HomeMy WebLinkAboutpitkin.planning.246734400588 (5)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
PARCEL ID: 2467- 344 -00 -588 DATE RCVD: 1 2/16/1996 # COPIES: 21 CASE NO P023 -96
CASE NAME: Burke GMQS Exemption & Special Review for Affordable Housing Unit Planners Ellen Sassano
PROJ AODR: 2262 Snowmass Crk Rd S -T -R 34 -8 -86
O WN /APP: Burke, Shelley ADR 2262 Snowmass Cree CJS /Z: Snowmass Creek, C PHW 927 -4280
P:1 ADR:F--— CIS/Z:7 PHN:7
Email Addr: I ALLOCATED HOURS:-
FEES DUE:— FEES RCVD:1-- % OVER:
IFERRALS Attorney, Zoning, Housing, Env Health, Snowmass /Capitol Creek Caucus
REF: 2/29/1996
BY Rhonda Harris DUE: 4/5/1996
li DATE REV BODY PH NOTICED DATE OF FINAL ACTION:
5/2871996 P &Z No F
BOCC Reso:
BOCC No
F—
F I No F—
80CC Ord:
REMARKS no vesting
PZ:
HRG OFF:
CLOSED: 12/18!1996 By: Seraina McCarty
HO INDEX:
ADMIN:
PLAT RECORDED PLAT (BK,PG):
n/a ADMIN INDEX:
VR APPROVAL DATE: 7—
VR EXPIRES:7
CASE TYR: FM — QS Exmeption, Special Review f CASE TYP5:
CASE TYP2: CASE TYPE:
CASE TYP3: CASE TYP7:
CASE TYPO: Date Scanned: 12/1612011
File LOcatiori Box #211
CASE" 1AD SUMMARY SHEET - PITKIN 1UNTY
DATE RECEIVED:
DATE COMPLETE:
PARCEL ID #
PROJECT NAME:
Project Address:
APPLICANT:
Address/Phone:
"K,110
2467 - 344 -00 -588
CASE # P 23 -96
STAFF: Ellen Sassanc
Burke GMQS Exemption & Special Review for Affordable Housing Unit
2262 Snowmass Creek Road
Shelley Burke
2262 Snowmass Creek Road Snowmass, CO 81654 927 -4280
REPRESENTATIVE: Same
Address/Phone: Same ELLEN WILL CHECK WITH CINDY REF FEES WAIVED!!!
FEES: PLANNING $9- : # APPS RECEIVED 21
ENGINEER $0 # PLATS RECEIVED
HOUSING $0
ENV HEALTH $0 TYPE OF APPLICATION:
CLERK $0 Two Step
TOTAL $-0-2 ^ t a t�
Review Body
Nleeting Date
Public Hearing ?
REFERRALS
County Attorney
❑ County Engineer
Zoning
Housing
Environmental Health
❑ Sheriff
❑ Land Management
❑ Risk Manager
• Airport Manager
• Floodplain Administrator
❑ Open Space Board
DATE REFERRED: � 1,.
❑ 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:
Homeowners' Association
❑ Other:
❑ 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: DATE DUE:
i
APPROVAL: Resolution/Ordinance # 9b • .2 4L Date: s '
Staff/Hearing Officer Approval Date:
Plat/Site Plan Recorded Book , Page
CLOSED/FILED DATE:
ROUTE TO:
uucjoi o-' ys'
4G,"v7653 01106/1997 11:-'CA P6 I OF 5 REC DOC NOT ��
SILVIA DAVIS PITKIN C^' M CLERK & RECORDER 0.00
Resolution No. 96 - IY6
Page I
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
9L'�
COUNTY, COLORADO, GRANTING APPROVAL OF THE BURKE s
J
GMQS EXEMPTION AND SPECIAL REVIEW FOR AN AFFORDABLE I
W
HOUSING UNIT �C
a
Resolution No. 96- A `( 0 °
i
V;
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RECITALS
1. Shelley Burke (hereafter "Applicant ") has applied to the Pitkin County Board of
County Commissioners (hereafter `Board ") for Special Review approval and a GMQS
Exemption to fully deed restrict an illegal "bandit" dwelling unit to comply with affordable
housing guidelines.
2. The Burke property is located on 2262 Snowmass Creek Road, more specifically
described in Exhibit "A," attached. It is zoned RS -30 and contains approximately 70
acres.
3. The Burke parcel contains a 3,200 square foot primary residence, a 680 square foot
bam/tack room and a 1,488 square foot employee caretaker dwelling unit which was
constructed in 1993.
4. The Board of County Commissioners granted 1041 approval for the two bedroom
employee dwelling unit on the Burke - property pursuant to Resolution No. 93-46. The
employee dwelling was approved as a two bedroom unit to house not more than four
occupants.
5. The building permit that was issued for the unit approved one two -story single
family residence with an upper and lower level floor plan. The main level contained a
bedroom, bathroom, kitchen, living room and dining room. The lower level contained a
bedroom, bathroom and a family /rec room which contained a bar sink. Approved plans
indicated an interior staircase from the main level to the lower level.
Subsequent to the issuance of a Certificate of Occupancy for the unit, a 220 electric line and
stove was added, and 188 square feet of (non - habitable) storage space was converted to
(habitable) office space on the lower level. These improvements were made without
permits. Interior access to the lower bedroom was not constructed as it had been depicted
OUG002
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Resolution No. 96 -zo
Page 2
on approved plans. An exterior stairway was constructed to access the lower unit. The main
and lower level units were rented out as two separate units.
6. Having reviewed the application at a regularly scheduled public meeting on May
28, 1996, the Planning Commission recommended approval of the application to the
Board of County Commissioners.
The Board considered the request at its regularly scheduled meeting of September
25, 1996, at which time evidence and testimony were presented with respect to this
application.
8. The Board finds that there will be an overall community benefit resulting from the
addition of a fully deed restricted category unit on this property, and that the request is
generally in compliance with applicable sections of the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of
County Commissioners that it does hereby grant approval of the Burke GMQS
Exemption and Special Review for an affordable housing unit subject to compliance with
the following conditions:
The Applicant shall adhere to all material representations made in the application
and in the public meetings.
2. Within 30 days of the Board approval, the applicant shall file a Category 3 price,
income and occupancy deed restriction for the bandit unit with the Housing Office,
and revise the deed restriction for the voluntary employee dwelling unit to reflect
that occupancy of that unit shall be limited to two employees (rather than four,
originally contemplated for a two bedroom unit). The voluntary employee dwelling
unit shall be fully deed restricted commensurate with the Category 3 rental rates,
income and occupancy guidelines identified in the Housing guidelines in effect at
the time of deed restriction. Current floor plans for both units shall be submitted to
the Housing Office upon filing of the deed restrictions.
3. Within 30 days of the Board approval, the applicant shall apply for required permits
to address the following building and electric Code violations: The change in use
from storage (non habitable space) to office (habitable use); the installation of 220
electric for the stove; and the separation of one unit into two units, (which requires
UUUJ03
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Resolution No. 96 - 1 2 Y Q
Page 3
proper fire separation). The kitchen in the bandit unit shall also be reviewed and/or
inspected to ensure that it meets the minimum requirements for a kitchen as defined
in the Housing Authority Guidelines. All deficiencies identified by the Building
Inspector and Housing Office shall be corrected within 90 days of the inspection.
