HomeMy WebLinkAboutpitkin.planning.273501403005DOCUMENT 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%r P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (I 1x17)
CASE
PROJ
CASE
ADRI--- CjSjZ:F- PHN:
ADR:i----- C/S/Z:l PHNF-
EmailAcidr: I ALLOCATED HOU
FEES Di FEES OVER:
Yr— DUi
DATE REV BODY PH NOTICED DATE OF FINAL ACTION
No I BOCCRese,
I No F— BOCC 0
F-- No F—
per Applicant no vesting
CLOSED:! iF— BY :I
HRG
HO IN
PLATRECORDED1 PLAT(Bi ADMIN
VIR APPROVAL DATE: VRi
CASE TYF>._JEmployee Dwelling Unit L CASE TYP5
CASE CASE Typi
CASE T*Y TYP7:
CASETYW ;Date Scanned:
1 JSg
DATE RECEIVED: 4 21!1
DATE COMPLETED' 8
PROJECT NAME: K
Project Address
W Fiff 1
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PARCEL ID AND CASE NO.
2735 - 014 -03 -005 P34 -91
STAFF MEMBER: ML
APPLICANT: Justine Kirk
Applicant Address: 0059 Magnifico Road. Aspen, CO 81611
REPRESENTATIVE: Justine Kirk
Representative Address /Phone: 0059 Maanifico Road
ASPen,CO 81611 925 -8536
AMOUNT PAID: N.C. NO.OF COPIES RECEIVED 5 PLAT:
TYPE OF APPLICATION � I STEP:X 2 STEP:
P&Z MEETING DATE PUBLIC NEARING: YES NO
VESTED RIGHTS: YES NO
BOCC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Staff Level: 1041
Minor Hazard Review: Date
of Approval
`tom
REFERRALS:
1 Attorney
_Aspen Consol S.D. _
School District
a
Engineer
Rocky Mtn Nat Gas
Housing
_Ntn.Bell _
_Holy Cross _
State Hwy Dept
Aspen Water
Fire
(Glwd) (GrJtn)
Envir.Hlth.
_Aspen
Fire
Snowmass Vill
Manager
_Basalt
_Carbondale Fire
IISFS (Carbondale)
Div.Wildlife
_Div.Water Res.
IISFS (Aspen)
Caucus
_Airport Manager
Geo.Survey
HIM
City P&Z
Zoning
_CO
:1
Homeowners
Sheriff
Other:
_� Z
Assn.
DATE REFERRED'
INITIALS:
FINAL ROUTING:
DATE ROUTED: q(
INITIAL:
County
_County Engineer
Zoning
Housing
_Envir. Health
Other:
FILE STATUS AND LOCATION: l
AGENDA ITEK SUMMARY
TO: Board of County Commissioners
Special Meeting - June 4, 1991
THRU: Reid Haughey, County Manager
Amy Margerum, Planning Director
RE: Kirk Employee Dwelling Unit
FROM: Mary Lackner, Planner
The applicant has withdrawn this application for consideration by
the Board. A copy of the applicant's letter is attached. No
action is necessary from the Board for this request.
ais.edu.kirk.2
3
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MAY 3 u 1991
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - May 28, 1991
THRU: Reid Haughey, County Manager
Amy Margerum, Planning Director
RE: Kirk Employee Dwelling Unit
FROM: Mary Lackner, Planner
----------------------------
REQUEST: The applicant is requesting approval to legalize an
existing bandit unit within a single family home pursuant to
Section 3 -8.13 (d) of the Land Use Code.
SUMMARY: The Planning Office recommends approval of the
applicant's request to legalize an existing bandit unit with
conditions. This illegal unit was constructed without a building
permit, most likely prior to June 8, 1981 when the County adopted
the Employee Dwelling Unit provision of the Land Use Code.
APPLICANT: Justine Kirk.
LOCATION: Lot 14, Block 2, Pitkin Green Subdivision, on lower Red
Mountain.
ISSUES: There are three primary issues associated with this
request:
1. There are numerous health and safety violations of the
Uniform Building Code (UBC) identified by the Building
Department within the bandit unit.
2. The applicant does not want to file a deed restriction
or other permanent commitment running with the land to
guarantee the unit to be used in a manner consistent
with the Land Use Code and Housing Authority
guidelines.
3. The applicant wishes to use the caretakers unit for
herself and family members, if she desires. This is
inconsistent with the Land Use Code and Housing
Authority guidelines.
ALTERNATIVES: There are two alternatives which the Board of
County Commissioner's may take:
1.
Deny the
applicant's
request.
2.
Approve
the
applicant's request with conditions.
alternative 2.
ais.edu.kirk
M
The Planning Office recommends the Board select
TO: Board of County Commissioners
Regular Meeting - May 28, 1991
THRU: Reid Haughey, County Manager
Amy Margerum, Planning Director
RE: Kirk Employee Dwelling Unit
FROM: Mary Lackner, Planner
REQUEST: The applicant is requesting approval to legalize an
existing bandit unit within a single family home pursuant to
Section 3 -8.13 (d) of the Land Use Code.
