Glen: The records of the Pitkin County Assessor's Office, shows that the improvements presently situate on Lot R-84 Stanwood Fourteen Subdivision were constructed during ]973 and 1974 and are assessed under Property Tax Schedule # 42-3786. Respectfully submitted, Dorothy M. Mikkelsen Pitkin County Assessor by- Warne J. Conner Deputy Assessor ,~z~Nxyn~~,l k ~~ t, ~. >~, '~ 10 3 9 1 ~ i ~~ P Y~~y rLN , .a N Y~t 1 pVT~ .i-: ~ ; ~~ PERMIT APPLICATION ~ -BUILDING, ~ ~ ~ : ., h• . _ ~ , , ~. '^!t ~ :~~' ~ JUfISdICtiOr1 Of PTT ' KIN HOi7NTV ' . o `~# ,,, .. tlunt trocomp/et~A,htinberbd spaces on/Y. _ _ - ,. C ~ 1,'. fA r,... yyti '~ - y~ L /'y~ iii" - - t $T S di i i on ub v s ,, +: tars a~o ~ ~ ~ k5i1 -eLR' `~ p )T • `~ gACT .. ~[[[ wiiw Cx [D ax[[Tl . ` 14 Stanwood Subdivision .. ~~w'[`Jt •x ~.; MALL ADDN[tt - 3V ~ rxOw[ 'le lfi's'~83>,~TB lot. _ As ena Colo.. O = ^Qp c l:x .'.:1 .i.;.:. MAIL woea[tt rxoN[ ue[Na[ No. haL Co. Goleta, Calif. 11cM r~{r, ~a[e oM 9 y} ",~. MAIL eoDwua rxox[ : ue[xt[ No. Et T~. sItrabacher .602 E. H n As en Colo. y~w,~' '. Mwll ADDII [!f 1 II [ [ N rMOM[ LIC [Nf[ NO. `~ ~ J v y .i :[ ' ~ vk L[ND{11 k ~ _`) '1'I ~ - M11L ADON[3! [II/,NCM L ~' _ -. Res idence }aN 8`; Clauof work:. NEW ^,AODITION ^ ALTERATION ^ REPAIR ^ MOVE ^ REMOVE hl ,.. 9. oescribework: Concrete exterior. shell w/flame artition -- ~(~:., ';:: t 10 Change of use from - Change of use to 11 Valuation of work: S ~ 57, 835.A0 pLAN CHECK FEE 81. ~J5 PERMIT FEE 163.50 SPECIAL CONDITIONS: type o1 Occupancy ' Cons[. Group I Dlvislon 51za of Bma.2 313 No: or 1 Mal. (Total) Sq. Ft. Stones Occ. Load Flre Vsa 1 Flre Sprlnklars AYr_LICATON IICCEIiEO aV' HECKED aY-. vLANS C iLM DfON ISSUANCE av : Zone III 20Da ~- RagYlred ^~rK ^NO ~`AAf /// ~/~ No. of 1 OFFST BEET PA RKINO SPACES 2 / ,/ Vnib lli D Covered DrICOVHee we ng NOTICE peelal APProvels Required Reghed Not Requlnd -- SEPARATE PERMITS ARE REQUIRED.FOR ELEC RICAL, PLU ZONING - -- -^~ ING, HEATING, VENTILATING OR AIR CONDITIONING. HEALTH oEPT. .ZO.Z THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC- TION AUTHORI2E0 IS NOT COMMENCED WITHIN80 DAYS; OR IF FIRE DEPT. - CONSTRUCTION OR WORK IS SUSPENDEb OR ABANDONED FORA 501E REPORT ~ ~ - PERIOD OF 120 DAYS AT ANV TIME AFTER WORK IS CON- MENCE D - OTHER (SPeclry) ' . I HEREBY CERTIFY THAT 1 HAVE READ AND E%AMINED THIS APPLICATION AND KNOW THE SAME TO BE TRVE AND CORRECT. ~ ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT; THE GRANTING OF A' PERMIT DOES NOT H ' E PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL T PROVISIONS OF ANV OTHER STATE OR LOCAL LAW REGULATING. - CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. ~~ IDAT[) cTDn oN 1v Txowlx [D 6c[Ni w /. w[ or cox T w rv C a - ( ~ ~ g ~ ~ w ur owN[l1 ey lLO[wl Dwi[ WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT PLAN CHECK VALIDATION cK., M.o. cnsH PERMIT VALIDATION . cK. M.o. cnsH cnLam~o ARCHITECTS S~ CONSULTANTS P_0. BOIi 1246 ASPEN, CO 81612 " d~,(2 I {303}925-7846 PITKIN COUNTY PLANNING DEPARTMENT PLANNING DIRECTOR-ALAN RICHMAN PLANNING STAFF-FRANCIS KRIZMANICH RE: APPLICATION TO SECURE EXISTING CARETAKER UNIT AT LOT 84R STARWOGD FOURTEEN, PITKIN COUNTY. MR. JOHN UKRAINE IS THE OWNER OF LOT 64R, STARWOOD FOURTEEN IN PITKIN COUNTY. THE PROPERTY CURRENTLY HAS AN EXISTING MAIN HOME AND A DETACHED CARETAKER UNIT. BOTH STRUCTURES WERE BUILT IN 1974. MR. UKRAINE WOULD LIKE TO REMOVE THE EXISTING MAIN HDME