HomeMy WebLinkAboutpitkin.planning.273514201007 (2017)CONTRACT
RESTRICTIVE COVENANT #
FOR THE USE OF AND AGREEMENT FOR
A GREENHOUSE
THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this
day of September 2019, by Andrew and Jeanne Doremus ("Grantor" or "Owner"),
concerning the 1.625 acre property known as 85 Glen Gang Drive, Aspen, CO. Parcel ID#
273514201007, located in Pitkin County, for the benefit of the Pitkin County Board of County
Commissioners ("County").
i
WITNESSETH
WHEREAS, Grantor owns the real property commonly referred to as Lot I of the
Doremus Subdivision ("Property"), which Property will contain a Greenhouse as allowed
pursuant to Sec. 5-20-700)(5) of the Pitkin County Land Use Code. Said Greenhouse will be
located as shown on the attached site plan (Exhibit A) and shall contain approximately 112
square feet of floor area (where a total of 600 square feet is allowed), as approved in Building
Permit 0117.2019.pbld. For the purposes of this Restrictive Covenant, the approved Greenhouse
and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the
"Greenhouse"; and
WHEREAS, this Restrictive Covenant imposes certain limitations upon the Property,
which restrict the Use of the Greenhouse, as more particularly set forth herein.
NOW, THEREFORE, for and in consideration of the covenants, terms, conditions, and
restrictions hereinafter set forth and for other good and valuable consideration, the receipt and
sufficiency are hereby acknowledged, Grantor does hereby grant and convey to the County,
forever and in perpetuity, an interest in the Property, for and in consideration of the recitals and
mutual covenants, terms, conditions and restrictions contained herein:
1. Restrictive Covenant pertaining to Use of the Property. The Use of the
Greenhouse shall henceforth be designed and used primarily for the purpose of growing trees,
fruits, vegetables, flowers, grain, ornamental plants, or other crops. A greenhouse is not a place
where agricultural products are processed, treated, or packaged.
2. Covenant running with the land: binding effect. The provisions of this
Restrictive Covenant shall constitute a covenant that runs with the title to the Property as a
burden thereon for the benefit of the County, its successors and assigns and shall be deemed an
appurtenance to the title to such land.
3. Permitted uses and activities. As owners of the Property, the Grantor retains the
right to perform any act consistent with the Land Use Code to the extent such act is not
prohibited or limited by the requirements of this Restrictive Covenant. These ownership rights
include, but are not limited to, the right to exclude any member of the public trespassing on the
Property and the right to sell, lease, or otherwise transfer the Property to anyone Grantor
I IIIIII VIII VIII VIII VIII VIII VIII IIII II I III VIII VIII VIII IIIIIII II I
RECEPTIONM 659786, R: $0.00, D: $0.00 III
DOC CODE: RESTRICTION
Pg 1 of 51 10/22/2019 at 03:42:38 PM
Janice K. Vos Caudill, Pitkin County, CO
chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use
Code for any purpose.
4. Enforcement and Inspection. This Restrictive Covenant and its terms and
representations shall be fully enforceable by the County, its successors, assigns and agents in any
action at law or equity or both, to secure compliance, including but not limited to, seeking
injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to
cease and desist all activity in violation of the terms of this Restrictive Covenant and to return
the Property to its condition prior to any violation. Moreover, the County and its successors,
assigns and agents shall be permitted access to, and to enter upon, the Property at reasonable
times upon at least 48 hours advance notice to the Grantor or Grantor's representative, solely for
the purpose of monitoring, inspection, and if necessary, remediation of the Greenhouse in order
to enforce and assure compliance with the terms and conditions of this Restrictive Covenant.
5. Costs and liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the
Property, including but not limited to, costs associated with compliance with this Restrictive
Covenant. The County's acceptance of this Restrictive Covenant shall in no way be construed as
an assumption of any duties or liabilities associated with the Property and Grantor acknowledges
that by this Restrictive Covenant, Grantor continues to retain responsibility for any and all duties
and liabilities associated with the Property.
6. Subordination. At the time of the conveyance of this Restrictive Covenant, the
Grantor represents that the Property is not subject to any mortgage, deed of trust, or judgment
lien, or any other instrument that might result in a foreclosure action that could affect the
viability of this Restrictive Covenant.
7. Incorporation of the Land Use Code. The Land Use Code, as may be amended
from time to time, and any terms or definitions contained therein, are hereby incorporated by this
reference in their entirety.
8. Modification. The terms of this Restrictive Covenant can only be modified by an
amended covenant executed by both Grantor and County and recorded in the records of the Clerk
and Recorder for Pitkin County, Colorado.
9. Venue and jurisdiction. Grantor and the County consent to venue and
jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the
interpretation and enforcement of this Restrictive Covenant.
10. Attorneys fees and costs. In the event of any action or suit between the parties
hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions
contained herein, the substantially prevailing party in any such action or suit, whether by final
judgment or out of court settlement, shall recover from the other party all costs and expenses of
such action or suit including reasonable attorneys fees.
11. Section headings. Paragraph or section headings within this Restrictive
Covenant are inserted solely for convenience of reference, and are not intended to, and shall not
govern, limit or aid in the construction of any terms or provisions contained herein.
12. Further actions. The parties to this Restrictive Covenant agree to execute such
further documents and take such further actions as may be reasonably required to carry out the
provisions and intent of this Restrictive Covenant or any agreement or document relating hereto
or entered into in connection herewith.
13. Notices. Any notice which is required to be given under this covenant shall be
given by mailing the same, certified mail, return receipt requested, properly addressed and with
postage fully prepaid to any address provided herein or to any subsequent mailing address of any
additional parties, as long as prior written notice of the change of address or additional parties
has been given to the other parties to this Restrictive Covenant.
To Grantor:
Andrew and Jeanne Doremus
85 Glen Garry Drive
Aspen, CO 81611
To County:
Board of County Commissioners of Pitkin County
530 E. Main Street, Suite 302
With Copies To:
John M. Ely
Pitkin County Attorney
530 E. Main Street, Suite 301
Aspen, CO 81611
IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the
date and year first written above.
Grantor
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By: 0 re U) tom. rt? rvti v� S
State of Colorado )
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County of Pitkin )
The foregoing Restrictive Covenant was acknowledged before me this 7,o` `Iday of b P
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Witness my hand and official seal
JORDAN N. OBERHOL728t
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STATE OF COLORADO
NOTARY D 20174047578
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ACCEPTED by the Community Development Director this 2`f � day of -]� `2019,
pursuant to Board of County Commissioners Ordinance No. 032-2017:
Suzadhe Wolff, Assistant irector
APPROVED AS TO FORM
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AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting — April 26, 2017
THRU: Cindy Houben, Community Development Director
FROM: Mike Kraemer, Senior Planner & Tami Kochen, Planner
RE: Allocation of Allotments for 2017 Urban Area GMQS Competition for Additional Floor
Area
SUMMARY: Section 2-30-40 of the Land Use Code ("Code") states, "Upon receipt of the Planning and
Zoning Commission Resolution forwarding their ranking and final scores, the Board of County
Commissioners may by resolution, allocate development allotments to the eligible applicant...." This
provision also provides that a majority of the BOCC may vote to rescore an application.
The Planning and Zoning Commission's scores for the following application for the 2017 Urban Area
GMQS competition for additional floor area were forwarded to the BOCC on April 12, 2017:
• Doremus (Case P02-17): Andrew & Jeanne Doremus requested 800 square feet of additional
floor area for a detached carport located at 85 Glen Garry Drive and is described as Block 1, Lot
15 of the Aspen Highlands Subdivision, plus the Baldwin Tract.
