HomeMy WebLinkAboutpitkin.planning.264321307002 (2017)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2643-21-3-07-002 Application Date: 7/4/17 Case No: P051-1
Description: Lowe Special Review and GMQS Exemption for Caretaker Dwelling Unit Planner:
(CDU) # Copies: 1
Allocated Hours: 3
Project Address: 400 MEDICINE BOW RD, ASPEN, C081611 % Over Hours: 3.6
Property Owner: LOWE Address: 222 CRESTWOOD DR Owner Phone:
HOUSTON, TX 77007
Owner's REP: LASSER JASON M Address: PO BOX 8941 REP's Phone: (970) 948-8039
ASPEN, CO 81612
REP's Email: jason@krai.us
Referrals: EH & NR REFERRAL Other Referrals: Brush Creek Metro District none
FIRE DEPT -ASPEN Brush Creek Village HOA none
ALL OTHER REFERRALS Housing 09/05/2017
Comments Due Date: 09/25/2017
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? yes
Notice Date: 08/24/2017
Meeting Notes:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 060-2017 #642822
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: no vesting
Application Type: GMQS Exemption
caretaker Dwelling Unit (CDU)
DECISIONS
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE WALTER AND DAWN LOWE SPECIAL
REVIEW AND GMQS EXEMPTION FOR A CARETAKER DWELLING UNIT
Administrative Decision No4Q&2017
RECITALS
1. Walter and Dawn Lowe ("Applicant") have applied to the Pitkin County Community Development
Director ("Director") for special review approval and GMQS exemption to legalize an existing
Caretaker Dwelling Unit ("CDU") attached to the single-family residence, pursuant to Secs. 2 -30-
30(h)(2),4 -30-50(e) and 6-30-40(c) of the Land Use Code ("Code").
2. The lot is located at 400 Medicine Bow Road, and is described as Lot 2, Block 3, Filing 1, Brush Creek
Village Subdivision.
3. The lot contains 4.008 acres and is non -conforming in size in the AR -10 zone district. Due to the non-
conforming lot size, Special Review approval is required for an attached CDU.
4. The Planning and Zoning Commission granted scenic overlay approval for the construction of a single-
family residence pursuant to Resolution No. 93-24. A Certificate of Occupancy was issued in 1994.
5. The application was referred to the Aspen Fire Protection District, Brush Creek Metropolitan District,
Brush Creek Village HOA, Environmental Health, and Aspen Pitkin County Housing Authority.
6. The Housing Office recommends approval of the caretaker dwelling unit subject to compliance with
See. 4-30-50(f) of the Code.
7. The Applicant provided notice of the application to the adjacent property owners. No objections or
comments were received.
8. The Director finds that the CDU complies with the special review and GMQS exemption provisions of
the Code.
9. The Director further finds that legalizing the existing space into a caretaker dwelling unit is exempt
from Site Plan Review and Scenic View Protection Review pursuant to Secs. 7-10-30 and 7-20-120(c),
given that there will be no change to the footprint or mass of the existing structure.
THE DIRECTOR DOES HEREBY APPROVE the Walter and Dawn Lowe Caretaker Dwelling
Unit, subject to the following conditions, which shall run with the land and be binding on all successors in
interest:
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIII1111111111111
RECEPTION#: 642882, R: $0.00, D: $0.00
DOC CODE: ADMIN DECISION
Pg 1 of 2, 11/0612017 at 03:25:45 PM
Janice K. Vos Caudill, Pitkin County, CO
Administrative Decision No.a2017
Page 2
1. Within 90 days of this approval, the Applicant shall obtain and the Housing Office shall record a
caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing
Office with the deed restriction.
2. Prior to recordation of the deed restriction, the Applicant shall submit a letter of intent to serve the CDU
with water from the Brush Creek Metro District, and shall demonstrate that the existing on-site
wastewater system is adequate to serve the CDU, or obtain the necessary on-site wastewater treatment
system permit to expand the existing system.
3. 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.
4. The Housing Office may inspect the unit for compliance.
5. The floor area of the caretaker dwelling unit shall be included in the total allowed floor area for the lot.
6. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval, unless amended by other conditions.
PUBLIC NOTICE PUBLISHED IN THE ASPEN TEVIES WEEKLY on the 24' day of August, 2017.
APPROVED by the Director, this day of OC�V -14* 2017.
