HomeMy WebLinkAboutpitkin.planning.246734306002DOCUMENT 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)
•
tLW MI • •
PARCEL ID 2467- 343 - 06-002 'DATE RCVD: I - 1/24/1996 W PIES: 12 CASENO P011 -96
CASE NAME: Leavitt Caretaker Dwelling Unit Planners Suzanne Wolff
PROJ ADDR: 0472 Light Hill Rd Lot 3 Bilk 3 Fig 3 Gateway of Snowmass Mesa
I OWN /APP: Leavitt, Robert ADR P.O. Box 4891 C /S /Z: Aspen. CO 81611 PHN: 923 -0654 EP: ADR:F C /S /Z:F PHNF
Email Addr: ALLOCATED HOURS: -
FEES DUE: 235 FEES RCVD:F- % OVER: F
REFERRALS lZoninq, Housing, Env Health, Gatewav HOA
• REF: 1/30/1996 BY Suzanne Wolff DUE: 311/1996
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:
3/27/1996 BOCC No F
No
N�
REMARKS no vesting
BOCC Reso:
1
BOCC Ord:
PZ:
HRG OFF:
CLOSED: 4711996 BY: Rhonda Harris HO INDEX:
C111i
PLAT RECORDED PLAT (BK,PG): n/a ADMIN INDEX: I
VR APPROVAL DATE: F- VR EXPIRES:
CASE TYP: Caretakeer Dwelling Unit (CDU) CASE TYP5:
CASE TYP2: 3ate ASE TYP6:
CASE TYP3: ASE TYP7: CASE TYP4: D Scanned: 12116/2011
File Location: OFF Box #211
CW ` OAD SUMMARY SHEET - PITKIN-" =OUNTY
DATE RECEIVED: 1/24/96
DATE COMPLETE:
PARCEL ID # 2467 - 343 -06 -002
PROJECT NAME: Leavitt Caretaker Dwelling Unit
CASE # P 11 -96
STAFF: Suzanne Wolff
Project Address: 0472 Light Hill Road
APPLICANT: Robert Leavitt
Address/Phone: P.O. Box 4891 Aspen, CO 81612 923 -0654 (home & fax)
REPRESENTATIVE: Same
Address/Phone:
FEES: PLANNING
$235
# APPS RECEIVED 12
ENGINEER
$0
# PLATS RECEIVED
HOUSING
$0
ENV HEALTH
$0
TYPE OF APPLICATION:
CLERK
$0
One Step
TOTAL
$235
REFERRALS
❑ County Attorney
❑ County Engineer
\/,[,Zoning
✓6 Housing
V IE]] Environmental Health
❑ Sheriff
❑ Land Management
❑ Risk Manager
❑ Airport Manager
❑ Floodplain Administrator
❑ Open Space Board
DATE REFERRED: 3 J
❑ Aspen Fire
❑ Basalt Fire
❑ Carbondale Fire
❑ Aspen Water
❑ Aspen P &Z
❑ Clean Air Board
❑ ACSD
❑ Rocky Mtn Natural Gas
❑ Holy Cross Electric
❑ Aspen School District
❑ Other:
INITIALS: 5:/J DATE DUE: 311
APPROVAL: Resolution/Ordinance # 1 1 4 — Date: -3
Staff/Hearing Officer Approval Date:
Plat/Site Plan Recorded Book Page
CLOSED/FILED DATE:
ROUTE TO:
INITIALS:
❑ CO State Forest Service
❑ CO Division of Wildlife
❑ CO Geological Survey
❑ CO Div of Water Resources
❑ US Forest Service - Aspen
❑ US Forest Service - Sopris
❑ CDOT
❑ BLM
❑ Caucus:
V'Z Homeowners' Association-
El Other: Gc k V " '
uucuul o� 31
392618 05/13/96 11:56( 'G 1 OF 2 - REC DOC
S?LVIA DAVIS PIT :)_:q COUNTY CLERK & RECORDER - 0.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY COLORADO, GRANTING APPROVAL TO THE
LEAVITT CARETAKER DWELLING UNIT
Resolution No. 96- aW
UCC
RECITALS
1. S. Robert Leavitt, hereafter "Applicant ", has applied to the Board of County Commissioners
of Pitkin County, Colorado, hereafter "Board ", for approval of a caretaker dwelling unit pursuant to
Section 3- 150.130(B) of the Land Use Code.
2. The Applicant's lot is zoned R -30 and is approximately 1.06 acres in size.
3. Said parcel is located at 0472 Light Hill Road, and is described as Lot 3, Block 3, Filing 3,
Gateway of Snowmass Mesa Subdivision.
O
4. The Applicant proposes to deed restrict a caretaker dwelling unit pursuant to Section 3-
150.130(B)(3) of the Land Use Code.
5. The Board heard this application at a regularly scheduled meeting on March 27, 1995, at
which time evidence and testimony was presented with respect to the application.
