HomeMy WebLinkAboutpitkin.planning.264315301001 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2643- 15 -3 -01 -001 Application Date: 2/17/12
Description: Jaleston US Inc Special Review for a Caretaker Dwelling Unit
Project Address: 115 MEADOWLARK LN, ASPEN, C081611
Property Owner:
JALESTON US INC
Address: 31 BROOKSIDE DR
Review Body:
GLENVILLE, CT 06830
Owner's REP:
MICHAEL D HOFFMAN
Address: 939 MALLARD PT
03/08/2012
JUPITER, FL 33458
REP's Email:
mhoffmanl @garfieldhecht.com
Referrals: ALL OTHER REFERRALS
Comments Due Date: 04/09/2012
Case No: P015 -12
Planner: Suzanne Wolff
# Copies: 1
Allocated Hours: 3
% Over Hours: 3.6
Owner Phone:
REP's Phone:
Other Referrals: Housing 03/15/12
Whitestar Ranch HOA None
Meetings:
1st Meeting: 2nd Meeting:
Meeting Date:
Review Body:
admin
Public Hearing?
yes
Notice Date:
03/08/2012
Meeting Notes: vpn 5/10/12
Approvals:
BOCC Resolution #: P &Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 025 -2012 #588619
Other Information:
VR Approval Date: 04/25/2012 Plat Recorded Date:
VR Expires Date: 04/25/2015 Plat (Bk, PG):
Remarks:
Application Type: caretaker Dwelling Unit (CDU)
3rd Meeting:
RECEPTION #: 588619, 04/2712012 at
12:45:14 PM,
1 OF 2, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE JALESTON US, INC. SPECIAL REVIEW
AND GMQS EXEMPTION FOR A CARETAKER DWELLING UNIT
Administrative Decision No<�G2012
RECITALS
1. Jaleston US, Inc. ( "Applicant') has applied to the Pitkin County Community Development Director
( "Director ") for special review approval and GMQS exemption to convert a portion of an existing
accessory structure into a caretaker dwelling unit, pursuant to Secs. 2- 30- 30(h)(2), 4- 30 -50(e) and 6-30 -
40(c) of the Land Use Code ( "Code ").
2. The lot is located at 115 Meadowlark Lane, and is described as Tract 6, White Star Ranches
Subdivision.
3. The tract is zoned RS -20 and contains 9.07 acres.
4. The Community Development Director granted Activity Envelope and Site Plan Review approval to
expand the existing residence, pursuant to Administrative Decision No. 062 -2007. The expansion has
been completed.
5. The Housing Office recommends approval of the caretaker dwelling unit.
6. The Applicant provided notice of the application to the adjacent property owners. No objections or
comments were received.
7. The Director finds that the caretaker dwelling unit complies with the special review and GMQS
exemption provisions of the Code.
8. The Director further finds that the existing building is within the approved Activity Envelope and that
the remodeling of the building into a caretaker dwelling unit is exempt from Site Plan Review and
Scenic View Protection Review, given that there will be no change to the footprint of the existing
structure and the building is not visible from McLain Flats Road.
THE DIRECTOR DOES HEREBY APPROVE the Jaleston US, Inc. Caretaker Dwelling Unit,
subject to the following conditions, which shall run with the land and be binding on all successors in
interest:
I . Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Applicant shall
obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans
of the unit shall be submitted to the Housing Office with the deed restriction.
2. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can
bake and broil, sink of at least 14 "W X 16 "D X 5.25 "H, and at least a 5.3 cubic foot refrigerator and
Administrative Decision NdD
Y -2012
Page 2
0.73 cubic foot freezer. Two off - street parking spaces shall be provided for the unit. The caretaker
dwelling unit must have separately accessible utilities. This does not preclude shared utilities.
3. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office may
inspect the unit.
4. The floor area of the caretaker dwelling unit shall be included in the total allowed floor area for the lot.
5. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval, unless amended by other conditions.
6. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Bode, S 4 - -140 and C.RS, S 24 -68 -105. The statutory vested rights granted herein shall expire on
l
,: f1 @5 _., 2015.
PUBLIC NOTICE PUBLISHED IN THE ASPEN TIMES WEEKLY on the 8,' day of March, 2012.
APPROVED by the Director, this 2lay of Am L 2012.
PUBLISHED AFTER ADOPTIVV FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weeklv on the lo day of, � V , 2012.
Cindy Houben, Community Development Director
P015 -12
PIDH264315301001
ASPEN OFFICE GARFIELD & HECHT, P.C.
601 East Hyman Avenua
Aspen, Colorado 81611
telephone (970) 925 -1936 ATTORNEYS AT LAW
Facsimile (970) 925 -3008
Since 1975
"�wgarfieldheclawnt
E. Michael Hoffman
E -mail: mhoffman&)garirelilhechl.com
Phone: (970) 925 -1936
February 17, 2012
Ms. Suzanne Wolfe
Pitkin County Community Development Department
130 S. Galena
Aspen, Colorado 81611
Re: Request for Special Review Approval of Caretaker Dwelling Unit
Tract 6, White Star Ranches, Pitkin County (Parcel ID: 2643 1 530100 1)
Dear Suzanne:
This letter represents the application of Jaleston US, Inc. (the "Applicant ") for Special Review
approval of a Caretaker Dwelling Unit on its property located at 115 Meadowlark Lane off of
McLain Flats Road, near Aspen.
The legal description of the Property is Tract 6, White Star Ranches Subdivision, according to
the Second Amended Plat of White Star Ranches Subdivision and PUD, recorded in the real
property records of Pitkin County, Colorado, in Plat Book 20 at Page 65 (referred to herein as
"the Property").
A Pre - Application Conference was held on this application on July 28, 2011. A copy of the Pre -
Application Conference Summary has been filed with this application as Exhibit A.
1. Summary of Prior Property Approvals and This Request
The Property is a part of White Star Ranch Subdivision/PUD, which was originally approved in
1980. A Second Amended Plat was approved and recorded in 1988. The Applicant purchased
the Property in March of 2008. At that time improvements on the Property included a single -
family residence, garage and detached art studio /guest house. . Those improvements were
constructed in 1994 -95.
dl 6Gu�t
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
1000001 J 3Z
Ms. Suzanne Wolfe
February 17, 2012
Page 2
At the time the Applicant purchased the Property the prior owner had submitted and received
approval for the construction of substantial additions to the existing improvements. The Property
was conveyed to the Applicant before the additions were built.
This application deals only with the detached studio /guest house located on the Property. For
that reason, only the facts related to that structure will be discussed here. As built in 1994 -95,
the studio /guest house contained 1,873 square feet of heated space, approximately half of which
was below grade.
Although the prior owner received approval to construct substantial additions to the existing
improvements, the Applicant decided against adding on to the studio /guest house. No changes
have been made to the footprint or fagade of the studio /guest house by the Applicant. Changes
were made to the principal residence on the Property after it was acquired by the Applicant.
