HomeMy WebLinkAbout20051026hershey MEMORANDUM
DATE: October 26, 2005
TO: Board of County Commissioners
THROUGH: Cindy HoutS~"fi,'Community Development Director
FROM: Lance Cl~e, Assistant Director
SUBJECT: Hershey Appeal of Determination Regarding Employee Housing Impact
Fees
APPEAL: The Appellant is appealing the Conrmunity Development Department
imposition of employee housing impact fees for a duplex at 96 Mountain Laurel Court
(Mountain Valley Subdivision).
APPELLANT: Douglas W. Hershey, M.D.
REPRESENTATIVE: David Gibson, Architect
LOCATION: 96 Mt. Laurel Court; Lot 80, Mountain Valley Subdivision, Filing 2
BACKGROUND: Dr. Hershey has submitted a building permit for a new duplex. The
total gross floor area for the two units does not exceed 11,500 sq. ft. (5,750+5,750).
However, one of the two units does exceed 5,750 sq. ft. (5,968), necessitating the
payment of employee housing impact fees. Dr. Hershey has stated that had he known of
the fee prior to designing the building, he perhaps could have designed differently to keep
each unit under the 5,750 sq. ft threshold.
Section 11-300 of the Land Use Code requires an employee housing impact fee for
residential development of 5,750 or greater square feet. Section 11-900-020 allows any
adversely affected party to appeal any decision made pursuant to the calculation and
payment of the employee housing impact fee.
STAFF RECOMMENDATION: Staff recommends the Board adopt a motion denying
the Hershey appeal of imposition of employee housing impact fees for a duplex at 96 Mt.
Laurel Court.
lancec/hershey appeal memo102605.doc
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, DENYING AN APPEAL BY DOUGLAS W. HERSHEY, M.D. OF
THE IMPOSITION OF EMPLOYEE HOUSING IMPACT FEES FOR A DUPLEX AT 96
MOUNTAIN LAUREL COURT
Resolution No. ~2005
RECITALS
1. Douglas W. Hershey, M.D., ("Appellmlt") has appealed to the Board Of County
Commissioners of Pitkin County, Colorado ("BOCC") to overturn the Community Development
Department's determination to impose employee housing impact fees on a proposed new duplex at
96 Mountain Laurel Court.
2. The property is described as Lot 80, Mountain Valley Subdivision, Filing 2.
3. The BOCC heard this appeal at a public meeting on October 26, 2005, at which time
evidence and testimony were presented with respect to the appeal.
4. The BOCC finds that the Commmfity Development Department's decision to impose
impact fees for the proposed duplex is consistent with Section 11-300 of the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby denies the
Hershey appeal and supports the imposition of employee housing impact fees on the duplex at 96
Mt. Laurel Court.
Resolution No.
Page 2
-2005
APPEAL DENIED on the 26m day of October, 2005.
BOARD OF COUNTY COMMISSIONERS
OF PITK1N COUNTY, COLORADO
ATTEST:
By
Date
Patti Kay-Clapper, Chair
Jeanette Jones
Deputy Clerk
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Jolm Ely,
County Attorney
Cindy Houben,
Community Development Director
lancec/hersheyappeal reso.doc
Board of Pitkin County Commissioners
September 6, 2005
1864 Jeffrey Lane
Carmichael, CA 95608
Re: Appeal of Employee-In-Lieu Calculation
Hershey Duplex at 96 Mountain Laurel Court
Dear Gentlemen/Ladies:
We are the first duplex residence building permit application to
be processed since the June 2005 passage of the Employee
Housing-in-Lieu requirements.
According to the Development Department, we shall be required to
pay full in lieu fees for the second unit (Unit "A") which has
5462 SF gross living areas, plus a 506 SF garage. Unit "B" of
the duplex has 4286 SF (which includes garage).
To our knowledge, there was no publicity of this new fee.
Neither David Gibson, our architect, myself or others who were
involved with the project were aware of its proposal. If we had
known such a requirement was imminent, we would have distributed
the floor areas differently.
I have owned this property since 1977 and am redeveloping it for
the use of myself and my family in retirement. Unit "A" will
then be our permanent residence.
Based on my long term ownership and the fact that the average
size of the two units is below threshold level, I respectfully
request to be granted an exemption for the Employee-in-Lieu
requirement.
Please call if you have any questions (877.736.6888 or
916.425.5850). Thank you for your consideration.
Respectfully,
Douglas W. Hershey, M.D.
CC:
David Gibson
Joanna Schaffner
John Ely