:� 6. The Board finds that the proposed caretaker unit complies with the criteria established in
y
Section 3- 150.130(B) of the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant
approval to the Leavitt Caretaker Dwelling Unit application subject to the following conditions:
Prior to issuance of a building permit, the applicant shall provide a letter of intent from the
Gateway of Snowmass Mesa Subdivision approving the additional water usage for the unit
to the Environmental Health Department.
392196 04/29/96 03:31P PG 1 OF 2 REC DOC UCC
3ILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 0.00
i; Li CJu2
392618 05/13/96 11:56A 2 OF 2
I
Resolution No. 96,_ J ,� Q
Page 2
2. Prior to issuance of a building permit, the applicant shall record a caretaker dwelling unit
deed restriction with the Housing Office.
3. The caretaker dwelling unit shall be limited to 700 square feet of net livable area.
4. The applicant shall adhere to all material representations made in public hearings and in the
application.
APPROVED AND ADOPTED ON THE 27th DAY OF MARCH, 1996.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATTEST:
Jearktte Jones
Deputy Clerk and Recorder
APPROVED AS TO FORM:
John Ely,
County Att
By �,� —�,_
es R. Tine, Chairman
Date % / -I /- 9�
AS TO CONTENT:
Cindy Houben,
Community Development ctor
4 4,pprovan
slwxases\cdu l'69WiED, FIRST READ, 4 4W S E X BLISi'QQE W40* * AT THE REGULAR MEETING ON
THE DAY OF m &,jA, . 1996.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE "DAY OF
996.
APIRO AFTER SECOND READING AND PUBLIC HEARING ON THE
DAY OF 1996.
PUBLIS D AFTER ADOPTION IN THE ASPEN TIM FS ON THE _ DAY OF 1996.
392196 04/29/96 03:31p'IPG 2 OF 2
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY COLORADO, GRANTING APPROVAL TO THE
LEAVITT CARETAKER DWELLING UNIT
Resolution No. 96 -1q
RECITALS
S. Robert Leavitt, hereafter "Applicant ", has applied to the Board of County Commissioners
of Pitkin County, Colorado, hereafter "Board ", for approval of a caretaker dwelling unit pursuant to
Section 3- 150.130(B) of the Land Use Code.
2. The Applicant's lot is zoned R -30 and is approximately 1.06 acres in size.
3. Said parcel is located at 0472 Light Hill Road, and is described as Lot 3, Block 3, Filing 3,
Gateway of Snowmass Mesa Subdivision.
4. The Applicant proposes to deed restrict a caretaker dwelling unit pursuant to Section 3-
150.130(B)(3) of the Land Use Code.
The Board heard this application at a regularly scheduled meeting on March 27, 1995, at
which time evidence and testimony was presented with respect to the application.
6. The Board finds that the proposed caretaker unit complies with the criteria established in
Section 3- 150.130(B) of the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant
approval to the Leavitt Caretaker Dwelling Unit application subject to the following conditions:
Prior to issuance of a building permit, the applicant shall provide a letter of intent from the
Gateway of Snowmass Mesa Subdivision approving the additional water usage for the unit
to the Environmental Health Department.
390196 04/29/96 03:31P PG 1 OF 2 REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 0.00
0U0 C1 0Al
6u
UCC
Resolution No. 961 y
Page 2
2. Prior to issuance of a building permit, the applicant shall record a caretaker dwelling unit
deed restriction with the Housing Office.
3. The caretaker dwelling unit shall be limited to 700 square feet of net livable area.
4. The applicant shall adhere to all material representations made in public hearings and in the
application.
APPROVED AND ADOPTED ON THE 27th DAY OF MARCH, 1996.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATTEST:
jlL1
Jearktte Jones
Deputy Clerk and Recorder
APPROVED AS TO FORM:
John Ely,
County Att
nes; R. True, Chairman
Date % / — //— 9�
AS TO CONTENT:
Cindy Houben,
Community Development i ector
a.pprov4rn
slw:cases\cd t}u g}1p4*WED. FIRST READ, AifD.f;BT 11 n t° T T A PE AT THE REGULAR MEETING ON
THE DAY OF M lL,k*–i . 1996.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE DAY OF
996.
R ADOPTED AFTER SECOND READING AND PUBLIC [-TEARING ON THE _
DAY OF 1996. vq
PUBLIS D AFTER ADOPTION IN THE ASPEN TIMES ON THE _ DAY OF 1996.
39196 04/29/96 03:31P PG 2 OF 2
6UC".1U5
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting - March 27, 1995
THRU: Cindy Houben, Community Development Directo "A
FROM: Suzanne Wolff, Planning Office (V
RE: Leavitt Caretaker Dwelling Unit Review
REQUEST: The applicant requests approval to convert an existing bedroom into a caretaker
dwelling unit of approximately 450 square feet of net livable floor area, pursuant to Section 3-
150.130 of the Pitkin County Land Use Code.