Those changes were permitted by Administrative Determination No. 062 -2007, a copy of which
is included with this Application as Exhibit B. Administrative Determination No. 062 -2007 was
recorded on July 11, 2007, at Reception No. 539783.
No changes to the exterior of the studio /guest house, including its footprint, are requested in this
application. This document is submitted exclusively to request approval to convert 935 square
feet of the existing studio /guest house to a Caretaker Dwelling Unit, as shown in the drawing
attached hereto as Exhibit C. (The "bathing facility" noted on the plan as "not approved as
shower" is improved as a shower. Approval of this application will permit the shower to exist
within the CDU.)
An Activity Envelope, Site Plan and TDR Receiver Site plan was executed by Pitkin County on
August 6, 2008, and recorded in the real property records of the County on that date in Plat Book
88 at Page 20. A copy of the recorded plan is enclosed with this application as Exhibit D. An
amended Activity Envelope Site Plan was signed by the County on March 25, 2009, and
recorded March 29, 2009, in Plat Book 90 at Page 73. A copy of the amended plan is enclosed
with this application as Exhibit E.
The Applicant was required to utilize a TDR Certificate to construct the improvements approved
in Administrative Determination No. 062 -2007. However, only 796 square feet of the 2,500
additional floor area permitted with the TDR was actually "consumed" in the prior construction
on the site. An additional 1,704 square feet- of floor area may still be constructed on the
Property. The improvements at issue in thk lawsuit have no impact on the floor area utilized on
the Property because the space previously exts eq and was included in prior FAR calculations.
2. Technical Aspects of Contract r
A check in the amount of $1,194 has been submitted with this application to cover anticipated
fees related to this request. A list of the owners of property located within 300 feet of the subject
Property and mineral interest owners is attached as Exhibit F. That list was received from the
Pitkin County GiS Department on February 14, 2011. Once we have received notice from the
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
000002
Ms. Suzanne Wolfe
February 17, 2012
Page 3
Community Development Department that our application is complete, notice of this application
will be sent to these property owners.
A current Ownership and Encumbrance Report prepared by Land Title Guaranty Company has
been submitted with this application as Exhibit G. It reflects the ownership of Jaleston US, Inc.,
the applicant. A less current title commitment is also included in Exhibit G, which provides the
recording information for any easements, contracts and agreements governing the Property. A
letter memorializing the applicant's authorization of the filing of this application is attached
hereto as Exhibit H. A signed fee agreement is attached hereto as Exhibit I.
The street address of the Property is shown on the vicinity map attached hereto as Exhibit J.
3. Compliance with Relevant Code Provisions
In the following discussion of how this application meets the relevant sections of the Pitkin
County Land Use Code ( "Code "), the Code language is shown in italics. The applicant's
response to each Code provision is found below the applicable regulation and is in "regular"
type.
Code, § 2- 30 -30(h) Criteria for Approval
(2) SPECIAL REVIEW USES OR ACTIVITIES. The BOCC, the Hearing Officer and/or the
Community Development Director shall only approve the proposed special review use or activity
if it finds that all of the following criteria are met:
(a) The special review use shall be consistent with the applicable County Master Plan.
The applicable master plan is the Woody Creek Caucus Master Plan, dated October of 1991.
Section E of the Amendments to Pitkin County Down Valley Comprehensive Plan, provides, in
connection with Employee Housing, the "Woody Creek is proud to currently devote an
exceptionally large percentage of its housing stock to low and moderate income housing. No
additional high density or high rate employee housing developments shall be permitted. Further
employee housing will continue to be provided in scattered low density housing patterns." Top
of page 17.
The following statement is found in the "position statement" portion of the Woody Creek Caucus
Master Plan: "Caretaker units privately created low cost ownership units and proper
redevelopment of the Woody Creek Trailer Park would allow the current residents more secure
living arrangements and a stepping stone to a lasting relationship with the community that they
live in." Middle of page 21.
The request for a single CDU on the Property is wholly consistent with these provisions of the
Woody Creek Caucus Master Plan.
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
000003
Ms. Suzanne Wolfe
February 17, 2012
Page 4
(b) The special review use shall not conflict with any applicable sections of the Pitkin County
Land Use Code, including the County Land Use Policies in Chapter 1.
This application is consistent with the County's Land Use Policies.
(c) The proposed development must not materially endanger the public health, safety or welfare.
The proposed development does not endanger the public health, safety or welfare.
(d) The proposed development must not substantially injure the value of adjoining or abutting
property.
The proposed development will not injure the value of adjoining or abutting property.
(e) The special review use shall be consistent with the intent of the zone district in which it is
proposed to be located
The Property is zoned RS -20 PUD, Resource -20 acre. It shares the same intent with the RS -160
zone, except that these lots are located closer to urban growth boundaries. In general, the
purpose of this zoning is to "permit low density, single family residential development and
customary accessory uses "' Caretaker Dwelling Units are permitted by special review in the
RS -20 zone district.
(i7 The special review use shall be compatible with the character of the immediate vicinity of the
parcel proposed for development and surrounding land uses, or shall enhance the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for
development.
The proposed development is compatible with the character of the immediate vicinity of the
Property and surrounding land uses.
(g) The location, size, design and operating characteristics of the proposed special review use
must be in harmonv with the surrounding area and minimize adverse effects, including visual
impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash,
service delivery, air /water pollution or other impacts on natural resources, noise, vibrations and
odor on surrounding properties.
No change to the exterior of the detached studio /guest house will be made in connection with the
establishment of the CDU requested here. Conversion of a portion of the building to a CDU will
be in harmony with the surrounding area and will have little to no effect on the surrounding
properties.
' Code, § 3- 40- 30(a)(a).
Code, § 4 -20: Permitted Use Table 4 -1.
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
Ms. Suzanne Wolfe
February 17, 2012
Page 5
(h) There must be adequate public facilities and services to serve the special review use,
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems, and
schools.
Adequate public facilities exist to serve the proposed CDU. Existing roads, sources of water,
sewerage and solid waste disposal, and the other more public factors described in this criterion
are adequate to serve the CDU.
(i) The proposed special review use must comply with any additional standards or requirements
stated for such use in Sec. 4 -30 and /or Sec. 2- 40 -20.
A discussion of how the proposal meets the requirements of Code § 4- 30- 50(e)(1)(2) is found in
the following section of this application. Nothing in Code Section 2 -40 -20 has direct relevance
to this application.
(j) If a Special Review Use ceases or its permitted time period ends, all uses and structures must
immediately be brought into conformance with the underlying zone district regulations. If
cessation of operation is due to demolition or destruction through any manner not willfully
accomplished by the owner, uses /structures may be restored as of right pursuant to Sec. 9 -30 -70
of the Land Use Code.
Noted.
Code § 4- 30 -50' Accessory and Temporary Uses.
