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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO
REMOVE THE REQUIREMENT FOR AN ON-SITE DEED RESTRICTED RENTAL UNIT ON
TRACT 5 OF THE WEST BUTTERMILK PFISTER TRACTS, IN EXCHANGE FOR A
CATEGORY SALE UNIT
Resolution No.OJ,t-2006
Recitals
1. John T. Cooper "Applicant", has applied to the Pitkin County Board of County Commissioners,
"BOCC", for a Minor Amendment to a Development Permit to remove a deed restricted unit
requirement on Tract 5 of the West Buttermilk Pfister Tracts, in exchange for a for-sale, Category 3
unit located at Water View Apartments (unit #301).
2. The lot is described as Tract 5 of the West Butteffililk Pfister Tracts.
3. The lot received J041 and General Submission approval pursuant to BOCC Resolution No. 91-
165 and 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review, Special Review,
and GMQS exemption approval pursuant to BOCC Resolution No. 02-2003.
4. The Board heard the request on March 22, 2006 at their regularly scheduled meeting, at which
time evidence and testimony were presented with respect to this application.
5. The Board finds that this application is consistent with the applicable Sections of the Pitkin
County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it hereby grants Minor Amendment to a Development Peffilit approval to remove a
deed restricted rental unit requirement on Tract 5 of the West Buttermilk Pfister Tracts, in exchange for a
for-sale, Category 3 unit located at Unit #301 Water View Apartments, subject to the following conditions,
which shall run with the land and be binding on all successors in interest:
1. The Applicant shall comply with the provisions ofBOCC Resolution Nos. 91-165 and 02-2003
unless otherwise replaced or amended by the conditions of this approval.
2. Prior to the acceptance of Unit #301 at Water View, an site visit shall be conducted by the Housing
Office for compliance under the criteria listed in Part VII, Section 14, Deed Restricting Existing
Dwelling Units, of the Aspen/Pitkin County Employee Housing Guidelines as stated below:
a. The interior walls of all units must be freshly painted.
b. The interior Appliances must be purchased within the last five years and be in good and
working condition.
c. Carpet must be less than five year old and be in good condition and repair, or be replaced.
d. The exterior walls shall be freshly painted within one year of dedication.
e. A genera1level of upgrade to yards and landscaping shall be provided.
f. Windows, heating, plumbing, electrical systems, fixtures and equipment shall be in good
and working order.
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Resolution No.~2006
Page 2
g. The roof must have a remaining useful life of at least ten (10) years.
h. All units shall meet the International Building Code minimum standards, any applicable
housing code or, in the absence of an adequate code, the housing code acceptable to the
APCHA.
i. All units shall be approved by the APCHA and verified by a qualified Building Inspector
accepted and approved by the APCHA.
J. Applicant shall bear the costs and expenses of any required upgrades to meet the above
standards as well as any structural/engineering reports required by the APCHA to assess
the suitability for occupancy and compliance with the APCHA standards of the proposed
units.
3. If the unit is accepted by the Housing Office, the deed restriction for Unit #301 at Water View shall
be filed prior to the release of the existing deed restriction on Tract 5 of the West Butteffililk Pfister
Tracts.
4. The unit shall be classified and deed restricted as a Category 3 but the sale price shall be no higher
than allowed for Category 2 unit.
5. The unit shall be listed with the Aspen/Pitkin County Housing Authority and sold through the
lottery system. A 2% sales fee shall be due from the seller to the Aspen/Pitkin County Housing
Authority at the time of closing.
6. The Applicant shall adhere to all material representations made by the application or in public
meetings.
APPROVED AND ADOPTED at the regular meeting on the 22'" day of March, 2006.
\
BOARD OF COUN1Y COMMISSIONERS
OFPITKINCOWW
Michae~hair
Chair
Jeanette Jones
D~puty Clerk
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Date: ., 0/- t/-06
APPROVED AS m~~
APPROVED AS TO CONTENT:
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,iy\~ C G.. ,Vo \.. c It
C dy Houben,
Community Development Director
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Joi1ILE1Y;
~unty Attorney
Case #052-06
PID #2735- 102- 10-003
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