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HomeMy WebLinkAboutpitkin.planning.273706301005DOCUMENT 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) Application Date: 4/17/12 Case No: P041 -12 Parcel ID: 2737- 06 -3 -01 -005 Planner: Mike Kraemer Description: Bechtolsheim Special Review for a Caretaker Dwelling Unit # Copies: 1 Allocated Hours: 3 % Over Hours: 3.6 Project Address: 57 SABIN DR, ASPEN, CO 81611 Property Owner: BECHTOLSHEIM Owner's REP: PATRICK S RAWLEY REP's Email: info @scaplanning.com Referrals: ALL OTHER REFERRALS Comments Due Date: 0610412012 Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 05/03/2012 Meeting Notes: Address: PO BOX 20005 Owner Phone: (650) 888 -8885 STANFORD, CA 94309 Address: 412 N MILL ST REP's Phone: (970) 925 -2323 ASPEN, CO 81611 Other Referrals: Housing 04/30/12 Red Mtn Ranch HOA none 2nd Meeting: Approvals: P &Z Determination #: BOCC Resolution #: BOCC Ordinance #: HO Determination #: Admin Determination #: 038 -2012 #590005 Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: no vesting Application Type: caretaker Dwelling Unit (CDU) Minor Special Review *ter+' 3rd Meeting: RECEPTION #: 590005, 06121/2012 at 12:08:28 PM, 1 OF 2, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DESCISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO APPROVING THE BECHTOLSHEIM SPECIAL REVIEW FOR A DETACHED CARETAKER DWELLING Administrative Decision No M- -2012 RECITALS 1. Andreas Bechtolsheim ( "Applicant ") has applied to the Community Development Director of Pitkin County, Colorado, for approval of a detached Caretaker Dwelling Unit ( "CDU "). The CDU was previously constructed above an existing garage and received a permit, however, the unit did not receive Special Review approval and was not deed restricted with the Aspen/Pitkin County Housing Authority. The existing unit is approximately 532 square feet. 2. The lot is 57 Sabin Drive and is legally described as Block 3, Lot 8 of the BOCC approved Red Mountain Subdivision. The lot is approximately 3.658 acres and is conforming in size in the R- 30 Zone District. 3. The Applicant provided notice of the application to adjacent property owners as required pursuant to Sec. 2- 20- 100(A) of the Land Use Code on May 1St, 2012. The public notice sign was posted on the property on May 17th, 2012. No objections were received within 30 days from the date the notice was mailed. The Application was referred to the Red Mountain Subdivision HOA. No comments were received. 4. The Director finds that the Bechtolsheim detached CDU complies with applicable standards of the 2006 Land Use Code as amended found at Subsections 4- 30- 50(e)(1)(2), 2- 30- 30(h), 6-30 - 40(c), and 2- 40- 20(f). THE DIRECTOR DOES HEREBY APPROVE the Bechtolsheim request for a detached CDU, subject to the following conditions: The detached CDU shall not exceed 1,000 net livable square feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of 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. The floor plan for the CDU shall be submitted to the County Housing Office for review. 2. Prior to issuance of building permit, the Applicant shall, by covenant, 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 Office to be) employees of the community under 033 - Z0 1Z. c,drnt'n such guidelines as may be from time to time established, or 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 6 months if rented. 3. County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above - referenced requirements. 4. 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. 5. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 6. At permit submittal, the Applicant shall show proof of a legal water source for the CDU. 7. The Applicant shall adhere to all material representations made in the application. 8. 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. APPROVED: ijv�� "Z &-,Luo Cindy Hou en Community Development Director Date: . 32012 P041 -12 PID#273706301005 l� s STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t. 970/925 -2323 f 970/9201628 info Ldscaplannmg.com www.scaplanning.com �w c r' ,1g> 17 April 2012 Mr. Michael Kraemer Pitkin County Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Bechtolsheim / 57 Sabin Drive, Block 3, Lot 8, Red Mountain Ranch . -...nT On behalf of our client, Andreas Bechtolsheim, and in connection with the property located at 57 Sabin Drive, Red Mountain Ranch ( the "Property "), please accept the enclosed Special Review Application for a Caretaker Dwelling Unit. We also enclose a check in the amount of $1,194.00 in payment of the base fees associated with this application. The application conforms to the pre - application conference summary dated 15 March 2012. The purpose of this application is to correct a deed restriction oversight for an existing Caretaker Dwelling Unit located over the detached garage located on the Property. The Caretaker Dwelling Unit is currently used, and will be used in the future, to house the caretaker of the Property. A draft CDU deed restriction which conforms to the Aspen Pitkin County Housing Authority's form has been