• Carson (Case P003-17): requesting an additional 5,200 square feet of floor area for development
of a single family residence. The Lot is located at 40 Glen Eagles Drive, is legally described as
Lot 20, Filing of the Aspen Highlands Subdivision.
The Planning and Zoning Commission scored the application at a public hearing on April 4, 2017, and
gave both the Carson and the Doremus applications a score of 16 points. The Carson and the Doremus
applications exceeded the minimum threshold score, and, therefore, are eligible for an allotment. No
appeals of the scoring have been submitted.
RECOMMENDATION: Staff and the Planning Commission recommend that the Board adopt a motion
to allocate 5,200 square feet of floor area to the Carson application and to allocate 800 square feet of floor
area to the Doremus application in the 2017 Urban Area GMQS competition for additional floor area.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, ALLOCATING 2017 URBAN AREA GMQS ALLOTMENTS FOR ADDITIONAL
FLOOR AREA
Resolution No. -2017
RECITALS
On April 4, 2017, the Planning and Zoning Commission ("Commission") held a duly noticed public
hearing, at which time evidence and testimony were presented with respect to Urban Area Growth
Management applications.
2. The Commission reviewed the following application for the 2017 Urban Area GMQS competition for
additional floor area:
• Doremus (Case P02-17): Andrew & Jeanne Doremus requested 800 square feet of additional
floor area for a detached carport located at 85 Glen Garry Drive and is described as Block 1, Lot
15 of the Aspen Highlands Subdivision, plus the Baldwin Tract.
• Carson (Case P003-17): requesting an additional 5,200 square feet of floor area for
development of a single family residence. The Lot is located at 40 Glen Eagles Drive, is legally
described as Lot 20, Filing of the Aspen Highlands Subdivision.
3. The Commission scored the applications as follows:
Doremus: 16 points.
Carson: 16 points.
4. Both the Doremus and Carson applications met the minimum threshold score of 12 points AND
achieved the minimum threshold score for each scoring category, as required to be eligible for an
allotment.
Pursuant to Section 2-30-40 of the Code, the Commission's scores were forwarded by Resolution to
the Board of County Commissioners (`BOCC") on April 12, 2017. No appeals of the scoring were
submitted.
NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate a total of
800 square feet of floor area to the Doremus application, and 5,200 square feet of floor area to the Carson
application.
1. Each allocation is conditioned upon recordation of a covenant documenting the representations made in
the application for the additional square footage. This covenant shall be reviewed and approved by the
Community Development Department and recorded against the property, prior to issuance of a building
permit to utilize the awarded floor area.
Resolution No. -2017
Page 2
APPROVED AND ADOPTED ON THE 26' day of April, 2017.
ATTEST:
Jeanette Jones
Clerk to the BOCC
APPROVED AS TO FORM:
John Ely,
County Attorney
Case # P002-17. PID# 273514201007 (Andrew & Jeanne Doremus)
Case # P003-17. PID# 273514201001 (Carson)
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
LOW
George Newman, Chairman
Date
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting — April 12, 2017
THRU: Cindy Houben, Community Development Director
FROM: Suzanne Wolff, Planner Director
RE: Forwarding Planning Commission Scores for the 2017 Urban Growth Boundary GMQS
Competition for Additional Floor Area
SUMMARY: The attached resolution of the Planning and Zoning Commission (Commission) forwards
the Urban Growth Boundary GMQS scores for the competition for additional floor area. The
Commission heard these requests at a duly noticed public hearing on April 4t'', 2017. The following
development applications were submitted and the Commission scored the application as follows:
• Andrew & Jeanne Doremus (Case P002-17): Andrew & Jeanne Doremus requested 800 square
feet of additional floor area for a detached carport located at 85 Glen Garry Drive and is legally
described as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract.
Carson (Case P003-17): requesting an additional 5,200 square feet of floor area for development
of a single family residence. The Lot is located at 40 Glen Eagles Drive, is legally described as Lot
20, Filing 1 of the Aspen Highlands Subdivision.
SCORES:
Doremus: 16 points
Carson: 16 points
Both applications met the minimum threshold score of 12 points.
In summary, the Commission recommends allocation of a total of 6,000 square feet of floor area for the
two applications, which is less than the amount available (10,000 square feet). The Code provides for a
bi-annual competition if the full allotment is not utilized in the first round of competition. An
application(s) could be submitted on the deadline of July l st for the remainder of the allotment (4,000
square feet of floor area).
Pursuant to Section 2-40-40 of the Code, any appeals of the scoring must be filed in writing within 15
working days of the Commission's public hearing. Staff has forwarded the scores within the appeal
period. A majority of at least a quorum of the BOCC may vote to rescore an application. Once the appeal
period has expired, the BOCC shall by resolution allocate the allotments.
RECOMMENDATION: No action is required at this time.
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY,
COLORADO, FORWARDING THE 2017 URBAN AREA RESIDENTIAL GROWTH
MANAGEMENT QUOTA SYSTEM SCORES FOR ADDITIONAL FLOOR AREA TO THE
BOARD OF COUNTY COMMISSIONERS
Resolution No. PZ- -2017
RECITALS
On April 4, 2017, the Planning and Zoning Commission ("Commission") held a duly noticed public
hearing at which time evidence and testimony were presented with respect to Growth Management
Quota System (GMQS) applications.
2. The Commission reviewed the following applications for the 2017 Urban Area Residential GMQS
competition for additional floor area:
• Andrew & Jeanne Doremus (Case P002-17): Andrew & Jeanne Doremus requested 800 square
feet of additional floor area for a detached carport located at 85 Glen Garry Drive and is legally
described as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract.
Carson (Case P003-17): requesting an additional 5,200 square feet of floor area for development
of a single family residence. The Lot is located at 40 Glen Eagles Drive, is legally described as Lot
20, Filing 1 of the Aspen Highlands Subdivision.
There are 10,000 square feet of floor area available in the Urban Area. The Applicants requested a
total of 6,000 square feet.
4. The Commission scored the applications as follows:
• Andrew & Jeanne Doremus: 16 points
• Carson: 16 points
The applications met the minimum threshold score of 12 points AND achieved the minimum threshold
score for each scoring category, as required to be eligible for an allotment.
NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby forwards the 2017
Urban Area GMQS scores for additional floor area to the Board of County Commissioners.
APPROVED ON THE 4h day of April, 2017.
Resolution No. PZ --2017
Page 2
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO
Jeffry J. Conklin, Chairman
Date
ATTEST:
Bonnie Shiles, Administrative Assistant
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, County Attorney Cindy Houben, Community Development Director
Case #: P002-17. PID#: 273514201007 (Andrew & Jeanne Doremus)
Case #: P003-17. PID#: 273514201001 (Carson)
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Tami Kochen, Planner
RE: Doremus GMQS Application for Additional Floor Area in the Urban Growth Boundary,
GMQS Exemption for a Greenhouse, Conceptual Activity Envelope and Site Plan Review,
and PUD Amendment
DATE: April 4, 2017
SUMMARY OF REQUEST: The Applicant is requesting a growth management allotment of 800 square
feet of floor area for a carport in the Urban Growth Boundary (UGB), GMQS Exemption for a 128 square
foot greenhouse pursuant to Sec. 5-20-700)(5), Conceptual Activity Envelope and Site Plan Review, and
PUD Amendment.
APPLICANTS: Andrew & Jeanne Doremus
REPRESENTATIVE: Davis Horn Inc.
LOCATION: 85 Glen Garry Drive, proposed Lot 1, Doremus Subdivision
The property is bordered by the proposed Doremus Subdivision Open Space to the north, Aspen
Highlands Subdivision Lots 4 & 5 to the west, proposed Doremus Subdivision Lot 2 to the south, and
Aspen Highlands Lots 16, 17 and 19 to the east.