4. All material representations made in the application and in public meetings shall be
adhered to.
APPROVED AND ADOPTED ON THE 25TH DAY OF SEPTEMBER,
1996.
BOARD OF COUNTY COMNUSSIONERS,
PITKIN COUNTY, COLORADO
BY
James R. True. Chairman
BATE 10-(x
M
Jones, Deputy Cl`Ek & Recorder
uuG,004
400653
01/06/1997 PG 4 OF 5
Resolution No. 964P `
Page 4
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
ParcellD# 2467- 344 -00 -588
Case# P23 -96
I/f5j4b XI. */CE A^A /3N<
APPROVED AS TO FORM:
John Ely, County Attorney
/. /r-4L
UU61US
#155578 04/06/93 10: Rea S.00 SK 708 PG 6
Silvia Davis, Pitkin Cnty Clerk, Doc S.00
400653 01/06/1997 11:22A PG 5 OF 5
1=1 14
ivR P56 41ZIPTl0K1:
A TRACT OF LAND BEING SITUATED IN THE NORTH EAST OF SECTION 3 TOWNSHIP 9
SOUTH RANGE 86 WEST AND THE SOUTH EAST OF SECTION 34 TOWNSHIP 8
SOUTH RANGE 86 WEST OF THE 67H P.M. PITKIN COUNTY COLORADO.
I�iGl�Li.Y D!~:G R7i�ED AS FOLLGW�
BEGINNING AT THE NORTH EAST CORNER OF. SAID DESCIBED PROPERTY. WHENCE A.P
OF TRACT 62 BEARS N 00'17'39' W 422.00 FEET.
THENCE 3 00'47'39' E 1087.75 FEET:
THENCE S 44 W 230.00 FEET: _
THENCE S 30 E 331.37 FEET:
THENCE S 00'47'35' E 323.33 FEET:
THENCE S 02 E 90.56 FEET:
THENCE S 02'28'10' W 238.39 FEET:
THENCE S II 0 06'08' W 323.24 FEET:
THENCE N 68'52'45' W 1708.10 FEET:
THENCE N 25 W 313.59 FEET :.
THENCE N 29'11'05' E 919.99 FEET:
THENCE N 21.42'50' E 237.23 FEET:
THENCE N 81.50'59' E 142.65 FEET:
THENCE N 29.11'24' E 618:10 FEET:
THENCE N 88.17'14' E 792.65 FEET TO THE POINT OF BEGINNING CONTAINING
70_1579 ACRES MORE OR LESS.
G Ub t tJ0
4
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - September 25, 1996
THRU: Cindy Houben, Community Development Director
FROM: Ellen Sassano, Senior Planner
RE: Burke GMQS Exemption and Special Review for an Affordable Housing
Unit
REQUEST: The applicant requests Special Review approval and a GMQS Exemption to
fully deed restrict an illegal "bandit" dwelling unit to comply with affordable housing
guidelines.
APPLICANT: Shelley Burke
APPLICANT'S REPRESENTATIVE: Shelley Burke
LOCATION /ZONING: The Burke property is located on 2262 Snowmass Creek Road.
It is zoned RS -30 and contains approximately 70 acres.
BACKGROUND:
• The Burke parcel contains a 3,200 square foot primary residence, a 680 square foot
barn/tack room and a 1,488 square foot employee caretaker dwelling unit which was
constructed in 1993.
• The Board of County Commissioners granted 1041 approval for the two bedroom
employee dwelling unit on the Burke property pursuant to Resolution No. 93 -46
(attached for reference). The employee dwelling was approved as a two bedroom unit
to house not more than four occupants.
• The building permit that was issued for the unit approved one two -story single family
residence with an upper and lower level floor plan. The main level contained a
bedroom, bathroom, kitchen, living room and dining room. The lower level contained a
bedroom, bathroom and a family /rec room which contained a bar sink. Approved plans
indicated an interior staircase from the main level to the lower level.
• Subsequent to the issuance of a Certificate of Occupancy for the unit, a 220 electric line
and stove was added, and 188 square feet of (non - habitable) storage space was
converted to (habitable) office space on the lower level. These improvements were
made without permits. Interior access to the lower bedroom was not constructed as it
had been depicted on approved plans. An exterior stairway was constructed to access
Ouch
0
the lower unit. The main and lower level units were rented out as two separate units.
Staff became aware of the bandit unit as the result of a call from a citizen.
PROCEDURE/PROCESS: Rather than remove the illegal unit, the applicant wishes to
leave it intact and to fully deed restrict it to affordable housing price, income and
occupancy guidelines. An additional unit which is fully deed restricted may be allowed
on any parcel, subject to Special Review, pursuant to Section 3- 150.110 of the Land Use
Code. The review standards merely require that the unit comply with Category 1 -4
income and occupancy standards. Such units are exempt from growth management. This
is a Two -Step Review; requiring Planning and Zoning Commission review and a public
hearing before the Board of County Commissioners.
ISSUES:
The attached Staff memorandum to the PlanniJommission contains a complete
analysis of the application. The following is a summary of the principal issue(s).
1. Special Review - A Special Review Use may be approved by the Board if the use
is found to comply with several regulations and criteria. Compliance with pertinent
criteria is reviewed below.
Compatibility with Character of the Surrounding Neighborhood - The use is not out of
character with the surrounding neighborhood which consists of low density residential,
agricultural and BLM lands. In terms of visual impacts, there will be no change to the
exterior of the structure, which was sited as a result of the 1041 Review approved by the
Board in 1993. Parking for both units will be accommodated on -site, and will
consequently have no impacts on neighbors. While impacts to the County Road may be
somewhat increased by approval of the second unit (as compared to road impacts of one
unit with two bedrooms), the impacts of the increase should be negligible, given the
capacity of Snowmass Creek Road. The application was referred to the
Snowmass /Capital Creek Caucus, and no comments have been received to date.
2. Options - On this particular site, there are few material impacts associated with
the addition of the bandit unit, given that the number of bedrooms and occupants are
restricted to two and four respectively, regardless of the number of units. Given that the
unit will be fully deed restricted affordable housing, there will be some Community
benefit to retaining it. Nonetheless, the applicant blatantly violated several Land Use
Code and Building permit regulations. At least two options exist for resolution of the
issue:
1. The Board may direct the applicant to remove the second unit and the office space
(permanently); or
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M
2. The Board may approve the bandit unit and the office space subject to the correction
of Building Code and Housing Guideline violations, and subject to full deed restriction of
the unit for use as affordable housing.
3. The Board may require that both units be fully deed restricted to Category guidelines.
A representative from the Housing Office will be present at the meeting to answer any
questions which may arise regarding the current status of the units and/or regarding
housing guidelines.