made a part of this application. Please call me with any questions. Very truly yours, Patrick S. Rowley, AICP STAN CLAUSON ASSOCIATES, INC. Enclosure cc: Andy Bechtolsheim 000001 of 31 SPECIAL REVIEW APPLICATION PID# 273706301005 12 April 2012 Applicant: Andreas Bechtolsheim Location: 57 Sabin Drive Block 3, Lot 8 Red Mountain Ranch An application for Special Review for a Caretaker Dwelling Unit Represented by: ISTAN CLAUSON ASSOCIATESmc i' Ia MscsSS (asset 4eNsn ♦a K" MU Stmt Apan, Cds(aAS 99511 L970M5•2321 6E706W1634 Inkvk&PW"S. WmIcayhmdnscm 000002 TABLE OF CONTENTS ■ Project Overview and Code Response ■ Attachment 1 - Letter of Authorization ■ Attachment 2 - Parcel Description and Vicinity Map ■ Attachment 3 - Proof of Ownership and Demonstration of Legal Creation ■ Attachment 4 -draft Occupancy Deed Restriction and Agreement Ior a Caretaker Dwelling Unit ■ Attachment 5 -Architectural Plans Attachment 6 - Site Plan ■ Attachment 7 - Certificates of Occupancy ■ Attachment 8 -Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fee Agreement ■ Attachment 9 - Pre - application Conference Summary Bechfolshelm, 57 Sabin Drive /Application for Special Review for a Caretaker Dwelling Unit (CDU) PIN: 273706301005 12 Apia 2012 000003 Project Overview Andreas Bechtolsheim (the "Applicant "), submits this application for Special Review for a Caretaker Dwelling Unit (CDU) to legalize an existing Caretaker Dwelling Unit located over the detached garage on his property, located at 57 Sabin Drive, Red Mountain Ranch. The unit has been utilized to house the caretaker of the property for some time and this use will continue In the same or a similar manner for the foreseeable future. The Pitkin County Zoning Officer has determined that the subject Caretaker Dwelling Unit has not been properly deed restricted. The Caretaker Dwelling Unit, which contains approximately 532 sq. ft. of net livable space, was Initially an artist studio with a toilet and sink. Subsequent remodeling, for which a Building Permit was issued, resulted in the construction of a shower and kitchen which made the unit habitable. The Applicant wishes to correct the deed restriction oversight with this application. A draft CDU deed restriction using standard language provided by the Aspen Pitkin County Housing Authority has been a made a part of this application. We look forward to working with the Community Development Department to appropriately deed restrict and cure any approval Issues for this existing Caretaker Dwelling Unit. Bechtolshelm, 57 Sabin Drive /Application for Special Review for a Caretaker Dwelling UnM (CDU) PID0:273706301005 Page 1 12 April 2012 11M Land Use Code Sections Sec. 2- 30- 30(h): Special Review for a CDU (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 existing Caretaker Dwelling Unit is consistent with applicable County Master Plans. (b) The special review use shall not conflict with any applicable sections of the Pltkin County Land Use Code, Including the County Land Use Policies In Chapter 1. The existing Caretaker Dwelling Unit does not conflict with any applicable sections of the Pitkln County L.U.C, including the County Land Use Policies In Chapter 1. (c) The proposed development must not materially endanger the public health, safety or welfare. The existing Caretaker Dwelling Unit does not materially endanger the public health, safety or welfare. (d) The proposed development must not substantially Injure the value of adjoining or abutting property. The existing Caretaker Dwelling Unit will not substantially Injure the value of adjoining or abutting property. (e) The special review use &ball be consistent with the Intent of the zone district in which it Is proposed to be located. The existing Caretaker Dwelling Unit Is consistent with the intent of the R-30 zone district which is intended to provide areas for suburban density, single -family and duplex residential dwelling units with customary accessory uses. A caretaker dwelling unit is a customary accessory use. (1) 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 existing Caretaker Dwelling Unit will continue a use that has been compatible with the character of the Immediate vicinity for some tine. The Protective Covenants for Block 3 of the Red Mountain Ranch, Section 1 of Article VI, allows for the proposed use of the of the existing Caretaker Dwelling Unit. (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, Including visual impacts, Impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, alrAvater pollution or other Impacts on natural resources, nolse, vibrations and odor on surrounding properties. Bechtolsheim, 57 Sabin Drive /Application for Special Review for a Caretaker Dwelling Unit (CDU) PID#. 