(e) Caretaker Dwelling Unit These standards are for the purposes of providing a voluntary
caretaker dwelling unit on a legally created lot or parcel in the Countv. Caretaker dwelling units
created pursuant to these provisions, shall not be used for mitigation of employee housing
requirements as established elsewhere in this Land Use Code.
(2) CDU AS SPECIAL REVIEW ACCESSORY USE A caretaker dwelling unit that is (a)
located in the LIR -35, VR, B -2, VC, P -L or T zone district, or (b) located on a lot or parcel that
does not meet the minimum lot area requirements for each dwelling unit in the zone district
where it is located, as set forth in Table 5 -1, or (c) is detached from the principal since- family
dwelling on the lot or parcel, shall require approval through the Special Review Use process in
Chapter 2, and shall meet the requirements of subsections (1)(c) through (1)(g) above.
(Emphasis Supplied.)
(1) CDU AS PERMITTED ACCESSORY USE
(c) The caretaker dwelling unit shall not exceed one thousand (1,000) net livable square feet on
lots or parcels that are thirty thousand (30,000) square feet or greater in lot area, and .seven
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
000005
Ms. Suzanne Wolfe
February 17, 2012
Page 6
hundred (700) net livable square feet on lots or parcels that are less than thirty thousand
(30,000) square feet in lot area;
As shown on Administrative Decision No. 062 -2007, the Property contains 9.07 acres. The CDU
is located on the above -grade floor of the studio /guest house which is 935 square feet in size.
(d) The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or parcel of land (e.g., if the CDU is seven hundred (700) square feet, the maximum total area
of the primary residence and other included accessory structures .shall be seven hundred (700)
square feet less than what would apply without the CDU);
Because this is a conversion of an existing structure, the floor area of the CDU is already
included in the floor area found on the Property.
(e) Two (2) off-street parking spaces shall be provided for each caretaker dwelling unit.
As shown on the Site Plans attached hereto as Exhibits D and E, there is ample side -by -side
parking for more than two vehicles immediately adjacent to the studio /guest house at the end of
the driveway serving that structure.
(1) The applicant shall by deed restriction or other permanent commitment running with the land
guarantee that the caretaker dwelling unit:
1. Shall not be required to be rented;
2. Shall not be sold or otherwise conveyed or separated from the original parcel
regardless of the ultimate form of ownership of the caretaker unit;
3. Shall be limited to occupancy by (i) not more than two (2) adults, and related children,
who qualify as (and have been found by the Housing Office to be) employees of the
community under such guidelines as may from time to time be established, or (ii)
members of the owner's immediate family, even though they may not qualify as employees
of the community.
4. Shall be rented for terms not less than six (6) months if rented.
The Applicant is willing to execute the current version of the APCHA's Caretaker Dwelling
Unit Deed Restriction for the Property, which includes all of the requirements set forth above. A
copy of the proposed Deed Restriction is attached hereto as Exhibit K.
(g) The Caretaker Dwelling Unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the dwelling is
removed or modified. If modified, the remaining improvements must no longer be capable of
occupancv as a dwelling unit and must meet otherwise applicable requirements of this Land Use
Code.
That language is found in the proposed Deed Restriction, Exhibit K, above.
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
000006
Ms. Suzanne Wolfe
February 17, 2012
Page 7
6- 30 -40: E.YEMPTION FOR DEED RESTRICTED DWELLING UNITS
There are three types of deed restricted dwelling units that may be exempted
from Growth Management:
• Deed restricted Category affordable housing sale units and publicly owned Category
affordable housing rental units,
• Resident Occupied ( "RO') deed restricted sale units and publicly owned RO rental units;
and
• Deed restricted caretaker dwelling units ( "CDUs ).
There is no exemption provided for privately owned deed restricted rental units. Publicly owned
Category and RO rental units are eligible for exemption.
(c) Caretaker Dwelling Units ( "CDUs "). One (1) Caretaker Dwelling Unit ( "CDU') may be
exempted from Growth Management on any lot or parcel located in a zone district in which a
CDU is an allowed use, a use allowed by special review, or a use allowed as part of a master
plan, as shown in Table 4 -1. The CDU may be allowed even if the lot or parcel is substandard in
size and the resulting development on the lot or parcel would not conform to the underlying zone
district's minimum parcel size for each dwelling unit, subject to the standards in Sec. 4- 30- 50(e).
The CDU may be either attached to a single- amily dwelling trait ('principal dwelling') or other
use or may be detached from the principal dwelling or other allowed use if it complies with the
standards in Sec. 4- 30- 50(e).
As mentioned above, a CDU is a use permitted by special review in the RS -20 PUT) zone district.
The lot is not 20 -acres in size and the CDU is detached from the principal dwelling, but meets
the requirements of Section 4- 30- 50(e), as discussed above.
4. Request.
For the reasons set forth, Jaleston US, Inc., believes that the Property and surrounding area is
well suited for the CDU requested here and that this application meets all applicable
requirements of the Code. We look forward to working with you to secure CDU status for the
detached studio /guest house located on the Property.
Sincerely,
rat,
E. Michael Hoffman
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
000001
Ms. Suzanne Wolfe
February 17, 2012
Page 8
Table of Exhibits
Exhibit A — Pre - Application Summary
Exhibit B — Administrative Determination No. 062 -2007
Exhibit C — Plan for CDU
Exhibit D — Approved Activity Envelope / Site Plan
Exhibit E — Amended Activity Envelope / Site Plan
Exhibit F — List of Adjacent Owners
Exhibit G — Ownership and Encumbrance Report and Title Commitment
Exhibit H — Authorization Letter
Exhibit I — Fee Agreement
Exhibit J — Vicinity Map
Exhibit K — Proposed CDU Deed Restriction
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
111111.
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wol
PHONE: (970) 920 -5093
DATE: 7/28/2011
E -MAIL: suzanne.wolff(aDco.pitkin.co.us
LOCATION: 115 Meadowlark Lane; Tract 6, White Star Ranch PID# 264515301001
APPLICANT: Jaleston US Inc.
REPRESENTATIVE: Ralph Gunning
Type of Application: Special Review for Caretaker Dwelling Unit
EMAIL: castleaspen @comcast.net
PHONE: 379 -8083
Description of Project/Development: The Applicant proposes to convert existing space into a caretaker dwelling
unit.
Land Use Code Sections to be addressed in letter of request (application):
• 2- 30- 30(h): Special Review criteria for caretaker dwelling unit
• 4- 30- 50(e)(1)(2): Caretaker Dwelling Unit
• 6- 30- 40(c): GMQS Exemption for CDU
Review by: Community Development Director
Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall
post a public notice sign on the property at least 15 days prior to the date specified for the Administrative
Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by
certified mail) to all owners within 300' of the property and mineral estate owners with the return address of the
Community Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County, as they
appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public
notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the
Community Development Department.