APPLICANT: S. Robert Leavitt
LOCATION: 0472 Light Hill Road; Lot 3, Block 3, Filing 3, Gateway of Snowmass Mesa
Subdivision
ZONING/LOT SIZE: The lot contains 1.06 acres and is non - conforming in the RS -30 zone
district.
WATER/SEWER: The property is serviced by the Gateway of Snowmass Mesa Subdivision
water system. The existing septic system is of adequate size to accommodate the caretaker unit.
REFERRAL AGENCY COMMENTS are attached.
Environmental Health: The Environmental Health Department requires a letter of intent
from the Gateway of Snowmass Mesa Subdivision approving the additional water usage for
the unit.
2. Zoning: The Zoning Officer notes that the proposed caretaker unit is located within the
existing residence and does not affect the allowed height, floor area or setbacks for the
parcel. The Gateway Subdivision has been incorrectly identified since 1977 on the County
Zoning maps as being zoned RS -30; by Resolution No. 75 -28 the subdivision is zoned R -3C
(see attached memo from Francis Krizmanich dated June 27, 1995). Based on the zoning
map, staff has considered the subdivision to be zoned RS -30. However, Section 3- 20.20(C)
of the Land Use Code states, "In the event of a conflict between the Official Zone District
Map and a resolution of the Board of County Commissioners amending the map, the
resolution shall prevail." The Board's approval is required to allow a caretaker unit on a
nonconforming lot in the RS -30 zone district; however, if the property is considered to be
zoned R -30, the caretaker unit could be approved by the Community Development Director
since the lot is conforming in that zone district. Since the subdivision has been represented
in the past as being zoned RS -30, staff has proceeded with this application to the Board.
3. Homeowner's Association: Allen Adger, representing the Gateway of Snowmass Mesa
Subdivision Property Owners Association, states that the Association is opposed to any
applications for caretaker units in the subdivision because "Gateway Subdivision does not
have, and has not applied for, adequate water to supply caretaker units in the subdivision."
Mr. Adger also notes that the subdivision's covenants do not allow caretaker units. The
covenants state: "No building shall be erected, altered, placed or permitted to remain on
any lot other than one single - family dwelling and a private garage...."
4. Housing: The Housing Office stated a concern that the unit did not appear to have a private
entrance or natural light. Staff has verified that the unit is located in a walk -out basement
with a separate entrance and has two windows providing natural light. Based on
compliance with those issues, Housing recommends approval of the caretaker unit, subject
to recordation of a deed restriction for the unit and submittal of a copy of the actual floor
plans of the unit showing the net livable square footage to the Housing Office prior to
building permit approval.
STAFF COMMENTS:
Compliance with Section 3- 150.130(B) of the Land Use Code
Pursuant to Section 3- 150.130(B) of the Code, the Board may permit a caretaker dwelling unit of
700 square feet or less within the principal residence in the RS -30 zone district under the following
conditions and limitations:
The total floor area of the principal and caretaker unit shall not exceed the allowable FAR
of the applicable zone district;
Response: A maximum floor area of 15,000 square feet is currently allowed in the RS -30 zone
district. The floor area of the residence, including the caretaker unit, is within the maximum
allowed.
2. There shall be provided one off -street parking space for each bedroom in the caretaker unit.
Response: Off - street parking is provided for the caretaker unit.
3. The applicant shall deed restrict the unit to comply with the caretaker unit deed restriction
pursuant to Section 3- 150.130 (B)(3) of the Land Use Code.
Response: The applicant has agreed to deed restrict the caretaker unit in accordance with County
regulations.
ULjUJu7
4. The dwelling unit deed restriction may only be removed upon approval by the Board of
County Commissioners.
Response: The applicant agrees to comply with this restriction.
Greg and Pam Keran, adjacent property owners, oppose approval of the caretaker unit. Their
concerns include inadequacy of the water system and the impact of additional traffic on the road,
which is maintained by the Homeowners Association. The Kerans state that the subdivision has
experienced water outages in the past, and although the water system was recently upgraded, it is
not adequate to accommodate additional use, other than that required to service unbuilt lots. (Letter
attached).
In response to the concerns of the Homeowners' Association and the adjacent owners, staff makes
the following comments:
The subdivision's covenants allow "one single - family residence ", but do not specifically prohibit
caretaker units. The Land Use Code defines "Single- Family Dwelling Unit" as "an individual
detached residential dwelling that is designed and intended to house one family at a time..."
"Family" is defined as "2 or more persons related by blood or marriage ... or not more than 5
unrelated persons occupying the same dwelling unit." Since the caretaker unit is located within the
residence, staff would argue that the caretaker unit would not be considered a separate residential
unit.
The Association states that water rights for caretaker units are not included in the Augmentation
Plan. The applicant must obtain a letter of intent from the Gateway of Snowmass Mesa
Subdivision approving the additional water usage for the unit prior to issuance of a building permit
for the unit. The applicant will have to resolve this issue with the Association in order to construct
the unit.