275706301005 Page 2 12 April 2012 000005 The location, size, design, and operating characteristics of the existing Caretaker Dwelling Unit is completely in harmony with the surrounding areas and no adverse effects have been referenced, to our knowledge, from surrounding properties. (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 and services serve the existing Caretaker Dwelling Unit, 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. (1) The proposed special review use must comply with any additional standards or requirements stated for such use In Sec. 4-30 and/or See. 240 -20. The standards or requirements stated in Sec. 430 and 2 -40-20 for the existing Caretaker Dwelling Unit will be responded to in this application. p) 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, useststructures may be restored as of right pursuant to See. 9 -30-70 of the Land Use Code. In the event that the existing Caretaker Dwelling Unit is no longer used, the structure will be brought into conformance with the underlying zone district regulations. If the existing Caretaker Dwelling Unit Is unwillingly demolished or destroyed, the existing Caretaker Dwelling Unit will be restored pursuant to Sec. 9 -30.70 of the L.U.C. (3) Subdivision Exemption for Fully Developed Lands (a) A subdivision exemption for fully developed lands may be permitted at the discretion of the County subject to compliance with standards In this section: The existing Caretaker Dwelling Unit Is part of a fully developed subdivision that has recorded a final plat map with the Pitkin County Clerk and Recorder. No remodeling is contemplated with this application and, to the best of our knowledge, the existing Caretaker Dwelling Unit was the subject of a Building Permit and was constructed in conformance with the standards at the time of development. (b) For applications that comply with the above criteria, a GMQS exemption is available pursuant to Sec. 6- 30400(b). The existing Caretaker Dwelling Unit qualifies for a GMQS exemption for CDU's pursuant to Sec. 630- 40(c). (7) Road and Easement Vacations The BOCC may vacate a road or easement at the request of a private landowner(s) or at Insistence of the County subject to compliance with the following standards. For purposes of this section, the terms "road" and "easement" shall be deemed to Include any and all parcels upon which there has been RgaUy sufficient dedication to the public use and a legally sufficient acceptance of the dedication by the public or authorized agents, representatives or officials of public entities. Bechfoishelm, 57 Sabin Drive /Appllcatlon for Special Review for a Caretaker DwoMing UnR (CDU) PIDM, 273706501005 Page 3 12 April 2012 OOOiIGQ No road and /or easement vacation Is request as a part of the legaraation of the Caretaker Dwelling Unit. (10) Location and Extent Review (a) The purpose of the location and extent review is to determine whether any proposed road, park, or other public way, ground, or space, or public building or structure or public utility, whether publicly or privately owned is in conformance with the applicable County Comprehensive Plan or Master Plan. No road, park, or other public way, ground, or space, or public building or structure or public utility is contemplated with this application to legalize an existing Caretaker Dwelling Unit. Sec. 4- 30- 50(e)(1x2): 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 County. 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. (1) CDU as Permitted Accessory Use In the RS -160, RS -35, RS-30, RS -20, AR -10, AR -2, R-30, R -15, R -15A, and R-6 zone districts, one (1) caretaker dwelling unit shall be a permitted accessory use provided that: (a) It is attached to a single family home ("principal dwelling"); The existing Caretaker Dwelling Unit is not attached to the single family home and will be subject to Special Review Procedures for CDU's, Sec. 2- 40- 20(f). (b) The lot or parcel on which It is located conforms to the minimum lot are requirements for each dwelling in the zone district in which the caretaker dwelling unit Is located, as shown in Table 5 -1; The lot on which the existing Caretaker Dwelling Unit is located consists of 3.8 acres (165,528 sq. ft.) and conforms to the minimum lot area of 30,000 sq. ft. for the R -30 zone district. (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 hundred (700) net livable square feet on lots or parcels that are left than thirty thousand (30,000) square feet In lot area; The existing Caretaker Dwelling Unit contains approximately 532 sq. ft. of net livable square footage and therefore conforms to the set maximum as determined by lot area. (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); The floor area of the Caretaker Dwelling Unit has been included in the total allowed floor area for the lot. (e) Two (2) off - street parking spaces shall be provided for each caretaker dwelling unit. Two off - street parking spaces shall be provided for the CDU. Bechfolshelm, 57 Sabin Drive /Applicallon for Special Review for a Caretaker Dwelling Unit (CDU) PIDA: 273706501005 Page 4 12 April 2012 000001 (1) The applicant shall by deed restriction or other permanent commitment running with the land guarantee that the caretaker dwelling unit: A draft of the CDU deed restriction has been made a part of this application. The CDU deed restriction will be submitted to the Aspen Pltkin County Housing Authority (APCHA) for review and approval. Upon approval and execution of the deed