APPLICANT: Justine Kirk.
LOCATION: Lot 14, Block 2, Pitkin Green Subdivision, on
lower Red Mountain.
ZONING: The approximately 41,600 square foot lot is zoned
R -30.
WATER: The residence is serviced by the City of Aspen
water system.
SEWER: The lot is tapped into the Aspen Consolidated
Sanitation District's sewage line.
ACCESS: Access to the property is directly off Magnifico
Road.
.Ik h.. I.1;1. W1T.'i
1. County Zoning- In a memo dated February 20, 1991 Joanna
Schaffner submitted the following comments:
Article 18 of the Land Use Code prohibits the issuance of
permits for structures not in full compliance with all
applicable regulations and policies of the Land Use Code.
In December of 1990, Ms. Kirk was denied a building permit
application by the zoning Office after we received a
complaint that an illegal unit existed within Ms. Kirk's
residence. Ms. Kirk has denied a request for a site visit
by a zoning official to investigate this complaint. An ad
also appeared in the Aspen Daily News on November 5, 1990
advertising three bedrooms for rent in her duplex.
Ms. Kirk has been unable to submit documentation to
demonstrate that the unit was constructed legally. She has
been informed that no permits shall be issued for her
existing residence until the matter of the additional unit
is resolved.
The existing unit is believed to be located on the lower
level of a two story house and to contain three bedrooms.
The total floor area of the house complies with floor area
ratio requirements.
2. Pitkin County Building Department- Building Inspector Eric
Peltonen conducted a inspection of the illegal dwelling unit on
May 9, 1991 and noted violations to the Uniform Building Code.
Attachment 1 is Mr. Peltonen's comments, dated May 20, 1991,
which are also outlined below:
1. Smoke detector does not work, should be on ceiling.
2. Northeast bedroom (egress).
3. Garage door into house needs to be solid core 1 3/8"
self closing.
4. Northwest bedroom (egress).
5. Southeast bedroom no smoke detector.
6. Southeast bedroom glass door and side lights not
tempered as per Code.
7. Living area door glass and side lights not tempered as
per Code.
8. South deck no handrail.
9. Penetrations in mechanical room.
10. Furnace needs to be checked by gas company.
11. Steps down at landing.
12. Side light front door not tempered.
13. M1 separation not to Code.
14. Guard front entry rail and handrail.
3. Environmental Health Department- In a memo dated May 15, 1991
the Environmental Health Department submitted the following
comments:
Sewage Treatment and Collection- The residence was
connected to the central sewer collection lines of the Aspen
Consolidated Sanitation District in 1979. The District
records show that at that time it was a single - family
residence and was charged as such.
Adequate Provision for Water Needs- The storage capacity
and distribution line sizing of the Pitkin Green Homeowner's
Association water system do not meet current codes, and fail
to provide fire protection capabilities usually required for
this type of municipal subdivision. However, this
consideration would not be affected by the approval of this
application.
In summary, the wells are an acceptable drinking water
`A
P
source. The system complies with all health department
regulations.
4. Housing Authority- In a memo dated May 15, 1991, Yvonne
Blocker submitted comments which are integrated into the memo and
are stated below:
Housing Authority staff recommends approval for the
legalization of the existing bandit unit based on the
following:
1. The applicant will be required to file for approval a
deed restriction as per the standards of Section 3 -8.13
(a)(4) with the Aspen /Pitkin County Housing Authority
prior to issuance of any building permits for the
property.
STAFF COMMENTS:
The applicant is requesting approval of an existing 1180 square
foot bandit unit located in the basement of the Kirk residence.
Section 3- 8.13(d) of the Land Use Code permits the Board of
County Commissioners to grant approval of an employee unit within
a principal unit which does not meet the requirements of Section
3- 8.13(a) or (b) under the following conditions:
(1) The applicant must demonstrate to the satisfaction of
the Board that the proposed employee unit was completed and
in existence prior to June 8, 1981;
Response: The applicant has submitted a letter from the previous
owner Winifred Richardson and Fritz Benedict the architect for
the residence, both stating that the house was intended to have a
caretaker /guest unit. The Environmental Health Department
identified that when the residence was connected with the Aspen
Consolidated Sanitation District sewer lines, the house was
considered a single - family residence and was charged as such.
The Assessor's Office records indicate that they recognized a
second dwelling unit in the structure since 1975.
(2) The applicant must specify that applicable requirements
of Section 3 -8.13 which can or cannot be met and the reasons
therefor;
Response: The applicant cannot comply with the square footage
limitation of no more than one (1) bedroom nor exceed five
hundred (500) square feet of total floor area, because the unit
was built at three (3) bedroom and 1,180 square feet. This
request is not in compliance with Section 3- 8.13(d)(6) of the
Land Use Code.
i]
E
(3) The approval must require compliance with the otherwise
applicable requirements of this Section to the full extent
practicable;
Response: The applicant wishes not to have a deed restriction on
the property and would like to make the unit available to family
members. This request is not in compliance with Section 3-
8.13(e) of the Code.