ZONING/LOT SIZE: The lot is zoned R-30 PUD and contains 70,024 square feet.
PROCEDURE/PROCESS: Scoring of the Growth Management application is conducted by the
Planning and Zoning Commission. The Planning Commission forwards, by resolution, the ranking of the
development applications. Upon receipt of the Planning Commission resolution forwarding the scores or
subsequent to the conclusion of all appeal hearings, the BOCC by resolution allocates development
allotments to the eligible applicants. If the growth management application meets threshold, the
Planning Commission will separately consider the Activity Envelope, Site Plan, PUD Amendment,
GMQS Exemption for a Greenhouse request.
HISTORY: In 1994 the Applicant developed the parcel (previously known as the Baldwin Tract) with a
4,915 square foot single family home pursuant to BOCC Resolution 91-136. A 1996 Memorandum from
Lance Clarke to Cindy Houben, and Resolution No. PZ 97-13 permitted additional floor area exempt
from GMQS allowing for the current 5,693 square foot single family residence.
In September 2016, the Applicant submitted a GMQS application for a new lot in the Urban Growth
Boundary, Subdivision Conceptual Submission, Rezoning to Planned Unit Development (PUD), PUD
Review, and Activity Envelope Review. The Planning and Zoning Commission heard the application
December 131', 2016 and recommended approval by a vote of 5-0.
The BOCC subsequently granted a growth management allotment of 5,750 square feet of gross floor area
on Lot 2 for a single family residence pursuant to Resolution No. 03-2017. On March P, 2017 the BOCC
approved Subdivision Conceptual Submission, Activity Envelope Review, and Rezoning to a Planned Unit
Development (PUD) Overlay.
During the application review process it was determined that the carport and the greenhouse on Lot 1 had not
been permitted or included in floor area calculations. The applicant has chosen to compete in the GMQS
competition for the floor area required to accommodate the carport, and apply for GMQS exemption for the
greenhouse.
EXISTING CONDITIONS: The 70,024 square foot lot contains a 5,693 square foot single-family
residence. The property also contains an 800 square foot unpermitted carport, and 128 square foot
unpermitted greenhouse. A maximum of 12,921 gross square feet is allowed on the lot (as designated in
the Subdivision/PUD Conceptual Submission approval). This total includes 8,171 square feet of floor
area, and 750 square feet of garage space and 4,000 square feet of subgrade space exempt from floor
area. Development over 5,750 square feet of floor area requires a GMQS allotment.
The carport is located on the east side of the property within the 20 foot side yard setback as determined
by the underlying R-30 zone district. The greenhouse is located north of the residence 13 feet into the
100 foot Maroon Creek Road setback. In the recent application, the Board approved rezoning the
property with a PUD overlay which varied the front yard setback and the size of Lot 2, but did not vary
the setbacks for the existing carport and garage on Lot 1.
PROPOSAL: The Applicant is seeking approval for Activity Envelope and Site Plan Review, an
Amendment to the PUD to vary the side yard and road setback, GMQS allotment to accommodate an
existing 800 square foot carport constructed without a permit, and GMQS exemption for a 128 square
foot greenhouse. Pursuant to Sec. 5-20-70 0)(5): Floor Area Exemptions for Agricultural Buildings, a 600
square foot green house may be exempt from floor area on the lot.
REFERRAL COMMENTS: The application was referred to City of Aspen Open Space, Aspen Fire
Protection District, and Zoning. Comments from Zoning are incorporated into the recommended conditions
within this memo.
STAFF COMMENTS:
URBAN GROWTH BOUNDARY GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) ALLOTMENTS FOR
ADDITIONAL FLOOR (SECTION 6-40-20 AND 6-50):
An annual ceiling of 10,000 square feet of floor area is available in the Urban Growth Boundary for
residential additions. The Applicant is requesting an allotment of 800 square feet of floor area for a carport.
Consideration of Comprehensive Plan: The application is consistent with the Aspen Area Community Plan
and compatible with the surrounding neighborhood. The lot is surrounded by subdivided land, has access
to required services such as schools, trails, parks, transit line, and has previously committed to preserving an
open space parcel along the Maroon Creek Scenic Corridor. An additional 800 square feet to the existing
2
5,693 square feet still keeps the floor area on the lot well below the average floor area in the surrounding
neighborhood.
Proportionality: When scoring an application, the Planning and Zoning Commission should consider
whether each commitment made by the applicant seeking points is proportional to the size of the
allotment being requested. In other words, an applicant seeking an allotment for a large amount of floor
area would be expected to make a proportionally greater commitment to obtain the same score as an
applicant seeking a lesser amount of floor area
The application seeks approval for 800 square feet of additional gross floor area for a carport. The Applicant
based the size of their commitments proportionally to the size of the commitments made in their recently
approved GMQS application for 5,750 square feet of gross floor area for a new lot (Lot 2). 800 square feet
of gross floor area is 13.9% of 5,750 square feet, thus they are proposing to increase the commitments made
in the previous application by approximately 13.9%.
Staff's recommended scoring for this project is provided in Attachment A. Please note that development
in the Urban Growth Boundary must receive a minimum score of 12 points to obtain an allocation. Staff has
recommended a score of 16 points for this application, which exceeds the minimum score required.
ACTIVITY ENVELOPE & SITE PLAN: Building envelopes were established for the single family residence in
the 1992, 1041/General Submission Site Plan recorded in Plat Book 28 at Page 55. Both the carport and
greenhouse exist outside of the building envelope. Attachment B depicts the proposed Activity
Envelope now encompassing the 2 structures and avoiding slopes over 30%.
Site Preparation and Grading. No grading, tree removal, or grubbing is proposed.
Steep/Potentially Unstable Slopes: The only constraint on the property is slopes over 30%. The activity
envelope avoids all existing slopes in excess of 30%. Staff questioned whether the carport was located on
slopes that were originally in excess of 30% based on the current adjacent slopes. The applicant has
provided a topographic map and corresponding slope analysis prepared by Aspen Survey Engineers dated
March 1991, as well as photos and reports included in the 1991 GMQS application which indicate that the
carport location did not include slopes in excess of 30%. The surrounding berm was likely the result of the
construction of the driveway and residence.
Wildlife Habitat: Jonathan Lowsky of Colorado Wildlife Science LLC and Kurtis Tesch, CPW District
Wildlife Manager assessed the property in July 2016. They concluded that given the development density
surrounding the property, the property does not provide any valuable wildlife habitat.
Standards for Scenic View Protection Areas: The property is located within the Maroon Creek Road
Scenic View Protection Area. The carport is not visible from the road due to the distance from the road,
topography, and mature vegetation. The greenhouse is discernable from the road in the winter when less
vegetation screening is present, however, scenic impacts are quite minimal due to the earth tone materials,
modest height and 128 square foot size.
PLANNED UNIT DEVELOPMENT CRITERIA FOR APPROVAL (Sec. 3-70-30):
The property received approval for PUD designation from the Board on March 8t', 2017. While the front
yard setback and lot size were varied on Lot 2, the applicant is now seeking approval on Lot 1 to vary the
side yard setback to 3 feet where the underlying zone district requires 20 feet, and to vary the major road
setback for Maroon Creek Road to 87 feet where 100' is required. Pursuant to Sec. 3-70-30(h)(1)(a),
development standards that may be varied in a PUD include minimum yard and road setbacks if the County
determines that the criteria in Section 3-7030(h)(1)(a) (c) have been met.
