HomeMy WebLinkAboutdefinition.dwelling.unit.appealTO:
THRU:
Agen~L~ Item S~mmaz~
Board of County Cor~missioners
Lance Clark~,~Plannlng DirecTor
FROM: Joanna S. Schaffner, Zoning' Officer
DATE: November ~, 2003 / Worksesslon
RE: Appeal To a DeterminaTion regarding the
definition of "Dwelling Unit"
tL~CKGROUI~D: Glenn RappaporT is designing a 5,750 square
foot single-family residence in the Rurel Area of the
Counny. The single-family residence consists of multiple
surucTures; one structure will house the "living area",
another the raasner suite, another a bedroom/bath etc. Mr.
Rappaport argues than this approach allows for greater
design flexibility in siting sTrucTures on a lot or parcel
without compromising areas of 1041 concern. His lerner is
atteched.
Such a design approach conflicus with the Land Use Code's
definition of "Dwelling', "Dwelling Unit", and "Dwelling
UniT, Single-Famil}J,.
Dwelling: "means a permanenn building or portion thereof
which is used as the private residence or sleeping place of
one or more human beings, but non including hotels, lodge
units, clubs, hospitals, Temporary sErucEures such as
uenus, railroad cars, trailers, sTreeT cars, prefabricated
meual sections, or similar units."
Dwelling Unit: "means a separately enterable room or
combinanion of rooms, which contain kitchen or bath
faciliuie$ and which are designed for or can be used as
residence by a single-family or guests, independent of
other families or .guests."
Dwelling Unit, Single-Fa~l~: "means an individual detached
residential dwelling that is designed and intended uo house
one family at a time and that is developed with open yards
on all sides of the dwelling unit. Single-family dwelling
unit does not include mobile homes or recreauional
vehicles."
Due 5o nhe above definitions, ssaff has consistently denied
bathing facilities in accessory structures (with 5he
exception of agriculs~ral barns), because it conssituses a
"dwelling', even when a kitchen is no5 included. This
ressrictive definition was insended no discourage accessory
ssrucnures from becoming illegal dwellings.
Mr. Rappaporn's design proposes bathin~ facilities in the
sasellite ssrucnures. Therefore, they are interpreted as
multiple "dwellings", and are non permitted by nhe Land Use
Code.
RECOI~MENDATION: Ssaff recommends no change in the Land Use
Code a~ 5his 5ime.
Sep 22 03 lO:40a ~ords pictures colo~?s S70 S27 OBS4
09
10
03
Oiiphant Notes for BOCC:
After a recent meeting with the planning office, on the subject of the definition of
Dwelling Unit and review of the current county policies which deal with the
interpretation of this definition, it was suggested by the staff, thatl come and speak to the
Board of County Commissioners directly, in order to see if there was any in/ernst in
having a meeting or work session to discuss this matter in more detail.
It seems that from a design and use perspective and from an experiential as well as
sustainability perspective, we might all benefit by Iooking at the policies surrounding the
definition of Dwelling Unit, particularly as it relates to the idea of multiple detached
structures on single family parcels in Pitl~ County.
· I believe that the policies regarding this issue are urm'~cessaril lind ' ~, ~,
y tang, and th~ ,~,, of
the county's goals concerning the protection of wildlife, view planes, wild fire.
sustaiyability and life safety Can remain intact, while offering a more interesting set of
experiences to the user
The idea of a residence acing comprised of multiple small-scale structures is, of course,
not a new one, as we ail know, many of our historic ranches and even more urban parcels
in. and. around the.Aspen, area have employed, this strategy. Even in Basalt we have. in the
u;~er usaomt~, ann to promote the construction of buildings that are more in scale with
their surroundings.
As we all know, planning and zoning rules and regulations require feedback from time to
time ia order to remain living, vital documents. It would be great to have the opportun;ty
to continue this fliscussion.
Thank you,
Glenn H. Rappaport
Architect