4gWDC#_
Cin ouben, Community a elopment Director
P051-17
PIDN264321307002
APPLICATION
MATERIAL
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Tami Kochen
DATE: 10/5/2016
PHONE: (970) 920-5359
E-MAIL:
tami.kochen(o)pitkincountv.com
LOCATION: 400 Medicine Bow Road
PID# 264321307002
Brush Creek Village: Block 3 Lc 2
LOT SIZE: 4.008 acres
ZONE: AR -10
ciumq_r • u_orw2 + [ c�Jn m LCX
APPLICANT: Jason Lasser
PHONE: 948-8039
EMAIL: jason@krai.us
Type of Application: Special Review and GMQS Exemption for Caretaker Dwelling Unit (CDU)
Description of Project/Development: The Applicant is requesting approval to legalize an
attached CDU.
*Note: proof of a legal water supply for the CDU will be needed at building permit submission. The
septic field will need to have capacity for the additional bedrooms in the CDU.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-30-30(h): Special Review for a CDU
Sec. 4-30-50(e)(1)(2): Caretaker Dwelling Unit
Sec. 6-30-40(c): GMQS Exemption for CDU
Review by: Community Development Director.
Public Hearing: No. However, the Applicant shall post a public notice sign on the property at
least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-
100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days
prior (by first class mail) to all property owners and mineral estate owners within a 300 foot
radius of all property lines with the return address of the Community Development Department
(form of notice to be obtained from the Community Development Department). The names and
addresses shall be those on the current tax records of Pitkin County, as they appear no more
than 60 days prior to the date of the public hearing. A property owner receiving the public notice
shall have 2 weeks from the date the notice is postmarked to submit comments or objections to
the Community Development Department.
Staff will refer to: Aspen Fire District, Brush Creek Metro District, Brush Creek Village HOA,
Environmental Health, Housing
FEES: $1,208 (make check payable to "Pitkin County Treasurer")
• $975 Planning Office flat fee (non-refundable, based on 3 hours of staff time. If
staff review time exceeds 3.6 hours, the Applicant will be charged for additional
time above 3 hours at a rate of $312/hour)
• $179 Housing
• $54 Public Notice Fee
l o_c L-3
To apply, submit 1 copy (unbound) of the following information, unless noted otherwise:
1. Summary letter explaining the requests, summarizing prior approvals and addressing
compliance with the Code sections listed above.
24" by 36" and I V by 17" Site plan showing location of CDU, and CDU plan and standards
report as designated in Sections 2.1.13 of the Pitkin County Land Use Application Manual;
3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title
insurance company or attorney licensed to practice law in the State of Colorado, listing the
names of all owners of the property and all mortgagees, judgments, liens, easements,
contracts and agreements affecting use and development of the parcel and proof of the
owner's right to use the land for the purposes identified in the development application.
4. Parcel description, including legal description and vicinity map
5. Total fee for review of the application
Executed Pitkin County Community Development Agreement for Payment of Land Use
Application Fees (form attached);
7. Consent from owner(s) to process application and authorizing the representative (if applicable)
8� List of all property and mineral estate owners within a 300 foot radius of all parcel lines,
Copy of this pre -application form
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE
APPLICATION. THE PARCEL ID # SHOULD BE INCLUDED ON ALL DOCUMENTS
INCLUDED IN YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre -application conference summary is advisory in nature and not binding on the
County. The information provided in this summary is based on current zoning standards
and staff's interpretations based upon representations of the applicant. Additional
information may be required upon a complete review of the application.
➢ The Land Use Code is available on-line athttp://Pitkincounty.com/468/County-Code.
➢ The Land Use Application manual is available on-line at http.//Pitkiticounty.com/l96/Land-Use
➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are
described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of
the affidavit confirming notice must be received from Applicant prior to approval.
2-30-30: ONE-STEP REVIEW PROCEDURE
(h) Criteria for Approval
(1) General
An application for One -Step Review shall be approved if it complies with (a) all applicable
provisions of this Land Use Code; (b) all applicable land Use Policies listed in Sec. 1-60, and (c)
all prior development approvals applicable to the subject property.
(1) Special Review Uses or Activities
The BOCC, the Hearing Officer and/or the Community Development Director shall only approve
the proposed special review use or activity if it finds that all of the following criteria are met:
(a) The special review use shall be consistent with the applicable County Master Plan
Response: Yes, it is consistent with the County Master Plan in the effort to create
additional affordable housing units.
(b) The special review use shall not conflict with any applicable sections of the Pitkin
County Land Use Code, including the County Land Use Policies in Chapter 1.
Response: The effort to develop citizen housing is consistent with County policy.
(c) The proposed development must not materially endanger the public health, safety or
welfare.
Response: The proposed CDU will not endanger public health, safety or welfare.
(d) The proposed development must not substantially injure the value of adjoining or
abutting property.
Response: Yes, it is attached to a single-family home.
(e) The special review use shall be consistent with the intent of the zone district in which
it is proposed to be located.
Response: A CDU is permitted in the AR -10 zone district.
(f) The special review use shall be compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or shall
enhance the mixture of complimentary uses and activities in the immediate vicinity of the
parcel proposed for development.