W {� W j
RECOMMENDATION:
Given the community benefit of a fully deed restricted unit, the Planning Commission
recommends approval of the second option, subject to the conditions in the attached
resolution. Staff recommends that if the second unit is approved, that the category for the
unit be low enough to assure that the combined rental income (for both units) gained by
the applicant is equal to i ther than more thanthe rental income associated with the
single unit approved by he Board. For ea
unit out at a category 3 r ntal rate, the ain
a Category 2 rate, so tha there is no
the second unit.
of
CJ,,-,c. 4e,
plo X -go
ier than renting one two - bedroom
be required to rent both units out at
%e associated with illegally creating
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ellen Sassano, Senior Planner
RE: Burke GMQS Exemption and Special Review for an Affordable Housing
Unit
DATE: May 28, 1996
APPLICANT: Shelley Burke
APPLICANT'S REPRESENTATIVE: Shelley Burke
REQUEST: The applicant requests Special Review approval and a GMQS Exemption to
fully deed restrict an illegal "bandit" dwelling unit to comply with affordable housing
guidelines.
LOCATION /ZONING: The Burke property is located on 2262 Snowmass Creek Road.
It is zoned RS -30 and contains approximately 70 acres.
BACKGROUND:
• The Burke parcel contains a 3,200 square foot primary residence, a 680 square foot
barn/tack room and a 1,488 square foot employee caretaker dwelling unit which was
constructed in 1993.
• The Board of County Commissioners granted 1041 approval for the two bedroom
employee dwelling unit on the Burke property pursuant to Resolution No. 93 -46
(attached for reference). The employee dwelling was approved as a two bedroom unit
to house not more than four occupants.
• The building permit that was issued for the unit approved one two -story single family
residence with an upper and lower level floor plan. The main level contained a
bedroom, bathroom, kitchen, living room and dining room. The lower level contained a
bedroom, bathroom and a family /rec room which contained a bar sink. Approved plans
indicated an interior staircase from the main level to the lower level.
• Subsequent to the issuance of a Certificate of Occupancy for the unit, a 220 electric line
and stove was added, and 188 square feet of (non - habitable) storage space was
converted to (habitable) office space on the lower level. These improvements were
made without permits. Interior access to the lower bedroom was not constructed as it
had been depicted on approved plans. An exterior stairway was constructed to access
the lower unit. The main and lower level units were rented out as two separate units.
Staff became aware of the bandit unit as the result of a call from a citizen.
REFERRAL COMMENTS:
Referral comments are briefly summarized below:
1. Environmental Health - The existing sewage disposal system was installed in
1993 and designed for a capacity of two bedrooms or four people. No
improvements will be necessary to accommodate the second unit.
Staff recommends that prior to the Board meeting the applicant provide a copy of
the well permit issued for the property to confirm that the permit was issued for up
to three residences. If the permit was issued for only one residence, the applicant
may have to get a new permit from the State Division of Water Resources.
2. Housing - The Housing Office indicates that the two units are currently occupied by
two couples, both approved by the Housing Office and on yearly leases. Cindy
Christensen recommends approval of the affordable housing unit subject to a deed
restriction for Category 3 housing. Ms. Christensen also notes that current floor
plans for both units must be submitted to the Housing Office upon filing of the deed
restriction.
3. Zoning - Joanna Schaffner forwards the following comments:
• The west elevation plan submitted with the application indicates that the grade
has been manipulated not in accordance with the approved plans, so that the
structure now exceeds the accessory height limit by at least 3 -4 feet at the roof
midpoint. Staff recommends that the applicant correct the violation to the
satisfaction of the Zoning Office and the County Attorney within 30 days of
approval of the application.
• The change in use from storage (non habitable space) to office (habitable use);
the installation of 220 electric for the stove; and the separation of one unit into
two units, (which requires proper fire separation), must all be reviewed for
compliance with the UBC and will require additional permits. If the unit is
approved, the kitchen must also be reviewed to ensure that it meets the
minimum requirements for a kitchen as defined in the Housing Authority
Guidelines. Staff recommends that the applicant apply for required permits
within 15 days of approval of the application.
L ) LiL)J 1 2
STAFF COMMENTS
Section 3- 150.110 - GMQS Exemption for Dwelling Units Restricted to Affordable
Housing Price Income and Occupancy Guidelines Located Outside ofAH Zone
Dwelling units which are restricted to the affordable housing price, income and category
occupancy guidelines established by the Aspen/Pitkin Housing Authority are exempt
from Growth Management pursuant to Section 3- 150.110 of the Land Use Code. An
additional dwelling unit which is so restricted may be allowed on any parcel, subject to
Special Review approval.
Section 3 -210 - Special Review
A Special Review Use may be approved by the Board if the use is found to comply with
several regulations and criteria. Compliance with pertinent criteria is reviewed below.
Compatibility with Character of the Surrounding_ Neighborhood - The use is not out of
character with the surrounding neighborhood which consists of low density residential,
agricultural and BLM lands. In terms of visual impacts, there will be no change to the
exterior of the structure, which was sited as a result of the 1041 Review approved by the
Board in 1993. Parking for both units will be accommodated on -site, and will
consequently have no impacts on neighbors. While impacts to the County Road may be
somewhat increased by approval of the second unit (as compared to road impacts of one
unit with two bedrooms), the impacts of the increase should be negligible, given the
capacity of Snowmass Creek Road. The application was referred to the
Snowmass /Capital Creek Caucus, and no comments have been received to date.
Section 7 -20.30 -Enforcement Procedures
Pursuant to Section 7 -20.30 D.2 of the Land Use Code, no land use approvals may be
granted while there are any Land Use Code or Building Code violations on the property.
Consequently, violations must be remedied prior to the Board of County Commissioner's
hearing of the application.
SUMMARY/RECOMMENDATION
On this particular site, there are few material impacts associated with the addition of the
bandit unit, given that the number of bedrooms and occupants are restricted to two and
four respectively, regardless of the number of units. Given that the unit will be fully deed
restricted affordable housing, there will be some Community benefit to retaining it.
Nonetheless, the applicant blatantly violated several Land Use Code and Building permit
regulations. At least two options exist for resolution of the issue:
1. The Board may direct the applicant to remove the second unit and the office space
(permanently); or
buG"J12
2. The Board may approve the bandit unit and the office space subject to the correction
of Building Code and Housing Guideline violations, and subject to full deed restriction of
the unit for use as affordable housing.
Staff recommends approval of the second option, subject to the following conditions:
1. Prior to Board of County Commissioners approval, the applicant shall provide
the following information and correct the following violations:
A copy of the well permit issued for the property shall be provided to the
Community Development Department to confirm that the permit was
issued for up to three residences; or if the permit was issued for fewer
than three residences, the applicant shall provide documentation from
the State Division of Water Resources indicating that a revised permit
may be issued to accommodate the third residence.
The applicant shall file a Category 3 price, income and occupancy deed
restriction for the bandit unit with the Housing Office, and revise the
deed restriction for the voluntary employee dwelling unit to reflect that
occupancy of that unit shall be limited to two employees (rather than
four, originally contemplated for a two bedroom unit). Current floor
plans for both units shall be submitted to the Housing Office upon filing
of the deed restriction.
The applicant shall correct the accessory building height violation to the
satisfaction of the Zoning Office and the County Attorney.
The applicant shall obtain required permits to address the following
building and electric Code violations: The change in use from storage
(non habitable space) to office (habitable use); the installation of 220
electric for the stove; and the separation of one unit into two units,
(which requires proper fire separation). The kitchen in the bandit unit
shall also be reviewed and/or inspected to ensure that it meets the
minimum requirements for a kitchen as defined in the Housing
Authority Guidelines.