The Kerans are concerned that the caretaker unit would increase traffic. Since the applicant
proposes to convert an existing bedroom to a caretaker unit, staff would argue that impacts on the
road would be minimal.
RECOMMENDATION: Staff recommends approval of the request subject to the conditions
noted in the attached Resolution.
UUGibi
Attachments
1. Housing Office memo
2. Environmental Health Department Memo
3. Zoning Office memo
4. Agenda Item Summary to the Board from Francis Krizmanich dated June 27, 1995
5. Letter from Allen Adger, Gateway of Snowmass Mesa Homeowners Association
6. Letter from Greg and Pam Keran Z w whi�� �� Cww t IKRR•
7. Application
slw: cases \cdu\Ieaviu\memo
rd
ULjGJU )
MAR 01 1 96 09 :06AM ASPEN HOUSING OFC
MEMORANDUM
TO:
Suzanne Wolff, Community. Development Dept.
FROM:
Cindy Christensen, Housing Office
DATE:
March 1, 19869
RE:
Leavitt Caretaker Dwelling Unit Review
Parcel ID No. 2467 - 343 -06 -002
P.1
ISSUE The applicant is requesting to add a complete kitchen and bathroom in the
basement of his home and deed restrict to a caretaker dwelling unit.
13ACKGROUND According to the Pitkin County Land Use, Section 3- 150.130 B, with
regards to "Other Caretaker" units, the Board may permit Caretaker Dwelling Units up
to 700 square feet under the following conditions:
The applicant shall by dead restriction or other permanent commitment running
with the land, guarantee that 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 be)
employees of the community under such guidelines as may be from time to time
established by said Authority; be rented for terms not less than six (6) months
ff rented. The caretaker dwelling unit may be occupied by members of the
immediate family even though they may not quality as employees of the
community. "immediate Family" shaff mean a person related by blood or
marriage who is a first cousin (or closer relative) and his or her children.
RECOMMENDATION Staff 'cannot, at this time, recommend approval. After reviewing
the plans, it is too hard to tell if the unit has a private entrance, which is a requirement.
There also has to be natural light going into the unit. If the applicant shows that there
is a private entrance into the unit, that this unit is a totally private unit, and the unit
contains natural light, the following would need to apply to be approved:
A caretaker dwelling unit deed restriction be recorded before building permit
approval,
2. The kitchen must also meet the following criteria; contain a minimum of a two -
burner stove with oven, standard sink, and a 6'-cubic foot refrigerator with freezer.
3. Floor plans of the caretaker unit be provided before building permit approval.
Uut,j10
G 0
To: Suzanne Wolff, Community Development Dept.
From: Betsey Kipp, Environmental Health Departmentbv
Date: February 20, 1996
Re: Leavitt.Caretaker Dwelling Unit
Parcel ID # 2467 - 343 -06 -002
The Aspen /Pitkin Environmental Health Department has reviewed the
details of the application under the authority of the Pitkin
County Code,Title II Land Use Code and has the following
comments.
"It is the policy of the County to insure the availability of a water supply of adequate quality, quantity,
pressure and.dependability for fire protection 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."
This property is serviced by the Gateway to Snowmass Mesa
Subdivision water system. Although the application shows minor
changes to the use of the water supply system, this Department
will require a letter of intent from the Gateway Association
approving the additional water usage.
A condition of approval will be a letter from the Gateway
to Snowmass Mesa 'water district,verifying
the ability to service this application.
"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."
U0G,011
G d
Lots in the Gateway to Snowmass Mesa area are served by
individual sewage disposal systems.. This Department issued a
septic permit in February 1995 and inspected the installation in
May 1995. The system was sized for a 5 bedroom home which
included the bedroom on the basement level. The P.itkin County
sewage regulation requires that sewage disposal systems are sized
according to the number of bedrooms An a dwelling. Since the
caretaker unit is attached to'the main residence, no additional
sewage disposal capacity will be required for the kitchen..
There is no condition of approval related to sewage
disposal.
"It is the policy of the County to preserve and protect its present water resources, recognizing the County's
semi -arid character and that.significant transmountain and transbasrn diversions and the vested rights of
senior appropriators in the basin have materially curtailed the availability of an already scarce water
resource. 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 destruction of wildlife habitat, or major expenditures to
reacquire or redistribute malor 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 is charged with preserving
and protecting the quality of Pitkin County's water resources.
Since a large percentage of the population is dependent upgn
water from wells, elimination of groundwater pollution, and
protection of aquifers and their drainage areas are of utmost
importance. Roofs - and asphalt driveways can be nonpoint sources
of water discharge which can contaminate water supplies, This
Department recommends that nonpoint sources of discharge must 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.