AND CONSTRUCT A NEW MAIN HOME. HE IS NOT PLANNING ANY WORK DN THE EXISTING DETACHED CARETAKER UNIT AND WOULD SIMPLY LIKE TO BE PERMITTED TO RETAIN THE EXISTING CARETAKER UNIT, UNDISTURBED AND DETACHED WHERE IT NOW EXISTS. SECTION 3-8.13 (D} OF THE PITKIN COUNTY CODE PERMITS SUCH A STRUCTURE UNDER THE CONDITIONS LISTED THEREIN. THIS STRUCTURE DOES MEET EACH OF THOSE CONDITIONS AS DESCRIBED BELOW. (1) THE STRUCTURE WAS BUILT PRIOR TO 1981 {~) THE STRUCTURE CANNOT MEET THE FOLLOWING RERUIREMENTS DF ' 3-8.13: (A} -1 THE STRUCTURE CURRENTLY EXCEEDS 500 SQ. FT. OF TOTAL FLOOR AREA. (THE EXISTING STRUCTURE IS APPROX. 800 SQ. FT. ) (3} (4} (5) (7} CAN BE DEMONSTRATED TO BE IN COMPLIANCE (6} THE APPLICANT IS WILLING TO HAVE THE UNIT DEED RESTRICTED AS IN ACCCORDANCE WITH THIS REQUIREMENT. MEMORANDUM T0: Francis Rrizmanich, Planning Department FROM: Bob Nelson, Department of Environmental Health DATE: April 7, 1988 RE: Ukraine Employee Dwelling Unit Exemption Parcel I. D. # 2643-261-01-002 The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal under authority of the Pitkin County Code, Title II, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200: The existing on-site wastewater disposal system, installed in 1974 and serving both residences on the lot, is located under the footprint of the proposed new main house. If current plans are followed, it would be required that the existing septic system be abandoned and backfilled. Using our previous evaluation of the home site and the general soil conditions as they correlate with the reported characteristics of the area soil types (indicated on the Soil Conservation Service maps), it would appear that most of the lot may be unsuitable for septic tank-absorption systems. The soil, Type 82E, is the predominant soil type on the site. It is characterized as a silty clay loam to clay loam with slow permeability and a high shrink-swell potential. In addition, there is a large amount of runoff saturating the area soils during the Spring. Typically, this type of soil presents some major problems and difficulties in the construction and continued operation of conventional septic tank-sewage disposal systems. Because of the anticipated soil conditions, the replacement septic system, to serve both main house and the employee dwelling unit, will probably be required by County Regulations to be some type of engineered-design sewage disposal system. There is little land area available for a gravity-flow sewage disposal system on the steeper slopes below the house. It appears, on initial assessment, that the septic tank effluent might have to be pumped up to the flatter portions of the site along the South property line. Such systems typically are expensive and require large areas of ground, but it should be possible on this lot to construct some sort of on-site wastewater disposal system in compliance with Pitkin County regulations. Ukraine Employee Dwelling Unit April 7, 1988 Page 2 Alternative sewage system designs, rearranging the preliminary plans so that the existing system would remain intact, would also be considered by this department. For such types of design, we would request that the applicant open the existing septic tank and seepage pit for inspection. If it appears that the existing system is operating in conformance with regulations, we would consider incorporating the septic system as a part of some design to serve both