Response: The CDU is within an existing single family home and is a complimentary use
for the property.
(g) The location, size, design and operating characteristics of the proposed special review
use must be in harmony with the surrounding area and minimize adverse effects,
including visual impacts, impacts on pedestrian and vehicular circulation, traffic
generation, parking, trash, service delivery, air/water pollution or other impacts on
natural resources, noise, vibrations and odor on surrounding properties.
Response: The proposed CDU will not be rented and will be used for family to visit.
Minimal impacts are anticipated due to the limited number of the visits.
(h) There must be adequate public facilities and services to serve the special review use,
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems,
and schools.
Response: The spaces have been in existence as part of a single-family home, and no
additional loads will be added to the public facilities and services.
(i) The proposed special review use must comply with any additional standards or
requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20.
Response: Additional requirements have been addressed and are attached
0) If a Special Review Use ceases or its permitted time period ends, all uses and
structures must immediately be brought into conformance with the underlying zone
district regulations. If cessation of operation is due to demolition or destruction through
any manner not willfully accomplished by the owner, uses/structures may be restored as
of right pursuant to Sec. 9-30-70 of the Land Use Code.
Response: The structure will be restored if any demolition or destruction occurs.
4-30-50: ACCESSORY AND TEMPORARY USES
(f) Caretaker Dwelling Unit
These standards are for the purposes of providing a voluntary caretaker dwelling unit on a legally created
lot or parcel in the County. Caretaker dwelling units created pursuant to these provisions, shall not be used
for mitigation of employee housing requirements as established elsewhere in this Land Use Code.
(1) CDU as Permitted Accessory Use
In the RS -160, RS -35, RS -30, RS -20, AR -10, AR -2, R-30, R-15, R -15A, and R-6 zone districts,
one (1) caretaker dwelling unit shall be a permitted accessory use provided that:
(a) It is attached to a single family home ("principal dwelling");
Response: Yes, it is attached to a single-family home.
(b) The lot or parcel on which it is located conforms to the minimum lot are requirements
for each dwelling in the zone district in which the caretaker dwelling unit is located, as
shown in Table 5-1;
Response: The property is 4.008 Acres and it is located in the AR -10 zone district.
(c) The caretaker dwelling unit shall not exceed one thousand (I DW) net livable square
feet on lots or parcels that are thirty thousand (30,000) square feet or greater in lot area,
and seven hundred (700) net livable square feet on lots or parcels that are less than thirty
thousand (30,000) square feet in lot area;
Response: The proposed CDU is 631 square feet. The property lot area is 174588.48
square feet
(d) The floor area of the caretaker unit shall be included in the total allowed floor area for
the lot or parcel of land (e.g., if the CDU is seven hundred (700) square feet, the
maximum total area of the primary residence and other included accessory structures
shall be seven hundred (700) square feet less than what would apply without the CDU);
Al
Response: The existing residence includes the area that will be the CDU. There will not
be an increase in floor area.
(e) Two (2) off-street parking spaces shall be provided for each caretaker dwelling unit.
Response: Two off-street parking spaces are provided
(f) The applicant shall by deed restriction or other permanent commitment running with
the land guarantee that the caretaker dwelling unit:
Response: The CDU will not be rented by the owners.
(1) Shall not be required to be rented;
Response: The CDU will not be required to be rented
(2) Shall not be sold or otherwise conveyed or separated from the original parcel
regardless of the ultimate form of ownership of the caretaker unit;
Response: The CDU will not be sold, conveyed or separated from the original
parcel.
(3) Shall be limited to occupancy by (i) not more than two (2) adults, and related
children, who qualify as (and have been found by the Housing Office to be)
employees of the community under such guidelines as may from time to time be
established, or (ii) members of the owner's immediate family, even though they
may not qualify as employees of the community.
Response: The CDU will be occupied by either employees verified by the
Housing Office or by immediate members of the owners family.
(4) Shall be rented for terms not less than six (6) months if rented
Response: ff rented, the term shall be for not less than 6 months.
(g) The Caretaker Dwelling Unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no
longer be capable of occupancy as a dwelling unit and must meet otherwise applicable
requirements of this Land Use Code.
Response: The CDU will not be modified by the owner to no longer be capable of
occupancy.
(h) The provisions of this regulation are for the purpose of providing a voluntary
Caretaker Dwelling Unit on a legally created lot or parcel in the County. Any unit
approved under this provision of this Land Use Code shall not be used for mitigation of
employee housing requirements as established elsewhere in this Land Use Code.