(4) The approval must require the applicant to meet the
health and safety requirements of the Uniform Building Code,
as determined by the Building Inspector;
Response: The Building Department inspected the bandit unit and
has determined that it is not in compliance with the health and
safety requirements of the Uniform Building Code, after
inspecting the unit on May 9, 1991.
(5) The Board must determine that, notwithstanding the
inability of the applicant to comply with the requirements
of this Section, approval of the application will not result
in, or constitute the Board's endorsement of, overcrowding
on the property or in the neighborhood; approval of a
dwelling unit for which insufficient utilities or other
necessary services are available; and visual impacts out of
character with existing neighborhood;
Response: There is no change to the existing structure as the
bandit unit is located within the main residence. The present
structure meets the FAR requirements for the lot within the zone
district. The outside appearance should not allow for the public
to be aware that the structure is a duplex, other than the
possibility of additional cars parked on the lot. Utilities are
in place to the unit.
(6) The applicant shall, be deed restriction or other
permanent commitment running with the land, guarantee that
the employee unit shall remain a rental unit; not be
condominiumized; not be occupied by more than two (2)
persons per bedroom (which includes children),... if adults,
qualify as (and have been found by the Housing Authority to
be) employees of the community under such guidelines as may
be from time to time established by said Authority; and be
rented for terms not less than six (6) months; and
Response: The applicant has stated that they "can not deed
restrict the unit as an employee/ caretaker unit, because such a
deed restriction runs with the land and property, and will
restrict any potential buyer on the use of this property, thus
devaluing my property." The applicant has further requested that
she be allowed the right to use her own property for herself,
(the caretaker's unit), for her family members, and not to rent
4
/0
it if she wishes or tear it down if she so chooses.
Pursuant to Code requirements, occupancy of the unit would be
restricted to employees of Pitkin County, if occupied, and not to
occupancy. Occupancy by the owner or spouse is prohibited.
There are no restrictions as to price and income for units
approved under Section 3 -8.13 limiting rental income.
Deed restriction requirements should be adhered to if an
entitlement for an additional unit is approved in a single family
residential unit. Neither the Code nor the Housing Guidelines
provide for future demolition of deed restricted employee units.
Therefore, staff cannot support the applicant's request for
waiver of the deed restriction requirement.
SUMMARY: There are some outstanding concerns with the
applicant's request being inconsistent with the Land Use Code.
Specifically, the applicant is requesting variances from the
permanent covenant running with the land and occupancy for family
members.
The health and safety violations identified by the Building
Department will need to be corrected.
RECOMMENDATION: The Planning Office recommends approval of the
applicant's proposal subject to the following conditions:
1. The health and safety violations of the UBC identified
by the Building Department shall be corrected prior to
issuance of any other building permits on the property.
2. If the health and safety violations of the UBC are not
corrected within 90 days of this approval, the County
may take enforcement action to correct the violation.
3. The total FAR for the site shall not exceed the FAR
requirement for the R -30 zone district.
4. Prior to issuance of any building permits, the
Applicant shall file a deed restriction with the
Housing Authority which meets the requirements of
Section 3- 18(a)(4) of the Land Use Code.
edu.kirk
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Annlicant- Justine R. Kirk
P.O. Box 958
Aspen, Co. 81612
April 1, 1991
Aspen /Pitkin Planning Office
130 South Galena Street
Aspen, Co. 8i6ll
Application for Special Review
Caretaker Unit 3 -8.12 D
County Coml,iissioners
Dear Sirs:
r-
F, l,y
'The foilowing is an appl.icationfor special review
3 -8.13 D, Tor a prior,existing caretakers unit built in 1959.
1) Enclosed is a letter from the original owner as well as
the architect who designed the house, to give proof that this
unit was built as a caretakers unit in 1959.
2) The unit is within my existing house and has met all
Health, safety arid building code requirements.
- 5 The unit has been rented to Pitkin County
employees, on and off since 1979. There has never been overcrowd-
ing of cars in the neighborhood or a complaint by a neighbor.( other
than one one who thought it might be illegal).
Since the unit was built into the original house, it does
not visually impact the neighborhood. It visually appears as a
single family home, and is not out of character with the neighborhood.
There are 3 parking spaces provided for the occupants or renters.
The applicant cannot comply or meet with the 3 -8.13d code in
the foliowing two areas:
1)The applicant cannot deed restrict fire unit as employee/
caretaker unit, because such a deed restriction runs with the
laud and property, arid will restrict any potential buyer on the use �f
Property, thus devaluing my property. tits
21 'lnd applicant cannot comply witil the ;square footage
limitation in the code, because it was built as 1180 sq. ft.
and is a prexisting, integral Mart of Lhe ;souse.
b) 'The unit contains 3 bedrooms, bliL il,_' never heeu r-iiLed
to more. that, 3, to !c iteople. TD recent ye,3rs it ha, i,een, 2 to
3 Th „re are pti riCi ll,'� (maces for 3 at ;,Iitional cai ; oil
Lhe t,Co ;'wl-ty.
ullit im F, I1 ^vor been
roi,ted iol- le, IIM11
h Iuont hr; , and
alw�,y�'
has hPrn r:-rlted to
Pit!, ill cmrnty ompinvt�n=,.