Criteria for Approval (Sec. 3- 7030(h)(1)(a)(c))
(1) Is generally consistent with the scale of surrounding development:
Although the carport is 3' from the east property line with Lot 16 of the Aspen Highlands Subdivision,
the natural knoll on the north and east side and a man-made berm on the south are heavily vegetated year
round and thus the structure is barely visible from Lot 16 or the surrounding neighborhood (See
Attachment Q. A letter and photo from the most affected neighbors on Lot 16 states the location of the
structure, "does not create any issues for us regarding size and location." (See Attachment D). If the
structure moved to a more central location on the lot, visual impacts would likely be greater for the
neighbors to the east and west. Additionally, the area between the carport and the Activity Envelope on
Lot 16 includes steep slopes and it is unlikely development would ever occur there, maintaining an open
buffer area. Health and safety objectives of zoning setbacks are not compromised by the setback
variation.
The greenhouse is located 87' from Maroon Creek Road and is well screened from the road corridor
with mature Gambel Oak trees as seen in Attachment E. Sections of Maroon Creek Road north and
south of the property include properties with residences developed within 50' from Maroon Creek Road.
The modest and 128 square foot greenhouse is not inconsistent with the surrounding development.
(2) Does not significantly reduce sunlight or create significantly increased shadowing of roads,
pedestrian paths, or developed residential properties:
Increased shadowing and reduced sunlight will not occur due to the setback variation. The mass of the
carport is set into the landform reducing shadowing effects. The greenhouse is surrounded by native,
open -space area.
(3) For any increase in height, is accompanied by increased setbacks along any property line adjacent
to single or multi -family uses:
Height increases are not proposed.
(4) Provides protection for the water quality and wildlife habitat in rivers and streams at least equal
to that if the dimensions had not been varied:
Water quality and wildlife habitat will not be adversely impacted. A wildlife and Ecological Assessment
done by Colorado Wildlife Science LLC submitted with the prior application confirms that the lot does
not contain significant wildlife habitat areas that will be impacted by additional development.
(5) Provides areas within the PUD allocated for common usable open space. The common open space
shall be used and be suitable, for scenic, landscaping or recreation purposes. The common open
space shall be protected from future development, and shall be guaranteed to be available for use
by residents of the entire property, through a deed restriction or other legal document, acceptable
4
to the County, and recorded with the clerk and recorder of Pitkin County.
The proposed common open space created in the prior PUD review complies with this standard.
FLOOR AREA EXEMPTION FOR GREENHOUSES (Sec. 5-20-70):
Pursuant to Sec 5-20-700)(5), a greenhouse of up to 600 square feet may be exempt from floor area
based on the 70,024 square foot lot size. The existing greenhouse is 128 square feet and is detached from
the residence. The greenhouse shall remain detached unless it attached to a "U" occupancy building as
classified in the International Building Code. An occupancy covenant agreement will be required to be
recorded for the floor area to be exempt prior to obtaining a zoning permit for the structure.
RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the
BOCC to grant a growth management allotment for 800 square feet of gross floor area for the carport,
conditioned upon recordation of a covenant documenting the representations made in the application for the
additional square footage. This covenant shall be reviewed and approved by the Community Development
Department and recorded against the property, prior to submitting a building permit to utilize the awarded
floor area.
Staff further recommends that the Planning Commission approve the Activity Envelope and Site Plan
Review, PUD Amendment to vary setbacks, and GMQS Exemption for the Greenhouse, subject to the
attached Resolution.
ATTACHMENTS:
A. Staff's recommended scoring
B. Doremus Conceptual Site Plan & Activity Envelope
C. Photo of Carport
D. Letter from Lot 16 owners Julie and Steve Schlafer
E. Photo of Greenhouse taken from Maroon Creek Road
Application provided separately
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY,
COLORADO, APPROVING THE DOREMUS GMQS EXEMPTION FOR A GREENHOUSE,
CONCEPTUAL ACTIVITY ENVELOPE AND SITE PLAN REVIEW, AND PUD AMENDMENT
Resolution No. PZ- -2017
RECITALS
1. Andrew and Jeanne Doremus (hereafter "Applicant") have applied to the Planning and Zoning
Commission of Pitkin County, Colorado ("Planning Commission") to request a growth management
allotment of 800 square feet of floor area for a carport in the Urban Growth Boundary (UGB), GMQS
Exemption for a 128 square foot greenhouse, Activity Envelope and Site Plan Review, and PUD
Amendment.
2. The property is located at 85 Glen Garry Drive and is described as Block 1, Lot 15 of the Aspen
Highlands Subdivision, plus the Baldwin Tract.
3. The lot is zoned R-30 and contains 2.35 acres, and is located within the Urban Growth Boundary.
4. The Board of County Commissioners granted 1041 and general submission approval for a single
family residence, pursuant to BOCC Resolution 91-136; the 1041 site plan was recorded in Plat Book
28 at Page 55. In 1994 the Applicant developed the parcel (previously known as the Baldwin Tract)
with a 4,915 square foot single family residence. Additional floor area was approved pursuant to
Resolution No. PZ 97-13, resulting in the current 5,693 square foot single family residence.
5. In September 2016, the Applicant submitted an application for Conceptual Submission approval to
subdivide the property into two lots, rezone with a PUD overlay, to obtain a GMQS allotment for a
new lot in the Urban Growth Boundary, and to establish an Activity Envelope on the new lot. The
Planning Commission heard the application December 13th, 2016 and recommended approval by a vote
of 5-0.
6. The Board of County Commissioners (BOCC) subsequently granted a growth management allotment of
5,750 square feet of gross floor area on Lot 2 for a single family residence, pursuant to Resolution No.
03-2017. The BOCC approved the Subdivision Conceptual Submission and Activity Envelope Review,
pursuant to Resolution No. _-2017. The BOCC also approved the rezoning of the Doremus
property with a PUD overlay, pursuant to Ordinance No. -2017.
7. During the Subdivision Conceptual Submission application review process it was determined that the
carport and the greenhouse on proposed Lot 1 had not been permitted or included in floor area
calculations. The Applicant has chosen to compete in the GMQS competition to obtain the floor area
required to accommodate the carport, and to apply for GMQS exemption for the greenhouse.
8. The Planning Commission considered the proposed application at a duly noticed public hearing on April
4, 2017.
9. The Planning Commission gave the growth management application a score of 16 points, which exceeds
the threshold and makes the Applicant eligible for the requested allotment. The allotment will be
granted by the BOCC.
Resolution No. PZ --2017
Page 2
10. The Planning Commission finds that the application is consistent with the applicable provisions of the
Pitkin County Land Use Code as follows:
A. The activity envelope avoids slopes in excess of 30%, is within a low wildfire hazard area, and the
property does not contain mapped or otherwise known wildlife habitat.
B. The activity envelope encompasses the previously approved building envelope and the carport and
greenhouse.
C. The property is located within the Maroon Creek Road Scenic View Protection Area. The carport is
not visible from the road due to the distance from the road, topography, and mature vegetation. The
greenhouse is discernable from the road in the winter when less vegetation screening is present,
however, scenic impacts are quite minimal due to the earth tone materials, modest height and 128
square foot size.
D. The variances of the side yard setback to 3 feet, where the underlying zone district requires 20 feet,
and the Maroon Creek Road setback to 87 feet, where 100' is required, comply with the criteria in
Section 3-7030(h)(1)(a) (c) of the Code: the structures are consistent with the scale of surrounding
development, do not reduce sunlight or increase shadowing, and do not impact water quality or
wildlife habitat.