restriction by the applicant and APCHA, the CDU deed restriction will be recorded with the Pitkin County Clerk and Recorder. (1) 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 requirements of this Land Use Code. The draft of the CDU deed restriction contains language concerning the removal of the deed restriction. (g) 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 of this Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere In this Land Use Code The existing Caretaker Dwelling Unit will not be used for mitigation of employee housing requirements. (2) CDU As Special Review Accessory Use A caretaker dwelling unit that Is (a) located In the LiR -35, VR, B -2, VC, P -I, 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 none district where it is located, as set forth In Table 5-1, or (e) Is detached from the principal single - 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. The existing Caretaker Dwelling Unit is detached from the principal single - family dwelling unit on the lot and will respond to Sec. 2- 40- 20(f): Additional Special Review Procedures for CDUs. The existing CDU meets the requirements of Sec. 4- 30 -50(e) (1) (c) through (1)(g)• Sec. 6- 30 -40(d) 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 she 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(s). The CDU may be either attached to a single-family dwelling unit ( "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 a CDU Is a use allowed by special review In the R-30 zone district and is exempt from GMQS. Sec. 2.40 -20(f) Additional Special Review Procedures for Caretaker Dwelling Units (1) The Community Development Director may grant special review approval for a caretaker dwelling unit subject to the following procedures: Bechiolsheim, 57 Sabin DrIve /Applicallon for Special Review for a Caretaker Dwelling Unit (CDU) PIDA: 2 73 70630 1 005 Pago 5 12 April 2012 Iilli The community development department shall post notice and provide mailed notice to the property owners adjacent to the site of the lot or parcel for which a caretaker dwelling unit Is proposed. the notices shall contain the information required by sec. 2- 20-100 and shall state that the community development department will accept comments or objections regarding the application until a date at least two (2) weeks following the postmarked date of the mailed notice. The notice shall further state that if no objections are received by that date, the community development department shall make a decision on the application pursuant to this land use code. The Applicant will ensure that public notice vdll be provided in accordance with Sec. 2- 20 -100. Bechtobheim, 57 Sabin Drive /Application for Special Review for a Caretaker Dwelling Unit (CDU) PIDO: 273706301005 Page 6 12 April 2012 000001 Attachment 1 Mr. Andreas Bechtolsheim 897 Lakeshore Blvd. Incline Village, NV 89451 Email: avbavb @gmail.com 2 April 2012 Mr. Lance Clarke, AICP Deputy Director, Pitkin County Community Development 130 S. Galena St., 3b Floor Aspen, CO 81611 Dear Mr. Clarke: This letter is to certify that I, Andreas Bechtolsheim, owner of the properties located at 57 Sabin Drive, Block 3, Lots 8 and 9 of Red Mountain Ranch, PID# 273706301005 and 273706401004, give Stan Clauson Associates, Inc. and its staff permission to represent me in discussions with Pitkin County regarding applications for the these properties. If you should have any questions regarding this matter, please contact me. Their contact Information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc 412 N. Mill Street Aspen, CO 81611 Tel(970)925 -2323 Fax(970)920 -1628 000010 Very Truly Yours, Andreas Bechtolshelm Parcel Detail Pitkin County Assessor Parcel Detail Information Attachment 2 Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Area Account Number I Parcel Number 2010 Mill Le 008 R003793 H 273706301005 0 22.854 Primary Owner Name and Address BECHTOLSHEIM ANDREAS PO BOX 20005 STANFORD, CA 94309 Additional Owner Detail Legal Description IlSubdivision: RED MOUNTAIN RANCH Block: 3 Lot: 8 1 Location Ph ical Address: 57 SABIN DR ASPEN Subdivision: RED MOUNTAIN RANCH Land Acres: 3.700 Land Sq Ft: 0 2011 Property Value Summary Assessed Value 7 Total: 000011 http: / /www.piti inassessor.grgl assessor /parcel .asp ?AccountNumber=RO03793 30- Nov -11 Parcel Detail 000012 Sale Date: 10/4/1999 Sale Price-117,000,000 Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: CARETAKER APARTMENT: 11528 Number of Comm/Ind 0 Buildings: 2ND FLOOR: 11,956 Page 2 of 3 http: / /www.pitlonassessor.orgl assessor /parcel .asp ?AccountNumber= RO03793 30- Nov -11 Residential Building Occurrence 0 Characteristics CARETAKER APARTMENT: 11528 WOOD 1550 WOOD BALC 1105 STONE 1250 2ND FLOOR: 11,956 FINISHED GARAGE HEATED: 528 FIRST FLOOR: 2,302 Total Heated Area: 14,786 Property Class: SINGLE FAM RES- MPROVEMEN Actual Year Built: 1983 Effective Year Built: 1991 Bedrooms: 4 _R!