�� 1'iie .,i,j,1 is ^iiI
a ^ree.^,
to milt inue witil Lli
r° ;tricL iou, i f tide
2
application is approved with the former non - compliances with
the code 3 -d.12 D. herein written S outlined in this letter.
The applicant has provided a service to the county over
the years, and would like to continue; however the applicant
should also like the right to use her own property for herself,
(the caretakers unit), for her familiy members, and not rent it
if she wishes or even tear it down if she so chooses.
Enclosed are the list of adjacent huneowners and their
addresses. Homeowners adjacent to Lot 14, Block 2, Justine R. Kirk
1) Doug Riley and Coleen Welter lot 13
5000 North Parkway
Suite 308
Calabasas, c/o Us West Properties
Calabasas, Ca. 91302
2) Daryl Snadon
15280 Addison Rd.
D21las, Texas 75254
3) Karl Larson
201 North Mill St.
Suite 101
Aspen, Co. 81611
4) Sirous Saghatoleslemi
P.O. Box 8080
Aspen, Co. 81612
With approval of this special review application for the
prior existing caretakers unit, the applicant will be able to
continue with her building permit for a garage and front porch,
and will not have to tear out the unit.
Thank you for your consideration.
1,4
Sincere'1 _ �ff /
Justin Qunee) Rodriguez Kirk
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M E M O R A N D U M
To: Mary Lackner
Planning Department
From: Erik Peltonen
Building Department
Date: May 20, 1991
Subject: Kirk Residence, 59 Magnifico Road
This unit will be in compliance when these code requirements are
completed:
-- U.B.C. Sec. 104(c) Existing Installations. Buildings in
existence at the time of the adoption of this code may have their
existing use or occupancy continued, if such use or occupancy was
legal at the time of the adoption of this code, provided such
continued use is not dangerous to life.
-- Smoke detectors, U.B.C. Sec. 1210(a) In dwelling units
detectors shall be mounted on the ceiling or wall at a point
centrally located in the corridor or area giving access to each
separate sleeping area.
-- Egress from bedrooms, U.B.C. Sec. 1204 Every sleeping room
shall have at least one operable window or door approved for
emergency escape or rescue which shall open directly into a
public street, public alley, yard or exit court. Minimum net
clear openable area of 5.7 square feet, minimum height shall be
24 inches, width 20 inches.
-- Mixed Occupancy, U.B.C. Sec. 503(d) Fire rating for
occupancy separations EXCEPTION 3. In the one -hour occupancy
separation between a Group R, Division 3 and M occupancy, the
separation may be limited to the installation of materials
approved for one -hour fire - resistive construction on the garage
side and a self - closing, tight- fitting solid wood door 1 3/8
inches in thickness will be permitted in lieu of a one -hour fire
assembly.
-- Safety Glazing, U.B.C. Sec. 5406(d) Hazardous locations
6. Glazing, operable or inoperable, adjacent to a door in all
buildings and within the same wall plane as the door whose
nearest vertical edge is within 12 inches of the door in a closed
position.
ZJ1%
-- Stairways, U.B.C. 3306(j) Handrails exceptions 3.
Stairways having less than four risers and serving one individual
dwelling unit in Group R, Division 3 or serving Group M
occupancies need not have handrails. The top of handrails shall
be placed not less than 34 inches nor more than 38 inches above
the nosing of treads.
3306(k) Guardrails. Stairways open on
one or both sides shall have guardrails as required by Section
1711.
-- Guardrails, Sec. 1711. All unenclosed floor and roof
openings, open and glazed sides of stairways, landings and ramps,
balconies or porches, which are more than 30 inches above grade
or floor below shall be protected by a guardrail. Exception 1.
the top of guardrail for Group R, Division 3 and Group M,
Division 1 occupancies may be 36 inches in height. Open
guardrails shall have intermediate rails or an ornamental pattern
such that a sphere 6 inches in diameter cannot pass through.
-- Stairways, U.B.C. Sec. 3306(m) Interior stairway
construction. Except when enclosed usable space under stairs is
prohibited the walls and soffits of the enclosed space shall be
protected on the enclosed side as required for one -hour fire
resistive construction.
'G
TO nary lackner
From:
Tom Newland
Postmark:
May 22,91 2:28
Status:
Previously read
Subject:
---------
kirk employee unit
--------- ---- - - - - --
Message:
As per our site
parking spaces
employee unit.
l\'
MESSAGE DISPLAY
PM
review
visit, it appears that the applicant has sufficient
(5) to accomodate use of the primary residence and the
Please contact me if you have any questions.
MESSAGE DISPLAY
TO Mary Lackner
From: John Ely
Postmark: May 16,91 12:05 PM
Status: Previously read
Subject: Kirk Employee Unit
---------------------------------------------------------------------
Message:
In my opinion insufficient proof has been given to show that the unit
has been in existance since June 81. Especially, when the
information that you have is that utilities for a single family home
were in place in 1979 and the applicant states that the unit has been
in existance since the house was constructed, some time before that.
