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Home My WebLink Aboutpitkin.planning.246725300021 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(s) 2467-253-00-021 P103-94 Ives Employee Dwelling Unit 2147 Lower River Rd Lot 8-A Aspen River Valley Ranch Ives,Ray and Sandy 9/27/1994 9/27/1994 BOCK No 94-177#375745 � No i No no vesting no maps Employee Dwelling Unit 1/6/11 FF BoxB189 375745 B-765 C)48 10/25/94 03:26P Pr 1 UF C REC DOC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 0. 00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY COLORADO, GRANTING APPROVAL TO THE IVES EMPLOYEE DWELLING UNIT Resolution No. 94- L7 RECITALS I. Ray and Sandy Ives, hereinafter "Applicants", have applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board", for approval of a employee dwelling unit pursuant to Section 3-1510 of the Land Use Code. 2 . The Applicant's lot is zoned AFR-10 and is approximately 14 .26 acres in size. 3 . Said parcel is located at Lot 8A of the Aspen River Valley Ranch Subdivision, 4 . The Applicants propose to deed restrict the employee dwelling unit pursuant to Section 3-1510 of the Land Use Code. 5. The Board heard this application at a regularly scheduled meeting on September 27, 1994, at which time evidence and testimony was presented with respect to this application. 6. The Board determined that the proposed employee unit meets the criteria established in Section 3-1510 of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant approval to the Ives Employee Dwelling Unit application subject to the following conditions: 1. Within 30 days of approval by the Board of County 000001 C/P /�-- 375745 B-765 P-44610/25/94 03:26P PG 2 01d Resolution No. 94- /?1 ill Page 2 Commissioners, the Applicant shall request an inspection of the existing employee unit by the Aspen/Pitkin Regional Building Department to assure compliance with the health and safety regulations of the Uniform Building Code. If outstanding UBC compliance issues are identified, said issues shall be rectified to the satisfaction of the Chief Building Official within 90 days of the initial inspection. 2. The Applicant shall record a employee dwelling unit deed restriction on the unit, pursuant to Section 3-1510 of the Code. The Applicant shall record the deed restriction within 30 days of final approval by the Building Department. 3 . The Applicant shall agree to pay the cash-in-lieu fee for an equal employee dwelling unit if found by the Board to be in default of the required employee dwelling unit deed restrictions. The equivalent cash-in-lieu shall be determined by amortizing the current price of an equivalent employee dwelling unit fee over thirty (30) year period to determine the daily cost of the unit. The daily cost shall be multiplied by the number of days that the unit was found to be in default by the Board to determine the equivalent cash-in-lieu fee. Fees, so collected, shall be applied to the Aspen/Pitkin County Employee Housing Fund. 4 . The Applicant shall submit information documenting the location of the well and the quality and quantity of the water supply to the . Environmental Health Department, prior to the issuance of a building permit. 5. The Applicant shall obtain a Septic Permit from the Environmental Health Department, prior to the issuance of a building permit. The Environmental Health Department will require that the Applicant enlarge the septic system to accommodate 5 bedrooms. 1 6. The Applicant shall obtain a fireplace/woodstove permit from the Environmental Health Department, prior to the issuance of a building permit. 7. The Applicant shall adhere to all material representations made in the application and in the public meeting. APPROVED AND ADOPTED ON THE 27TH DAY OF SEPTEMBER, 1994. 000002 375745 R-765 C+50 10/25/94 03:26P PS 30OF 3 Resolution No. 94--L72 Page 3 BOARD OF COUNTY COMMISSIONERS OF PIITTRIN COUNTY, COLORADO By obert W. Child, Chairman Date_ T EST: janette Jones Clerk d Recorder APPROVED AS TO FORM: APPROVED AS TO CONTENT: Timothy E. W Su a ne Ro chap, County A y County Planning Director reso ives edu 000003 MEMORANDUM TO: Board of County Commissioners Regular Meeting - September 27 , 1994 THRU: Suzanne Konchan, Community Development Director FROM: Rick Magill , Planning Office RE: Ives Employee Dwelling Unit REQUEST: Pursuant to Section 3-1510 (B) of the Code, the Applicants e requesting approval of an existing 1, 265 square foot employee dwelling unit attached to the principal residence. LOCATION: Lot 8A of the Aspen River Valley Ranch APPLICANTS: Ray and Sandy Ives ZONING: AFR-10, ten acre minimum lot size PROJECT INFORMATION: The Applicants wishe� to legalize the unit within the main residence, which has existed as a separate apartment since 1979 . The existing two story residence contains approximately 4000 square feet and is located on a 14 . 26 acre lot. REFERRAL COMMENTS: Referral agency comments are summarized below and attached as necessary. 1 . The Housing Office has indicated that this application complies with the criteria of Section 3-1510 (B) of the Land Use Code. An employee dwelling unit deed restriction must be recorded by the Applicant, pursuant to Section 3-1510, prior to the issuance of a building permit. The Applicant shall further agree to pay the equivalent cash-in-lieu fee for an equal employee dwelling unit if found by the Board to be in default of the required employee dwelling unit deed restrictions. 