E. The greenhouse is 128 square feet, where up to 600 square feet may be exempt from floor area
for a greenhouse. The greenhouse is detached and complies with the criteria in Sec. 5-20-
700)(5) of the Code.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby approves
the Doremus Activity Envelope and Site Plan, GMQS Exemption and PUD Amendment, subject to the
following conditions, which shall run with the land and be binding on all successors in interest, and
authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form,
execute any other associated documents necessary to complete this matter:
1. The Applicants shall adhere to all material representations made during the application process or in
public meetings or hearings and shall consider those representations to be conditions of approval.
2. Include the following additional approved PUD variances in the draft PUD Agreement as required
per Condition (3)(c) of Resolution No. -2017,:
A. A 3 foot side yard setback for a carport structure on Lot 1.
B. An 87 foot Maroon Creek Road setback for a greenhouse on Lot 1.
No additional development in excess of 30" above or below natural grade shall occur within the
underlying zone district setbacks, with the exception of driveways and associated retaining walls of
up to 6' above or below natural grade and fencing. Landscaping in the form of berms within the
setbacks shall not exceed four feet from the most restrictive grade. Approval of an activity envelope
within such setbacks does not assure approval of a variance.
4. Prior to recordation of the Doremus Subdivision Final Plat, the Applicant shall submit a building permit
application and obtain a Certificate of Completion for the carport, and shall obtain a zoning permit for
the greenhouse.
Resolution No. PZ --2017
Page 3
5. Concurrent with recordation of the Doremus Subdivision Final Plat, the Applicant shall record an
Activity Envelope/Site Plan for Lot 1 in accordance with Land Use Code Section 2-30-20(g) and
Application Manual Section 2.1.1. The Activity Envelope/Site Plan shall first be submitted for
approval by the County Attorney and Community Development. The above referenced approvals
shall be a condition precedent to finalization and recordation.
6. With the building permit application for the carport, the Applicant shall:
A. Submit the receipt for the cash payment of $1,000 to the Aspen School District for transportation
planning and related traffic issues.
B. Submit the receipt for the cash payment of $2,100 to the Aspen Fire Protection District to assist
them in attaining a side-by-side UTV.
C. Submit the receipt for the cash payment of $1,112 to the City of Aspen Parks Department for
improvements to the Government Trail and Bridge.
7. The exterior of the carport and greenhouse shall utilize indigenous earth tone materials or colors and
the roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used
unless the materials are treated prior to installation to eliminate reflectivity, with the exception of
materials associated with solar or photovoltaic equipment.
8. Redevelopment of the carport structure in the existing location shall be limited to the same bulk,
mass, and height. Future expansion shall only occur outside of the underlying zone district setbacks.
9. With the zoning permit for the green house, the Applicant shall record an Occupancy Covenant and
Agreement that shall specify that the exempt floor area shall only be used in association with the
raising, producing, or keeping of plants or livestock, or cultivation and management of other crops or
farm products, and that any area not consistent with those uses shall count as floor area. The
Occupancy Covenant and Agreement shall allow the County to inspect the greenhouse at any time for
compliance with the specified use limitations, subject to the provision of reasonable notice to the
property owner. The form of the Occupancy Covenant and Agreement shall be approved by the
County Attorney.
10. The greenhouse shall be limited to a maximum of 128 square feet of exempt floor area in its current
location in the Maroon Creek Road setback, and shall be subject to the following limitations:
A. The greenhouse shall not contain any mechanical, electrical or plumbing equipment.
B. No light shall emanate from the interior of the greenhouse such that it is visible from the exterior
of the greenhouse from two (2) hours after dusk until two (2) hours before dawn.
11. The greenhouse may be expanded up to a maximum of 600 square feet of exempt floor area allowed
pursuant to Sec. 5-20-700)(5) if relocated outside of the underlying zone district setbacks.
12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
Resolution No. PZ --2017
Page 4
13. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
14. 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 ON THE 4st day of April, 2017.
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO
Jeff Conklin, Chair
Date
ATTEST:
Bonnie Shiles, Administrative Assistant
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, County Attorney Cindy Houben, Community Development Director
P002-17
273514201007
ATTACHMENT A
URBAN AREA RESIDENTIAL GROWTH MANAGEMENT COMPETITION FOR
ADDITIONAL FLOOR AREA
STAFF'S RECOMMENDED SCORING
NAME OF PROJECT: DOREMUS, LOT 2,85 GLEN GARRY DR. DATE: 4/4/17
6-10-10: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL
ALLOTMENTS
The Planning and Zoning Commission shall consider each application with respect to the
standards described below, and shall assign points according to the following schedules:
(a) Vmpacts on Public and Private Facilities
(1) Considering whether an applicant has provided a commitment to install those public and
private facilities that are necessary to serve the development and also to install facilities that
may be of benefit to the surrounding neighborhood. Points shall be awarded according to
the following schedule:
(a) Zero (0) means the proposed facilities do not comply with the County's adopted
standards or do not meet the needs of the project.
(b) One (1) means the proposed facilities comply with the County's adopted standards and
provide for the needs of the project, but do not improve services to the surrounding
neighborhood.
(c) Two (2) means the proposed facilities comply with the County's adopted standards,
provide for the needs of the project, and help to solve a problem or resolve a constraint
with existing facilities, or otherwise are of benefit to the surrounding neighborhood.
Any such improvements proposed must also be consistent with adopted County plans
addressing such facilities and must be determined to be necessary and appropriate by
the referral agency charged with utilizing the facility or providing the related service.
(2) The categories in which points shall be awarded are as follows:
(a) Fire Protection
1. Capability of the appropriate fire protection district to provide fire protection
according to its established response standards, including whether appropriate
access has been provided to the development site, with necessary vehicle turnouts
and turn -around pads;
2. Adequacy of available water pressure and capacity for providing fire -fighting
flows; and
3. Commitment of an applicant to provide or pay for fire protection facilities that may
be necessitated by the project or that may improve fire protection capabilities in
the neighborhood, including but not limited to fire hydrants, water storage tanks or
ponds, and fire fighting vehicles or equipment.
Maximum Score 2 Score: 2 x 1 (multiplier) = 2
COMMENT: The property is currently served by the Aspen Fire Protection District. The 800
square foot carport will not necessitate additional fire fighting facilities or capabilities. The property
can be accessed directly from Glen Garry Drive. A turn around area is not necessary as Glen Garry
Drive has access from Glen Eagles Road and Maroon Creek Road. An existingfydrant is
within 300' of the Lot and in adequate proximi , to the proposed residence. Parker Lathrop, Fire
Marshal, previously stated that the neighborhoods off Maroon Creek Rd are in the Wildland Urban
Interface which have a higher probability of a wildland fire, and the acquisition of a UTV would be
"a vital link if Maroon Creek Road were ever cut off by an emergency
As part of the Applicants prior growth management application for Lot 1, the applicant committed to
contribute $15,000 to the Aspen Fire Protection District to help them attain a side-by-side UTV. The
Applicant now commits to contribute an additional $2,100 which is based proportionately to the prior
commitment when they applied for an allotment of 5,750 square feet. ($15,000 x 13.9% _ $2,100)
Staff finds the donation of $2,100 to assist in the Fire Department in attaining an UTV helps to
improve fire protection capabilities in the neighborhood and therefore recommends a score of 2.
(b) Road System
1. Capability of the public road network to provide for the needs of the proposed
development within acceptable levels of safety, as defined in the Pitkin County
Asset Management Plan; and
2. Applicant's commitment to provide or pay for necessary road system
improvements attributable to the proposed development or to improve road
capacity or safety in the neighborhood.
Maximum Score 2 Score: 2 x 1 (multiplier) = 2
COMMENT: The property is accessed via Maroon Creek Road and Glen Eagles Drive and is 1/4
mile from the Aspen Public Schools. Traffic congestion during peak times is an issue of concern.