2. All material representations made in the application and in public meetings shall
be adhered to.
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1,
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY COLORADO, GRANTING 1041 AND GENERAL SUBMISSION
APPROVAL FOR THE BURKE EMPLOYEE DWELLING UNIT
Resolution No. 93 - �7
RECITALS
1. Shelly Burke, hereinafter "Applicant ", has applied to the
Board of County Commissioners of Pitkin County, Colorado,
hereinafter "Board ", for 1041 Hazard Review and General Submission
approval for an employee dwelling unit pursuant to Sections 5 -400,
18 -2.5, and 3- 8.13(b) of the Pitkin County Land Use Code.
2. The Applicant's lot is zoned RS -30 and is approximately 70
acres in size.
3. Said parcel is specifically described in Exhibit "A ".
4. The Applicants propose to construct a 1,500 square foot
detached unit and deed restrict it in accordance with Ordinance
5. The Planning and Zoning Commission heard this application at
a regularly scheduled meeting on January 19, 1993 and recommended
approval, with conditions, to the Board of County Commissioners.
6. The Board heard this application at a special meeting on March
30, 1993, at which time evidence and testimony was presented with
respect to this application.
7. The Board determined that the proposed employee unit meets the
criteria established in the applicable Code sections listed in item
1 above.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby grant 1041 Hazard Review and General Submission approval
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Resolution No. 934/6
Page 2
to the Burke Employee Dwelling Unit application subject to the
following conditions:
1. Prior to building permit application, the applicant shall
record a 24 x 36 inch mylar 1041 Review site plan which meets
the approval of the Planning office and County Attorney.
a. The following 1041 Hazard Review warning shall be noted
on the Plat:
"The provisions of these regulations do not in any way
assure or imply that any areas outside of designated
hazard areas will be free from hazards, or that approved
mitigation measures will guarantee the safety of any
property."
2. Plans for drainage and building foundation shall be reviewed
and certified by a Colorado registered professional engineer.
Said plans shall be submitted at building permit application.
3. Drainage and erosion control plans shall be approved by the
County Engineer prior to building permit application.
4. At building permit application the applicant shall show
compliance with the following slope mitigation measures:
a) Cuts shall not be made into slopes steeper than 30
percent unless mechanical support is provided.
b) Cuts and fills shall be confined to the minimum area
needed for construction.
C) Steepness of cut and fill slopes shall be the maximum
which will ensure stability and still allow revegetation.
d) Development plans shall show reasonable but adequate
erosion control measures. Such measures shall include the
use of silt fencing or hay bales during construction to
prevent entering Snowmass Creek.
e) Mulches or other temporary cover shall be used on exposed
soil areas during construction and vegetation shall be
reestablished in disturbed areas within one growing
season of final approval of the requested land use
actions.
5. Utilities shall be extended underground.
6. The applicant shall comply with County air quality and
lighting standards in effect at the time of building permit
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i
issuance.
7. At building permit application the applicant shall show
compliance with the following wildfire mitigation measures as
recommended by the Colorado State Forest Service, Basalt Fire
Chief, and County Emergency Coordinator:
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Resolution No. 93-y(�
Page 3
8.
9.
a) A 10 foot perimeter around all structures shall be clear
of tall grass and brush. The grass in this perimeter
shall be kept mowed and only small plants or shrubs shall
be used for landscaping.
b) Vegetation shall be reduced to break up the vertical and
horizontal continuity of fuels a minimum of 30' perimeter
around the structure. Within the 30 foot perimeter,
spacing between clumps shall be minimum of two times the
height of the fuel. Maximum diameter of the clumps shall
be two times the height of the fuel. All measurements
should be from the edges of the crowns of the fuel.
C) All.branches shall be pruned from trees and brush
within the 30' perimeter to a height of 10' above
the ground and ladder fuels shall be removed around
trees and brush.
d) All branches that extend over the roof eves or are within
15' of a chimney shall be trimmed.
e) The access drive shall meet the minimum County driveway
standards.
f) The address shall be clearly marked and visible from
the roadway with minimum 2 letters.
g) There shall be an on -site water storage tank of not less
than 2,000 gallons with a Fire Department connection
accessible by roadway and near the structure to be
occupied;
i) Non - combustible roof materials including tile, asphalt,
metal or Class B Certi -Guard (registered brand name) Red
Label shakes and shingles utilizing Class B construction
techniques (1/2 inch minimum solid sheathing) or better,
shall be required for all structures.
The following measures shall be complied with to minimize
impacts to wildlife:
a) No vegetative change shall be permitted within the
riparian area adjacent to Snowmass Creek, except for that
required for wildfire mitigation as recommended by the
Colorado State Forest Service, Basalt and Rural fire
District, and the Pitkin County Emergency Management
Coordinator.
b) All dogs shall be kenneled.
Septic system and well design and location shall be approved
by the Environmental Health Department prior to building
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Resolution No. 9346
Page 4
permit application.
10. The proposed building shall meet all other requirements of the
Pitkin County Land Use Code including height limitations.
11. Prior to issuance of a building permit, the applicant shall
record a deed restriction on the property pursuant to Section
3- 8.13(b) of the Land Use Code.
12. Prior to leasing the unit, the applicant shall notify the
Housing Office and have the perspective tenant complete the
required qualification forms and submit those to the Housing
Office for approval.
13. All material representations made in the application and in
public meetings shall be adhered to.
14. The Applicant should consider granting a fishing easement
along Snowmass Creek. Said easement should encompass the area
from the centerline of the Creek to a point 5 feet above the
high water line on both sides of the bank. The easement should
be delineated on the 1041 Plat.
APPROVED AND ADOPTED ON THE 30TH DAY OF MARCH 1993
1
ATTEST:
'Jeanette Jones/
Deputy Clerk and Recorder
J
APPROVED AS TO FORM:
Timothy E.
County Att
�b.i.m.
BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUXTY, COLORADO
By
Da
APPROVED AS TO CONTENT:
Suz n e Ron i an,
couxity Plann Director
U .i i
EXHIBITS
A APPLICATION
B ZONING REFERRAL COMMENTS
C ENVIRONMENTAL HEALTH REFERRAL COMMENTS
D HOUSING OFFICE REFERRAL COMMENTS
UUi,JI3
EXHIBITS
A APPLICATION
B ZONING REFERRAL COMMENTS
C ENVIRONMENTAL HEALTH REFERRAL COMMENTS
D HOUSING OFFICE REFERRAL COMMENTS
0U(,,. ) 1')
Pitkin County Application for GMOS Exemption and Special Review for Affordable Housing
Unit owned by Shelley Burke, 2262 Snowmass Creek Road, Snowmass, CO, 81654
Submitted with this application:
1) General Warranty Deed as proof of ownership. The property has not merged with any
adjacent tract of land, though a lot line adjustment was made with an adjacent property in
January, 1992, with County approval. The lotline adjustment survey was conducted by Alpine
Surveys inc., Carbondale, CO, Reception # 340908, Book 28, p.4. The current land
configuration is shown on the submitted vicinity map.
