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HomeMy WebLinkAboutbocc.res.056.2005 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE STEEL DETACHED CARETAKER DWELLING UNIT (LOTS 2A, 3A and 4A, BLOCK 3, RED MOUNTAIN SUBDIVISION) Resolution No~¢~ -2005 RECITALS Robert K. Steel ("Applicant") has applied to the Community Development Director of Pitkin County, Colorado for approval of a detached Caretaker Dwelling Unit ("CDU") to be constructed over an ex!sting garage. An Employee Dwelling Unit ("'EDU") currently exists above the garage. Applicant's property is zoned R-30 and is located in the Urban Growth Boundary. It contains 2.5 acres, according to the County Assessor's records. It is Lots 2A, 3A and 4A of Block 3 of the Red Mountain Subdivision. Applicant previously received approval for a voluntary EDU pursuant to P&Z Resolution No. 83-26 (Book 456, Page 441). This approval required that a lot line adjustment be obtained to eliminate the lot line between Lots 3A and 4A prior to issuance of a Certificate of Occupancy'for the EDU. A lot line adjustment for Lots 3A and 4A was subsequently approved under BOCC Resolution No. 90-68 (Reception No. 324710); however, a lot line adjustment plat was, apparently, never recorded. Presumably, this was because the lots were deemed to have "merged" (since the lack of a plat was not cited as an issue under subsequent approvals). The deed restriction for the EDU was prepared and recorded in June of 1990. Lots 3A and 4A also previously received an Exemption from Limitation on Re.pairs, Alterations and Restoration under BOCC Resolution No. 90-157 (Book 637; Page 726). The current parcel (Lots 2A, 3A and 4A) received partial 1041 Hazard Review approval under HO Determination No. 53-2002 (Reception No. 477486). See also Book 64, Page 81. The CDU proposed by Applicant will be limited to no more than 1,000 net livable square feet of floor area. Applicant will deed restrict the detached CDU pursuant to Subsection 3-150-130. Applicant has provided an Affidavit of Mailing to confirm compliance with the Land Use Code's notice requirements for Special Review of a detached CDU. No objections to the CDU were received by Community Development within the time period allowed under the Land Use Code. The application was referred to the Pitkin County Housing Office. The Housing Office recommended approval under specified conditions contained in this Resolution. 05/23/2005 12:40 The Community Development Director also recommends approval under the conditions contained in this Resolution. The BOCC finds that the Steel request for a detached CDU complies with applicable standards of the Land Use Code found at Subsections 3-150-130 and 3-210-020. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Applicant's request for a detached CDU, subject to the following conditions: 1. Applicant shall adhere to all material representations made in the application. area. The detached CDU shall not exceed 1,000 net livable square feet of floor 3. The kitchen for the CDU shall contain at least a two-burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking space shall be provided for each bedroom in the CDU. 4. The deed restriction for the CDU shall be obtained by Applicant and recorded prior to issuance of any future building permit application for the property. Pursuant to Land Use Code Subsection 3-150-120(D)(4), the BOCC authorizes Applicant to remove the existing EDU deed restriction concurrently with execution of the CDU deed restriction. 5. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above-referenced requirements. 6. 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 this //~day of May, 2005: Jeer Dep ,tte Jones ty Clerk BOARD OF COUNTY COMMISSIONERS OF PITKIN/~OUNTY, COLORADO P~tti Kay-Clapper,/g~hair Date: 0~- / ~' ,2005 APPROVED AS TO FORM: John PO 17-05 PID#273706304003 APPROVED AS TO CONTENT: Cindy Flouben Community Development Director page: 3 of 3 05/23/2005 12:48 SILVIA DAVIS pITKIN COUNTY CO R 0.00 O 0.00