±Ej 4.5 Quality of Construction: EXCEL T13+ Exterior Wall: WOOD SD GO Interior Wall: DRYWALL Floor: SLATE Floor: WOOD Heat e: HENG RAD HT Heating Fuel: GAS Roof Cover: METAL Roof Structure: SHED Neighborhood: IRED MTN -UPPER Page 2 of 3 http: / /www.pitlonassessor.orgl assessor /parcel .asp ?AccountNumber= RO03793 30- Nov -11 Parcel Detail 11 Super Nbad: TIRED MOUNTAIN II Pitkin County Home Paste Page 3 of 3 The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright 0 2003 - 2011 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 000013 http: / /www.pitkinassessor.org/ assessor /parcel .asp ?AccountNumber= R003793 30- Nov -11 ct Property Fit ' �i a �, •. C� tl , Y y�` 'I# r � f'n• R 1 1 Vicinity Map - 57 Sabin Drive, lot 8, Block 3, Red Mountain Ranch juOu4 PID #: 273706301005 Attachment 3 ont i�� - WILLIAM N. JOY, for ten dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and convoys to Andreas aachtolsheim whose address is 1140 aictltm Aw., Palo Alto, G 94301 , the following real property in the County ofPitkin, State of Colorado, to wit: Lot 8, Block 3, RedMountain Ranch, as set forth in therecorded plat thercofrecorded October 7, 1969 in Plat Book 4 at Page 13 with all its appurtenances and warrants title against all persons claiming underme SUBJECT TO AND EXCEPTING: 1. Taxes for the year 1999 and all subsequent years not yet due or payable. 2. Right of the proprietor of a vein orl odeto extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises and right of way for ditches or canals constructed by the authority ofthe United States as reserved in United States Patent recorded April 2 5, 1906 in Book 55 at Page 152 and April 24, 1922 in Book 55 at Page 263. 3. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Red Mountain Ranch recorded December 15, 1966 in Book 224 at Page 347 and November 16,1969 in Book 244 at Page 553, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, ornational origin. 4. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of Red Mountain Ranch Homeowners Association recorded December 15, 1966 in Book 224 at Page 329, incorporated by reference in instrument recorded in Book 224 at Page 347, end Amendment thereto recorded June 13,1989 in Book 594 at Page 753, and Certificate recorded December 7. 1993 in Book 733 at Page 897 and Settlement Agreement regarding Hunter Creek recorded October 8, 1993 in Book 726 at Page 148, Grant of Easement recorded October 8, 1993 in Book 726 at Page 166, Settlement Agreement recorded October 8, 1993 in Book 726 at Page 170 and Grant of Easement recorded October 8, 1993 in Book 726 at Page 185. 5. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 7, 1969 in Plat Book 4 at Page 13. 6. Terms, conditions, provisions and obligations as set forth in Agreement recorded June' 16,1983 in Book 447 at Page 218. 7. Terms, condition, provisions and obligations as set forth in Right of First Refusal Agreement, to be recorded on the date hereot 0 Signed this 27 day of 1999. Is �! Is William N. Joy STATE OF COLORADO ) as. I COUNTY OF PITKIN ) 4 11225 10 64 /1"0 1193F NIIII III IIS 81 1 4 e2n teiarteee e2msa� c Ro aw:e asws I of 2 R 10.e0 P 700-H N 0,00 PlUlK CWNTY 00 000015 The foregoing Special Warranty Deed was acknowledged before me this o2 =1 day of t.m c 1999 by William N. Joy. Witness my hand and official seal. My commission expires: hV sot 6iH00dn Ay.Ncokndo 11161+ Notary Pu is 11111111111 @4 /I 11111IIIIVIIIEC No IIIIIIIIIIIIII 461411 R 1g." 0 "." 0.0 ND DRYts OILVT 4 d 4 R SI.N D 711.N N /.N FTtKIN C011RF N KRISTI FERRARO GARFIELD A HECHT (� 601 E. 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I Attachment 4 OCCUPANCY DEED RESTRICTIONANDAGREEMENT FOR A CARETAKER DWELLING UNIT APPROVED PURSUANT TO SECTION 6- 30 -40(c) OF THE PITKINCOUNTYLAND USE CODE THIS AGREEMENT is made and entered into this Andreas Bechtolsheim (hereinafter referred to as "Ov Lakeshore Blvd, Incline Village, NV 89451, located ' f Nevada and the Aspen/Pitkin County Housing A authority established pursuant to the FOUAD INTERGOVERNMENTAL AGREEMENT ed on h 545387 of the records of the Pitkin Co `lerk and referred to as "Authority").N WITNE WHEREAS, Owner owfii Drive, Red Mountain Ranch, P described in Exhibit A, attached Real Property, sha asn a principal reside .ose and all appurt imprr referred to as t' '.W .rooerty ". day of 2012, by whose address is 897 rnty of Washoe, State of dti jurisdictional housing ED AND RESTATED 008 at Reception No. ��ffice (hereinafter described as 57 Sabin 3706301005) or further "Real Property"), which 1it, detached from the 1Jnit, the Real Property, with shall hereinafter be S, f# (., "ybt es covenants upon the Pro perty which ` fl oc of thy' or t to employeei nd the ir fa and m ;qualifitin guilines este Auth}y on ual basis or to members of the mediate family of the in consideration of the mutual promises and obligations reby covenants and agrees as follows: 1. Owner herfi is that the Caretaker Unit described above shall not be condominiums tip e 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 000018 "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 &gthority. 