2) Site plan showing location of unit and its proximity to the residence, barn , creek and driveway
which is the access to the unit. The unit sits back 1000 ft. from Snowmass Creek Rd. Also a
vicinity map and a W. elevation drawing of the unit.
4) Letter describing request. Designated areas of code are addressed below.
6) 20 copies of application, 2 copies of warranty deed, one copy of adjacent owners list with
addressed envelopes.
Areas of Code addressed:
3 -210 Special Review
A 1,2, &3 This special review is consistent with the applicable County Master Plan, County Land
Use Policies in Article 2 and the intent of the Zone District.
4 The character of the immediate neighborhood is agricultural. One side of the 70 acre site
borders BLM land. Horses are pastured on the land in front of the EDU structure.
B The existing structure has been found by the BOCC to be in harmony with the surrounding
area and this request has no additional impact on the immediate property or any surrounding
properties.
C It has also been determined that there are adequate public facilities and services for this unit by
the initial approval process. This unit has been approved for 4 persons and there will be no more
than 4 persons occupying the two separate units.
D Thus there will be no added impact on public welfare or adjacent properties.
E Burke agrees to submit an annual statement attesting to the continued conformance of the use
to the conditions of the permit.
3- 150.110
This request would legalize an existing dwelling unit which would be deed restricted to
Affordable Housing Price, Income and Occupancy Guidelines, subject to this Special Review.
4 -60.20
These procedures have been discussed with Ellen Sezano of the Planning Office and are being
followed.
112 911
5 -50.10
This request falls under Group I development application - N. Growth Management Quota
System Exemption for Construction of Dwelling Units Restricted to Affordable Housing Price
and Income Guidelines Located Outside of A H Zone District
5 -50.20
This letter is submitted by the owner Shelley Burke, 2262 Snowmass Creek Road, Snowmass,
CO, 81654. 970 -927 -4280
The legal description on the warranty deed and a vicinity map are submitted with this application.
SuS (3 a
) As N
000021
a
Letter describing request for legalization of existing bandit unit into an EDU with full deed
restrictions.
On April 5, 1993, the BOCC granted a 1041 and general submission approval for a two bedroom
employee dwelling unit on a 70.16 acre parcel of land owned by Shelley Burke. Other buildings
on this acreage are a 3200 sq. ft. residential unit and a 680 sq. ft. barn/tack room. This EDU was
approved and built with an outside staircase and an upper and lower level floor plan. (See west
elevation drawing.) The upper level of 832 sq. ft. is totally private with one bedroom and bath,
living and dining space, a full kitchen, a 10 ft. deck overlooking Snowmass Creek and a front
porch and entrance with Elk Mt. range views. The lower level of 686 sq. ft. has one bedroom and
bath, living area with refrigerator and sink, a 10 ft. deck overlooking Snowmass Creek and a
private entrance using the outside staircase. At the back of this lower level is a 476 sq. ft. storage
space /utility room. Subsequent to the approval and CO of this unit, a stove was added and 188
sq. ft of the storage space was converted into an office in the lower level.
Because this EDU was approved and constructed with an outside staircase, this unit is best suited
for the housing of 2 employee couples, each in their own private unit. It is not suited for just one
family needing two bedrooms since the only access to the lower bedroom is on the outside of the
building. Currently 2 employee couples are occupying the space and all 4 people are on an
approved lease filed with the housing authority. I feel the county's employee housing needs
would be best served by allowing the lower level unit to be legalized as a separate EDU with full
deed restrictions.
There is adequate on -site parking for four cars adjacent to the structure, an approved septic
system constructed in 1993 for the structure and an on -site approved well which serves this
structure as well as the main residence. There have not been nor are planned any outside or
structural changes to the existing EDU in order to convert it into the two units as described.
Including the office, the lower level unit would have 874 sq. ft. The actual use of the structure
would not change by legalizing the lower unit, since there will be no more than the allowed
number of four people in the unit, nor would there be any additional impact upon the land and
neighborhood.
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Sot ° 55�a2'� E go.SG
J iie plati �'or
To: Rhonda Harris, Community Development Dept.
From: Betsey Kipp, Environmental Health Department U�
Date: April 3, 1996
Re: Burke GMQS Exempt'�)n 411spec,ial Review for Affordable
Unit
Parcel ID # 2467 - 344 -00 -588
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.
__ • _ • • • • • •]:i ^i_V�ial a�lg1?!•bY Y�.L� •�Fi I/IGIFFR :MMOI IPMA
"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."
An existing well on the property provides potable water for the
main residence and the bandit unit.
There is no condition of approval.
"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."
A separate sewage disposal system for the bandit unit was
installed in 1993 and approved by this department. The system was
designed for a capacity of two bedrooms or four people. Although
there are instances where office space is considered as a
potential bedroom and the sewage disposal system is sized
accordingly, the deed restrictions for this unit will not allow
for more than four people.
There is no condition of approval.
"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 transbasin 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 major water resources. It is also the policy of the County to maintain a natural
vegetative buffer along its surface waters such that the surface and groundwaters of the area are not
encroached upon by land uses or other human activities which could cause deterioration of water quality or
impair the natural treatment processes provided by meadows and wetlands."
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.
There is no condition of approval.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -70:
"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.
ENV:WP:LAND USE:
UU"-.-,7
MRR 26 1 96 04 :13PM
P.1
MEMORANDUM
ella, S.
TO: Rhonda Harris, Community Development Dept.
PROM: Cindy Christensen, Housing Office
DATE: March 25, 1996
RE: Burke GMQS Exemption and Special Review for an LOU
Parcel ID No. 2467- 344 -00 -588
ISSUE The applicant is requesting approval to legalize an existing dwelling unit which would be deed
restricted to Affordable Housing Price, Income and Occupancy Guidelines.
13ACKQROUND On April 5, 1993, the BOCC granted a 1051 and general submission approval for a two -
bedroom employee unit. This EDU was built with an outside staircase and an upper and lower level floor
plan. The upper level, 832 square feet, is totally private with one bedroom and bath, living and dining
space, and a fun kitchen. The lower level contained one bedroom and bath, living area with refrigerator
and sink, and a stove was added alter CO vies obtained. These units presently house two couples, both
approved by the Housing Office and both on yearly leases.
Staff recommends approval with the following conditions:
The applicant shall, by deed restriction, guarantee that the employee dwelling unit:
a. Shall be required to be rented and be rented for periods of no less than six (8) months.
Upon vacancy of the unit, a landlord is granted ninety (90) days in which to locate a
qualified tenant. If no tenant is placed by the landlord, the Housing Authority may rent the
unit to a qualified tenant.
b. Shall not be occupied by the owner or members of the immediate family (as defined in
Section 3- 150.130(A)(4)), nor shall it be used as a guest house or guest facility.
C, Maximum rental rates shall not exceed the Housing Authority Category 3 level or
equivalent. Employees shah be qualified by the Aspen /Pitldn County Housing Office as
to employment only, and not maximum income or asset limitations.
d. Employee dwelling unit restrictions shall require that property owners provide annual
verification that occupants of employee dwelling units qualify as employees of Pitkin
County, Verification shall be provided to the Housing Office in a form acceptable to the
Housing Office.
2. The applicant also needs to provide copies of the floor plans for both units.
tJ Li i L
M E M O R A N D U M
TO: Ellen Sassano, Planning
FROM:
Joanna
S.
