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Home My WebLink Aboutbocc.ord.008.2005ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REPEALING AND RE-ENACTING SECTION 3-150-130, CARETAKER DWELLING UNITS Ordinance No. t7�- 2005 RECITALS Michael Lipkin ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for an amendment to Land Use Code Section 3-150-130, Caretaker Dwelling Units (CDU). The Applicant is requesting that CDUs be allowed to have a maximum net livable square footage of 1000 sq. ft. within the metro area for parcels with a lot area of 30,000 square feet or greater. For parcels with a lot area of less then 30,000 square feet, the maximum net livable square footage for CDUs will total 700 square feet. 2. The Planning and Zoning Commission reviewed the amendment to Section 3-150-130, Caretaker Dwelling Units (CDU), at a regularly scheduled meeting on December 7, 2004, and voted 3-0 to approve the request. The BOCC considered the amendment at a duly noticed public hearing on first reading February 23, 2005, and approved the amendment on second reading at a regular meeting on March 9, 2005. The BOCC finds that the amendments to Section 3-150-130, Caretaker Dwelling Units (CDU), of the Code is appropriate. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends Section 3-150-130, Caretaker Dwelling Units (CDU) of the Pitkin County Code, the Land Use Code, as follows: Repeal and re-enact Section 3-150-130as follows: The Community Development Director may approve Caretaker Dwelling Units in accordance with this Section and the special review standards of Section 3-210, the procedures in Sections 4-30 and 4-40 and submission requirements in Section 5-80. A. The Community Development Director, pursuant to the procedures of Section 4-30, may permit one Caretaker Dwelling Unit attached to a single-family home ("principal dwelling") on any lot or parcel of land which conforms to the minimum lot area requirements within the R-6, R-15, R-30, AFR-2, AFR- 10, RS -20, RS -30 and RS -160 zone districts under the following conditions and limitations: 1. Attached caretaker units shall not exceed seveft4RH+4red+7404 one _thousand_(.1.0Q0) net livable square feet on_lots or parcels that are '0,000 s3_ft. or neater in lot area, except that caretaker units in the ZRAPr on lots orparcels that are less than 30 000 so. f(. in lot area shall be limited to few hundred (408) seven htindred_.j7n0) net livable square feet. 2. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land. 3. There shall be provided one off-street parking space for each bedroom_ in the caretaker unit., and the_pnn ip It Sldulce_s11 rll comply ti Ith the_p Irking requuEnx,ufs at tIm crf building_ppLrrmt SUbrmttal,. IIIIIIIIIIIIIIIIIIIIIIIII IIII II III Page: I of 03/31/2005 50845006:051 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Ordinance No. 00� -2004 IIIIIIVIIIII IIII III IIII VIII VIIIIIIIIIII 0 ge: 2 of 09 051 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 4. The applicant shall by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit shall not be required to be rented; not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; be limited to occupancy by 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 by said authority; be rented for terms not less than six (6) months if rented. The Caretaker Dwelling Unit may be occupied by members of the immediate family even though they may not qualify as employees of the community. "Immediate Family" shall mean a person related by blood or marriage who is a first cousin (or closer relative) and his or her children. S. 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 Code requirements. B. The Community Development Director, pursuant to the procedures of Section 4-40, may permit Caretaker Dwelling Units up to seven-+una-@d7 �" one thousanjAl000Znet livable square feet an any 2 A ❑n 10, RS 2 RS 3and r- 60zenes on lots ornarcels thatare 34000 sq. tt. or erecter in lot area, unless there is a timely objection pursuant to Subsection 5-80-010(7) in which the Board may approve or deny. The Community Development Director may permit Caretaker Dwelling Units up to fOuf-lx�dred (4gg) seven hundred(M net livable square feet on any size !a eFVaFGel-ef I.....1 iH the D L D 15 d D 15 A �s on lots or parcels that are less than 30 000 sq_ftin lot jrca, unitsarelisted as a spesial , unless there is a timely objection pursuant to Subsection 5-80-010(1) in which the Board may approve or deny. All such units may be attached to, or within, the principal dwelling; within a properly approved outbuilding, or detached. All such units may be approved under the following conditions and limitations: 1. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land. 2. There shall be provided one off-street parking space for each bedroom within the pFiNeipel dwelling and one aF in the caretaker unit, and the wincia residence shall Comply with the narkma requirements at time ofbuildinL permit wbmittal� 3. The applicant shall, by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit shall not be required to be rented; not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; be limited to occupancy by not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may be from time to time established by said authority; be rented for terms not less than six (6) months if rented. The caretaker dwelling may be occupied by members of the immediate family even though they may not qualify as employees of the community. "Immediate Family" shall mean a person related by blood or marriage who is a first cousin (or closer relative) and his or her children. 4. 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 Code requirements. y e e. e • ` - y Ordinance No. 063' -2004 Page 3 �� Page: 508450 DAVIS PITKIN COUNTY CO R 0. 00 D 0 68: esSILVIi00 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 15"' day of January, 2005. INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the 23rd day of February, 2005. APPROVED AND ADOPTED ON SECOND READING on the 9"' day of March, 2005. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the YAay of ��_ 2005. ATTEST: Jean tte Jones Deputy Clerk APPROVED AS TO FORM: John Ely, �oluigAttorney PI79-04 2004 BOARD OF COUNTY COMMISSIONERS OF P,,IITKIN COUNTY, COLORADO Patti K� ay Clapp Chair Date: 0 3 ^30 - o APPROVED AS TO CONTENT: n y ouben, L ' Community Development Director 3