Surface water and groundwater contamination can also be caused,by
inadequate setback distances from sewage disposal systems to
proximate wells, rivers, creeks, ponds, and reservoirs. Minimum
horizontal distances between components of a sewage disposal
system and physical features must be in accordance with the
tiuC�712
I
Pitkin County Sewage Regulation. This Department reserves the
right to require water quality sampling at the homeowner "s
expense.
There is no condition of approval.
"only that development is permitted which will not contribute significantly to degradation of air quality.
This project is not expected to contribute significantly to.
degradation of air quality in Pitkin County.
A certified woodstove was permitted for the living room in the
home. No indication was made with this application that any other
device.will be used. The applicant will be required to file a
fireplace /woodstove permit with this Department should this
option be considered.
There is no condition of approval at this time.
"It is the policy of the County to ensure that no use or development of land is permitted which is in violation
of the laws of the County, the State of Colorado, or the United States of America."
This Department is not aware of any issues of concern regarding
other environmental health laws.
EN :WP: LAND USE:
iiuu�li3
M
M E M O R A N D U M
TO: Suzanne Wolff, Planning
FROM: Joanna S. Schaffner, Zoning Officer
DATE: February 12, 1996
RE: Leavitt Caretaker Dwelling Unit
Parcel ID# 2467 - 343 -06 -002
I have reviewed the above referenced application and offer the
following comments.
ZONE:
By resolution, this parcel is zoned R -30. Historically, the
Gateway Subdivision has been considered RS -30, as (incorrectly)
indicated on the zoning maps.
This parcel contains approximately 1.06 acres and is conforming for
the R -30 zone district (30,000 sq ft minimum lot size) , but is non-
conforming in the RS -30 zone district (30 acre minimum lot size).
The proposed caretaker unit is located within the existing
residence and does not affect height, far or setbacks.
The proposed caretaker unit contains approximately 450 square feet
of net livable floor area.
Is the applicant proposing the attached regrading plan and parking
area? These have not been reviewed for purposes of this caretaker
application.
AGENDA ITEM SUMMARY
Im
TO: Board of County Commissioners
Work Session - June 27, 1995
THRU: Suzanne Konchan, Community Development Directo
FROM: Francis Krizmanich, Deputy Director
RE: Gateway of Snowmass Mesa Subdivision - Zoning Correction
ISSUE: The Zoning staff discovered an error on the adopted County
Zone District maps for Gateway of Snowmass Subdivision. The
subdivision was zoned R -30 in 1975 by Board Resolution No. 75 -28
(attached). The unsubdivided properties in the Snowmass /Capitol
Creek areas were zoned RS -160. Those areas zoned RS -160 were later
rezoned to RS -20 and RS -30 by Board Resolution No. 77 -33
(attached). It appears that when the Zone District maps were
amended, the "Gateway" Subdivision was included in the RS -30 zone
district.
The correct R -30 zoning requires a minimum lot size of 30,000
square feet and establishes a floor area ratio (FAR) . The lots in
Gateway range in size from one to three acres; these lots conform
to the requirements of the R -30 zone. The RS -30 zone requires a
minimum lot size of 30 acres and contains no FAR restrictions.
RECOMMENDATION: The staff recommends correcting the Zoning Map for
this subdivision. Because of the length of time that this error
has existed (18 years) , the staff recommends that the Board hold
first and second readings of a zoning correction ordinance, which
would include notice to the homeowners and a public hearing.
iiuV;:li5
r , ` ..
FEB 1 4
ALLEN H ADGER Y� =
PO BOX 646
174 MIDLAND AVENUE, SUITE 204
BASALT, COLORADO 81621
WRIGHT & ADGER
LAW PARTNERSHIP
201 NORTH MILL STREET, SUITE 1W
ASPEN, COLORADO 81611
BASALT TELEPHONE: 970- 927 -9090
BASALT FAX 970 - 927 -0077
PLEASE REPLY TO BASALT OFFICE
13 February 1996
Aspen/Pitkin Community Development Department
Attn: Ms. Suzanne Wolff, Planner
130 South Galena Street
Aspen, Colorado 81611
Re: Leavitt Caretaker Dwelling Unit, Parcel ID # 2467 - 343 -06 -002
Dear Ms. Wolff:
I have reviewed your memorandum of January 28, 1996 regarding the Leavitt
application. Gateway of Snowmass Mesa Subdivision Protective Covenants, recorded at
Book 240, Page 513, Reception Number 134982, Pitkin County Property Records, do not
allow for Caretaker Units in the Subdivision. ARTICLE III, Paragraph 2 states:
'No building shall be erected, altered, placed, or permitted to remain on any
lot other than one single family dwelling and a private garage....... (see excerpt
included with this correspondence).
Additionally, the water attorney for Gateway, Mr. Brian Stowell, has applied for an
Augmentation Plan on behalf of Gateway. This Augmentation Plan includes water
engineers' reports that do not include water supply or water rights for caretaker units in the
subdivision.