Staff will refer the application to the following agencies: White Star Ranch HOA, Housing
FEES: $1,194 (make check payable to " Pitkin County Treasurer')
• $936 Planning Office flat fee (non - refundable; based on 3 hours of staff time. If staff review time exceeds
3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312 /hour)
• $179 Housing
• $54 Public Notice Fee
• $25 Clerk Technology Fee
Application for Special Review Approval
for Caretaker Dwelling Unit
Parcel fD:264315301001
000009
To apply, submit 1 copy of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with the Code sections listed above;
2. Site plan & floor plans showing location of proposed CDU;
3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance
company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the
property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and
development of the parcel and proof of the owner's right to use the land for the purposes identified in the
development application.
4. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating
the subject property within Pitkin County;
5. Consent from the owner of the property for the representative to process the application and represent the
owner;
6. List of all property owners within 300' and mineral estate owners (1 copy).
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Copy of this preapp form (1 copy)
NOTES:
PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
r ALL MAPS SHALL BE FOLDED.
v This pre - application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
y The Land Use Code is available on -line at http://www. aspenpitkin .com /Departments/County -Code/
Y The Land Use Application manual is available on -line at
http.lAvww. aspenpitkin. com /Portals/0/docs /county /Com %20Dev/Planninoand use application_manu
al.pdf
r Applicant will be responsible for mailed and posted notice. Public Notice requirements are described
in Section 2 -20 -100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit
confirming notice must be received from Applicant prior to approval.
Application for Special Review Approval for
Caretaker Dwelling Unit
Parcel TD: 264315301001
000010
ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, GRANTING ACTIVITY ENVELOPE AND SITE PLAN APPROVAL
FOR ASPENSMITH FARMS LLC
Exhibit B Administrative Decision No4lZ-2007
RECITALS
1. Aspensmith Farms LLC (hereafter referred to as "Applicant') has applied to the Community
Development Director of Pitkin County ( "Director ") for Activity Envelope and Site Plan approval for
an addition to an existing residence.
2. The parcel is located at 0115 Meadowlark Lane and is more specifically described as Tract 6, White Star
Subdivision(PUD.
3. The property is zoned RS -20 PUD and contains 9.07 acres.
4. The affidavit of public notice was mailed on August 23, 2006, to the adjacent property owners of the
subject parcel. No comments were received within 30 days.
5. The Director finds that the parcel is: (1) within a low wildfire hazard area and the hazard can be
mitigated.
6. The Director finds this request is consistent with the requirements of the Land Use Code.
APPROVED by the Director, subject to the following conditions:
1. The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. Prior to submission of any future building permit applications, the Applicant shall be required to submit
for approval by the County Attorney and Community Development a Site Plan with an Activity
Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application manual Section 2.1.12.
The above referenced approvals shall be a condition precedent to finalization and recordation.
3. An erosion control and drainage plan shall be submitted to and approved by the Planning Engineer prior
to submittal of building plans.
4. Prior to issuance of a building permit for the new residence, the Applicant shall:
A. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
B. Submit a landscape plan to Community Development for review and approval.
C. Remove any kitchen or bathing facilities located within the studio.
D. Submit a drainage and erosion control plan for review and approval by the County/Planning
Engineer.
E. Submit a construction management plan for review and approval by the County/Planning
Engineer showing the locations of staging, material storage and employee and construction
'l y traffic parking.
000011 F. Pay the applicable road and housing impact fees. RECEPTION#: 539783, 0711112007 at
Application for Special Review Approval for Caretaker Dwelling Unit 1 OF 4 PM,
1 OF 4, R $0.00 Doc Code ADMIN
Parcel 1D: 264315301001 DECISION
Janice K. Vos Caudill, Pitkin County, CO
LO t- ZON
5. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Dogs shall be leashed or kenneled. Construction dogs are prohibited.
B. Fencing outside of the activity envelope shall be prohibited.
C. Install and use an approved bear-proof trash container as required by the County.
D. Manipulation of vegetation outside of the Activity Envelope is prohibited.
E. Avoid fruit- bearing trees and shrubs in any landscaping.
F. The mature stand of oak trees located in the western portion of the activity envelope shall
remain.
G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying,
or otherwise managing wildlife.
6. The Applicant shall adhere to the following wildfire standards:
A. Within 15 feet of all structures, only noncombustible hardscape surfaces, low growing perennials,
flowerbeds, cut grass and deciduous, well - trimmed and irrigated plants shall be permitted. Woody
vegetation shall not be planted within this area. Firewood or other combustible materials should
not be stored within this area. Ornamental trees are permissible if the 15 -foot defensible space
area is extended outward from the furthest growth expected from the mature trees.
B. Beyond the 15' area up to 45' maintain natural and/or irrigated grass less than 6 inches and thin
existing trees and brush into individual or clusters. Limbs shall be pruned to one half the height of
the tree or 10 feet, whichever is less.
C. Clusters of bushes or shrubs shall be separated from each other and from those outside of the 45
foot area by a distance of 2%2 times the height of the mature vegetation. The diameter of a cluster
shall be limited to 2 '/2 times the height of the mature vegetation. Plant material growing between
trees and clusters shall be maintained at 6 inches or less.
D. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of
the chimneys shall be removed.
E. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
F. All deadfall within 100 feet of the structure shall be removed.
7. The Applicant shall comply with the following structural design and construction options:
A. Roofs shall be constructed with a Class A roof covering on a Class A roof assembly as defined in
the International Building Code (IBC) Section 1505.2. Wood shake /shingle roof coverings are
prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the
following:
1. All roof coverings shall be listed for installation as part of the Class A roof
assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
3. All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted building code and shall have
a minimum slope of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically
U J O O 1 approved by the Fire Marshal prior to submittal of a building permit application.
B. Projections:
1. For projections below the roof line (including, but not limited to: exterior
Application for Special Review balconies, decks, porches, cantilevered floor projections, and bay windows
Approval for Caretaker Dwelling which extend over a flat or sloped surface) the open space between grade and
Unit the underside of projections below the roofline shall be enclosed by solid,
Parcel ID. 264315301001
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vertical walls. These walls shall be constructed with materials approved for
one -hour fire- resistive construction on the exterior side of the wall and shall
extend from the top of grade to the underside of the floor decking or walls of
the projection, OR:
2. Any porch or deck or projection shall be void of vegetation below it, and areas
below such projections shall be protected from accumulation of vegetation
materials by placement of a vegetation barrier covered with rocks or gravel, or
by coverage with concrete or stone. Walls underneath projections shall be
constructed with materials approved for one -hour fire- resistive construction on
the exterior of the side of the wall. Pillars or columns shall be of non-
flammable materials, or if wood, made out of heavy log construction and
treated with a fire retardant. The underside of any porch, deck or projection
shall be sheathed in 1 -hour fire resistive materials, or with fire- retarded.
C. Walls and Windows:
1. Glazed openings shall be tempered glass or provided with closing, solid,
exterior shutters.