Schaffner,
Zoning officer��l�
DATE:
April
1,
1996
RE: Burke GMQS Exemption and Special Review for
Affordable Housing Unit
Parcel ID# 2467- 344 -00 -588
I have reviewed the above referenced application and offer the
following comments.
ZONE: RS -30, thirty acre minimum lot size
This parcel contains 70.16 acres and is conforming in size.
Floor area and setbacks of the structure are in compliance with
county regulations.
The west elevation plan submitted with the application, indicates
that the grade has been manipulated not in accordance with the
approved plans, so that the structure now exceeds the accessory
height limit by at least 3 -4 feet at the roof midpoint.
This employee dwelling unit was approved as a single unit with the
lower level containing a recreation room with a "wet bar ". The
stove and conversion of storage to office space was done without
approval or permits. The applicant states that "the only access
to the lower bedroom is on the outside of the building ". This is
also not in accordance with the approved plans, which indicate an
interior staircase.
The change in use from storage (non - habitable space) to office
(habitable space); the installation of 220 electric for the stove;
and the separation of one unit into two units, (which requires
proper fire separation), must all be reviewed for compliance with
the UBC and will require additional permits.
Also, if the additional unit is approved, the illegal kitchen must
be reviewed to ensure that it meets the minimum requirements for
kitchen as defined in the Housing Authority Guidelines.
Copies of the approved plans are attached.
wn ifiratr of (Orrupaury
ir
ASPEN #PITKIN
REGIONAL BUILDING DEPARTMENT
This Certificate issued pursuant to the requirements of Section 304
of the 1988 Edition of the Uniform Building Code. It certifies that at the date of
issuance, the structure as described below was in compliance with the various resolutions
and ordinances regulating building construction and use in this jurisdiction.
Use Classification Employee Housing n ldgPerrni r 7 -910
Legal Description
Ow ner Building Address 2262 Snowmasa Creek Road OT(i qn0WMAqq
Gr oup Owner Address 2 SnowmAss Creek Rnad Old qna�nsq ro 81654
Co nstruction
Deck 784 s feet TA
• Th
bathrooms. one kitchen. one dining rnom one li ronm nnp
Plans sh ow unexcavated h ..
Comments & Restrictions.. — BOCC 93 -46 Deed Restriction Bk 707 Pe 481
Approved as a single dwelling unit
Daze:
Building Official
Note: In all occupancies, except R3, this certificate must be posted in a conspicuous place
near the main exit on the premises for which it is issued. Any alteration or use of these
described premises or portion thereof without the written approval of the Building Official shall
negate this C.O. and subject it to revocation.
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December 12, 1996
Ellen Sassano
Aspen / Pitkin Community Development Department
130 South Galena
Aspen, CO 81611
Re: Burke 1041 Wildfire Hazard Review
Ellen,
FOREST
SERVICE
State Services Building
222 S. 6th Street, Room 416
Grand Junction. Colorado 81501
Telephone; (970) 248-7325
I read the application and inspected the site with John Young the owner's
representative on November 15th. I apologize for my tardiness in responding by
the deadline date. Access to the parcel is from the Snowmass Creek road. The
current driveway originates at a right angle to the paved road which is a desirable
feature. The Lazy -0 firehouse is within a mile of this parcel. I looked at the
proposed envelope as well as the rest of the property on the Snowmass Creek
road side. The slope is nearly level. Most of the property is pasture which would
have a low wildfire hazard rating. The existing structure and the proposed building
envelope are next to predominantly riparian vegetation. This vegetation consists
of narrowleaf cottonwood, spruce, juniper, chokecherry and Gambel oak. I would
rate the wildfire hazard here as low- medium.
My recommendations come from the usual CSFS references and the Pitkin County
land use code. I only have two recommendations for the proposed single - family
house. One, maintain a 10 foot clear space around all structures where the
vegetation can be maintained at 6 inches or less (e.g., mowed grass). No woody
vegetation should be planted within this perimeter. Two, position the house at
least 50 feet from the edge of the slope down to Snowmass creek. By doing this
the owners will avoid having to disturb the riparian vegetation. If the owners put
the house close to this vegetation they will need to thin and prune the vegetation
as prescribed in section 3- 807.C.2. of the Pitkin County Land Use code. This
section describes the parameters for the establishment of defensible space.
Thank you for the opportunity to review this application. Feel free to call me with
any questions.
Sincerely,
A. Vince Urbina
Assistant District Forester
cc: Steve Howard - Basalt & Rural FPD
John Young
A
Uub J,+
MESSAGE DISPLAY
TO Ellen Sassano
From: Joanna Schaffner
Postmark: Jun 14,96 4:12 PM
Subject: Shelly Burke - FYI
----------------------- ---- - - - ---
Message:
We did a site inspection yesterday and the height on the caretaker
units is ok.
interoffice
M E M O R A N D U M _
to: Board of County Commissioners, Pitkin County
from: Tobie Thurman, Municipal Court Clerk
subject: 2262_A Snowmass Creek Road/Rental Unit
date: September 24, 1996
As a perspective tenant to 2262 -A Snowmass Creek Road, Old Snowmass Colorado I
would like to share the following information with you.
I have been searching for an apartment in Pitkin County since July of 1996. 1 work
for the Town of Snowmass Village and although I am provided with complimentary
shuttle service by the Town I decided to relocate closer to my office.
As an adult woman coming from a beautiful hillside setting in Montecito California,
with a full household of sentimental belongings and a substantial amount of sports
equipment I have special needs that I thought were not going to be satisfied ... at
least until I located this cottage owned by Shelley Burke.
I find this to be a desirable rental property not only because of the view from the
picture window or the remarkable sound of the rushing river but also because I will
have the use of a full kitchen, living quarters, bath and patio for less than $1000.00.
Also, Shelley has offered her private barn loft as additional storage space and with
respect to her priority as owner, encourages the use of her picnic grounds, riding
arena and trails.
This is the only rental unit that I have located which offers a quiet environment with a
quality exterior and interior unit. The gardens and grounds are maintained by
professional grounds keepers and I believe there is excellent security. Most Other
units were, dirty, poorly remodeled, incomplete kitchens, nasty bathrooms, zero
storage, shared laundry facilities, unkempt yards and very limited privacy. They were
also more expensive.
I feel fortunate to have located such a beautiful rental property and at such an
affordable rate I will be close to Snowmass Village, the community that I work,
play and pray in. Although I have not reviewed the final terms of the lease at this
time, I sense that Shelley Burke will ensure a private, safe and comfortable living
environment. No doubt along with the ongoing maintenance of the grounds there is
ongoing maintenance of the structures and that they will provide me with a superb
living environment in exchange for what I consider equitable rent.
UUl,J,%) U
COLORADO COLOURS H & G CO.
P O BOX 4642
ASPEN CO 81612
Telephone X970) 927 -9065
FUX j970) 9
Pitkin Count-, Board of C onuirissioncrs
and others it mat concern
Dear Board of Commissioners
It has come to our attention that our home ( the downstairs apartment) at 2262
Snowmass Creek Road is to be rcNiewed this week to determine its housing �lassiflcalion.