Response: The CDU will not be used jar mitigation of employee housing requirements
6-30-40: EXEMPTION FOR DEED RESTRICTED DWELLING UNITS
(c) Caretaker Dwelling Units ("CDUs")
.5—
One (1) Caretaker Dwelling Unit ("CDU") may be exempted from Growth Management
on any lot or parcel located in a zone district in which a CDU is an allowed use, a use
allowed by special review, or a use allowed as part of a master plan, as shown in Table 4-
1. The CDU may be allowed even if the lot or parcel is substandard in size and the
resulting development on the lot or parcel would not conform to the underlying zone
district's minimum parcel size for each dwelling unit, subject to the standards in Sec. 4-
30-50(e). The CDU may be either attached to a single family dwelling unit ("principal
dwelling") or other use or may be detached from the principal dwelling or other allowed
use if it complies with the standards in Sec. 4-30-50(e).
Response: The CDU is attached to the single family dwelling unit and is within the
minimum parcel size.
Pitkin County Mailing List of 300 Feet Radius
From Parcel: 264321307002 on 04/25/2017
�tTKIN
COUNT*;
Instructions:
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet Print actual size.
Disclaimer:
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
http://www.pitkinmaosandmore.com
BRUSH CREEK METROPOLITAN DISTRICT
PO BOX 6355
SNOWMASS VILLAGE, CO 81615
PATTON NANCY J
351 BRUSH CREEK RD
ASPEN, CO 81611
MANN ROBERT & JUDITH
57 STIMSON AVE
PROVIDENCE, RI 02906
POSCHMAN GREGORY& MAUREEN
290 SOLAR WAY
ASPEN, CO 81611-1780
HALVERSON DAVID & ANA MARIN
PO BOX J3
ASPEN, CO 81612
GONSKY RONALD & CAROL
2642 N LAKEWOOD
CHICAGO, IL 60614
Irl
GREGORY PETER HUGHES LANCE
42 HILLCREST AVE 351 BRUSH CREEK RD
MONA VALE NSW 2103 AUSTRALIA, ASPEN, CO 81611
MUNRO ALEXANDER FINLAY II REV TRUST
MUNRO MARY LYNN REV TRUST
549 MEDICINE BOW RD
549 MEDICINE BOW RD
ASPEN, CO 81611
ASPEN, CO 81611
GARY EMILY CAMERON TIMOTHY W
4545 LORRAINE 225 SOLAR WY
DALLAS, TX 75205 ASPEN, CO 81611
425 JEWEL LLC MUNDINGER STEVEN W
PO BOX 8232 475 BRUSH CREEK RD
ASPEN, CO 81612 ASPEN, CO 81611
KUEN ELFRIEDE KELLY DEBORAH E
115 MEDICINE BOW RD 547 MADISON ST
ASPEN, CO 81611 DENVER, CO 80206
TENER SEZANNE KRAJICEK RICHARD W & LISA
250 MEDICINE BOW RD 244 MEDICINE BOW
ASPEN, CO 81611 ASPEN, CO 81611
p Parcel Multiple Search Results z
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www.pltldnessessormWassessor/ParceiMultipleResults.asp {r ® Q
?� Apps Z NOM ® Aspen Pitkin q Pitkin County, CO I— ® BuildinpSubmittslGu... ® County Code I City._ ff] Interactive Maps -... ® Construction Manaq... .> Ej Other Bookmarks
V
From: Lowe, Walter Walter. R. LoweCuth.tmc.edu
Subject: authorization to represent
Date: June 30, 2017 at 3:17 PM
To: jason ,�'kmi u,
To Whom it May Concern,
This is a letter from the owner os 400 Medicine Bow, Aspen, Colorado 81611 to authorize Kim
Raymond and Tom Lester as my representatives to process this application. Thank you!
Walter R. Lowe, M.D.
Edward T Smith Professor and Chairman
Department of Orthopedic Surgery
University of Texas Medical School
Houston, Texas
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and Vv ALV (_0
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
APPLICANT has submitted to COUNTY an application for SYI:C�I AL FSU I %� W IL-
c-90
Lc-90 U I-Irt R Yt ro VAt: (hereinafter, the "PROJECT").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2016 establishes a fee
structure for land use applications and the payment of all processing fees is a condition precedent to a determination of
application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the
cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the
expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it
may not be possible at the time of application to ascertain the full extent of the costs involved in processing the
application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to
enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full
fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $
which is based on_ hours of staff time, and if actual time spent by staff to process the application exceeds the average
number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent.
Such periodic payments shall be made within 30 days of the billing date.APS ICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing., 7
PITKIN COUNTY (�
(" PLICANT")
Cindy Houben
Community Development Director
Effective 9/6/16
l�
By: 14S;)N tA-551C1i
I1,1�-Pvrc3r►-l01,1\`"
Print Name and Title (if applicable)
Date: 1.1 ' 1 1
Mailing Address: AOO W A'
A SYGN) /moo S)bl
DF $230.00 Janice K. Vos Caudill, Pitkin County, CO
Warranty Deed
(Pus1arrc m 36.30-113 C.R.S.)
