HomeMy WebLinkAboutbocc.res.100.2015 RECEPTION#: 625825, 12/23/2015 at
11:45:25 AM,
1 OF 2, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,APPROVING THE REAGAN REQUEST TO ELIMINATE
EMPLOYEE DWELLING UNIT DEED RESTRICTION,AND SPECIAL REVIEW FOR A
CARETAKER DWELLING UNIT
Resolution No.0-2015
RECITALS
1. Thomas P. Reagan("Applicant")has applied to the Board of County Commissioners of
Pitkin County, Colorado("BOCC")to eliminate the employee dwelling unit deed restriction that
encumbers an existing attached unit,in exchange for a fee-in-lieu or buy-down of an existing off-site
unit. The existing unit will be converted to a caretaker dwelling.
2. The Applicant's lot is zoned AFR-2 and contains 1.761 acres.
3. Said lot is located at 125 Stillwater Lane,and is more specifically described as Lot 3,
Stillwater Ranch Subdivision.
4. The BOCC approved the Stillwater Ranch Subdivision/PUD Final Plat,pursuant to
Resolution No.94-233. Growth Management allotments for four new lots(including Lot 3)were
granted pursuant to Resolution No. 94-125. Each of Lots 2-5 was required to provide"one above
grade, low income,one-bedroom affordable housing unit"to be constructed concurrent with the free
market residence. The Subdivision Covenants also include the same requirement.
5. The single family residence on the lot was built in 2002. The employee dwelling unit was
built concurrent with the residence and a Deed Restriction was recorded against the property
(Reception#472145—Exhibit 4c in the application). The deed restriction states,"This Agreement
may be removed by the Owner with the approval of the Pitkin County Board of County
Commissioners,subject to the requirement that the Employee Dwelling Unit is removed or modified.
If modified,the remaining improvements must no longer be capable of occupancy as a"dwelling
unit"as defined in the Pitkin County Land Use Code and must otherwise meet applicable code
requirements."
6. The BOCC heard this application at regular meetings on November 18 and December 16,
2015,at which time evidence and testimony was presented with respect to the application.
7. The BOCC fords that it is appropriate to eliminate the employee dwelling unit,as the
Aspen/Pitkin County Housing Authority(APCHA)does not have documentation that the unit has
been rented in compliance with the Deed Restriction.
8. The BOCC finds that it is not appropriate to allow a buy-down as an alternative to the on-
site unit,due to concerns raised by APCHA.
9. The BOCC further fmds that it is appropriate to require that a$300,000 fee-in-lieu be paid in
for mitigation of the employee dwelling unit,based on consideration of equitability with the fees-in-
lieu paid by the owners of two other Stillwater lots;the 1994 fee-in-lieu adjusted for CPI; and recent
County housing purchases in the Aspen and Basalt areas.
Resolution No]UU-2015
Page 2
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant
approval to eliminate the employee dwelling unit deed restriction recorded as Reception No.472145,
and special review approval of a caretaker dwelling unit,subject to the following conditions,which
shall run with the land and be binding on all successors in interest:
1. Within 90 days of the date of this approval and prior to release of the current employee dwelling
unit deed restriction,the Applicant shall complete both A and B a's follows:
A. Pay to the County$300,000 as a fee-in-lieu for elimination of the one-bedroom category 1
employee dwelling unit.
B. Render the existing unit not a"dwelling unit"as defined in the Land Use Code,which shall
be verified by the County Zoning Officer; OR record a caretaker dwelling unit deed
restriction to retain the existing unit.
2. If the existing unit is converted to a caretaker dwelling unit,the unit shall be limited to the
maximum size specified in the Land Use Code at the time of recordation of the deed restriction.
The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that
can bake and broil, sink of at least 14"W X 16"D X 5.25"H,and at least a 5.3 cubic foot
refrigerator and 0.73 cubic foot freezer. Two off-street parking spaces shall be provided for the
unit. The caretaker dwelling unit must have separately accessible utilities. This does not
preclude shared utilities.
3. The Applicant shall adhere to all material representations made in public hearings and in the
application.
APPROVED AND ADOPTED on the 16th day of December,2015.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By Steel
1 FT CEO
A ' ST: Steven F. Child,Chairman
•
Date 12-1 2-2-f 2-0 j S
,
Je. ette Jones
Cl- k to the BOCC
APPROVED • I FORM: APPROVED AS TO CONTENT:
_ 01/4-M.S-Q(1-34-- &z.vJohn Ely, Cindy Houben,
e-: •ttorney Community Development Director
Case#P073-15
PID#273718405003