We have lived here for 3 years and have found the quality of this structure and the
suitabilitv of the property and its sutTOundings to be far superior to am we have come
across in this price category or those which are more expensive.
As a result of living here we have been able to continue operating our L ndscape business
in Pitkin County.
The reason for this letter is to request a Class Three rating on this unit. as we may not
qualify for a class Two: this would force us to move ourselves and our business to a less
suitable and inconvenient location further downvally.
We appreciate your time and attention in considering the above reasons fur keeping this a
Class Three i_ - nit.
�Sincerel� .
Karr and Marta Baldwin
Colorado Colours Garden Co.
U0G b ,
Pitkin County Application for GMOS Exemption and Special Review for Affordable Housing
Unit owned by Shelley Burke, 2262 Snowmass Creek Road, Snowmass, CO, 81654
Submitted with this application:
1) General Warranty Deed as proof of ownership. The property has not merged with any
adjacent tract of land, though a lot line adjustment was made with an adjacent property in
January, 1992, with County approval. The lotline adjustment survey was conducted by Alpine
Surveys inc., Carbondale, CO, Reception # 340908, Book 28, p.4. The current land
configuration is shown on the submitted vicinity map.
2) Site plan showing location of unit and its proximity to the residence, barn , creek and driveway
which is the access to the unit. The unit sits back 1000 ft. from Snowmass Creek Rd. Also a
vicinity map and a W. elevation drawing of the unit.
4) Letter describing request. Designated areas of code are addressed below.
6) 20 copies of application, 2 copies of warranty deed, one copy of adjacent owners list with
addressed envelopes.
Areas of Code addressed:
3 -210 Special Review
A 1,2, &3 This special review is consistent with the applicable County Master Plan, County Land
Use Policies in Article 2 and the intent of the Zone District.
4 The character of the immediate neighborhood is agricultural. One side of the 70 acre site
borders BLM land. Horses are pastured on the land in front of the EDU structure.
B The existing structure has been found by the BOCC to be in harmony with the surrounding
area and this request has no additional impact on the immediate property or any surrounding
properties.
C It has also been determined that there are adequate public facilities and services for this unit by
the initial approval process. This unit has been approved for 4 persons and there will be no more
than 4 persons occupying the two separate units.
D Thus there will be no added impact on public welfare or adjacent properties.
E Burke agrees to submit an annual statement attesting to the continued conformance of the use
to the conditions of the permit.
3- 150.110
This request would legalize an existing dwelling unit which would be deed restricted to
Affordable Housing Price, Income and Occupancy Guidelines, subject to this Special Review.
4 -60.20
These procedures have been discussed with Ellen Sezano of the Planning Office and are being
followed.
- OUE2 -
UUCJ -63
m �
5 -50.10
This request falls under Group I development application - N. Growth Management Quota
System Exemption for Construction of Dwelling Units Restricted to Affordable Housing Price
and Income Guidelines Located Outside of A H Zone District
5 -50.20
This letter is submitted by the owner Shelley Burke, 2262 Snowmass Creek Road, Snowmass,
CO, 81654. 970 - 927 -4280
The legal description on the warranty deed and a vicinity map are submitted with this application.
-S1-� RU-L�
9 /1 6
000039
I
Letter describing request for legalization of existing bandit unit into an EDU with full deed
restrictions.
On April 5, 1993, the BOCC granted a 1041 and general submission approval for a two bedroom
employee dwelling unit on a 70.16 acre parcel of land owned by Shelley Burke. Other buildings
on this acreage are a 3200 sq. ft. residential unit and a 680 sq. ft. barn/tack room. This EDU was
approved and built with an outside staircase and an upper and lower level floor plan. (See west
elevation drawing.) The upper level of 832 sq. ft. is totally private with one bedroom and bath,
living and dining space, a full kitchen, a 10 ft. deck overlooking Snowmass Creek and a front
porch and entrance with Elk Mt. range views. The lower level of 686 sq. ft. has one bedroom and
bath, living area with refrigerator and sink, a 10 ft. deck overlooking Snowmass Creek and a
private entrance using the outside staircase. At the back of this lower level is a 476 sq. ft. storage
space/utility room. Subsequent to the approval and CO of this unit, a stove was added and 188
sq. ft of the storage space was converted into an office in the lower level.
Because this EDU was approved and constructed with an outside staircase, this unit is best suited
for the housing of 2 employee couples, each in their own private unit. It is not suited for just one
family needing two bedrooms since the only access to the lower bedroom is on the outside of the
building. Currently 2 employee couples are occupying the space and all 4 people are on an
approved lease filed with the housing authority. I feel the county's employee housing needs
would be best served by allowing the lower level unit to be legalized as a separate EDU with full
deed restrictions.
There is adequate on -site parking for four cars adjacent to the structure, an approved septic
system constructed in 1993 for the structure and an on -site approved well which serves this
structure as well as the main residence. There have not been nor are planned any outside or
structural changes to the existing EDU in order to convert it into the two units as described.
Including the office, the lower level unit would have 874 sq. ft. The actual use of the structure
would not change by legalizing the lower unit, since there will be no more than the allowed
number of four people in the unit, nor would there be any additional impact upon the land and
neighborhood.
s &,,L-
U00040
SHELLEY BURKE Y
0�
September 24, 1996
TO: Board of County Commissioners
FR: Shelley Burke
RE: Burke GMQS Exemption and Special Review For an Affordable Housing Unit.
REQUEST: That these two one - bedroom employee units be designated as Category 3 units and be allowed to
be rented as such. This request amends the Staff recommendation.
REASONS:
1. In June, 1992, I asked for guidelines to voluntarily construct employee housing on my 70 acres. This re-
quest was greeted with enthusiasm. At that time, the estimated cost was $100,000. I figured that the allowed
rent of $1027 per month would cover the carrying costs. Due to reclassification of the unit which required
architectual and roof design changes and delays in the approval process, the unit was not approved until
March 30, 1993, ten months later. The cost of building and materials had significantly increased and the fi-
nal cost of the unit was $180,000.
The mortage rate then was 9.5 %, a cost of $1516 per month. 'faxes, insurance and upkeep have averaged
$400 per month (or more) so the carrying expenses are over $1900 per month. To verify this I brought my
cost records and tax returns to Ms Ellen Sassano's office. The cost of converting the two bedroom unit to
two one- bedroom units will be over $5000. If each unit can be rented at the Category 3 rent of $977 , I still
would not entirely cover my expenses. It certainly would not be a "windfall ".
2. My other major concern is that my current tenants and future tenant do not and will not qualify under
Category 2 income and assest level restrictions. Available are letters from these tenants as to the desirability,
quality, and affordability of these units. Also available are pictures of the units.
3. The original classification was Category 3. In this submission under Referral Comments N 2 (Housing), Ms
Cindy Christensen of the Housing Office "recommends approval of the affordable housing unit subject to a
deed restriction for Category 3 housing ". The space requirements for Category 3 units are exceeded in both
units.
To summarize, I have voluntarily built two employee units which are needed in the county. As an individual
property owner unaware of how the system works, I made some errors along the way which I regret. However,
the net results are two quality employee units ideally situated with affordable rent. These past three years the
rent has covered only half of my expenses. This cash flow drain has caused me to have to consider selling half of
my land, which would be a real loss to the of land that I love. But I have no other way to offset these losses.