2 . The Environmental Health Department indicated that documentation of the location of the well and the quality and quantity of the water supply will be required prior to the issuance of a building permit. The Department also will require that the septic system be enlarged to adequately serve the two residences. In addition, the Applicant shall apply to the Environmental Health Department for a woodstove/fireplace permit, prior to the issuance of a building permit. 3 . The Zoning Office has indicated that the employee unit consists of approximately 1 , 265 square feet of net livable floor area. Joanna Schaffner confirmed that the lot is 000004 � J conforming in size according to the AFR-10 zone district. STAFF COMMENTS: Section 3-1510 (B) of the Code, gives the Board the authority to approve an attached employee dwelling unit of up to 1500 square feet. The existing unit contains approximately 1, 265 square feet of livable area. The existing residence is located in a platted and approved subdivision and does not exceed the 15, 000 square foot maximum allowable FAR of the zone district. The proposal is in conformance with the standards of the Land Use Code including environmental standards and 1041 Hazard regulations. The proposal will not increase the impacts on the property or neighborhood, as the primary residence and employee unit have existed in their current configuration and use for approximately 15 years. The nearest neighbor is approximately 1500 feet from the subject residence/employee unit. The employee unit and the primary residence will be served by an improved septic system. Water will continue to be supplied to the unit by an existing private well . Adequate access, parking, and other essential services are available to the property. No additional visual impacts are anticipated as a result of the proposed action because there will not be a change in the use or physical character of the existing residential structure. ___._= he existing employee unit should be inspected for compliance with the Uniform Building Code, prior to the recordation of the deed restriction. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Ives Employee Dwelling Unit subject to the following conditions: 1< Within 30 days of approval by the Board of County Commissioners, the Applicant shall request an inspection of the existing employee unit by the Aspen/Pitkin Regional Building Department to assure compliance with the health and safety regulations of the Uniform Building Code. If outstanding UBC compliance issues are identified, said issues shall be rectified to the satisfaction of the Chief Building official within 90 days of the initial inspection. 2 . The Applicant shall record a employee dwelling unit deed restriction on the unit, pursuant to Section 3-1510 of the Code. The Applicant shall record the deed restriction within 30 days of final approval by the Building Department. 3 . The Applicant shall agree to pay the cash-in-lieu fee for an equal employee dwelling unit if found by the Board to be in default of the required employee dwelling unit deed restrictions. The equivalent cash-in-lieu shall be determined 000005 ir....r by amortizing the current price of an equivalent employee dwelling unit fee over thirty (30) year period to determine the daily cost of the unit. The daily cost shall be multiplied by the number of days that the unit was found to be in default by the Board to determine the equivalent cash-in-lieu fee. Fees, so collected, shall be applied to the Aspen/Pitkin County Employee Housing Fund. 4. The Applicant shall submit information documenting the location of the well and the quality and quantity of the water supply to the Environmental Health Department, prior to the issuance of a building permit. 5. The Applicant shall obtain a Septic Permit from the Environmental Health Department, prior to the issuance of a building permit. The Environmental Health Department will require that the Applicant enlarge the septic system to accommodate 5 bedrooms. 6. The Applicant shall obtain a fireplace/woodstove permit from the Environmental Health Department, prior to the issuance of a building permit. 7. The Applicant shall adhere to all material representations made in the application and in the public meeting. ATTACHMENTS: 1. Housing Office memo 2 . Environmental Health comments 3 . Zoning Office comments 4. Floor plan 5. Site Plan memo ives edu 000006 ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: County Attorney County Engineer Environmental Health Zoning Housing FROM: Rick Magill, Planning Office RE: Ives Employee Dwelling Unit Parcel ID #2467-253-00-021 DATE: August 17, 1994 Attached for your review and comments is an application submitted by Ray and Sandy Ives. Please return your comments to me no later than September 9. Thank you. 000001 MsesoRA>�p� TO: Rick Magill, Planning Office FROM. Cindy Christensen, Housing Office DATBi September 13, 494 RE: Ives Review for an Attached Employee Dwelling Unit Parcel ID No. 2467-253-00-021 ZJ=a The applicant is requesting to deed restrict an existing 1,500 square foot apartment in an exiting residence. SACKfiK0@fD: Per