/F
M E M O R A N D U M
TO: Mary Lackner, County Planning
FROM: Joanna Schaffner, County Zoning
DATE: May 20, 1991
RE: Kirk Employee Dwelling Unit
Parcel ID 12735- 014 -03 -005
Case #P34 -01
I have reviewed the above application and offer the following
comments.
Article 18 of the Land Use Code prohibits the issuance of permits
for structures not in full compliance with all applicable
regulations and policies of the Land Use Code.
In December of 1990, Ms. Kirk was denied a building permit
application by the Zoning Office after we received a complaint
that an illegal unit existed within Ms. Kirk's residence. Ms.
Kirk has denied a request for a site visit by a zoning official
to investigate this complaint. An ad also appeared in the Aspen
Daily News on November 5, 1990 advertising three bedrooms for
rent in her duplex.
Ms. Kirk has been unable to submit documentation to demonstrate
that the unit was constructed legally. She has been informed
that no permits shall be issued for her existing residence until
the matter of the additional unit is resolved.
The existing unit is believed to be located on the lower level of
a two story house and to contain three bedrooms. The total floor
area of the house complies with floor area ratio requirements.
/F
."
i.ia..7 :7:RUU��I
TO: County Attorney CIE
Assistant to the County Manager /
Housing Director Q'
Environmental Health Department
*Chief Building Inspector APR � Q
ei,; 1919,
s T O H
RE: Kirk Employe Dw
Parcel ID# 2735- 014 -03 -005 FN�PlTK�N
Case IP34 -91 9 ZLJ5 - 853 (0
/9
DATE: April 12, 1991 4/3�
Attached for your review and comments is an application from
Junee Kirk requesting approval of an existing unit as an Employee
Dwelling Unit.
Please return your comments to me no later than May 10, 1991.
Thanks
*Section 3- 8.13(d)(4) of the Land Use Code "requires the unit to
meet the health and safety requirements of the Uniform Building
Code, as determined by the Building Inspector."
MAY 10 1991
E:aE'y,WiWA4F
r ASPENOPITKIN REGIONAL BUILDING DEPARTMENT
130 South Galena Aspen, Colorado 816 1 1 303/920 -5440
BUILDING INSPECTION CHECK LIST
Inspection Reinspection Partial Complete Permit No.
❑ STEEL (REBAR)
❑ ELECTRIC
❑ PLUMBING
❑ MECHANICAL
❑ BUILDING
Footings
Constr. Service
Underground
Rough
R -Frame _
Cassions
Underground
Waste 8 Vent
Flues)
Insulation
Wall
Rough
Water Pipe
F.P. Flue(s)
Drywall
Wall Cores
Perm. Service
Gas Pipe
Combust. Air
Special _
Struc. Slabs
Final
Final
Final
Mobile Home _
Pads
Bonding
Fire Sprinklers _
Air. Cord.
Final _
Piers
Kitch. Hood
Zoning _
Bond Beam
Accepted ❑ Accepted as Noted ❑ Reinspection Fee $30.00: Yes ❑ No ❑
Rejected ❑ You are ordered to make the following corrections on the construction which is w f, progress.
C:o" --l—t <a �� C c i/ e G� v
Q n,
:051 IT
DESCRIPTION: # Levels Garage: Att. Det. Carport rD If
Entry Foyer _ Bedrooms (! Full Baths L 3/4 Baths � '/z Baths _ Kitchen L Dining L Living L Family /Rec
Media Room Library Office /Study —Exercise Rm. _ Solarium/Greenhouse —Storage —Laundry ! Mach. L
Other:
Fireplace: Make Model # Gas Appliance: Make Model #
'Contact Fire Marshal for further sprinkler inspection.
Address _
Subdivision
Contractor .
Owner
ILL
Phone Job Office
Request Recd.
MTE TM1E IUJAE-
Request for M T W TH F A' P.M. one
Date Insp. ``/ Inspector
ASPEN *PITKIN
l ENVIRONMENTAL HEALTH DEPARIP*41ENT
MEMORANDUM
To: Mary Lackner, Planning Office
From: Environmental Health Department
Date: May 15, 1991
Re: Kirk Employee Dwelling Unit
Parcel ID# 2735 - 014 -03 -005
Case #P34 -91
The Aspen /Pitkin Environmental Health Department has reviewed the
above - mentioned land use submittal under authority of the Pitkin
County Code, Title II, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Sections 2 -7 and 5 -200:
�V The residence was connected to the central sewer collection lines
VJ of the Aspen Consolidated Sanitation District in 1979. The
District records show that at that time it was a single - family
residence and was charged as such. The use of the sewer lines
located in this area conforms with Section 1 -2.3 of the Pitkin
County Regulations On Individual Sewage Disposal Systems policy
to "require the use of public sewer systems wherever and whenever
feasible, and to limit the installation of individual sewage
disposal systems only to areas that are not feasible for public
sewers ".
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -6 and 5 -205:
\ While the application is not specific, the property is in
the area serviced by the Pitkin Green Homeowners Association.
