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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITK1N
COUNTY, COLORADO, GRANTING SPECIAL REVIEW APPROVAL TO THE
SNOWMASS CREEK RANCH LLC CARETAKER DWELLING UNIT
Resolution No. 01~-2005
RECITALS~
1. Snowmass Creek Ranch LLC ("Applicant") has applied to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC") for special review approval to retain an
existing cabin as a caretaker dwelling unit. The Applicant is also requesting to amend the prior
approval in order to retain the cabin as a dwelling unit, rather than convert the cabin to an agricultural
building as required by Hearing Officer Determination No. 12-2004 and BOCC Resolution No. 84-
100.
2. The Land Use Code authorizes approval of caretaker dwelling units by the Community
Development Director. However, a public hearing before the BOCC is required if any objections are
received from the adjacent property owners. Neighbors Tibor Stem and James Eroncig submitted
objections to the application, therefore, the application was considered by the BOCC.
3. The Applicant's lot contains 40.1 acres and is a conforming size parcel ill the RS-30 zone
district.
4. Said parcel is located 5721 Snowmass Creek Road, and is more specifically described as
Parcel B, Schubert Subdivision Exemption.
5. The parcel was created pursuant to BOCC Resolution No. 80-123, which separated and
reconfigured two adjacent parcels. At that time the subject parcel was improved with a mobile home
and a commereial kennel, both of which were found to have been legally established. The BOCC
subsequently granted special review approval for an Employee Dwelling Unit within the existing
barn, pursuant to Resolution No. 84-100. As a condition ofthis approval, the Applicant agreed to
eliminate the commercial kennel and convert the kennel building and adjacent cabin into agricultural
outbuildings, with the mobile home remaining as the primary dwelling on the parcel. The EDU was
constructed and is occupied by a qualified employee, and the kennel building was removed. The
upper cabin was not converted to an agricultural building.
6. The Hearing Officer granted 1041 hazard review, conceptual submission, GMQS exemption
and demolition extension approval pursuant to Determination No. 12-2004 for a building envelope to
accommodate a replacement residence to replace the mobile home. The envelope was subsequently
amended by Administrative Decision No. 52-2004. The building permit for the uew residence was
issued in October of 2004 and the mobile home was removed. The Determination allows the
Applicant to occupy the upper cabin as the primary residence on the property while the new
residence is being constructed; prior to issuance of the certificate of occupancy for the residence, the
upper cabin is required to be converted to an agricultural outbuilding.
7. The BOCC heard this application at a duly noticed public hearing oa February 9, 2005, at
which time evidence and testimony was presented with respect to the application.
8. The BOCC finds that the proposed use will preserve an existing dwelling unit, which will be
occupied by a qualified resident, given the additional restrictions volunteered by the Applicant.
Resolution NoY~l~ -2005
Page 2
9. The BOCC further fmds that the caretaker dwelling unit complies with the special review
criteria of the Code, is consistent with the character of the surrounding area, and that the impacts of
the unit can be mitigated.
NOW, TItEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant special
review approval of the Snowmass Creek Ranch Caretaker Dwelling Unit, subject to the following
conditions, which shall ran with the land and be binding on all successors in interest:
The Applicant shall adhere to all material representations made in public hearings and in the
application.
The caretaker dwelling uint shall be limited to 1,000 net livable square feat. The kitchen
shall contain a minimum of a two burner stove with oven, standard sink, and at least a 6
cubic foot refrigerator plus freazer. A minimum of one off-street parking space shall be
provided for the unit.
3. Within 60 days of the date 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. The deed restriction shall provide that the unit shall not be
occupied by more than four people, with no more than two of the four unrelated.
The unit shall be required to be occupied by a qualified resident, as defined in the
AsperffPitkin County Employea Housing Guidelines. A minimum one year lease
shall be provided; if the owner is unable to rent the unit, it will be offered for rental
by the Housing Authority. Prior to recordation of the deed restriction, the
Applicant shall provide documentation to the Housing Office that the kitchen
complies with the criteria specified above.
Obtain a septic permit from the Environmental Health Department for the system
that serves the caretaker unit.
The caretaker mt shall be accessed via the lower driveway, which is addressed as 5721
Snowmass Creek Road.
NOTICE OF PUBLIC ItEARING PUBLISItED in The Aspen Times Weakly on the 9th
day of January, 2005.
APPROVED AND ADOPTED on the 9th day of February, 2005.