I would hope that allowing these units to be rented as Catagory 3 units would not be viewed as setting an unten-
able precedent of rewarding undesirable behavior but, in fact, would be seen as allowing an individual property
owner to voluntarily provide the county with two employee units without causing financial harm to the prop-
erty owner.
Sincerely,
Shelley Burke
2262 SNOWMASS CREEK ROAD • SNOWMASS, CO • 81654
PHONE. 970/927 -4202
C
UUU; .)41
-2— SEPTEMBER 25, 1996
ADDENDUM:
Correctons in Information Presented:
Item N 3: Final approval plans indicate that the interior stairway was moved to the outside. (See the drawings in
this summary package.) The unit was inspected and approved with the outside staircase in place.
Item #4: A 220 v. electric line was not needed because the stove is gas. The exterior staircase was not constructed
subsequent to the issuance of the Certificate of Occupancy.
Referral Comments: k 3 - Zonning: Ms Joanna Schaffner, upon reviewing the case, indicated to me that there is
no roof violation and that she would let the Planning Office know this.
Lj Ubi14c-
1 EXHIBIT "A" °if
#355 - 166 C)3/71/93 14-35 Fec $30.00 Bk:: 707 PG 485
Silvia Davis, Pitij n Cnty Clerk, Doc $.00
GEt7E RAL WA RP.ANTY D}:ED
.. -.
soy Drill ficy for TEN DOl.}.AHS ($10.00) and oth-:r good
and valuable considerations,, in ha"d paid, hnrcby sells and
cnnveys to Shelly B. Schallrr and Robert A. Schaller in joint
tenancy, whose address-is 127 Pickwick Drive, Rochest.ar, Now York
14681, the following real property in the County of Pitkin, State
of Colorado, to wit:--
_ _ -- A . tract of Land situated in the NEi of
Section 3, Township 9 South," Range 86 'West -
and the SEi of Section 34, Township 8 South, -
Range 86 West of the Sixth Principal -
Meridian, Pitkin County, Colorado and being
more fully described as follows:
Beginning at a point whence the Northeast
corner of said Section 3 thence South
89 °52'34 Fast 24.30 feet;
02 ° 55'0 2 " Fast 90.56 feet;
thence South o2 °28'10" West 238.39 feet;
thence South 11 "06'08" West 323.24 feet to
the centerline' of the county road;
thence North 68 °52'45" West 2115.04 feet
along said centerline;
thence departing said centerline North
11 9 19'00" East 139.36 feet;
thence North 43 ° 00'00" West 58.60 feet;
thence North 05 0 55'00" West 49.26 feet;
thence North 16 °44 West 103.06 feet;
thence North 49 ° 16 1 00" West 30.09 feet;
thence North 22 °47 West 126.51 feet;
thence North 22 °18 East 492.10 feet;
thence North 87 ° 08 1 49" East 548.51 feet;
thence North 22 ° 00'00" East 490.00 feet to
the centerline of Snowmass Creek;
thence along said centerline the following
courses and distances:
South 89 °00 East 95.00 feet;
South 66 °30'00" East 200.00 feet;
South 14 °00'00" East 195.00 feet;
South 75 °45 East 240.00 feet;
South 60 °30'00" East 130.00 feet;
South.39 0 15' 00 " East 140.00 feet;
South 74 °12'37" East 198.14 feet;
thence departing' said centerline North
11 °07 East 1345.98 feet to Angle Point 5,
Tract 75, Township 8 South, Range 86 West;
thence South 00 0 47 1 40" East 1509.75 feet
along line 5 -6 of said Tract 75 to Angle
Point 6;
thence South 44 °50'00" West 230.00 feet;
thence South 30 °33'00" East 331.37 feet;
thence South 00 0 47 1 40" East 323.24 feet to
the point of beginning,
County of Pitkin, State of Colorado,
with all its appurtenances except any water rights and warrants
title to the same SUBJECT TO AND EXCEPTING: General taxes for
1987 payable January 1, 1988; any tax, special assessments,
charge or lien imposed for water or sewer service, or for any
other special taxing district; reservations and 'exceptions as
contained in United States Patent recorded in Book 55 at Page 314
as follows: The right of the proprietor of a vein or lode to
extract and remove his ore therefrom, should the same be found to
uuGii3
pow rY
V _,. .., t4:._c - 3 -1) -00 2.1 :: ' `)7 PG 486
Silvia Dzl•�;, Pitk:in Cnty Clerk, Doctiwtitsi
p,.-nutratc or intersect the ,,raises; r c scrv;i tions exceptions
an containud in United Statos Patent rccordcd in-Rook 55 at Page
320 as rollOws: the right of thc.proprictor.of a vein or lodo to
and remove his ore t should the same be found to
1,r.netr.tt.e or intersect the premises; reservations and exceptions
as contained in United States Patent recorded '-n Book 55 at Page
275 as follows:_ right of the ptoprictor of a vein or lode to
._extract and remove his ore therefrom; should the same be found to
penetrate or intp_rscet the prcmiscs, and fight of way thereon for
ditches or. canals. constructed by the authority of the United
- £htes; reservations and exce
a e ptions as contained in United States
- Patent recorded in Book 55 at Page 541 as follows: right of way
— for ditches or canals constructed by the authority of the United
States; right of way granted unto Mountain States Telephone and
Telegraph Company as set forth in instrument recorded January 23,
1920 in Book 151 at Page 43; and,' right of way casement granted
unto lioly Cross Electric Association, Inc. as set forth in
instrument recorded September 5, 1978 in Book 354 at Page 380. .
'SIGNED this ,/7 day of July, 1987. -
Roy ij ey"
STATE OF COLORADO ) (�/
ss
COUNTY OF PITKIN )
The foregoing General Warranty Deed was acknowledged
before me this t'lr- day of July, 1987 by Roy Brill Key.
WITNESS my hand and official seal.
My commission expires: �!, I.• �. -� /`� 7
Notary Public r -
My address is: ( r! lu•rj•,u•
v� � � -2- P • h` P
Aspen/Pitldn Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5090
City Land Use Application Fees:
00113- 63850 -041
Deposit
- 63855 -042
Flat Fee
- 63860 -043
HPC
-
- 63885 -268
Public Right -of -Way
- 63875 -046
Zoning & Sign Permit_
_ __
- MR011
Use Tax
County Land Use Application Fees:
00113- 63800 -033
Deposit
_
- 63805 -034
Fiat Fee
- 63870 -037
Zoning
_
-63825 -038
Board of Adjustment
Referral Fees:
00113 -63810 -035
County Engineer
00115 -63340 -163
City Engineer
00123- 63340 -190
Housing
00125- 63340 -205
Envirorunentat Health
_
00113- 63815 -036
County Clerk
—
Sales:
00113- 63830 -039
County Code
_
- 69000 -145
Copy Fees
Other
0
Total Q 3 6 G
f
Name: ,5 e I t
//
I�/1 e
Date:�M b Check: / 030
Address: J a L �s
„ n w- SS K .
Project: r Ae— G 9�
Snowmns�,CO
/6Stf
�� Xu
Case No:
Phone: 9
1 /07007
No. of Copies
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