2. Siding and exterior wall construction shall have a minimum of one -hour fire -
resistive rating, ground level to roofline. Exterior doors shall be non-
combustible or I '/4 inch solid wood. If a hardscape patio and masonry wall has
been designed as a buffer, exterior doors having tempered glass may be used.
D. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with
materials approved for one -hour fire- resistive construction on the exterior side of the walls and
shall extend from the top of grade to the underside of the floor decking or walls.
E. Vents shall be screened with corrosive resistant wire mesh with mesh Y4 inch maximum.
F. Roofs and gutters shall be kept clear of debris.
G. Yards shall be kept clear of all litter, slash, and flammable debris.
H. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum
of 15 feet away from any structure.
1. Weeds and grasses within a 15 foot perimeter of all structures shall be maintained to a height of
not more than 6 inches.
J. Swimming pools or ponds shall be accessible to Fire Department vehicles.
K. Fences shall be kept clear of brush and debris.
L. Wood fences shall not connect to structures.
M. Fuel tanks shall be installed underground with an approved container.
N. Any outbuildings or additional structures shall adhere to the same standards as structures.
O. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from
the structure with standard defensible space vegetation mitigation around any above - ground
tank. Any wood enclosure around the tank shall be constructed with materials approved for 2
hour fire- resistive construction on the exterior side of the walls.
P. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed
in a visible and accessible location.
Q. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and
installed on a non- combustible post.
R. New utility lines shall be buried within the driveway.
S. The Applicant shall comply with the Aspen Fire Protection District Code.
8. No development shall occur outside the approved activity/access envelopes, with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above, and a
hand dug sewer line from the septic envelope to the primary envelope. No structures shall be permitted
outside of the approved building envelope.
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
9. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the
comers of the activity envelope and install construction fencing around the construction site within the
perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of
Occupancy.
10. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one
growing season of the project's completion.
H. At the time of building permit submittal, the Applicant shall surrender TDR's for additional floor area.
12. Prior to issuance of a building permit, the Applicant shall provide proof that the irrigation ditch located
to the east of the residence is lined or culverted. In the event the ditch is not lined or culverted, the
Applicant shall do such.
13. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
14. The Applicant shall comply with the requirements of the Aspen Fire Protection District.
15. Failure to comply with the conditions of this approval may result in revocation of this approval, or any
subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
16. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land
Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, §
2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on-7L,
t, 2010. J
PUBLISHED AFTER ADPIPTION FOR VESTED REAL PROPERTY RIGHTS in the ASDen Times
Weekly on the ZZ day of , 2007.
APPROVED by the Director, this C(�, day of �� , , 2007.
�Houben
Community Development Director
PID# 264315301001
P041 -07
Application for Special Review Approval for Caretaker Dwelling Unit
Parcel ID: 264315301001
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CRAIG KATHLEEN
49 MCGEE RD
GREAT BARRINGTON, MA 01230
LALLY PATRICK T & VALERIE
122LAKEVIEW DR
GREENSBURG,PA 15601
WHITE STAR TRUST
2531 DEL LAGO DR
FORT LAUDERDALE, FL 33316
FARVER SUZANNE
PO BOX 296
WOODY CREEK, CO 81656
SWALM LISA MARIE TRUST
ENCORE TRUST
9 GREENWAY PLAZA STE 1000
HOUSTON. TX 77046
Application for Special Review Approval for Caretaker
Dwelling Unit
Parcel ID: 264315301001
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HODOR GEORGE I & ELLEN
PO BOX 1026
ASPEN, CO 81612
WHITE STAR RANCHES HOA
C/O OATES & GARDENSWARTZ/D KELLY
533 E HOPKINS AVE 3RD FL
ASPEN, CO 81611
www.avery.com
1-800 -GO -AVERY
Exhibit G
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� O & E REPORT
To: GARFIELD & HECHT PC Date Ordered: 02 -14 -2012
Land Title
"'^"^ EIM"PAnr Attn: EHOFFMAN Order Number 419764
Fax: 866- 929 -7870 Phone: 970 -544 -3442
Address: 115 MEADOWLARK LN ASPEN, CO 81611 County: PITKIN
LEGAL DESCRIPTION
SUBDIVISION: WHITE STAR RANCHES LOT: 6 TRACT 6 WHITE STAR RANCHES SUBDIVISION
ACCORDING TO THE 2ND AMENDED PLAT OF WHITE STAR RANCHES SUBDIVISION & PUD IN PL BK
20 PG 65
OWNERSHIP & ENCUMBRANCES
Certification Date: 01 -04 -2012
OWNERSHIP: JALESTON US INC
Doc Tyoe Doc Fee Date Reference#
WARRANTY DEED $811.67 03 -20 -2008 547633
ENCUMBRANCES AND OTHER DOCUMENTS
Item Payable To Amount Date Reference#
DEED OF TRUST TAO TRUST NEW ZEALAND LTD. 07 -08-11 581015
Cost Aef#
OU0019
This report is for inf r- matirnal pure ies only and does not tortmoure any form of title guaranty nor
BKISHA MCFARLANO
BY-
insuranr e.. The liability of this compatty shall not enved ibe rhwTv paid by the applicant fm this repro.
nor shall the company be held liable to any panic other than the applicant for this report.
Land Title
Property Resource Specialist
Email: cle@Itgc.corn
Rhone: 303 -B50 -4190
Application for Special Review Approval for
Fax: 303- 393 -4978
Caretaker Dwelling Unit
Fl-'7, f--.k- b t,:. ;,
Parcel ID: 264315301001
OU0019
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Land Tide
cw+xurEa mHrwr
000020
Prepared For:
GARFIELD & HECHT PC
E HOFFMAN
Reference: 115 MEADOWLARK LN ASPEN, CO 81611
Attached are the additional documents you requested:
poc Type Recorded
KISHA MCFARLAND
Land Title
Property Resource Specialist
Email: kmcfarlandCultgc.com
Phone: 303 -850 -4192
Fax: 303 - 393 -4978
AD ROCS 419764
Reception # /Book?Ae
Application for Special Review Approval
for Caretaker Dwelling Unit
Parcel ID: 264315301001
w
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 16, 2008 at 8:00 AM
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy46 117/06)
Proposed Insured:
JALESTON US, INC.
(b) ALTA Loan Policy- (6/17/06)
Proposed Insured:
(c) ALTA Loan Policy- (6/17/06)
Proposed Insured:
Case No. PCT21848L
Rate: Re -Issue
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ASPENSMITH FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
TRACTS,
WHITE STAR RANCHES SUBDIVISION AND P.U.D., according to the Second Amended Plat thereof
recorded in Plat Book 20 at Page 65.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
870- 8257766Phone/970 -925 -6527 Fax
877- 217 -3158 Toll Free
AUTHORIZED AGENT
Countersigned:
&'i
000421
Schedule A -PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
Application for Special Review Approval
for Caretaker Dwelling Unit
Parcel ID: 264315301001
SCHEDULE 8 - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
Release by the Public Trustee of the,
Deed of Trust from
: ASPENSMITH FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY
to the Public Trustee of the County of PITKIN
for the use of
: ALPINE BANK ASPEN
original amount
sommoomm
dated
September 11, 2006
recorded
September 15, 2006
reception no.