The Applicant discussed the traffic issues with John Maloy, Superintendent of the Aspen School
District. He noted the City of Aspen has been workingin with the Aspen School
District to conduct transportation planning studies. Several projects are planned and additional
studies may be needed.
In the applicant's prior ,growth management application for Lot 1, they previously committed to
donate $5,000 to the School District for transportation planning assistance and related traffic
issues. The Applicant now commits to contribute an additional $1000 which is proportionately in
excess of the prior commitment. ($5,000 x 20% _ $1,000)
Despite the limited impact of the additional square footage on peak hour traffic in the corridor,
the Applicant has committed to contribute to improving road capacity and safe1y in the
neighborhood; therefore, staff recommends a score of 2.
(c) Transit and Trail Systems
1. Whether the proposed development site is located in proximity to existing transit
routes and trail systems and whether appropriate on-site connections are made to
these routes and trails;
Z Capability of the transit system to accommodate the proposed development
without the need for additional equipment or route shifts;
3. Commitment of the applicant to finance or provide capital improvements (such as
a bus, bus shelter, or trail connection) that enhance the ability of the transit or trail
system to serve the proposed development, or to provide an easement for a trail
that has been identified in the Pitkin County Comprehensive Plan; and/or an
easement for a trail that has generally been identified as a public access need.
Maximum Score 4 Score: 2 x 2 (multiplier) = 4
COMMENT: The property is located near the Castle Creek/ Aspen Highlands bus route. It is
within easy walking distance of an existing RFTA bus stop, the Government Trail, Aspen Public
Schools, and the Aspen Recreation Center. The 800 square feet will have a minor impact to the
transit system or the need for additional equipment or route shifts.
The proposed subdivision is also adjacent to Fred Iselin Memorial Park which is across Maroon
Creek Road and the Government Trail. The applicant previously discussed the state of the trail
with Austin Weiss of the City of Aspen Parks Department. Austin indicated that the trail and
bridge over the creek are in poor condition and are in need of repair. Austin estimates the project
would roughly total $20,000-$25,000 to complete.
The Applicant previously committed to donate $8,000 to the City of Aspen Parks Department for
Government Trail improvements. The Applicant now commits to contribute an additional $1,112,
which is proportional to the prior commitment. ($8,000 x 13.9% = $1,112)
The commitment helps to solve a problem or resolve a constraint with existing facilities, or
otherwise benefits the surrounding neighborhood, therefore, staff recommends a score of 2.
Impacts on Public and Private Facilities Subtotal: 8
(b) jEffect on the Environment
(1) Considering the environmental impacts of the proposed development and whether the
applicant commits to actions that will have a positive effect on the natural environment in
Pitkin County, thereby achieving an overall benefit for the community. Points shall be
awarded according to the following schedule:
(a) Zero (0) means the proposed development does not comply with the applicable adopted
County environmental standards.
(b) One (1) means the proposed development complies with (but does not exceed) the
applicable adopted County environmental standards.
(c) Two (2) means the proposed development exceeds the applicable adopted County
environmental standards, or the proposed development complies with the applicable
adopted County environmental standards and helps to solve an existing environmental
problem. To receive a score of 2 in any category, an applicant shall exceed an adopted
standard or solve an existing problem as expressed in at least one of the standards in
that category, but need not do so in all of the standards of that category.
(2) The categories in which points shall be awarded are as follows:
(a) Water Resources
Considering the overall impacts of the development on local and regional water
resources, including:
1. The extent to which the proposed development of the property will comply with or
will exceed (by more than fifty (50) percent) the minimum stream setbacks and
riparian and wetland buffers established in Table 5-1 and Sec. 7-20-80 of this Land
Use Code.
2. Whether an applicant commits to the dedication of water rights to an appropriate
public agency or other actions that will contribute to the protection of minimum
stream flows and address a documented need in Pitkin County.
3. Whether an applicant commits to retain irrigation water rights with agricultural or
open space lands that are part of the development.
4. Whether an applicant commits to the implementation of techniques that will
improve the efficiency of existing irrigation systems and commits to dedicate the
remaining water to minimum in -stream flows, or increases the amount of
agricultural land or protected open space that is able to be irrigated within the
development.
5. Whether an applicant proposes a water augmentation plan that will replace water
that is to be used by the development with augmentation water that re-enters the
stream either (i) upstream of the development, or (ii) at the same point of diversion
employed by the development (that is, bringing "wet water" to the County), or (iii)
downstream of the development, but still upstream of the in -stream depletion areas
in Pitkin County.
Maximum Score 4 Score: 1 x 2 (multiplier) = 2
COMMENT: The proposed development will be set back more than 150' from any stream,
wetland or riparian area. Water service can be provided by Cit open via the existing water line
in Glen Garry Drive. The property does not include any water rights that can be dedicated or
augmented, and does not have any irrigation water rights, agricultural or open space lands, nor are
there any water demands created by the carport.
The proposed development complies with, but does not exceed the applicable standards, therefore,
staff recommends a score of 2.
(b) Wildlife Habitat Protection
Considering the extent to which the proposed development will contribute to the
protection of wildlife habitat in Pitkin County by exceeding the standards of Sec. 7-20-
70. The County has identified the following activity that qualifies as exceeding the
adopted standards:
An applicant could commit to a program that would enhance or would restore
native wildlife habitat that has been degraded by human or animal activity (for
example, by creating or restoring wetlands and/or riparian habitat). On-site
enhancement is preferred, but where there are no significant opportunities for on-
site enhancement or restoration, a commitment to enhance or restore other sites in
Pitkin County may be considered.
al
Z Applicants may also identify other innovative ways in which wildlife habitat can
be protected in Pitkin County that would exceed the County's adopted wildlife
standards.
Applicants with no mapped or known wildlife habitat on their entire lot or parcel shall
receive a score of two (2) in this category.
Maximum Score 2 Score: 2 x 1 (multiplier) = 2
COMMENT: A wildlife and ecological assessment was conducted by Jonathan Lowsky of
Colorado Wildlife Science LLC in August 2016. His study concluded that the property does not
contain any mapped or known County regulated wildlife habitat. Kurtis Tesch of Colorado Parks
and Wildlife also visited the property in July 2016 and concurred with the finding. Therefore, the
Applicant is eligible for a score of 2.
Effect on the Environment Subtotal: 4
(C) jAchievement of Community Goals
(1) OPEN SPACE PRESERVATION
(a) Considering the extent to which the proposed development will contribute to the
preservation of open space in Pitkin County. Valued open space that an applicant could
preserve includes:
1. Undeveloped lands that have wildlife, scenic, and other desirable resource values;
2. Agricultural lands, including those that have been historically irrigated, used for
food, grains or other feed production, and those used for dry pasture and
rangeland;
3. Lands, or easements over lands, which provide access to public lands or public
waters; and
4. Other undeveloped lands whose preservation would be consistent with the adopted
Pitkin County Comprehensive Plan.
(b) Points shall be awarded according to the following schedule:
1. Zero (0) means the proposed development does not preserve any of the valued
open space within the property.
2. One (1) means the proposed development preserves some, but not all of the valued
open space within the property.
3. Two (2) means the proposed development preserves all of the valued open space
within the property.
4. If the entire lot or parcel does not contain any valued open space, the applicant
shall receive a score of two (2).
Maximum Score 2 Score: 2 x 1 (multiplier) = 2
5
COMMENT: The property does not contain land valuable to wildlife, but is adjacent to a portion
of the Fred Iselin Memorial Park that is on the east side of Maroon Creek Road. The park is
highly visible from Maroon Creek Road which is a designated Pitkin County scenic corridor.