the employee dwelling unit and the proposed reconstruction of the main residence. Additional waste water disposal capacity would appear to be necessary, in any case, for the reconstruction. Our comments above would apply to any new or modified sewage disposal absorption areas proposed on the lot. (Other pertinent regulations: Title X, Pitkin County Code - Pitkin County Regulations on Individual Sewage Disposal Systems Chapter 25, Article 10, C.R.S. 1973 - Sewage Disposal) ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205: The parcel, Lot 84R Starwood Fourteen, is served by the Starwood Subdivision water system and there should be no problems with the drinking water quantity or quality for the existing unit or for the house which may be developed in the future. There are large water storage tanks in the immediate vicinity and eight inch water mains in the adjacent road which were reconstructed in 1984. (Other applicable regulations: - Colorado Primary Drinking Water Regulations) AIR_QUALITY: Sections 2-17 and 5-106: It is our interpretation that the employee unit, a detached modular house, and the rebuilt main house which eventually will be constructed are each allowed a fireplace or noncertified wood stove. In addition, each structure would be allowed one certi- fied wood stove, under current regulations. This varies somewhat from the intent of the law in that there could be as many as three solid fuel burning devices on the lot, one a fireplace, one the existing non-certified wood burning stove, and one certified stove which might be installed at a later date. It is suggested that if the proposal is approved, that some more restrictive limitation be requested from the applicant at-this time, and that this be made a part of the real property records. If agreeable to the individual applicants and their representatives, the lot would then generate no more wood smoke than those subdivision lots around it. Ukraine Employee April 7, 1988 Page 3 (Other applicabl Resolution 86-91 Resolution 85-14 Title III Pitkin Dwelling Unit regulations: - County Woodburning - County Variance County Code - Air Pollution) Water Quality Impacts - Section 2-22 and 5-107.2: Care should be taken in future planning of the construction to avoid the small drainage areas adjacent to the westerly property line. Sediment from disturbed areas around the houses and driveways should be detained on the property and revegetation efforts should be utilized to provide long term runoff controls. It is important, in these erosive soils, to limit the amount of sedimentation discharged into adjoining irrigation ditches during runoff. Summarv It is our conclusion that, with careful site planning and proper engineering, there should be only minimal impacts from this proposal. Therefore, we have no objection to approvals for the two single-family building sites. ,_--- - caLOmso ARCHITECTS S~ CONSULTANTS P_0_ BOX 1206 ASPEN, CO 81612 "P.? C i (303}925-7806 PITKIN COUNTY PLANNING DEPARTMENT PLANNING DIRECTOR-ALAN RICHMAN PLANNING STAFF-FRANCIS KRIZMANICH RE: APPLICATION TO SECURE EXISTING CARETAKER UNIT AT LOT 84R STARWODD FOURTEEN, PITKIN COUNTY. MR. JOHN UKRAINE IS THE OWNER OF LOT 84P., STARWOOD FOUPTEEN IN PITKIN COUNTY. THE PROPERTY CURRENTLY HA5 AN EXISTING MAIN HOME AND A DETACHED CARETAKER UNIT. BOTH STRUCTURES WERE BUILT IN 1974. MR. UKRAINE WOULD LIKE TO REMOVE THE EXISTING MAIN HOME AND CONSTRUCT