:528662
2. Release by the Public Trustee of the,
Deed of Trust from : ASPENSMITH FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY
to the Public Trustee of the County of PITKIN
for the use of : ALPINE BANK, A COLORADO BANKING CORPORATION
original amount "Mmom" W
dated : May 10, 2007
recorded May 17, 2007
reception no. :537960
A Statement of Authority was recorded for ASPENSMITH FARMS, LLC on September 15, 2006 as
Reception No. 528659, evidencing that DONALD M. SMITH is the authorized person to bind the
transaction contemplated herein.
3. Duty executed and acknowledged Deed,
From : ASPENSMITH FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY
To : JALESTON US, INC.
4. Evidence satisfactory to the Company that JALESTON US, INC. is a duly existing and valid corporation
existing pursuant to the laws of the State of . must be delivered to and approved by
the Company.
5. Statement of Authority of JALESTON US, INC. evidencing the names and addresses of the Officers)
authorized to act on behalf of said Corporation.
(Continued)
000022
Application for Special Review Approval for
Caretaker Dwelling Unit
Parcel fD: 264315301001
SCHEDULE B - SECTION 1
REQUIREMENTS - Continued
6. Duty acknowledged certificate of the authorized Managing Agent or Board of Directors of White Star Ranches
certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a
lien on the subject property.
7. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded)
8. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons,
corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be
recorded)
9. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by
H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to
and retained by the Assessors Office in the County in which the property is situated)
Application for Special Review Approval
for Caretaker Dwelling Unit
Parcel ID: 264315301001
Application for Special Review Approval
for Caretaker Dwelling Unit
Parcel ID: 264315301001
000023
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming
to be in possession, thereof.
2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the
public records.
4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished,
which lien, or right to a lien, is not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Ads authorizing the issuance
thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable
servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water
rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records.
6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records
of any taxing authority that levies taxes or assessments on real property or by the public records;
proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or
garbage collection or disposal or other utilities unless shown as an existing lien by the public records.
8. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
SPECIAL EXCEPTIONS
9. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded
December 08, 1894 in Book 55 at Page 52.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by
the authority of the United States as reserved in United States Patent recorded December 28, 1950 in
Book 175 at Page 450.
11. Undivided 1/2 interest in all oil, gas and other mineral rights, as reserved in Deed recorded in Book 203 at
Page 561, and any and all assignments thereof or interests therein.
12. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as
set forth in Second Amended and Restated Declaration of Covenants recorded January 27, 2005 as
Reception No. 506433 and re- recorded January 11, 2006 as Reception No. 519635, deleting therefrom
any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin.
13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded March 28, 1985 in Book 483 at Page 584 as Resolution No. 85-30.
(Continued)
Application for Special Review Approval
for Caretaker Dwelling Unit
arcel ID: 264315301001
iQ
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
14. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross
Electric Association, Inc., in instrument recorded November 6, 1985 in Book 498 at Page 584.
15. Easements, rights of way and all matters as disclosed on Plats of subject property recorded in White Star
Ranches Subdivision in Plat Book 10 at Page 36, Amended White Star Ranches Subdivision and PUD in Plat
in Book 17 at Page 32 and 2nd Amended White Star Ranches Subdivision and P.U.D. recorded in Plat Book
20 at Page 65.
16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded October 28, 1991 in Book 659 at Page 999.
17. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross
Electric Association, Inc., in instrument recorded January 13, 1994 in Book 738 at Page 753,
18. Terms, conditions, provisions and obligations of Contract for Electric Service granted to Holy Cross Electric
Association, Inc. recorded February 18, 1994 in Book 742 at Page 258.
19. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Hoy
Cross Electric Association, Inc., recorded February 23, 1994 in Book 742 at Page 557.
20. Terns, conditions, provisions and obligations as set forth in Pipeline, Maintenance and Access Easement
Agreement recorded August 28, 2006 as Reception No. 527906 and re- recorded September 20, 2006 as
Reception No. 528784.
21. Terms, conditions, provisions, obligations and all matters as set forth in Administrative Decision of the
Community Development Director of Pitkin County recorded July 11, 2007 as Reception No. 539783 as
Administrative Decision No. 062 -2007.
Application for Special Review Approval for
Caretaker Dwelling Unit
Parcel ID: 264315301001
O1i0025
Exhibit H
Jaleston US, Inc.
c/o Gilbride, Tusa, Last & Spellane, LLC
P.O. Box 658
Greenwich, Connecticut 06836
February 16, 2012
Ms. Suzanne Wolfe
Pitkin County Community Development Department
130 S. Galena Street
Aspen. CO 81611
Dear Ms. Wolfe,
Jaleston US. Inc., a Delaware corporation, is the owner of 115 Meadowlark Lane, Aspen,
Colorado 81611 (the "Property'). The legal description of the Property is Tract 6, White Star
Ranches Subdivision, according to the Second Amended Plat of White Star Ranches Subdivision
and PUD, recorded in the real property records of Pitkin County, Colorado, in Plat Book 20 at
Page 65.
Please accept the enclosed application for Special Review approval for a Caretaker Dwelling
Unit on the Property. Jaleston US, Inc. is represented by attorney Michael Hoffman, Esq. of
Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611. Mr. Hoffman is authorized
to submit and prosecute this application.
Sincerely,
JALESTON US, INC..
a Delaware A voratior.
Z
000026
W
Application for Special Review Approval for Caretaker
Dwelling Unit
Parcel ID: 264315301001
Exhibit I
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
ACREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COL NTY (hereinafter COUNTY) and Jaleston US, Inc.
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1 APPLICANT has submitted to COUNTY an application for Special Review for Caretaker
Dwelling Unit (hereinafter. THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030 -2009 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay. in full. the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size. nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
q. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Plannim, Commission and,'or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the C'OUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of S 936.00 which is based on3.66 hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of- processing.
PITKIN COLNTN' APPLICANT
Cindy Houben
Community Development Director
Effective 01!26%2010
6 courn admen form, egrennznt to nae
000027
JALESTON ITS, INC_.
a Delaware corp
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Johr`P. Tesei
President
Dated: February 17. 2012
Address:
c/o E. Michael Hoffman
Garfield R Ilecht, P.C.