In the prior land use application, the applicant committed to creating an 11,733 square foot Open
Space Parcel for the benefit of Lot 1 & Lot 2 adjacent to the Fred Iselin Park. No new
commitments have been made with this application. The previously established Open Space
Parcel does "preserve all of the valued open space within the properly" and Lot 2 does not
contain any valued open space, therefore staff recommends a score of 2.
(2) HAZARD MITIGATIONAND AVOIDANCE
Considering the extent to which the proposal mitigates the impacts of development or avoids
locating development in floodplain hazard, geologic hazard, or wildfire hazard areas, as
these areas are described in Chapter 7 of this Land Use Code. Points shall be awarded
according to the following schedule:
(a) Zero (0) means the proposed development does not comply with the County's adopted
standards for floodplain, geologic, and wildfire hazard areas.
(b) One (1) means the proposed development complies with the County's adopted
mitigation standards for development in floodplain, geologic, and wildfire hazard areas,
but includes some development activities on slopes in excess of thirty (30) percent or in
areas subject to severe wildfire hazards.
(c) Two (2) means the proposed development complies with the County's adopted
mitigation standards for development in floodplain, geologic, and wildfire hazard areas
and includes no development activities on slopes in excess of thirty (30) percent or in
areas subject to severe wildfire hazards.
Maximum Score 2 Score: 2 x I (multiplier) = 2
COMMENT: The property is not within the floodplain, there are nope_ geologic hazards, and the
wildfire hazard is rated as low. The Applicant has demonstrated that the carport was not
constructed on slopes in excess of 30%. Staff finds that a score of 2 is appropriate because the
development avoids floodplain, geologic, and wildfire hazard areas, and does not encroach on
slopes in excess of 30%.
Achievement of Community Goals Subtotal: 4
(d) lCreative Bonus
The Planning and Zoning Commission may award bonus points to any development application
that meets the overall minimum scoring threshold to obtain an allocation, as specified in Tables 6-
7 and 6-8. Bonus points may be awarded to an applicant who proposes creative approaches that
are consistent with the purpose and intent of the scoring categories set forth in Secs. 6-50-20 (a),
(b), and (c), and go beyond the standards established in each of the respective categories. Bonus
points may also be awarded for creative approaches that have not been addressed in any of the
scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), but that are consistent with and help
to implement the Pitkin County Comprehensive Plan. Up to five (5) bonus points may be
awarded as follows:
Con
(1) One (1) bonus point may be awarded for each creative approach an applicant proposes that is
consistent with the purpose and intent of a scoring category set forth in Secs. 6-50-20 (a),
(b), and (c), and goes beyond the standards established in that category.
(2) One (1) bonus point may be awarded for each creative approach an applicant proposes that is
consistent with and helps to implement the Pitkin County Comprehensive Plan.
(3) One (1) bonus point may be awarded to any applicant who proposes to build affordable
housing, rather than pay the Employee Housing Impact Fee required by Section 8-30 of this
Land Use Code. To obtain the bonus point, the proposal to build the housing shall comply
with the County's adopted affordable housing policies and guidelines in terms of its location
and the type of housing proposed.
Maximum Score 5 Score: 0
COMMENT: The Applicant is not seeking any Creative Bonus points.
TOTAL POINTS (with multiplier):
Must meet minimum threshold of 12 points (with multipliers) to obtain additional floor area
(bonus points are not included in the minimum threshold).
7
Possible
Subtotal
Subtotal
Points
(without
(with
multipliers)
multipliers)
A. Impacts on Public and Private Facilities
8
6
8
B. Effect on the Environment
6
3
4
C. Achievement of Community Goals
4
4
4
D. Creative Bonus
5
0
0
TOTAL
23
16
Must meet minimum threshold of 12 points (with multipliers) to obtain additional floor area
(bonus points are not included in the minimum threshold).
7
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CONCEPTUAL SITE PLAN
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TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.
COUNTY OF PITKIN, STATE OF COLORADO
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2.358+ ACRES
102,722± 5.F.
LOT 16
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CONCEPTUAL SITE PLAN
A PARCEL OF LAND SITUATED IN THE NE I /4NW 114 OF SECTION 14,
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.
COUNTY OF PITKIN, STATE OF COLORADO
rO rA L A*/R EA
2.358+ ACRES
102,722± 5.F.
LOT 16
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EASEMENT I
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VICINITY MAP
PROPERTY DESCRIPTION
STEWART TITLE GUARANTY COMPANY COMMITMENT NO. 01330-83455 EFFECTIVE DATE: JUNE 30, 2016.
PARCEL 1:
A TRACT OF LAND SITUATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 10 SOUTH,
RANGE 85 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT (BEING SOUTH 39.51' WEST 685.83 FEET FROM THE NORTH 1/4 CORNER SECTION
14) WHICH IS ON SOUTH LINE OF LOT 19, ASPEN HIGHLANDS SUBDIVISION DITCH BOOK 2A, PAGE 256
AND ON THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK BOOK 119, PAGE 40. THENCE ALONG THE
SOUTHERN BOUNDARY OF LOT 19 THE WESTERN BOUNDARY OF LOTS 17,16 & 15 AND THE NORTHERN
BOUNDARY OF LOTS 5 AND 4, ASPEN HIGHLANDS SUBDIVISION AS FOLLOWS:
SOUTH 38'04' EAST 74.36 FEET;
SOUTH 54'09' EAST 140.00 FEET,
SOUTH 29'45' EAST 50.00 FEET;
SOUTH 09'24' WEST 200.00 FEET,
SOUTH 57'13' WEST 120.00 FEET;
NORTH 38'00' WEST 332.22 FEET TO THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK
BOOK 119 AT PAGE 40; THENCE NORTH 39'51' EAST 240.25 FEET ALONG THE EAST BOUNDARY OF FRED
ISELIN MEMORIAL PARK TO THE POINT OF BEGINNING.
PARCEL II:
A PORTION OF LOT 15, BLOCK 1, ASPEN HIGHLANDS SUBDIVISION RECORDED MARCH 8, 1960 IN PLAT
BOOK 2A AT PAGE 256 AS RECEPTION NO. 109384 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, BEING THE COMMON CORNER BETWEEN LOTS 15 AND 16 ON THE MOST WESTERLY
SIDE OF SAID LOTS, BEING THE POINT OF BEGINNING, THENCE SOUTH 57 -05'49 -EAST A DISTANCE OF
79.70 FEET, THENCE SOUTH 18'36'55"WEST A DISTANCE OF 159.77 FEET; THENCE NORTH 44'14'00" WEST
A DISTANCE OF 54.50 FEET; THENCE ON A CURVE WHOSE CHORD BEARS NORTH 60'02'12"WEST A
DISTANCE OF 82.04 FEET, WHOSE RADIUS IS 150.62 FEET; THENCE NORTH 08'56'00" WEST A DISTANCE
OF 50.34 FEET; THENCE NORTH 57'13'00" EAST A DISTANCE OF 120.0 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO
NOTES:
1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N39'37'40"E BETWEEN FOUND REBARS AND
1" RED PLASTIC CAPS LS2547 AS SHOWN HEREON.
2. DATES OF SURVEY. JULY 13-14, 2016.
3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.
4. THIS SURVEY IS BASED ON ASPEN HIGHLANDS SUBDIVISION RECORDED JUNE 9, 1958 IN PLAT BOOK
DITCH 2A AT PAGE 256, MINOR AMENDMENT TO ANDREW AND JEANNE DOREMUS 1041/GENERAL
SUBMISSION SITE PLAN PLAT BOOK 40 PAGE 71 AND CORNERS FOUND IN PLACE AS SHOWN
HEREON.