Gateway Subdivision does not have, and has not applied for, adequate water to
supply caretaker units in the subdivision. For these reasons, please be on notice that
Gateway of Snowmass Subdivision Property Owners Association must oppose any
application for caretaker units in the subdivision.
gatewa}+,PrrCOLEA.LTR
UUu._3! v
WRIGHT & ADGER
13 February 1996
Page 2
Thank you for your attention to my letter response to this application.
sincerely,
WRIGHT & ADGER LAW PARTNERSHIP, LLP
By:
Allen H. Adger
Enclosure
cc: Joe Raczak, Treasurer - GSMSPOA
gatewayTITCOLEA.LTR
rM
3, I •ction Inaction by t:e cc:: tOctural Cc- aittee for ..:C:r
thirty (30) �:.ys after complete archizcctuzal plans have bean sLbmi Lted
shall be deemed approval,
4, L.npeal The decision of the Architectural Committee will be
subject to review by the lot owners, meeting as a body, each person having
one vote, such meeting to be called b the Architectural Coriiittee with ten
days written notice (to known address or last known address if not known)
upon petitior. containing 507. of the signatures of such lot Owners to the
Architectural Committee. Decisions at such appeal meeting to be decided by
a two - thirds vote of the members present and present by proxy.
A PTICLE III -- L4ND USAGE
1. Residential Use Only No lot shall be used except for residential
purposes. No lands within the Gateway of Snowm.ass Mesa subdivision shall be
occupied for or used for any commercial or business purpose, or for any
hospital, sanitorium, public theatre, bar, restaurant, church, club, enter-
tainment place, lodge, or eleemosynary institution, ;iowcver, the corporation
may, until final sale of tracts, maintain a sales office in the subcivision,
2. �, " .b er or B;nldin o n aci Lot. Yo build - Lig s' - Iall be erected,
altered, p!a Cea, or periIli Li. to :eLain or, any rot Outer t. ^.an OGe sin1L- =..IDi iy
dwelling and a private garage for not Wore than three (3) cars. No outside
toilets, trailers, or mobile homes shall be allowed on any property, except
that a mobile home may be used as a residence during the period o£ initial
construction of a residence on such property, provided that such occupancy may
not continue for a period in excess of six (6) months.
0. No i2ining, Drillinf or Ouarrvi; :do mining, dcarrying, _ aaeilin„
excavating, or drilling for any substances within the earth, including gas,
oil, minerals, sand, gravel, rock, and earth, shall ever be permitted wit`.in
the limits of Citcway of Snow. ^.ass Mesa,
4. Nuisances Ne noxious or offensive activity shall be car^ cd on
upon any lot, nor shall anyt :.ing be core thereon may be or ..ay
an annoyance or nuisance to the neighborhood.
5. Signs No signs, billboards, or advertising structures of any
kind may be erected or displayed except for a single "for sale" or "for rent"
sign not to exceed two square feet in size.
6, Animals No animals, livestock, or poultry of any kind shall be
raised, bred, or kept on any lot for commercial purposes. However, ordinary,
small household pets such as dogs and cats may be kept.
7. Ward and Trash Restrictions. All tracts shall be kept free of
rubbish, trash, litter, and abandoned or obsolete chattels. All clothes lines,
equipment, service areas, woodpiles, or storage areas on any lot shall be kept
March 20, 1996
o�
Aspen/Pitkin County Development Department
130 S. Galena Street
Aspen, Colorado 816111
Re: Pitkin County Account #00113
Dear Members:
We are writing to protest Mr. Robert Leavitt's impending action to acquire a permit to
build a ca#akers unit on his single- family dwelling lot in the Gateway Mesa Subdivision. The
Protective Covenants of Gateway of Snowmass Mesa Subdivision of Pitkin County, Colorado
state under Article H - Land Usage:
"2. Number of Buildings on Each Lot. No building shall be erected, altered, placed, or
permitted to remain on any lot other than one single -family dwelling and a private garage for not
more than three (3) cars. No outside toilets, trailers, or mobile homes shall be allowed on any
property, except that a mobile home may be used as a residence during the period of initial
construction of a residence on such property, provided that such occupancy may not continue for
a period in excess of six (6) months."
In addition to the convenants, the current water system (which was just recently upgraded
at great expense) for the subdivison cannot provide for additional houses. Even when original
build -out of the subdivision occurs (80 houses/lots), our water system will be severely taxed and
capacity levels exceeded. The impact of any additional usage would result in water system
failure. Every year at the annual meeting (and in each quarterly assessment billing), the water
system is discussed and everyone is urged to conserve water. Mr. Leavitt is fairly new to the
subdivision and has not experienced a 5 -7 day water outage. It is not something to be taken
lightly, and those of us who have experienced it, and call this subdivision our permanent home,
feel very adamantly about protecting its existence.