Section 3-1510, •B, of the Pitkin County Land Use Code, the Board of County Commissioners may approve one residential dwelling unit as follows: The applicant must damondrate to the satisfaction of the Board that ttte emplgree unit was completed mW in existence prior to June 8, 1981, and used as employee housing If the bandit unit is seven hundred(700)square feet or less,a"caretaker'deed restriction, as specified in Section 3-11511, shall be pled on the unit Should the bandit unit be ►ranter than seven hundred{70M square feel(which late once forthe lves),Wemployes dwelling unx deed restriction, as specified in section 3-1510,shall be placed on the unit. Because of the size of the unit, 1, 500 square feet, the unit will be classified as an employee dwelling unit. As specified in Section 3-1510, the applicant shall, by deed restriction or other permanent commitment running with the land, guarantee that the employee dwelling unit: a. Shall be required to be ranted for periods of no less than sic (8)months. Upon vaosincy of the unit, a WWbrd is panted ninety(I0 days in wMch to locate a qualified tenant. If no tenant is placed by the Andbrd,the Housing Authority may rent the unit to a qualified tenant. b. Mail not be occupied by the rimer,nor shall It be used as a guest house or guest facility. The unit may be occupied by members of the immediate family N they quart'as employees of the community pursuant to Housing Office Guidelines. C. Shall root be condominaanized or sold separately from the principal residence and property sitBf which a is associated. d. Maximum rental rates shall not exceed the Housing ALM" Category,3 level or sgWYaMnt. Employees shall be qualified by the AspeniNtkin County Housing Office as to employment only,and not maximum Income or asset limitations, e. peed reshictions shall require that property oamera provide annual verification that oat ma of employ"dwelling units quallfy as employees of Pitt County. Verification shill be provided to the Housing Office in a form acceptable to the Housing Office. 000008 'Nr/ L ErroWee dwelling unfi ra*icbons can be removed by a property owner,subject to the requiremaft toad the dwelling is romovbd or modified, and verified by the Planning Direder. If modified, the remaining inprovemeno must no ImW be capable of occupancy as a dwelling unit and must meet olhenWse applicable Code requirements. The applicant shall agree to abide by the conditions of approval for the employee dwelling unit . The applicant further agrees to pay the equivalent cash-in-lieu fee for an equal employee dwelling unit if found by the Board to be in default of the required employee dwelling unit deed restrictions. The equivalent cash-in-lieu fee shall be determined by amortizing the current price of an equivalent employee dwelling unit fee over a thirty (30) year period to determine the daily cost of the unit. The daily cost shall be multiplied by the number of days that the unit was found to be in default by the Board to determine the equivalent cash-in-lieu fee. Fees, so collected, shall be applied to the Aspen/Pitkin County Employee Housing Fund. RMCOIAMMI ON: The Housing Office recommends approving this request if the above conditions are met. Should the BOCC approve the employee dwelling unit, the Housing Office will request the calculation of the net: liveable mo footage of the unit for the deed restriction that will need to be recorded. Net liveable square footage is described as follows per the Aspen/Pitkin County Housing 1994 Guidelines: Is calwided on interior fiving area wd is measured interior wall to interior was,indtrcfing d interior parMons. Also included,but not limited to.habiabls basements and interior storage areas,closets and laundry area. 6rochasions arduds, but are not limited to,un'u:habtable basement,mechanical areas,eaterioratarege,stairwells,garages.(eMerattardled or detactted),patina,rocks and porches. Prior to building permit approval, the Housing Office requests a signed and recorded Deed Restriction stating the above conditions. A copy of the required Deed Restriction Can be obtained from the Housing Office. This process could take from three to four days. The Housing office must have the recorded book and page number prior to building permit approval, \.ors\fieferral\fives}t-cAu 2 000009 MEMORANDUM To: Rick Magill, Planning Office From: Betsey Kipp, Environmental Health Department i Through: Lee Cassin, Senior Environmental Health Officer a(c^G Date: Sept. 6, 1994 Re: Ives Employee Dwelling Unit Parcel ID #2467-253-00-021 The Aspen/Pitkin Environmental Health Department has reviewed the details of the Ives Employee Dwelling Unit application under the authority of the Pitkin County Code, Title II, and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205: "It is the policy of the county to ensure that land is not committed to any use and that no use is initiated without adequate evidence that a water supply of adequate quality, quantity, pressure and dependability is ! available to support the use intended." This Department needs adequate information on the quantity and quality of water available. This can be done from tests of wells present on-site by a water engineer's or well driller's report. The applicant must ensure that the water quality is acceptable by