4. In the event the Caretaker Unit is rented, the lease ' ` ent executed for occupancy of the Caretaker Unit shall provide for a � of not less than six (6) consecutive months. A signed and executed cD 2lf th a shall be provided to the Authority by the Owner within ten (10) �A�!yof approva a employee(s) for the Caretaker Unit. ; 5. This Agreement may be removed l vner with the approJ% the Planning Director of Pitkin County, subject to ui a ); that the C r Unit is removed or modified. If ied, the re Cvvements must er be capable of occupancy as Unit" as in the Pitkin County and Use Code and must meet other} le code ents. �: 6. Unless modifie as stated abo ,this A t shal - to covenants running 'ry with the � . � ' gyps a buide � ereon ., efit d shall be specifically enforces .: r ei(tprity, the y un' <'' issioners of the County of Pitkin, do, and respecti sors, as 'cable, by any appropriate legal actin f(¢µding,ll}t not limitecQj.,injunction, abatement, or eviction of non- the viffl& two have executed this instrument on this year STATE OF as. CaZilil.�`I The foregoing instrument was acknowledged before me this 2012, by Andreas Bechtolsheim. WITNESS MY hand and official seal. GUOU9 day of Notary Public ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. /5'. THE ASPEN/PITKIN COUNTY HOUSING STATE OF COLORADO COUNTY OF PITKIN The foregoing 20J by Authority. My UU0020 this day of *n/Pitkin County Housing Notary Public a Attachmeni GARAGE LEVEL FLOOR PLAN N (B mum LLI C) z LLI 0 z V5 LLJ °m o LLI 0, M: ol� w 2 0 o� D 0�z _,,TD o 0 Y C) � 02Z LLI 008 vRaECrRo C m BY tl1EC1(ED BY: L4 WIM:2 PLOT; OPRAOE LEVEL FLOOR PLW A101 �s i t o- - - - - -- vo CO� I � b � b �r e E W U z W � o m g !n W v � J LLu wz Zra 0 MOz O 2 zo=o 0 ppp x Zp W N00 F m rm� d "f -2011 GEHIFT PROJEGTNO: Mii�/RI B'I: b CJEGNED BY: W Ise ocie mrm.: nor. v wl UCPER IEVELfLOIXi PIUI ROOF UPPER LEVEL FLOOR PLANS MIDU u A102 000022 T I I I NORTH SOUTH AT CDU n RA£W . ,r J yi} 1 000023 T I I I I eN...uu+e.y WEST ELEVATION: CDU �n1 Y I I I I I I I I I I I I I I I I I I I I I I I I 1 I I 1 UM/JC� NORTH ELEVATION: CDU Y Q I I EAST ELEVATION_CDU SOUTH ELEVATION: CDU U 6 Q 0 E 1 6 E 8 1 s W U Z W 0 o W U � °mo Lu U O U) O J p�mz n7 Y QZ Wm- l ream ri PROROTNv w+nvnl av: a CNELI(Ep Oy; YF IB6NE GATE: vtvml R��MMOT MvtMl E %THUOREIkVAMro & GUIDING 9EOTON ! A201 1 ON MOZ ON INN MNms IV INIRL W* Iq 0' Attachment 6 E 000025 : r.. _:. - .._ .. __..,. -.: u.,- °......:.. ,....v >re.. �a+r..•w..e:_.:.i's .i. �. ui ✓•:.'.:n S: o.n.a :3L.i. _ .... c_a n ., ..r. a ..... .. ... .� ____ _ h ... Tratftratr of Orrupaury ASPEN, *PITKIN REGIONAL.. This Certj/tcate issued pursuant to the requirements of Section 306 of the 1976 Edition of the Uniform Building Code. It eertiftes that at the date of issuance, the structure as describeribelowwov. -N ompliancewiththevariousresolutions and ordinances regulating building construction and use in this jurisdiction. Use C sssifleation Gara¢e atdg Permit 1 1709 Legal Description 7'nt a Block 4 BuildingAddreS$ 57 S&M Owner of Building Lee Millar l ar Owner Address 767 ralwnr Cf'ront� Aspen Colnrudo 81611 Group M /B -2 Type Construction V-N Use Zone R -Zn Description. 384 square -f 66t studio above a nevi 600 aquarQ' -foot detached garage. Comments & Bestrictions: Date Building Official Note Any alteration or use change of these described premises or portion thereofwithout the written approval of the Building Official shall negate this C.O. and subjeid 'it to revocation,. POST IN A CONSPICOUS PLACE 06 000027 V Tut `f `i air of Q r -1 -µ♦♦ru ASIPEN #PITKIN REGION Q L,_ BUILDING - wDEPARTh qN This Certificate issuedpursuant to the requirements of Section MA of the 1976 Edition of the Uniform Building Code It eertIftes that at the date of (ssuance, the structure as described below was in compliance with the various resolutions and ordinances regulating building construction and use in this Jurisdiction. Use Classlacation Caraga aldg Perund 7 7 709 legal Description Lot a Block Building Address 57 qn.1,4n. Owner of Building 3•aa M1 t t ar Owner Address 747 rata a crraar� Anpan Colorado 81611 Group M /B -2 Type Construction V -H Use pne 31-30 Description jVS-4 0 STvLD o am-v�c Alec) Gaol b6,raMWGA) C.+i'2lkCsE Comments & Restrictions: Date Building Official Note: Any alteration or use change of these described premises or portion thereofwithout the written approval of the Building Official shall negate this C.O. and subject it to revocation. POST IN A CONSPICOUS PLACE V ASPEN #PITKIN• REGIQ�IAIr_ �3UI�q,�NO ,C„�,EPA�i�M�NT :: This Certiricate issued pursuant to the requirements of Section 106 tx of Me-1=6—Edition of the Un(form Building Code. It cert(lies that at the datrof IssuancA thestructure as desc.ribedkel6w was in compliance with the various resolutions -� and ordinances regulating building construction and use in this Jurisdiction. Use Classification single family res. Bldg Permit 5977 Legal Description i,pm a arnnrr' a n Ja4puei;a #i3 Itanelt Building Address 0057 Sabin Drive Owner of Building Leg Miller Owner Address — Group R-3 Type Construction V—N Use Zbpe :• 11-30 Description: i ower 14 - ( nas jam, AtrA um, MAC han.j rgl' 3wt 2- bedrooms A Baths 1- bedroom w /loft, 11 baths'._ r Ap Total Floor area - 4J46 fig.