We feel that allowing the caretaker unit would not only impact the water system greatly,
but it would also create more traffic on the road (the upkeep, paving, grading, snowplowing, etc.,
of which the homeowners are also financially responsible). If Mr. Leavitt is allowed to build such
a caretaker unit, for re -sale purposes or rental income, then all lot owners would want to do the
same. The water system and the road can just not adequately handle this burden. We urge you
not to allow this precedent to occur.
R bmtt Pam Keran
U UGtOi�i
1%1
Cecelia & David Zumwinkle
P.O. Box 263 ;
Snowmass, CO 81654
Y
March 22, 1996 5 1Q��+ a
t
Aspen/Pitkin County Development Department
130 S. Galena St. r
Aspen, CO 81611 i
Re: Pitkin County Account #00113
S. Robert Leavitt
Dear Members:
We are writing to protest Mr. Robert Leavitt's impending action to acquire a permit to
build a caretakers unit, on his single - family dwelling lot, in the Gateway Mesa Subdivision.
Mr. Leavitt built a home next to us with the intention of selling it immediately. He has
never experienced 5 to 10 day water outages and has no reason to worry since he does not
plan on living here long term. We would all like to build an accessory unit to rent out for
added income but the water system barely can service the lots that are built on now, with
only single family dwellings. We, who have made Gateway our home, take the water
usage problems very seriously and feel we need to protect the system we have. Running
out of water is a DRAG.
Please consider this very carefully and don't allow one home owner to negatively impact
the entire existence of the subdivision.
Thank you for your consideration.
ncerely,
Cecelia & David Zumwinkle
UU�r�ILJ
SENT BY;Xerox Telecopier 7020 3 -27 -86 ; 1:42PM ; THE GANT� +870 820 b438
L ,
Molly Campbell
614 Light Hill Road
Snowmass, CO
March 27, 1996
Board of County Commissioners
Pitldn County
do Pitkln Counly Planning Office
130 S. Galena Street
Aspen, Colorado 61611
RE: Robert Leavitt Residence, Piddn County A=unt #00113
Dear Commissioners-.
I am writing to protest Mr. Robert Leavkre impending action to acquire a permit to build a
caretakers' unk on his single- family dwailing in the Gateway Mesa Subdivision. I have three
major concerns:
1. The Protective Covenants of Gateway of Snowmass Mesa Subdivision limit
construction on each tot to one single -family dwelling. I believe that the covenants
should be respected.
2. The subdivision has an existing very serious water problem that the homeowners
association is trying to address through various water augmentation alternatives.
The ounwt water system is inadequate during the drier months for the existing
build -out with some lots still vacant. Homeowners ere asked to voluntarily restrict
water during certain periods. Additional caretaker units on one or more lots (as
other homeowners take advantage of this opportunity) will severely and adversely
impact the water availability and the quality of life for all homeowners. Further, the
water situation could deteriorate more dramatically if additional upstream use,
such as snowma0l; at the Snowmarla ofd area, further arodes the flow in
Snowmass creek
3. Lowy an emotional issue, b an important one. The Gateway Mesa Subdivision,
Wong with subdivisions like Little Elk Creek, is one of the few remaining residential
subdivisions that is ooc upied totally by fun time residents and employees and their
families. It is concerning tome that the subdivision with the addition of various
caretaker units could become a non-resident, non- occupied subdivision, and that
the community would lose this resource. I might feet ditrentiy on this issue If the
caretaker unit were deed restricted for employes housing, required to be occupied
by an em ploy", and controlled by the housing office, but the water problems
would still be an overriding concern and would not be mitigated by the addition of
employee housing. I truly believe that we should protect our rematrift resident
occupied subdivisions where ever they are.
0 G,:J1)1
SENT BY :Xerox Telecopier 7020 ; 3 -27 -86 ; 1 :43PM THE GANT� +870 820 5438;
Board of County Commissioners
Page Two
In summary, the existing Infra -structure In the Gateway Subdivision cannot adequately handle
the impacte of eddRiona{ development, and I wand urge you to deny the appliaaW.
Thank you for your diligence and thoughtfulness.
l
city ro
3
UUCJ22
.9_ Rnhart Lanvitt
Tefthone 970.923 -0854
Fax 9704V234)654
P.O. Bon 4891
Aspen, CO 61612
To Whom It May Concern-
I wish to add a complete kitchen to the finished bedroom and bathroom in the
b . cwwaa�.aa -- Il en t 4'...... 11G. 1n,,+.A ..4 0411 T IM,4 7 11 A r1 !'!.,t Te�o�•-
va uiy .�uae IUv Vu "k v u .L I < Li &A. a�vau i1 vua�.vruy i. �O"
Snowmass. As pursuant to Code 3- 150.130 Section B, the Unit is under
seven hundred square feet (attached) and has a.separate entrance and parking
place. Furthermore, I have reviewed and understand the additional
restrictions of the Caretaker Dwelling Unit. Please let me know if any
additional information is required.