having it tested by a lab such as Snowmass Water and Sanitation. A condition of approval for this application is receipt of information documenting the location of the well and quantity/quality of the water from the well. SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200: "it is the policy of the County to ensure that land is not committed to arry use and that no use is initiated without adequate evidence that facilities to collect, treat and dispose of anticipated types and quantities of waste water are available or can and will be provided with suitable capacity, quality of discharge, suitable point of discharge and dependability". According to our records, the present sewage disposal system was installed in 1978 and sized to accommodate four bedrooms. The floor plans that were submitted with this application show five bedrooms. A condition of approval for the building permit will be that the present sewage disposal system is enlarged and that all setback requirements are maintained. 1 000010 WATER QUALITY IMPACTS: Sections 2-22 and 5-107 .2 : "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 lard 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 destruction 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 lard 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 only 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 Section 4-4 of the Pitkin County Sewage Regulations. AIR OUALITY: Sections 2-17 and 5-106: Only that development is permitted which will not contribute significantly to degradation of air quality in Pitkin County. Developments may not constitute an indirect or direct air pollution source. This project is not expected to contribute significantly to degradation of air quality in Pitkin County. The less densely populated parts of the county like Aspen River Valley Ranch may have one wood burning fireplace and one department certified device or two department certified devices per building. 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. The floor plans show two fireplaces and one woodstove in the building. Any remodeling that affects the firebox of either of the fireplaces will necessitate the conversion of one of the fireplaces to gas. Likewise, to meet current regulations, only gas appliances may be added to the employee dwelling unit. A condition of approval for any remodeling will be the receipt and approval of a fireplace/voodstove permit by the Environmental Health Department. 2 000011 CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-2 -at is the policy of the County to ensure that no use or development of land is permitted which is in violation of the Laws of the County, the State of Colorado, or the United States of America." This Department is not aware of any issues of concern regarding other environmental health laws. ... EMV:UP:LMm USE:IVES.EMPLOYEE.UMIT 3 0000i 2 M E M O R A N D U M TO: Rick Magill, County Planner FROM: Joanna S. Schaffner, County Zoning Officer DATE: August 22, 1994 RE: Ives Employee Dwelling Unit Parcel ID,$ 2467-253-00-021 I have reviewed the above referenced application and offer the following comments. ZONE: AFR-10, ten acre minimum lot size This parcel contains 14.26 acres and is conforming in size. SETBACKS: The required setbacks for this parcel are: 100 foot front yard setback 30 foot side yard setback 50 foot rear yard setback The existing residence lies outside of required setbacks. FLOOR AREA: This residence is permitted a total of 15, 000 square feet of floor area. The existing two story house contains approximately 4, 000 square feet of floor area. The proposed employee dwelling unit contains approximately 1,265 square feet of net livable floor area. This includes the area on the second floor located behind the stairs on the floor plan. It is not evident how this area is accessed or used. OTHER: In the event the unit is not approved and the residence must be converted to a single family residence, the applicant should be aware of the following: 1. A single family residence can contain no more than five bedrooms without Special Review approval. The Land Use Code defines a bedroom as "a room that can be used for sleeping, has closets and adjacent access to bath facilities" . 2. The kitchen in the illegal unit must be removed. ' The Land Use Code defines kitchen as "that portion of a structure which includes a stove, refrigerator, and sink" . 000013 l5A HQ)Y 2v �2 aL ';D v CCU_ _ cz� 00001.4 1048261 BOOR 598 PAGE685 F{I151T A 3 1 3 7 7 U PRUDENTIAL SILVIA DAVIS PITKIN CNTY RECORDER AUG ; i1 cl PM r89 Reece asw inn uie r'v ese>re�M wn� IXSSRUMLKT PRIPARID BY: " 100 SOUTH STR STREET DEED OF TRUST HIXKEAPOLIS, HINKLSOTA SS401 THIS DEED OF TR(:STf-Secumv Inswmell is made on.............. AUGUST 01 , if 1989.......among me granmr...............RAY T. IVLS.__AKD.._SAKDY IVZS ....................................._.........................................................._..........................................................................................................._.... ......................................_.............................................................___.........._...................._.............._........._..............................._..._...... ........._....................................................................................................................._