601 E. Hyman Avenue
Aspen. Colorado 81611
Application for Special Review Approval for Caretaker Dwelling
Unit
Parcel ID: 264315301001
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Exhibit K
OCCUPANCYDEED RESTRICTIONAND AGREEMENT
FOR A CARETAKER DWELLING UNIT
APPROVED PURSUANT TO SECTION 6- 30 -40(c)
OF THE PITKIN COUNTY LAND USE CODE
THIS AGREEMENT is made and entered into this day of March, 2010, by Jaleston US, Inc.
(hereinafter referred to as "Owner "), whose address is 115 Meadowlark Lane, Aspen, Colorado, located in
the County of Pitkin, and the Aspen/Pitkin County Housing Authority, a multi jurisdictional housing
authority established pursuant to the FOURTH AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT recorded on January 2, 2008 at Reception No. 545387 of the
records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority ").
WITNESSETH
WHEREAS, Owner owns real property more specifically described as Tract 6, White Star Ranches
Subdivision, according to the Second Amended Plat of White Star Ranches Subdivision and PUD,
recorded in the real property records of Pitkin County, Colorado, in Plat Book 20 at Page 65 or further
described in Exhibit A, attached hereto (hereinafter referred to as "Real Property"), which Real Property
contains a one - bedroom, approximately 935 square foot unit, detached from the principal residence,
approved in Administrative Decision No. . For purposes of this Agreement, the Caretaker Unit, the
Real Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be
referred to as the "Property "; and
WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and
occupancy of the Caretaker Unit to employees and their families who are employed in Pitkin County and
meet the qualification guidelines established and indexed by the Authority on an annual basis or to members
of the immediate family of the Owner.
NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the
Owner hereby covenants and agrees as follows:
Owner hereby covenants that the Caretaker Unit described above shall not be condominiumized. The
Caretaker Unit shall be constructed as a separate dwelling unit so as to be capable of being occupied
separately from the principal residence.
2. The use and occupancy of the Caretaker Unit shall henceforth be limited to occupancy by no more than
two (2) adults and related children, who are employed in Pitkin County and who meet the definition of
"employee" as that term is defined by the qualification guidelines established and indexed by the
Authority on an annual basis, or members of the immediate family of the Owner. "Immediate family"
shall mean a person related by blood or marriage that is a first cousin (or closer relative) and his or her
children. Owner shall have the right to lease the Caretaker Unit to a "qualified employee" of his own
selection. Such individual may be an employee of the Owner, provided such person(s) fulfills the
requirements of a qualified employee.
3. Owner shall not be required to rent the Caretaker Unit, however, when rented, written verification of
employment of employee(s) proposed to reside in the Caretaker Unit shall be completed and filed with
the Authority by the Owner prior to occupancy thereof, and such verification must be acceptable to the
Authority.
4. Lease agreements executed for occupancy of the Caretaker Unit shall provide for a rental term of not
less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the
Authority by the Owner within ten (10) days of approval of the employee(s) for the Caretaker Unit.
000029
5. This Agreement may be removed by the Owner with the approval of the Planning Director of Pitkin
County, subject to the requirement that the Caretaker Unit is removed or modified. If modified, the
remaining improvements must no longer be capable of occupancy as a 'Dwelling Unit" as defined in
the Pitkin County Land Use Code and must meet otherwise applicable code requirements.
6. Unless modified as stated above, this Agreement shall constitute covenants running with the Real
Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority,
the Board of County Commissioners of the County of Pitkin, Colorado, and their respective successors,
as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or
eviction of non - qualified tenants.
IN WITNESS HEREOF, the parties hereto have executed this instrument on this day and year above
first written.
CI EM
JALESTON US, INC.,
a Delaware corporation
LYA
John P. Tesei
President
STATE OF CONNECTICUT )
) es.
COUNTY OF FAIRFIELD )
The foregoing instrument was acknowledged before me this day of March, 2012, by John P.
Tesei, as President of Jaleston US, Inc., a Delaware corporation.
WITNESS MY hand and official seal.
Notary Public
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority.
THE ASPEN /PITKIN COUNTY HOUSING AUTHORITY
an
STATE OF COLORADO
COUNTY OF PITKIN
000030
, Chairperson
ss.
Application for Special Review Approval for
Caretaker Dwelling Unit
Parcel ID: 264315301001
The foregoing instrument was acknowledged before me this day of 20_, by
Chairperson, Aspen/Pitkin County Housing Authority.
WITNESS MY hand and official seal.
My Commission expires:
Notary Public
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Application for Special Review Approval
for Caretaker Dwelling Unit
Parcel ID: 264315301001
EXHIBIT A -2
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ASPEN #PITKIN
REGIONAL BUILDING DEPARTMENT
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PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on April 25, 2012, the Pitkin
County Community Development Director granted approval for the Jaleston US Inc
Special Review for a Caretaker Dwelling Unit (Case P015 -12; Deter. #0258- 2012). The
property is located at 0115 Meadowlark Lane and is legally described as Lot 6, White
Star Ranches Subdivision. The State Parcel Identification Number for the property is
2643 - 153 -01 -001. This site - specific development plan grants a vested property right
pursuant to Title 24, Article 68, Colorado Revised Statutes.
S /Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the Aspen Times Weekly, on MAY 10, 2012.
PUBLIC NOTICE
RE: Jaleston US Inc. Special Review for a Caretaker Dwelling Unit (Case P015 -12)
NOTICE IS HEREBY GIVEN that an application has been submitted by Jaleston US
INC (31 Brookside Drive, Glenville, CT 06830) requesting to convert existing space into
a caretaker dwelling unit. The property is located at 0115 Meadowlark Lane and is
legally described as Lot 6, White Star Ranches Subdivision. The State Parcel
Identification Number for the property is'-)643-153-01-001. The application is available
for public inspection in the Pitkin County Community Development Department, City
Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne
Wolff at (970) 920 -5093.
Published in the Aspen Times Weekly on March 8, 2012.
Attention All Property Owners within 300' of the subject property
A property owner receiving this public notice who wishes to submit comments or an
objection shall submit those to the Pitkin County Community Development, 130 South
Galena Street, Aspen, Colorado 81611, by April 9, 2012. If any objections to the
development application are received the Community Development Department shall
continue the application to a public hearing before the Hearing Officer.
http• / /wwiv aspenpitkiii com/ Portals /O /docs /count} /Coni %?ODev /Planning /Land Use Applicatio
ns /P015 12 app.odf
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2 -20 -100
1 E. Michael Hoffman , being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in
the following manner:
1. By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property within 300' to the subject property,
as indicated on the attached list, on the 29thday of February, 2012 (which is 44Q days prior to the
public hearing date of 4/9/12 ). The names and addresses of the adjacent property owners shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the
public hearing.
2. By posting a sign in a conspicuous place on the subject property (as it, could be,'see)r from the nearest
public way) on the 9th day of March 2012, which is at lea5f fifteen (f 5) O'ays prior to the
public hearing. A photograph of the posted sign is
ttaGlfec hereto ,. % J
Jaleston US, Inc.