State Doarmenmry Fee
Date: August 2S, 2014
$730.00
THIS DEED, made on August 25, 2014 by SKYLER S. DEBOER REVOCABLE TRUST Granmr(s), of the County of P1TKIN
and State of COLORADO for the consideratLm of ($2,300,000.00) "0 Two Wiliou Three Hundred Thousand and 001100 0"
dollars in hand paid, herby ells and conveys to WALTER R. LOWE AND DAWN IN. LO WE Craolee(s),Joint Tenaas whose
street address is o� y t 1 i, v 1fz. b6>bk4jw =--7� , Countyof Jot t �
State and of ML . dee following real property fn the County of Pickin, and Stas of Colorado, to wit:-
M ATTA® "MMITA"
also (mown by street and m>mber as: 400 MEDICINE NOW ROAD, ASPEN CO 51611
vrith all its appur enaoces and w -da -m s the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR
2014 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EEDIBIT "B" ATTACHED
HFRRTO AND INCORPORATED HERF.TN.
a• foN`a• •1: •1'A Vlo •e
rsar yT.
State of COLORADO
) ss.
[JANICE L. JOHNSONNARY PUBLICTATE OF COLORADONOTARY ID 19®64006616OmmImm EcPbsa Apel 19. 2016
County of PIIKIN )
The foregoing tastnmtem was acknowledged before me on this day of August /S2014
by SKYLER S. DEDOE TRUSTEE OF THE SKYLRR S. DEBOER REVOCABLE TRUST
n�
expires;
to:
TO
Form 13092 092009 wd.ope_n.odt Warranty Deed Open (Joint Tenatrt) W006136 (79778148)
/ J
Janice K. Vos Caudill, Pitkin County, CO
1:6:q:n:3r WO
LOT 2, BLOCK 3, BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1. AS SHOWN ON THE PLAT RECORDED
JANUARY I% L%6 IN BOOK 3 AT PAGE 62,
TOGETHER WITH THE NORTHERLY 1/2 OF VACATED LANEY LANE WHICH ABUTTED SAID LOT 2 BLOCK 3, BRUSH
CREEK VILLAGE SUBDIVISION, FILING NO. I, AS VACATED IN THE INSTRUMENT RECORDED APRIL 2,1976 IN BOOK
310 AT PAGE 273,
TOGETHER WITH ALL OF LANEY LANE WHICH ABUTS LOTS 2 AND 9, BLOCK 3 AS SHOWN IN INSTRUMENT
RECORDED APRIL 8, L992 IN BOOK 673 AT PAGE 866 AS RECEPTION NO. 343321.
COUNTY OF PITKIN, STATE OF COLORADO.
Pa®13882 0S2808 vd.apea.ode Wartmry Deed Opm (Joie TkmW) Q62ON136 (19778148j
1"'d
Janice K. Vos Caudill, Pitkin County, CO
Property Address: 400 MEDICINE BOW ROAD, ASPEN CO 81611
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS
RESERVED IN UNTIED STATES PATENT RECORDED APRIL 17, 1937, IN BOOK 162 AT PAGE 549.
ALL THE COAL AND OTHER MINERALS IN THE LANDS 50 ENTERED AND PATENT®, TOGETHER WITH
THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND
LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STAT. 862) AS RESERVED TO THE UNITED STATES IN
PATENT RECORDED APRIL 17,1937 IN BOOK 162 AT PAGE 549.
AN UNDIVIDED ONE-HALF OF ALL MINRRAI S IN SUBJECT PROPERTY AS RESERVED BY ROBERT M.
BURLINGAME IN DEED RECORDED AUGUST 26,19S9 IN BOOK 188 AT PAGE, 390, ANY AND ALT.
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
RESTRICTIVE COVENANTS, WHICH DO NOT CONTAINA FORFEITURE OR REVERTER CLAUSE, AS
CONTAINED IN INSTRUMENT RECORDED JANUARY 19, 1966, IN BOOK 216 AT PAGE 206 AND AS AMENDED
IN INSTRUMENT RECORDED OCTOBER 26, 1972, IN BOOK 267 AT PAGE 975 AND AS AMENDED IN
INSTRUMENT RECORDED FEBRUARY 22, 1979, IN BOOK 363 AT PAGE 717.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN THE BY-LAWS OF BRUSH CREEK
LANDOWNERS ASSOCIATION, INC., RECORDED NOVEMBER 17,1975 IN BOOK 305 AT PAGE 483, AND THE
ARTICLES OF INCORPORATION RECORDED NOVEMBER 17, 1975 IN BOOK 305 AT PAGE 492
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN CONTRACT FOR WATER
SERVICE RECORDED AUGUST 8, 1957 IN BOOK 228 AT PAGE 269.
EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLATS OF SUBJECT
PROPERTY RECORDED JANUARY 19, 1966 IN PLAT BOOK 3 AT PAGE. 62 AND RECORDED SEPTEMBER 27,
1977 IN PLAT BOOK 6 AT PAGE 31.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO.7S-89
RECORDED APRIL 2,1976IN BOOK 310 AT PAGE 273.
ALL MATTERS REGARDING THE BRUSH CREEK WATER DISTRICT AS SET FORTH IN INSTRUMENT
RECORDED SEPTEMBER 19, 1989 IN BOOK 602 AT PAGE 204, RECORDED MARCH 26,1990IN BOOK 616 AT
PAGE 898, RECORDED APRIL 18, 1990 IN BOOK 618 AT PAGE 566, RECORDED JUNE 22, 1990 IN BOOK 623 AT
PAGE 589, AND RECORDED JULY 15, 1991 IN BOOK 651 AT PAGE W.
RIGHT-OF-WAY EASEMENTAS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT
RECORDED JULY 14,1978 IN BOOK 351 AT PAGE 402.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN CONTRACT FOR ELECTRIC
SERVICE WITH HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED DECEMBER 4, 1992 IN BOOK 696
AT PAGE 494.
TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF RESOLUTION OF THE BOARD
OF COUNT COMMISSIONSERS OF PI'IION COUNTY, COLORADO, ESTABLISHING; T'HE BRUSH CREEK
CAUCUS, RESOLUTION NO. 79-72, AS SET FORTH IN INSTRUMENT RECORDED FEBRUARY 22, 1979 IN BOOK
363 ATR PAGE 747.
Form 13100 0612008 b2,,M it.ms .odt Q62006136 1197701471
Janice K. Vos Caudill, Pitkin County, CO
TERMS, AGREEMENT'S, PROVISIONS, CONDITIONS AND OBLIGATIONS OF RESOLUTION OF THE BOARn
OF COUNTY COMMISSIONERS OF PIT'ION COUNTY, COLORADO, CREATING AND ORGANIZING THE
PTTKTN COUNTY BRUSH CREEK VILLAGE GENERAL IMPROVEMENT DISTRICT, PURSUANT TO C.R.S. 1973,
SEC`I'RION 30-2650 ET SEQQ. RESOLUTION NO. 91-100 AS SET FORTH IN INSTRUMENT RECORDED
NOVEMBER 30, 1991 IN BOOK 417 AT PAGE 964.
TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY EASEMENT RECORDED JANUARY 14, 1975 IN
BOOK 295 AF PAGE S47.
EASEMENTS, CONDITIONS, COVENANTS, RES'IRIC-nONS, RESERVATIONS AND NOTES ON THE PLAT
RECORDED SEPTEMBER 24, 1976 IN BOOK 5 AT PAGE 29.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
RECORDED SEPTEMBER 27, 1977 IN BOOK G. AT PAGE 31.
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Tami Kochen <tami.kochen@pitkincounty.com>
400 Medicine Bow
1 message
waiter lowe <wlowe1@me.com> Sat, Sep 30, 2017 at 11:37 AM
To: Tami.Kochen@pitkincounty.com
Cc: Tom Lester <toml@lesterdevelopment.com>, Dawn Lowe <dmeider@peoplepc.com>
Tami,
I am writing to inform you that Tom Lester is our owner representative for 400 Medicine Bow. Thank you . Please email
me any issues or concerns and Tom.
My email Walter.R.Lowe@ uth.tmc.edu.
Regards,
Walt
MISCELLANEOUS
DOCUMENTS
County of Pitkin ) AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I,_ UM RAYMOND being or representing an
Applicant to the Pitkin County Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations
in the following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public comment deadline to all owners of property within 300' of the
subject property, as indicated on the attached list, on _August 24_12017(which is 30 days prior to
the deadline of _September 24_, 2017). The names and addresses of the adjacent property owners
shall be those on the current tax records of Pitkin County as they appeared no more than 60 days
prior to the public comment.
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the _8"' of September , 2017, which is at least fifteen (15) days prior to the public
comment deadline. A photograph of the posted sign is attached hereto.
w t,�TER+p AIJN i_ovJ rc
kffM
Applicant's name
(Attach photograph here)
:Jm
Signed before me this _24th_day of August.