A NEW MAIN HOME. HE IS NOT PLANNING ANY WORK DN THE EXISTING DETACHED CARETAKER UNIT AND WOULD SIMPLY LIKE TO BE PERMITTED TO RETAIN THE EXISTING CARETAKER UNIT, UNDISTURBED AND DETACHED WHERE IT NOW EXISTS. SECTION 3-8.13 {D} OF THE PITKIN COUNTY CODE PERMITS SUCH A STRUCTURE UNDER THE CONDITIONS LISTED THEREIN. THIS STRUCTURE DOES MEET EACH OF THOSE CONDITIONS AS DESCRIBED BELOW. (1} THE STPUCTURE WAS BUILT PRIOR TO 1981 {2} THE STRUCTURE CANNOT MEET THE FOLLOWING P,EQUIREMENTS OF ' 3-8.13: {A} -1 THE STRUCTURE CURRENTLY EXCEEDS 500 SQ. FT. OF TOTAL FLOOR AREA. {THE EXISTING STRUCTUP.E IS APPROk. 800 SQ. FT. ? (3} (4} (5} (7} CAN BE DEMONSTRATED TO BE IPJ COMPLIANCE {6} THE APPLICANT IS WILLING TO HAVE THE UPiIT DEED RESTRICTED AS IN ACCCORDANCE Y~lITH THIS REQUIREMENT. MEMORANDIIM TO: County Attorney Housing Director ~~72a 2 y,9 Environmental Health ' ~-"hi Building Inspector FROM: Francis Krizmanich, Planning Office RE: Ukraine Employee Dwelling Unit Parcel ID# 2643-261-01-002 DATE: March 24, 1988 Attached for your review and comments is an application submitted by Jim Colombo on behalf of his client, John Ukraine, requesting approval of a detached caretaker unit which was constructed prior to June 8, 1981. This application is being made pursuant to Section 3-8.13 (d) of the Land Use Code.. The property is located on Lot 84R, Starwood Fourteen in Pitkin County. Please review this material and return your comments no later than April 6, 1988 in order for this office to have adequate time to prepare for its presentation before BOCC. Thank you. Aspen/Pitkin Planning Office 130 south galena street aspen, Colorado 81611 March 21, 1988 Stanwood Architectural Review Board c/o Ellie Bricken Dear Ellie: The Aspen/Pitkin Planning Office has received an application to approve a caretaker unit on Lot 84R of Stanwood 14. Our office has scheduled this application for review by the Board of County Commissioners on April 12, 1988. If you have any questions regarding this application, please call me(9c2S-o20o2 O~ Sincerely, Francis Krizmanich, Planner FXK:nec ASPEN/PITKIN PLANNING oeelce 130 S_ Galena St[eet Aspen, OD II1611 (303) 925-20 0 Da CC_ .3 /ft~t . ~~$ ~A, f Dea[ This is to inform you that the Planning Office has completed its preliminary review of the captioned application_ we have determined that your application IS 1~ oomplete_ Additional items required include: Disclosure of Ownership (one copy only needed) Adjacent Property Owners List/Envelopes/Postage. (one co py) Additional copies of entire application Authorization by owner for representative to submit applicz- tio n Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ A.. Your applicatiog, is co~Iete and we ha e ~ h~y}~led it for review by the /^ on sl.-~ We will call you if we need ally additional inform tion prior to that date. -Several days prior to your hearing, we will call and ke available a Dopy .of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a 53.00 fee_ _ B_ Your application is incomplete, we have not scheduled it review at this time_ When we receive the materials we have. requested, we will place you on the next availkable agenda. If you have any questions, please call ~rAhG~S 1,r12Md('~.~• the planner assigned to your case_ Sincerely, ~fi~i~~e~-/ ASPBN/PITRIN PLANNING OFFICE CASEIAAD SUMMARY SHEET PITRIN COIINTY DATE RECEIVED' .3 ~ ~J1S DATE COMPLETE: PROJECT NAME Project Addr APPLICANT' U Applicant Address: REPRESENTATIVE:~I~t///lam 1NG91~/ ~~ Representative Address/Phone: PAID: YES /NOl AMOUNT 1) TYPE OF APPL~ATION: 1 STEP: /'// 2 STEP: CEL ID AND CASE NO. STAFF MEMBER:' .e ~. 