................................................................................... ..................._................................................................................................................_........................._...................................._............ ........_..._....................._............._......................_......................._.................................._..._................................_.._.............................. ................_.............._..._. .................................. ("Borrower').the Public Trustee of..PZ2)CZ}I ..................._........ Colter,('Tnutee'L and the bma6aar). ..........................................................._._............_................................... THE PRVDLXTIAL ! ML MORTGAGE COMPAKY, IXC. ...................... ._._..._....._..........................................................._..........................._...._....._..... which is orgamred and exiting under the laws of...TM...SilTI OT._MLY.JL85LY_....... .and whose address is ............_......................._._........... __............ 8000 MAAYLAMD AVEKUE. SUITE 1400, CLAYTON, 17ISSOURI 53105 ('Lender'). ............................................................................................................................................................................ Bersowm owes Linder thepnnnpaisumof .TRO .KUKDAID SEVENTY-FIVE TKOUSAKD AHD ................................................................................................................. )IOi 100 Dothan(US.5................275,000.00 ............. ), This debt is mdm«d by Borrewer s now .. . .........................._.__._..._...._. dated the same dam as this Security Instrument("Note).which prowdes for monthly payments. with the full deb, if not id earlier.due and payable on .........................SLPTLMDLR 0 1 . .2019.............., This Security Instrument securer to Lender. (a)the repayment of the debt evidenced by the Now. with interest and all renewals. =a om and modifications: (b) the payment of all other sums. with interest. advanced under paragraph 7 to protect the security of thin Security Ins:- menC and (c)the performance of Rorrewer s covenants and agreements under this Security Imtrtmtent and the Note. 1 .is purpose. Borrower. in consideration allies debt and the trust hmain created. irrevocal ly grants and )` convent to 1 ruxee,m tsus,with power of sale.the followin described property P B P pertY looted in..................._...................................... _C ....._PI2KIlf..........................._.............................. County. Lolorado. LOT 8A, ASPEX RIVER VALLEY RAXCH, ACCORDIXG TO THE PLAT THEREOF RECORDED IX PLAT HOOK 11 AT PAGE 11 . COUXTY OF PITKIM, STATE OF COLORADO. PUBLIC TRUSTEE � F RLEAS O I 1992 PRKIN COUNTY THIS IS A PURCHASE HOMEY DEED OF TRUST THE MORTGAGORS) AGREE TO PAY A LATE PAYMLXT SERVICE CHARGE MOT TO EXCEED FOUR (4) CEXTS FOR EACH DOLLAR ($1.00) FOR EACH PAYNEXT MORE SHAH FIFTEEN (1S) DAYS IX ARREARS TO COVER THE EXTRA EXPEXSE IXVOLVED IX HAXDLIXG DELIMQUEXT PAYMEXTS. 2147 LORER RIVER ROAD SXOR MASS ' which her the address of................................................................................................. . ............................_................._.............. . ISeeNI low) .81654 ._ ('P Addresi); Colorado................. _.........__.............._. roPMY Ze tits TOGETHER WITH all the mmprovernmts now or henalter micud on the property, and all catemmts. rights, appurtmancva, rents, royalues. trimmed. oil and gas rights and profits, water rights and stock and all fuusrer now or f hereafter a part of the property. All raplacemmu and addiuom shall atso be covered by this Security Instrument. All of the f0milamg is l ideal a to in this Security Instrument as the'Property.' BORROWER COVENANTS that Borrower n lawfully teud of the mMM hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for aimcumbranCer of record. Borrower warrants and will defend generally the UUe to the Property against all claims and demands,subject to my encumbrances of record. THIS SECURITY INSTRUMENT combines uniform cavemnu for national we and non-aniform covenants with limited vis au ins by jurisdiction to comtrwM a uniform security instrument cavmng real property. 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U U U U U U 8 O p O � • W O y i v I SW A GOene street i Aspen,Cokeado 81611 920-6090 �/ eD-6�� LAND USE APPLICATION FEES a 1 / o CITY: y -63250-134 GMP/Conceptual 63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -MR011 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Sgnff. Devel. ' -63339-155 Demolition COUNTY: -63160.126 GMP/General j -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final -63220-132 All 2 Step Applications -63201 All 1 Stop Applications _ -63240-149 49 Staff royal e -53450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering-County 00115 -63340-163 Engineering-City 00123 -63340-190 Housing 00125 -63340.205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000.145 Other(Copy Fees) 000011 TOTAGL� Name: ✓-{%J Phone: 3 AdIress. / r Project: a -� i%Check M Date: /q</No of Oopias.- F I