2017 by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: —`16J+
Notary Public I
Ja nET ��e�t2SG-f
r
No Pub ' ' SigG
�� vtZ-f- rS-
for Activity Envelope/Site Plan/Caretaker Dwelling Unit
MVLNQBMY
11101mv PLOW
STSIT Of COLOPAW
NOTARY 00640111174
W CMN4M MMT X*
PUBLIC NOTICE
RE: Lowe Special Review and GMQS Exemption for Caretaker Dwelling Unit (CDU)
(Case P051-17)
NOTICE IS HEREBY GIVEN that an application has been submitted by Walter and
Dawn M Lowe (400 Medicine Bow Road, Aspen, CO 81611) requesting approval to
legalize an attached Caretaker Dwelling Unit. The property is located at 400 Medicine
Bow Road and is legally described as Lot 2, Block 3, Filing 1, Brush Creek Village
Subdivision. The State Parcel Identification Number for the property is 2643-213-07-
002. The application is available for public inspection in the Pitkin County Community
Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or
objections are due by September 25, 2017. For further information, contact Tami Kochen
at (970) 920-5359.
Published in the Aspen Times Weekly on August 24, 2017.
Attention All Property Owners within 300' of the subiect property
A property owner receiving this public notice who wishes to submit comments or an
objection shall submit those to the Pitkin County Community Development, 130 South
Galena Street, Aspen, Colorado 81611, by September 25, 2017. If any objections to the
development application are received the Community Development Department shall
continue the application to a public hearing before the Hearing Officer.
htlp://pitkincounly.com/DocumentCcnter/View/14092
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
August 14, 2017
Jason Lasser
PO Box 8941
Aspen, CO 81612
jason@krai.us
Re: Lowe Special Review and GMQS Exemption for Caretaker Dwelling Unit
(PID #2643-213-07-002; Case # P051-17)
Dear Mr. Lasser:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
1. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within
300' of the subject property with the return address of the Community Development Department
(copy of notice will be emailed to you by the Community Development Department) by August 24,
2017. The names and addresses shall be those on the current tax records of Pitkin County as they
appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by
Mailing and a photograph of the posted sign as proof of compliance with the Code. A property
owner receiving the public notice who wishes to submit comments or objections to the Community
Development Department may do so by the 25th day of September, 2017. If any objections to the
development application are received by this date, the Community Development Department shall
continue the application to a public hearing before the Board of County Commissioners.
2 . Please note that it is you responsibility to post a sign in a conspicuous place on the subject property
(as it could be seen from the nearest public way) on the 81h day of September, 2017, which is at least
fifteen (15) days prior to September 24, 2017. This must be submitted prior to any approvals being
granted.
If you have questions, please call Tami Kochen, the planner assigned to your case, at 920-5359.
Sincerely,
Bonnie Shiles
Administrative Assistant
Encl: Affidavit Code Section 2-20-100
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Aspen Fire Protection Department
Environmental Health
Brush Creek Metro District
Brush Creek Village Homeowners Association
Pitkin County Housing
FROM: Tami Kochen, Community Development Department
Tami.kochengpitkincoun ..com
Re: Lowe Special Review and GMQS Exemption for a Caretaker
Dwelling Unit
(PID 2643-213-07-002; Case P051-17)
DATE: August 14, 2017
Attached for your review and comments are materials for an application submitted by
Walter and Dawn M Lowe. The Pitkin County Community Development Director will
review the application.
Please return your comments to me by Monday, September 25, 2017.
http://pitkincouniy.com/DocumentCenterNiew/14092
If you require a paper copy of this application contact Bonnie Shiles at
bonnie.shiles@pitkincounty.com or 920-5109.
Thank you.
MEMORANDUM
To: Tami Kochen
From: Kurt Dahl, Environmental Health Department
Date: September 15, 2017
Re: Lowe Special Review and GMQS Exemption for a Caretaker Dwelling
Unit (PID 2643-213-07-002; Case P051-17)
SUMMARY OF RELEVANT PARTS OF APPLICATION: The applicant is requesting activity
special review to add a CDU.
DISCUSSION: The Pitkin County Environmental Health Department has reviewed the details of
the Lowe special review application under the authority of the Pitkin County Land Use Code and
the Pitkin County Onsite Wastewater Treatment System (OWTS) Regulation and has the
following comments.
--- WATER SUPPLY: Environmental Health does not have proof of adequate water on file. The
applicant will be required to submit evidence of proof of adequate water when they submit an
OWTS construction application.
--- SEWAGE TREATMENT AND COLLECTION: OWTS permit # 93043 indicates a 3 -
bedroom septic system was installed in 1994. Based on the information from the Assessor's
website the existing residence has 5 bedrooms and the addition of a CDU would create a
minimum of 6 bedrooms or more. It appears that the OWTS will either be replaced or modified
to meet the sizing requirements for the total number of bedrooms including the proposed CDU.
A permit to modify or construct a new OWTS from this office will be required.