For the parcels of the subdivision, well water is available from
the two developed wells in the alluvial materials in the valley
floor. The chemical water quality has somewhat high
concentrations of iron and dissolved solids, but conforms to all
of the mandatory parameters of the Colorado Department of Health.
Inspections have shown that the treatment, storage and
bacteriological quality also meet regulations. The storage
capacity and distribution line sizing do not meet current codes,
and fail to provide fire protection capabilities usually required
for this type of municipal subdivision. However, this
consideration is not changed and should not be affected by the
approval of this application.
In summary the wells are an acceptable drinking water source.
The system complies with all health department requirements.
130 South Galena Street Aspen, Colorado 61611 303/920 -6070
reryCedpapa
Kirk Employee Dwelling Unit
May 15, 1991
Page 2
AIR QUALITY: Sections 2 -17 and 5 -106:
We would like the applicant to confirm that this entire building
1/ still has two woodburning fireplaces and no woodstoves.
NOISE: Section 2 -23
Not applicable.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -2
None that are enforced by this office.
CONTAMINATED SOILS:
T Not applicable.
q?s�
1 -
M
MEMORANDUM
TO: Mary Lackner, Planning Office
FROM: Yvonne Blocker, APCHA
DATE: May 15, 1991
RE: Kirk Employee Dwelling Unit
Parcel ID# 2735- 014 -03 -005
Case #P34 -91
SUMMARY: Applicant owns an existing non - conforming duplex
structure located at 59 Magnifico Road and is proposing the
addition of a garage and porch onto the main structure. Applicant
has been notified that the use must be brought into conformance and
will need to "legalize" the existing bandit unit.
APPLICANT: Justine R. Kirk
LOCATION: Lot 14, Block 2
59 Magnifico Road, Aspen, Colorado
ZONING: R -30
REQUEST: Applicant is requesting Special Review approval for
"legalization" of a bandit unit as per section 3 -8.13 (d) for an
existing approximate 1180 sq. ft. three bedroom unit.
Section 3 -8.13 (d) of the Code allows the Pitkin County Board of
Commissioners to approve as an employee unit attached to or within
a principal unit, or detached, a single residential dwelling unit
which does not meet the requirements of Section 3 -8.13 (a) or (b)
as stipulated by applicant.
Section 3 -8.13 (a)(1) allows the development of newly constructed
employee units to have no more than one (1) bedroom nor exceed five
hundred (500) square feet of total floor area.
The applicant can not comply with the square footage limitation of
the code because the unit was built at 1180 sq. ft.
Section 3 -8.13 (a) (3) requires the provision of one (1) off - street
parking space for each bedroom within the principal unit and one
(1) off - street parking space for each employee unit.
The applicant has stated that the unit contains three bedrooms and
in most recent years has been rented to 3 to 4 persons. The lot
contains three parking spaces for the unit.
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Section 3- 8.13(d)(6) of the Code requires that the applicant shall,
by deed restriction or other permanent commitment running with the
land, guarantee that the employee unit shall remain a rental unit;
not be condominiumized, not be occupied by the owner or spouse,; be
limited to occupancy by not more than two (2) persons per bedroom
(which includes children) , or in the case of a studio, no more than
two (2) persons who, if adults, qualify as (and have been found by
the Housing Authority to be) employees of the community under such
guidelines as may be from time to time established by said
Authority; and be rented for terms of not less than six (6) months.
The applicant has stated that they "can not deed restrict the unit
as an employee /caretaker unit, because such a deed restriction runs
with the land and property, and will restrict any potential buyer
on the use of this property, thus devaluing my property." The
applicant has further requested that she be allowed the right to
use her own property for herself, (the caretaker's unit), for her
family members, and not to rent it if she wishes or tear it down if
she so chooses.
The applicant is correct in stating that the occupancy of the unit
would be restricted to employees of Pitkin County, if occupied,
and not to occupancy by owner or spouse.
Section 3- 8.13(7) (e) allows that all units approved pursuant to
Section 3- 8.13(a) shall be made available for rental under the
limitations established in Section (a) (4). Provided, however, that
the restrictions of section (a)(4) shall not be applicable in the
event of occupancy, without consideration (direct or indirect) by
members of the immediate family of the owner of the principal
dwelling unit. "Immediate family" shall mean a person related by
blood or marriage who is a first cousin (or closer relative) and
his or her children.
There are no restrictions as to price and income for units approved
under Section 3 -8.13 limiting resale price or rental income.
As to the request to tear the unit down if she so desires, the Code
nor the Housing Guidelines provide for future considerations of
this nature for removal of deed restrictions on property.
RECOMMENDATION: Staff recommends approval for the legalization
of the existing bandit structure based on the following:
1. The applicant will be required to file for approval a deed
restriction as per the standards of Section 3 -8.13 (a)(4) with the
Aspen / Pitkin County Housing Authority prior to issuance of any
building permits for the property.