Thank you,
UU'U"JA
0 COLD- 3006 -C -1,
Fhis is hereby certified to
4 E , a true and certified cc
--1h ,tL6wart Title of Aspens Ink,
(Space Above This Line Far Recording Data]
DEED OF TRUST
Ir
THIS DEED OF TRUST ( "Security Instrument ") is made on DECEMBER 04, 1995 atuong the grantor,
S. ROBERT LEAVITT, A SINGLE PERSON
( "Borrower "), die Public Trustee of PITKIN
NORWEST MORTGAGE, INC.
County ( "Trustee "), and the beneficiary,
which is orgatuzed and existin under the laws of THE STATE OF CALIFORNIA , and whose
address is NORWEST MORTGAGE INC.,, P.O. BOX 5 13 7, DES MOINES, IA
503065137 ( "Lender "). Borrower owes Lender the principal suns of
TWO HUNDRED THREE THOUSAND ONE HUNDRED FIFTY AND 00 /100
Dollars (U.S. ' "'203,150.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security las[ruu n[ om ), which provides for
monthly payments, with the full debt, if not paid earlier, due and payable on JANUARY 01, 02
This Security Instrument secures to Lender: (a) die repayment of the debt evidenced by the Nut ,with in rest, and xIt renewals.
extensions and modifications of the Note; (b) the payment of all other sums, wits interest, dean d under paragraph 7 to
protect Elie security of this Security Instrument: and (c) the performance of Borrower's L0VCIUIII1s and aereenhents under this
Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created,
irrevocably grants and conveys to Trustee• in trust, with power of sale, the following described property located in
PITKIN County, Colorado:
LOT 3, BLOCK 3, GATEWAY OF SNOWMASS MESA SUBDIVISION, FILING
NO. 3
COUNTGY OF PITKIN
STATE OF COLORADO
TAX STATEMENTS SHOULD BE SENT TO: NORWEST MORTGAGE INC., P.O.
BOX 5137, DES MOINES, IA 503065137
which has the address of 0472 LIGHTHILL ROAD, SNOWMASS VILLAGE IStrccl. Cilh 1
Colorado 81615 [Zip Cudel ( "Property Address"):
COLORADO- Single Family - FNMA /FHLMC UNIFORM
INSTRUMENT Form 1191 IIIIIIIIIIIIII III IIIIII (III (III (III
- 6RIC01 182091.01 Amended ended 5191
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CERTIFICATE OF MAILING
RE: LEAVITT CARETAKER DWELLING UNIT
I hereby certify that on this 21st day of February, 1996, 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 Community Development Department by the
applicant in regard to the case named on the Public Notice.
By: Suzanne Wolff
Administrative Assistant
frm.mailing
U 0 1N) "12 7
PUBLIC NOTICE
RE: LEAVITT CARETAKER DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 27, 1996
at a regular meeting to begin at 5:00 pm before the Board of County Commissioners, District
Courtroom, 506 E. Main St., Aspen to consider an application submitted by S. Robert Leavitt
requesting approval of a caretaker unit within an existing residence. The property is located st 0472
Light Hill Road, and is described as Lot 3, Block 3, Filing 3, Gateway of Snowmass Mesa
Subdivision. For further information contact Suzanne Wolff at the Aspen/Pitkin Community
Development Department (970) 920 -5093.
s /James R. True, Chair
Board of County Commissioners
Published in the Aspen Times on February 24, 1996
Pitkin County Account 00113
UUL .I0, .)
S. Robert Leavitt
Tekph" 970.8234)854
Fax 970-9234)654
P.O. Box 4891
A$W. CO 81612
ADJACENT PROPERTY OWNERS
Mr. & Mrs. Eric Carman
0555 Light Hill Road
Snowmass, CO 81654
JBJN Limited
911 Sixth Avenue
Ft. Worth, TX 76104
Mr. & Mrs. Robert Zumwinkle
P.O. Box 263
Snowmass, CO 81654
Mr. & Mrs. Michael Kiernan
P.O. Box 9342
Aspen, CO 81612
W. & Mrs. Doug MacKenzie
P.O. Box 3533
Aspen, CO 81612
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611 Y
(303) 920 -5090
City Land Us(
00 113- 63850 -041
- 63855 -042
- 63860 -043
- 63875 -046
- MR01 I
Application Fees:
Deposit
Flat Fee
HPC
Zoning& Sign Permit
Use Tax
County Land Use Application Fees:
00113- 63800 -033
Deposit
- 63805 -034
- 63820
Flat Fee
��'
-037
Zoning -- -
- 63825 -038
Board of Adjustment —
Referral Fees:
00 113 -63810 -035
001 15- 63340 -163
001 23 - 63340 -190
0 0125- 63340 -205
0011 -63815 -036
Sales:
001 13- 63830 -039
- 69000 -145
I f V'
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
County Code
Copy Fees
Other
N ame: �Y-4 a rl-�-
Address:
Phone:
Total 2 5
Check:oZ�
Case No: Ii
No. of Copies