Pn^�� o^ AMW M4 ('epor
r
Aspen Min Gourny Housing Autho ft
A•P•C• H
Strengthening Community Through Workforce Housing
MEMORANDUM
TO: Tami Kochen, Community Development Department
FROM: Cindy Christensen, APCHA
DATE: September 5, 2017
RE: Lowe Review for a Caretaker Dwelling Unit
Parcel ID No. 2643-213-07-002, Case No. P051-17
REQUEST: The applicant is seeking approval for redevelopment of an existing garage to include a
caretaker dwelling unit (CDU).
APPLICANT:
APPLICANT'S REPRESENTATIVE:
LOCATION:
ZONING:
LOT SIZE:
SUMMARY:
Walter and Dawn Lowe
Jason Lasser
400 Medicine Bow Road
AF -10
4.008 acres
Caretaker Dwelling Unit: According to Section 4-30-50(f), Caretaker Dwelling Unit, in the RS -
160, RS -35, RS -30, RS -20, AR -10, AR -2, R-30, R015, R -15A and R-6 zone districts, one CDU
shall be a permitted accessory use if:
(1) Caretaker dwelling unit shall be a permitted accessory use provided that:
(a) It is attached to a single-family home ("principal dwelling");
(b) The lot or parcel on which it is located conforms to the minimum lot are requirements
for each dwelling in the zone district in which the caretaker dwelling unit is located,
as shown in Table 5-1;
(c) The caretaker dwelling unit shall not exceed one thousand (1,000) net livable square
feet on lots or parcels that are thirty thousand (30,000) square feet or greater in lot
area, and seven hundred (700) net livable square feet on lots or parcels that are less
than thirty thousand (30,000) square feet in lot area;
Lowe Special Review for a CDU
Page 1
br
(d) The floor area of the caretaker unit shall be included in the total allowed floor area for
the lot or parcel of land (e.g., if the CDU is seven hundred (700) square feet, the
maximum total area of the primary residence and other included accessory structures
shall be seven hundred (700) square feet less than what would apply without the
CDU);
(e) Two (2) off-street parking spaces shall be provided for each caretaker dwelling unit.
(f) The applicant shall by deed restriction or other permanent commitment running with
the land guarantee that the caretaker dwelling unit:
(1) Shall not be required to be rented;
(2) Shall not be sold or otherwise conveyed or separated from the original parcel regardless
of the ultimate form of ownership of the caretaker unit;
(3) Shall be limited to occupancy by (i) not more than two (2) adults, and related children,
who qualify as (and have been found by the Housing Office to be) employees of the
community under such guidelines as may from time to time be established, or (ii)
members of the owner's immediate family, even though they may not qualify as
employees of the community.
(4) Shall be rented for terms not less than six (6) months if rented.
(g) The Caretaker Dwelling Unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no
longer be capable of occupancy as a dwelling unit and must meet otherwise
applicable requirements of the County Land Use Code.
(h) The provisions of this regulation are for the purpose of providing a voluntary
Caretaker Dwelling Unit on a legally created lot or parcel in the County. Any unit
approved under this provision of this Land Use Code shall not be used for mitigation
of employee housing requirements as established elsewhere in this Land Use Code.
The kitchen must also meet the definition as stated in the Aspen/Pitkin Employee Housing
Guidelines for Caretaker Dwelling Units below:
Kitchen — For Accessory Dwelling Units, Caretaker Dwelling Units and all other deed -restricted
units, a kitchen must include, at a minimum, a two -burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the
sink must measure at least 14'VX16"0X5.25"H; refrigerator must be at least 5.3 cubic feet and
include at least a .73 cubic foot freezer.
The Growth Management Quota System Exemption for Caretaker Dwelling Unit, Section 6-30-
40(c), states that a CDU may be exempted from growth management on any lot or parcel located in
a zone district in which a CDU is an allowed use. The CDU may be either attached to a single-
family dwelling unit, or may be detached if it complies with the standards in Section 4-30-50(e).
STAFF RECOMMENDATION: APCHA recommends approval of the CDU if it complies with
the following and a deed restriction is completed and recorded prior to building permit approval:
Lowe Special Review for a CDU
Page 2
Y
I . Conditions stated above;
2. A copy of the floor plans for the CDU are provided prior to any building pennit approval;
3. A CDU deed restriction recorded prior to building permit approval.
Lowe Special Review for a CDU
Page 3
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00042621
Name: Dawn Lowe Date:7/4/2017
Project Address: 400 MEDICINE BOW RD
Type: check #1343
Permit Number Fee Description Amount
0051.2017.PLAN PP- Flat Fee 975.00
0051.2017.PLAN PP- Public Notice Fee 54.00
0051.2017.PLAN PP- Housing Referral Fee 179.00
Total: 1,208.00
PLATS