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CERTIFICATE OF MAILING
RE: KIRK EMPLOYEE DWELLING UNIT
I hereby certify that on this 25th day of April, 1991, a
true and correct copy of the attached Notice of Public Hearing
was deposited in the United States mail, first -class postage
prepaid, to the adjacent property owners as indicated on the
attached list of adjacent property owners which was supplied to
the Planning Office by the applicant in regard to the case named
on the Public Notice.
frm.mailing
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By: Debbie Skehan
Administrative Assistant
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NOTICE TO ADJACENT PROPERTY OWNERS
RE: KIRK EMPLOYEE DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public meeting will be held on
Tuesday, May 28, 1991 beginning at 5:30 am before the Board of
County Commissioners, District Courtroom, 506 East Main Street,
Aspen to consider an application submitted by Junee Kirk
requesting approval of an existing unit as an Employee Dwelling
Unit. The property is located at 0059 Magnifico Road, Lot 14,
Block 2, Pitkin Green Subdivision, Aspen.
For further information, contact the Aspen / Pitkin Planning
Office, 130 South Galena St., Aspen, CO (303) 920 -5090.
JWayne Ethridge Chairman
Board of County Commissioners
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ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5197
April 12, 1991
Junee Kirk
0059 Magnifico Road
Aspen, CO 81611
Re: Employee Dwelling Unit Application
Dear Junee,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the Board of
County Commissioners on Tuesday, May 28, 1991 at a meeting to
begin at 5:30 pm in the District Courtroom, County Courthouse.
The Friday before the meeting date, we will call to inform you
that a copy of the memo pertaining to the application is
available at the Planning Office.
If you have any questions, please call Mary Lackner, the planner
assigned to your case.
Sincerely,
Debbie Skehan,
Office Manager
30
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TO: County Attorney
Assistant to the County Manager
Housing Director
Environmental Health Department
*Chief Building Inspector
FROM: Mary Lackner, Planning Office
RE: Kirk Employee Dwelling Unit
Parcel ID# 2735- 014 -03 -005
Case JP34 -91
DATE: April 12, 1991
Attached for your review and comments is an application from
Junee Kirk requesting approval of an existing unit as an Employee
Dwelling Unit.
Please return your comments to me no later than May 10, 1991.
Thanks
*Section 3- 8.13(d)(4) of the Land Use Code "requires the unit to
meet the health and safety requirements of the Uniform Building
Code, as determined by the Building Inspector."
Applicant- Justine R. Kirk
P.O. Box 958
Aspen, Co. 81612
April 1, 1991
Aspen /Pitkin Planning Office
130 South Galena Street
aspen, Co. 8i6ll
Application for Special Review
Caretaker Unit 3 -8.12 D
County Commissioners
Dear Sirs:
The following is an application£or specisi review
3 -8.13 D, for a prior,existing caretakers unit_ built in 1959.
1) unclosed is a letter from the original owner as well as
the architect who designed the house, to give proof that this
unit was built as a caretakers unit in 1959.
2) The unit is within my existing house and has met all
health, safety and building code requirements.
3 - 5 The unit has been rented to Pit:cin County
employees, on and oft since 1979. There has never been overcrowd-
ing of cars in the neighborhood or a complaint by a neighbor( other
than one one who thought it might be illegal).
Since the unit was built into the original house, it does
not visually impact the neighborhood. It visually appears as a
single family home, and is not out of character with the neighborhood.
There are 3 parking spaces provided for the occupants or renters.
Tne applicant cannot comply or meet with the 3 -8.13d code in
the following two areas:
!)The applicant cannot deed restrict the unit as employee/
caretaker unit, because such a deed restriction runs with the
land and property, and will restrict any potential buyer on the use
property, thus devaluing my property. tk�is
2) The applicant cannot comply with the Square footage
limitation in the code, because it was built as 11.80 sq. ft.
and is a prexisting, integral. part of the :louse.
6) The unit contains 3 bedrooms, but has never been rented
to more than 3.to 4 people. In recent years it has been, 2 to
3 peapie. There are parking spaces for 3 additional cars on
the property.
This caretakers unit has never been rented for less than
3 b months, and always has been rented to Pitkin county employees.
The applicant agrees to continue with this r,�triction, if the
2
application is approved with the former non - compliances with
the code 3 -d.12 0, herein written & outlined in this letter.
The applicant has provided a service to the county over
the years, and would like to continue; however the applicant
should also like the right to use her own property for herself,
(the caretakers unit), for her familiy members, and not rent it
if she wishes or even tear it down if she so chooses.
Enclosed are the list of adjacent homeowners and their
addresses. Homeowners adjacent to Lot 14, Block 2, Justine R. Kirk
1) Doug Riley and
5000 North Par
Suite 308
Calabasas, c/o
Calabasas, Ca.
2) Darvl Snadon
15280 Addison
D_ llas, Texas
Coleen Welter lot 13
kway
Us West Properties
91302
Rd.
75254
3) marl Larson
201 North Mill St.
Suite 101
Aspen, Co. 81611
4) Sirous Saghatoleslemi
P.O. Box 8080
Aspen, Co. 81612
With approval of this special review application for the
prior existing caretakers unit, the applicant will be able to
continue with her building permit for a garage and front porch,
and will not have to tear out the unit.
Thank you for your consideration.