Applicant's name
(Attach photograph here)
G\Co ty4 M1ng0 mslafEdav4
Signed before me thisZ�&ay of A
2012by 1
D��Co WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: _ / Z / � z-
�..sll/'tS7`7/J�`, C(�lrJ/J / /2gLcr�r1
Notary Public
N Rubli sSignat r
PUBLIC NOTICE
RE: Jaleston US Inc. Special Review for a Caretaker Dwelling Unit (Case P015 -12)
NOTICE IS HEREBY GIVEN that an application has been submitted by Jaleston US
INC (31 Brookside Drive, Glenville, CT 06830) requesting to convert existing space into
a caretaker dwelling unit. The property is located at 0115 Meadowlark Lane and is
legally described as Lot 6, White Star Ranches Subdivision. The State Parcel
Identification Number for the property is 2643 - 153 -01 -001. The application is available
for public inspection in the Pitkin County Community Development Department, City
Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne
Wolff at (970) 920 -5093.
Published in the Aspen Times Weekly on March 8, 2012.
Attention All Property Owners within 300' of the subject property
A property owner receiving this public notice who wishes to submit comments or an
objection shall submit those to the Pitkin County Community Development, 130 South
Galena Street, Aspen, Colorado 81611, by April 9, 2012. If any objections to the
development application are received the Community Development Department shall
continue the application to a public hearing before the Hearing Officer.
hqp:// www .aspenpitkin.com/Portals /0 /docs /county /C.om %20Dev /Planning /Land Use Applicatio
ns /P015 12 app.pdf
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CRAIG KATHLEEN
49 MCGEE RD
GREAT BARRINGTON, MA 01230
LALLY PATRICK T & VALERIE
122 LAKEVIEW DR
GREENSBURG, PA 15601
WHITE STAR TRUST
2531 DEL LAGO DR
FORT LAUDERDALE, FL 33316
FARVER SUZANNE
PO BOX 296
WOODY CREEK, CO 81656
SWALM LISA MARIE TRUST
ENCORETRUST
9 GREENWAY PLAZA STE 1000
HOUSTON, TX 77046
HODOR GEORGE I & ELLEN
PO BOX 1026
ASPEN, CO 81612
WHITE STAR RANCHES HOA
C/O OATES & GARDENSWARTZ/D KELLY
533 E HOPKINS AVE 3RD FL
ASPEN. CO 81611
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38
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
February 29, 2012
Michael Hoffinan
601 East Hyman Avenue
Aspen, CO 81611
mhoffinanl @garfieldhecht.com
Re: Jaleston US Inc Special Review for a Caretaker Dwelling Unit
(PID #2643- 153 -01 -001; Case #P015 -12)
Dear Mr. Hoffman:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300'
of the subject property with the return address of the Community Development Department (copy of
notice will be mailed to you by the Community Development Department) by March 8, 2012. The
names and addresses shall be those on the current tax records of Pitkin County as they appeared no
more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice who wishes to submit comments or objections to the Community
Development by 9`h day of April, 2012. If any objections to the development application are received by
this date, the Community Development Department shall continue the application to a public hearing
before the Board of County Commissioners.
2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 23`d day of March, 2012, which is at least fifteen (15) days prior to April 8, 2012.
This must be submitted prior to any approvals being granted.
If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2 -20 -100
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
MEMORANDUM
To: Pitkin County Housing
Whitestar Ranch Homeowners Association
FROM: Suzanne Wolff, Community Development Department
Suzanne.wolffa]co.pitkin.co.us
a]co.pitkin.co.us
Re: Jaleston US Inc Special Review for a Caretaker Dwelling Unit
(PID 2643- 153 -01 -001; Case P015 -12)
DATE: February 29, 2012
Attached for your review and comments are materials for an application submitted by
Jaleston US Inc. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Monday, April 9, 2012.
http• / /www aspenpitkin com/ Portals /0 /does /county /Com %20Dev /Plannink /Land Use Ap
plications /P015 12 app.pdf
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie .waechtler(a)co.pitkin.co.us or 920 -5109.
Thank you.
MEMORANDUM
TO: Suzanne Wolff, Community Development Department
FROM: Cindy Christensen, Aspen/Pitkin County Housing Authority
DATE: March 15, 2012
RE: Jaleston US Inc. Special Review for a CDU
Parcel ID No. 2643 - 153 -01 -001; P015 -12
ISSUE: The applicant is seeking approval to construct a caretaker dwelling unit.
CARETAKER DWELLING UNIT: According to Section 4- 30- 50(e)(1), CDU as Permitted
Accessory Use, in the RS -160, RS -35, RS -30, RS -20, AR -10, AR -2, R -30, R015, R -15A and R -6
zone districts one CDU shall be a permitted accessory use provided that:
1. It is attached to a single - family home (the principal dwelling).
2. The caretaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that are 30,000 square feet or greater in lot area, and 700 net livable square feet on lots or
parcels that are less than 30,000 square feet in lot area.
3. The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or parcel of land.
4. Two off - street parking spaces shall be provided for each caretaker dwelling unit
The applicant shall, by deed restriction or other permanent commitment running with the
land, guarantee that the caretaker unit:
a. shall not be required to be rented;
b. shall not be sold or otherwise conveyed or separated from the original parcel
regardless of the ultimate form of ownership of the caretaker unit;
c. shall be limited to occupancy by not more than two 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, or by
members of the owner's immediate family even though they may not qualify as
employees of the community;
d. shall be rented for terms not less than six months if rented.
6. The caretaker dwelling unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
t ��z
The provisions of this regulation are for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
Section 4- 30- 50(e)(2)(c) allows a caretaker dwelling unit, as a special review, to be detached from
the principal single - family dwelling on the lot or parcel.
RECOMMENDATION: Staff recommends approval of this request under the following
conditions:
1. Conditions 1 through 5 stated above are met.
2. The kitchen contains at a minimum a two -burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic
feet; the sink must measure at least 14 "WX16 "DX5.25 "H; refrigerator must be at least 5.3
cubic feet and include at least a .73 cubic foot freezer.
3. A deed restriction shall be recorded prior to issuance of a building permit.
4. Although a copy of the floor plans was provided, a better copy of the floor plans for the
caretaker dwelling unit shall be provided prior to issuance of a building permit.
Upon completion of the unit, but prior to Certificate of Occupancy, staff has the right to
conduct an inspection of the unit for compliance.
Pa
Z
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00032068
Name: Alireza Ittihadieh Date:2/17/2012
Project Address: 115 MEADOWLARK LN
Type: check
# 163
Permit Number
Fee Description
Amount
0015.2012.PLAN
PP- Flat Fee
936.00
0015.2012.PLAN
PP- Clerk Tech Fee
25.00
0015.2012.PLAN
PP- Public Notice Fee
54.00
0015.2012.PLAN
PP- Housing Referral Fee
179.00
Total:
1,194.00