•ft. Comments 84 Restriction: Date 2— .13 -84 B tag RIT soef+ gal ; James J. w'`i ' Note: Any alteration or use change of-these described premises or portion thereof without ; the written approval of the Building Official. shall negate this C.O. and iubject It to . revocation. POST•IN A CONSPICOUS PLACE ' ' 'NEW 000028 M ARR 1 11 = 1 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Andreas Bechtolsheim (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Spedat Review for a Caretaker Dwelling unit (CDU) (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. 4. 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 Planning 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 COUNTY'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 $ 936 which is based on 3 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 COUNTY Cindy Houben Community Development Director Effective 01/26/2010 6sounWWm1ntrom1slayttment to pay 000029 APPLICANT Andreas Bechtolsheim Print Name CCR2 3A6YLU Signature / % 2� 1 2 ©\ 2— Date: / Mailing Address: 897 Lakeshore Blvd. Incline Village, NV 89451 Attachment 9 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: 57 Sabin Drive Block 3, Lot 8 PID#: 273706301005 OWNER: ANDREAS BECHTOLSHEIM ZONING: R-30 ACRES: 3.8 acres REPRESENTATIVE: Michael Fuller PHONE: 927 -6620 EMAIL: mfullerCrtlmfullerarcbitects com DATE: March 15, 2012 PLANNER: Mike Kraemer, 920.5482 Type of Application: Special Review for a Caretaker Dwelling Unit (CDU) Description of Project/Development: The Applicant is requesting approval to legalize a CDU that is located within a garage. *Proof of a legal water supply will be required to be furnished at building permit submittal. Land Use Code Sections to be addressed In letter of reauest ( auulication): Sec. 2- 30- 30(h): Special Review for a CDU Sec. 4- 30- 50(eXlX2): Caretaker Dwelling Unit See. 6- 3040(c): OMQS Exemption for CDU Sec. 2- 40- 20(t): Additional Special Review Procedures for CDU's Staff will refer the application to the following agencies: Housing, Red Mountain Ranch HOA. Review by: Community Development Director Public Hearing: No. However, 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 1" Class mail) to all property owners and mineral estate owners within 300' of the subject property 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 FEES: $1,194 (make check payable to "Pitkin County Treasurer") ■ Planning Office flat fee: $936 (non - refundable; based on 3 hours). 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) • Housing Referral Fee: $179 o Public Notice Fee: $54 • Web Technology Fee: $25 To apply, submit 1 COnv (unbound) 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 section listed above. 2. 11 "xl T' showing proof of CDU requirements as designated in Section 2.1.3 of the Pitkin County Land Use Application Manual; 3. Previous land use approvals 4. Proof of ownership of subject property; S. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 000030 8. List of all property owners within 300' of the subject property (1 copy) 9. Consent from owner(s) to process application and authorizing the representative (1 copy) 10. Copy of this pre -app form NOTES. ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPMCATION. PLEASE SUBMTTTWO -SIDED COPIES OFALL REMAINING COPI ESOFYOURAPPLICATION (IFPOSSIBLE). THE PARCEL IDs SHOULD BEINCLUDED ONALL DOCUMENTSINCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALLBEFOLDED. ➢ This pre - application conference sumimary is advisory in nature and not binding on the Coumty. The information provided in this summary Is based on current zoning standards and stars interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000031 PUBLIC NOTICE RE: Bechtolsheim Special Review for a Caretaker Dwelling Unit (P041 -12) NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will consider an application submitted by Andreas Bechtolsheim (PO Box 20005, Stanford, CA 94309) requesting approval to convert an existing space above a garage into a detached Caretaker Dwelling Unit. The property is located at 0057 Sabin Drive, and is legally described as Lot 8, Block 3, Red Mountain Ranch. The State Parcel Identification Number for this property is 2737 - 063 -01 -005. For further information contact Michael Kraemer at the Pitkin County Community Development Department, (970) 920 -5482. Published in the Aspen Times Weekly on MAY 3, 2012. s/Cindy Houben Pitkin County Community Development Director 130 South Galena St., 3`d Floor Aspen, CO 81611 Attention Adjacent Pronerty Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By June 04, 2012. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. http: / /www aspenpitkin com/ Portals /0 /does /county /Com %2ODev/Plannin Land Use Applicatio ns/P041 12 app.pdf County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, Stan Clauson, being or representing an Applicant to the Pitkin County Development Department, 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: By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on 1 May, 2012 (which is 30 days prior to the deadline of 4 June, 2012). 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 comment. 