2) IF 1 STEP APPLICAT~ION/GOES TO: t P&Z ~ BOCC PUBLIC HFAUTNG DATE: rr~ n- 3) PUBLIC HEARING IS BEFORE: ~~ P&Z BgOCC r N/A ~./~ DATE REFERRED: o~ - X~ INITIAIS: /(.Y~ STAFF LEVEL: 1041 HAZARD REVIEW: DATE OF APPROVAL REFS/BRATS: ~/ County Atty County Engr Housing Dir. Aspen Water City Electric Envir. Hlth. County Mgr. Div. Wildlife Trails Dir. Aspen Consol S.D. Mtn. Bell Envir. Coordin. Holy Cross Electric Fire Marshall Snowmass Vill. FAA State Plan. Off. other: School District Rocky Mtn Gas State Hwy Dept _~ (Gr ld on/ Co o Geo Survey USFS Div. Water Res. Other' FINAL ROOTING: County Atty Housing Dir. Other: DATE ROUTED: County Engineer Envir. Health INITIAL' Building Dept. FILE STATUS AND IACATION: March 8, 1988 Pitkin County Planning Department Planning Director- Alan Richman Planning Staff- Francis Krizmanich RE: Authorization for representation far County applications Gentlemen, As the owner of Lot 84R Stanwood Fourteen, Pitkin County, 1 authorize Colombo Architects and James Colombo personally to represent me in all necessary applications to the County that relate to the aforementioned property. Specifically, I authorize Mr. Colombo to represent me in my current application for employee housing designation of an existing caretaker unit on the property. Sincerely, J n Ukraine cc: Colombo Architects Garfield & Hecht P.G. LIST OF AJOININ6 PROPERTY OWNERS DR. GEORGEHODOR 600 HARDSCRABBLE RD. CHAPPAQUA, N.Y. 10514 STERN MOUNTAIN RANCH SUBDIVISION -LOT 8 J~ ~ b~.1,~L~ Y~ b~-~,~- 7sza LIST OF ADJACENT PROPERTY OWNERS JOSHUA SASLOVE 720 E. OURANT ASPEN, CO. 8161 1 MR. LESLIE TOWNE 1872 BARRVCOURT MERRICK, N.Y. reaaro~ rr Recorded al - o'clock - _ M.. WARRAivYY DEED Jack Ingold and Jeanne Ingold ~„~~„~.~ whose address is 805 Irwin Ct. Hillsborough, CA 94010 *E~t,„t~-of ,~tate~ ,for the consideration of and other valuable - TEN - dollars i~tX, sell(s) 1'17KIN ICNTY RECORpER Nov ~ I el FN'81 and convey(s) to John M. [Acraine and Linda V. Ilksaine, in Joint Tenancy, whose legal address is P. O. Box 10844 Aspen, CO 81612 C-elmtyef -e1~Stetecf- the following real property in the County of Pitkin Colorado, to wit: ~'. Lot R-84 h I STAF&a")OD FOUP.T~1 l~ i' ~~ County of Pitkin, State of Colorado ~ it STATE DUCUMENTARYfEE s ~z ~ ti~~o also known by street and number as 0572 North Staxvx3od Dr. , Aspen, CO 81611 and State of I I. with all its appurtenances. and wartantlsl the title to the same, subject to general real estate taxes for 1987; and those reservations, exceptions, easeritents and restrictions set forth ~ in Exhibit A attached hereto. i I ~, Signed this p?~ day of pctp]~er i /~~ '~ STATE OF f7u{"~/~ County of ~~/(,// ~ ss. The foregoing instrument was acknowledged before me this c~/1~~L~Aay of a'to~=r 19 E7 I~~~i by Jack Ingold and Jeatute Ingold. My comrni~,<ion,expiees ~D/I~/~ ~ .Witness my hand and official seal. ~~ ` D.S/.+pr7rnCy/~u{]C~ ; 1.'Ui1G~-- ,I ~ , (((~~~+++ ~G,• SE OND JUDICIAL CIR IT tr PUpL ~ ` ~~ ' .,•If ,in C)el!ver, ~rlseit j~ilf and." /~!~ D f 0 , -- r~ uu~~ __- ___ -- -- -'-__.. _.. _--- - No. R97. Rtv. ]j-65. WARRANTT DEEU ISkorl Forml arad'~rtd Pulditihmp. 5825 N'. 6rh Aix., Wcewood. CO 90211- (30)12)3-6900 12-85 rcecor0er. BOOK FJ~U PAGEIbe~ ~~294633