5. THIS IMPROVEMENT SURVEY PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY HIGH COUNTRY
ENGINEERING, INC. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF
RECORD, HIGH COUNTRY ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. 01330-83455
ISSUED BY STEWART TITLE GUARANTY COMPANY, EFFECTIVE DATE: JUNE 30, 2016.
6. THE SUBJECT PROPERTY LIES WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE 500 -YEAR
FLOODPLAIN ACCORDING TO FEMA FIRM MAP COMMUNITY PANEL NO. 08097CO203 C DATED: JUNE 4,
1987.
7. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)
REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S 159 HAVING AN
ELEVATION OF 7720.88.
8. CONTOUR INTERVAL EQUALS 1 FOOT.
9. THIS PROPERTY IS SUBJECT TO GRANT OF EASEMENT FOR A PERPETUAL AVIGATION EASEMENT
RECORDED JULY 8, 1993 IN BOOK 717 AT PAGE 260.
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VICINITY MAP
PROPERTY DESCRIPTION
STEWART TITLE GUARANTY COMPANY COMMITMENT NO. 01330-83455 EFFECTIVE DATE: JUNE 30, 2016.
PARCEL 1:
A TRACT OF LAND SITUATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 10 SOUTH,
RANGE 85 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT (BEING SOUTH 39.51' WEST 685.83 FEET FROM THE NORTH 1/4 CORNER SECTION
14) WHICH IS ON SOUTH LINE OF LOT 19, ASPEN HIGHLANDS SUBDIVISION DITCH BOOK 2A, PAGE 256
AND ON THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK BOOK 119, PAGE 40. THENCE ALONG THE
SOUTHERN BOUNDARY OF LOT 19 THE WESTERN BOUNDARY OF LOTS 17,16 & 15 AND THE NORTHERN
BOUNDARY OF LOTS 5 AND 4, ASPEN HIGHLANDS SUBDIVISION AS FOLLOWS:
SOUTH 38'04' EAST 74.36 FEET;
SOUTH 54'09' EAST 140.00 FEET,
SOUTH 29'45' EAST 50.00 FEET;
SOUTH 09'24' WEST 200.00 FEET,
SOUTH 57'13' WEST 120.00 FEET;
NORTH 38'00' WEST 332.22 FEET TO THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK
BOOK 119 AT PAGE 40; THENCE NORTH 39'51' EAST 240.25 FEET ALONG THE EAST BOUNDARY OF FRED
ISELIN MEMORIAL PARK TO THE POINT OF BEGINNING.
PARCEL II:
A PORTION OF LOT 15, BLOCK 1, ASPEN HIGHLANDS SUBDIVISION RECORDED MARCH 8, 1960 IN PLAT
BOOK 2A AT PAGE 256 AS RECEPTION NO. 109384 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, BEING THE COMMON CORNER BETWEEN LOTS 15 AND 16 ON THE MOST WESTERLY
SIDE OF SAID LOTS, BEING THE POINT OF BEGINNING, THENCE SOUTH 57 -05'49 -EAST A DISTANCE OF
79.70 FEET, THENCE SOUTH 18'36'55"WEST A DISTANCE OF 159.77 FEET; THENCE NORTH 44'14'00" WEST
A DISTANCE OF 54.50 FEET; THENCE ON A CURVE WHOSE CHORD BEARS NORTH 60'02'12"WEST A
DISTANCE OF 82.04 FEET, WHOSE RADIUS IS 150.62 FEET; THENCE NORTH 08'56'00" WEST A DISTANCE
OF 50.34 FEET; THENCE NORTH 57'13'00" EAST A DISTANCE OF 120.0 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO
NOTES:
1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N39'37'40"E BETWEEN FOUND REBARS AND
1" RED PLASTIC CAPS LS2547 AS SHOWN HEREON.
2. DATES OF SURVEY. JULY 13-14, 2016.
3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.
4. THIS SURVEY IS BASED ON ASPEN HIGHLANDS SUBDIVISION RECORDED JUNE 9, 1958 IN PLAT BOOK
DITCH 2A AT PAGE 256, MINOR AMENDMENT TO ANDREW AND JEANNE DOREMUS 1041/GENERAL
SUBMISSION SITE PLAN PLAT BOOK 40 PAGE 71 AND CORNERS FOUND IN PLACE AS SHOWN
HEREON.
5. THIS IMPROVEMENT SURVEY PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY HIGH COUNTRY
ENGINEERING, INC. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF
RECORD, HIGH COUNTRY ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. 01330-83455
ISSUED BY STEWART TITLE GUARANTY COMPANY, EFFECTIVE DATE: JUNE 30, 2016.
6. THE SUBJECT PROPERTY LIES WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE 500 -YEAR
FLOODPLAIN ACCORDING TO FEMA FIRM MAP COMMUNITY PANEL NO. 08097CO203 C DATED: JUNE 4,
1987.
7. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)
REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S 159 HAVING AN
ELEVATION OF 7720.88.
8. CONTOUR INTERVAL EQUALS 1 FOOT.
9. THIS PROPERTY IS SUBJECT TO GRANT OF EASEMENT FOR A PERPETUAL AVIGATION EASEMENT
RECORDED JULY 8, 1993 IN BOOK 717 AT PAGE 260.
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ATTACHMENT D
January 11, 2017
Pitkin County Planning and Zoning Commission
130 South Galena Street
Aspen., C,ilorado 81611
Dear Pitkin County Planning & Zoning Commissioners:
I live in the Aspen Highlands Subdivision and am a neighbor of Andrew and Jeanne Doremus
who have lived in our neighborhood for 25 years. Our new home is directly adjacent to the
Doremus property our house is located on lot #16 of the Aspen Highlands subdivision directly to
the East of the Doremus parcel.
We want to say that the location of the Doremus RV shed does not create any issues for us
regarding size and location. There is a picture just recently taken from our living room view
showing that the RV shed is barely visible.
Regards,
Julie and Steve Schlafer
0115 Glen Eagles Drive
Aspen, CO 81611
RE: 2017 URBAN GROWTH BOUNDARY RESIDENTIAL GMQS COMPETITION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 4, 2017 at a
meeting to begin at 5:00 PM before the Pitkin County Planning and Zoning Commission, in Pitkin
County Library Dunaway Community Meeting Room, 120 North Mill Street, Aspen, Colorado to
score the following applications for growth management allotments for additional floor area in
the Urban Growth Boundary:
Doremus (P002-17) (85 Glen Gary Drive, Aspen, CO 81611): Requesting to compete
for 800 square feet of additional floor area to accommodate an unpermitted carport on the
subject property. The property is currently developed with a single family residence.
The property is located at 85 Glen Garry Drive and is legally described as Lot 15, Block
1 of the Aspen Highlands Subdivision, plus a tract of land situated in the NE 1/4 of the
NW 1/4 of Section 14, Township 10 South, Range 85 West of the 6th P.M. The State
Parcel Identification Number for this property is 2735-142-01-007. For further
information contact Tami Kochen, at the Pitkin County Community Development
Department (970) 920-5359.
Carson (P003-17) (5813 Glen Park Rd Louisville, KY 40222): Requesting to compete
for approximately 5,200 square feet of additional floor for the purpose of developing a
duplex on the subject property. The property is located at 40 Glen Eagles Drive and is
legally described as Lot 20, Filing 1, Aspen Highlands Subdivision. The State Parcel
Identification Number for this property is 2735-142-01-001. For further information
contact Mike Kraemer, at the Pitkin County Community Development Department (970)
920-5482.
s/ Jeffrey J. Conklin, Chair
Pitkin County Planning and Zoning Commission
Published in the Aspen Times Weekly on March 2, 2017.
Pitkin County Account 002.02.
Public—Private — x
is Private x