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 17 May, 2012, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Andreas Bechtolsheim Applicant's name Si a e Z Signed before me this 22 day of May, 2012 by Stan Clauson WITNESS MY HAND AND FFICI.AL SEAL My commission expires: 2(5 Patrick Rawley Notary Public l ctG S- G Notary Public's Signature r V dr,� NpTAR Y • ; .c OF CO< My Cawd& m Eon 0712312012 PUBLIC NOTICE RE: Bechtolsheim Special Review for a Caretaker Dwelling Unit (P041 -12) NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will consider an application submitted by Andreas Bechtolsheim (PO Box 20005, Stanford, CA 94309) requesting approval to convert an existing space above a garage into a detached Caretaker Dwelling Unit. The property is located at 0057 Sabin Drive, and is legally described as Lot 8, Block 3, Red Mountain Ranch. The State Parcel Identification Number for this property is 2737 - 063 -01 -005. For further information contact Michael Kraemer at the Pitkin County Community Development Department, (970) 920 -5482. Published in the Aspen Times Weekly on MAY 3, 2012. s /Cindy Houben Pitkin County Community Development Director 130 South Galena St., 3rd Floor Aspen, CO 81611 Attention Adiacent Property Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By June 04, 2012. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. http: / /www.aspenpitkin.com/ Portals /0 /docs /county /Com %2ODev/Planning/Land Use Ap licatio ns/P041 12 app.pdf aasy Pe'-*10 Labels Use AveryO Template 5160® AUSTIN CLAUDINE WILLIAMS PO BOX 1163 ASPEN, CO 81612 FLUG MARTIN 616 E HYMAN ST ASPEN, CO 81611 i ♦ Bend along line to AVERY® 5160's Feed Paper im � expose Pop-Up EdgeTM i BECHTOLSHEIM ANDREAS BLECHMAN STEVE & ELYSE PO BOX 20005 11 WHITE PINE LN STANFORD, CA 94309 POQUOTT, NY 11733 GIOVANNI DON LLP CIO GULFCO 616 E HYMAN STE 204 ASPEN, CO 81611 RED MOUNTAIN RANCH HOME OWNERS RED MOUNTAIN VILLA LLC ASSN C/O KLEIN ZIMET PC PO BOX 8277 10 GRACIE SQUARE #9F ASPEN, CO 81612 NEW YORK, NY 10028 IRWIN MANAGEMENT LLC 1683 RED MOUNTAIN RD ASPEN, CO 81611 ZAUBERFLOTE LLC C/O GULFCO 616 E HYMAN AVE ASPEN, CO 81611 9tiquettes faciles A peter j SeA de Repliez k la hachure afin de www avery com Utilisez le gabarit AVERYB 5160 j chargement rkveler le rebord Pop•UpTM j 1- 800 -GO -AVERY t7 z ; 2 .0 U z m LLI*, 00 O LLI m 10 ca LL wn T; n4 v tpj le- 11) - .4 I. N. W a M M3 V'S LIl Cl) Ti NO z lI LLI c Z+O Sqflan �p 5, 2! . CX rs 0 a:p 0 1L CL t7 z ; 2 .0 U z m LLI*, 00 O LLI m 10 ca LL wn T; n4 v tpj le- 11) - .4 I. N. W a M M3 V'S LIl Cl) Ti NO z lI PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 April 19, 2012 Patrick Rawley 412 North Mill Street Aspen, Co 81611 i nfo(aascaplann ingxom Re: Bechtolsheim Special Review for a Caretaker Dwelling Unit (PID#2737- 063 -01 -005; Case# P041 -12) Dear Mr. Rawley: 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 emailed to you by the Community Development Department) by May 3, 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 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 June 4, 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 18th day of May, 2012, which is at least fifteen (15) days prior to June 3, 2012. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. 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 Red Mountain Ranch Homeowners Association FROM: Mike Kraemer, Community Development Department Michael.kraemer c co.pitkin.co.us Re: Bechtolsheim Special Review for a Caretaker Dwelling Unit (PID 2737 - 063 -01 -005; Case P041 -12) DATE: April 19, 2012 Attached for your review and comments are materials for an application submitted by Andreas Bechtolsheim. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, June 04, 2012. http• / /www aspenpitkin com/ Portals /0 /does /county /Com %20Dev /Planning /Land Use Ap plications /P041 12 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtlergco.pitkin.co.us or 920 -5109. Thank you. Far TO: Mike Kraemer, Community Development Department FROM: Cindy Christensen, Aspen/Pitkin County Housing Authority DATE: April 30, 2012 RE: Bechtolsheim Special Review for a CDU Parcel ID No. 2737 - 063 -01 -005; P041 -12 ISSUE: The applicant is seeking approval to construct a caretaker dwelling unit to be located above an existing detached garage. 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. 5. 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. C - 7. 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. A copy of the floor plans for the CDU to be provided to APCHA prior to issuance of a building permit. 5. Upon completion of the unit, but prior to Certificate of Occupancy, staff has the right to conduct an inspection of the unit for compliance. 2 2 PITKIN CUNTY COMMUNITY DEVEL(.-')MENT Permit Receipt RECEIPT NUMBER 00032325 Name: Andreas V. Bechtolsheim Date:4/17/2012 Project Address: 57 SABIN DR Type: check # 7173 Permit Number Fee Description Amount 0041.2012.PLAN PP- Flat Fee 936.00 0041.2012.PLAN PP- Clerk Tech Fee 25.00 0041.2012.PLAN PP- Public Notice Fee 54.00 0041.2012.PLAN PP- Housing Referral Fee 179.00 Total: 1,194.00