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Resolution No. 015 ~2005
Page 3
ATTEST:
e e/o es
Clerk to the BOCC
APPROVED AS TO FORM:
John Ely,
CounW.~.Attey~
BOARD OF COUNTY COMMISSIONERS
OF P1TKIN COUNTY, COLORADO
Patti Kay-Clat~per, Chair
Date 0.~-
APPROVED AS TO CONTENT:
C~dy H~uben, ~' -
Community Development Director
Case #P207-04
PID #264504300002
3
ExhLbit "A"
A parcel of land situated in the SW 1/4 and the SE 1/4 of Section
14 and in the NW 1/4 of Section 23, all in Township 9 South,
Range 86 West of the Sixth Principal Meridian, Pitkin County,
Colorado more particularly described as follows:
Beginning at a point on the northerly line of a county road and
the centerline intersection of an existing drive, whence the
relocated quarter corner of the south line of Section 22,
Township 9 South, Range 86 West of the Sixth Principal Meridian
bears S. 45 degrees 40 minutes 20 seconds W. 6218.92 feet; thence
along the centerl.ine of said driveway the following courses and
distances: N. 25 degrees 09 minutes 48 seconds W. 260.27 feet;
thence N. 27 degrees 24 minutes 27 seconds W. 116.38 feet; thence
N. 18 degrees 36 minutes 47 seconds W. 109.48 feet; thence
leaving said drive N. 86 degrees 46 minutes 21 seconds W. 53.51
feet; thence S. 55 degrees 32 minutes 42 seconds W. 325.73 feet;
degrees 27 minutes 18 seconds W. 248.78 feet;
degrees 32 minutes 42 seconds E. 390.85 feet;
degrees 40 minutes 57 seconds E. 285.96 feet;
degree 55 minutes 55 seconds W. 1298.59 feet;
degrees 27 minutes 36 seconds E. 109.80 feet;
degrees 59 minutes 28 seconds E.
thence N. 34
thence N. 55
thence N. 76
thence N. 01
thence N. 82
thence N. 55 107.57 feet;
thence N. 63 degrees 38 minutes 00 seconds E. 57.50 feet;
thence S. 74 degrees 21 minutes 00 seconds E. 951.60 feet;
thence S. 17 degrees 11 minutes O0 seconds W. 674.64 feet;
thence S. 35 degrees 32 minutes O0 seconds W. 294.57 feet;
to a point on the northerly line of a county road, thence along
said northerly line the following courses and distances:
thence S. 07 degrees 52 minutes 24 seconds W. 299.29 feet;
thence 66.97 feet along the arc of a curve to the right, having a
radius of 116.58 feet, a central angle of 32 degrees 54 minutes
45 seconds thence S. 40 degrees 47 minutes 14 seconds W. 363.93
feet; thence 114.69 feet along the arc of a curve to the left
having a radius of. 335.98 feet, a central angle of 19 degrees 34
minutes 12 seconds thence 220.24 feet along the arc of a curve to
the right having a radius of 308.17 feet, a central angle of 40
degrees 57 minutes 04 seconds; thence S. 62 degrees 10 minutes 30
seconds W. '81.28 feet; thence 137.48 feet along the arc of a
curve to the left, having a radius of 447.45 feet, a central
angel of 17 degrees 36 minutes 17 seconds, to the point of
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beginning; also known as Parcel B, Schubert Subdivision
Exemption, as shown on Improvement Location Certificate recorded
July 28, 1981'in Plat Book 11 at Page 78, County of Pitkin State
of Colorado,
together with all the improvements thereon and the appurtenances
thereunto belonging and warrants the title to the same subject to
and excepting (a) any and all easements and/or claims of
easements shown of public record, (b) taxes, special and/or
general assess-ments, charges, and assessments which are accrued
but not yet payable, the same to include but not to be limited to
taxes, assessments, fees or charges by reason of the inclusion of
the subject property in Mt. Sopris Soil Conservation District,
Basalt and Rural Fire Protection District and the Aspen Valley
Hospital District; (c) An undivided one-half interest of her
interest in and to all oil, gas, and other minerals of every kind
and character, whether similar or dissimilar, on; in and under
the above described real property, together with all incidental
rights of ingress and egress for the purpose of exploring, mining
· and producing the same upon the payment of a proportionate share
of surface damages, as reserved to J. Burton Turtle in Deed
recorded June 01, 1967 in Book 227 at Page 226; (d) An easement
for an irrigation ditch across said property, as presently
constructed, together' with the right of ingress and egress for
the purposes of using and maintaining said ditch, as reserved in
Warranty Deed recorded June 01, 1967 in Book 227 at Page 230 and
such further rights of way for ditches and canals as reserved by
the.'United States of America in Patents of record; (e) a county
road as constructed and in place; (f) Terms, conditions and
obligations of Resolution of the Board of County Commissioners of
Pitkin County, Colorado regarding the Schubert Subdivision
Exemption Resolution No. 80-123 as set forth in instrument
recorded January 22, 1981 in Book 403 at Page 192; (f) Terms,
conditions restrictions, easements and rights of way as set forth
on Improvement location Certificate recorded July 28, 1981 in
Plat Book 11 at Page 78; (g) Terms, conditions and restrictions
as set forth in License Agreement between Stephen R. Schubert and
Leslie A. Schubert and James A. Bagley, recorded September 4,
1981 in Book 413 at Page 571 as Reception No. 235360; (h) right
of way easement 20 feet in width granted Holy Cross Electric
Association, Inc. to construct, reconst=uct, enlarge, operate,
maintain and remove an electric transmission or distribution
line, recorded July 12, 1982 in Book 429 at Page 72 as Reception
No. 242587;. (i) Terms, conditions and obligations of Resolution
No. 84-100 issued by the Board of County Commissioners recorded
October 10, 1984 in Book 474 at Page 876 as Reception NO. 263119;
(j) Terms, conditions, obligations and restrictions as set forth
in Occupancy Deed Restriction and Agreement for Caretaker
EmDlovee Dwellinq Unit recorded June 8, 1989 in Book 594 at Page
538 as Reception NO. 312229.
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