11��
Sincerel
Justin Junee) Rodriguez Kirk
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lt,•. -r�. 2:M15 hn,k P _ M„ June 15, 1979 0
Rrrr�y+m No. 21 48 _. _ Loretta 8>.nne.
TwsDm), madethia Ild daycf J"Kx
between RODNEY E. KIRK
aline Countyof Pitkin
Colorado, of the first part, and JUSTINE R. KIRK
,1979,
and state of
RECORDER'S STAMP
=370 1%:832
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whose legal address is 0059 Magnifico Road, Aspen,
Colorado 81611
ofthe County of Pitkin and state of
Colorado, of the second part,
WITNESSETH, That the said party of the first part. for and in consideration of the sum of
TEN DOLLARS ($10.00) and other good and valuable consideration 110"•IIe,
to the said part y cribs first part in hand paid by the said part y of the second part, the receipt whereof
is hereby confessed and acknowledged• has remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents do as remse, release, sell. convey and QUIT CLAIM unto the said part y cribs second part, his heirs,
successor. and assigns, forever, all the right, title, interest, claim and demand which the said party ofthe first part
ha S in and to the following described lot or parcel of land situate, lying and being in the County
of Pitkin and State of Colorado, to wit:
All of Lot 14, Block 2, Pitkin Green Subdivision, Pitkin County.
also known as 0059 Magnifico Road
a�rolivxs¢xsxxxnamuamttmafttax
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
saidparty of the first part, either in law or equity, to the only proper use, b e fit andbchoofofthesaldparty of
the second part, his heirs and assigns forever.
IN WITNESS WHEREOF The said party aline brae parch as he uto set h /l5 hand
and seal the day and year first above written. /art 4�sus-
_ f / _.ISEAL]
Signed, Sealed and Delivered In the Presence of RODNEY E. VRK
tSEALI
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STATE OF COLORADO,
ss.
County of Pitkin
The foregoing instrument was acknowledged before me this `t day of /%'2�,_
1979.by- RODNEY E. KIRK (/�j/
My commission cvpires
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d_ /,,I ,19pa. Witness my hood and official seal.
No. 933 in 11 1 1%IN W In I His Ill. -If .l if. Snu,l Ntenl. nmve foI.. AW,57f }Illb -yta
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PItE- ANt•n�n'I']UN CONFERENCE SUMMARY
PROJECT: /It;;, ee- .D"-,e -Ca;
A1?PLICANT1'S REPRESENTATIVE: AI✓�
REPRESENTATIVE'S PHONE: q0?5jR573
OWNERS NAME:
ME"A tfi
:.A
Mrs it r 3T
-� DANE
1. Type of Application: rC))
2. Describe action /type of development being requested: Apae t'
— /'iein -fin .. 1< Con's 195 %Z- O
17®.E0 n./r , d. it /-1-1A f>r ski. (rr�on
3. Areas in which Applicant has been requested to -respond, types of
reports requested:
5.
6.
7',
8.
9.
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Policy Area/
Referral Agent
?- A) . 13 a) _
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Review is: (P &z Only) (CC/ O—CC--O —,l (P &Z then to CC /HOCC)
Public Hearing: (YES) (NO
Did you te1i applicant. to submit list of ADJAC T PROPERTY
OWNERS? (YES) (NO) Disclosure of Ownership: (YES :(NO)
What fee was applicant requested to submit: $
Anticipated'date of submission:
COMMENTS /UNIQUE CONCERNS:_' ire i Q„ ,C �kg ����L�',-
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Mrs. Justine Rodriguez Kirk
Box 958
Aspen, CO 81612
Dear Mrs. Kirk:
Jan. 13, 1991
I am answering your request that I state that the house built for
my parents, Allen and Ida Biggerstaff, on Block 2, Lot 14 in
Pitkin Green Subdivision in 1959 included two rooms and a
kitchenette on the lower level. I remember my father telling me
about them and saying they would be used for guests and, if a
time came when they needed live -in help, they would have
accomandations for them. This area was completed at the same time
as the rest of the house.
The kitchenette was furnished with refridgerator, stove, range
and cabinets.
My family and I visited them many times and we used the two
rooms.
I hope this is the assurance you need for the Pitkin County
Building and Zoning Dept.
SIGNED BEFORE ME THIS
G. RICHARDSON.
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My commission expires
13th day of JANUARY 1991 by WINIFRED
6/27/94 in Wheat Ridge, CO 80033
1280 UTE AVENUE
ASPEN 81611
COLORADO
(303) 925 -3481
014,
FREDRIC BENEDICT
January 4,1990
Justin R. Kirk
Box 958
Aspen, CO 81612
Dear Justin:
ARCHITECT FAIA
1 designed a house on Lot 14, block 2 of the Pitkin Green
Subdivision, 0095 Magnifico Road, in 1959 for Allen
Biggerstaff. My recollection is that on the lower level of the
house there was a caretaker apartment with a second kitchen,
complete with stove, refrigerator, sink and cabinets. To the
best of my knowledge the plans conformed with the Pitkin
Green Covenants and Pitkin County Land Use Codes.
Sincerely,
I-l�
Frederic Benedict, F.A.I.A.