HomeMy WebLinkAboutpitkin.planning.246314200007DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER'
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and/or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
PA—f (-FEL V 12463 - 142 - 00-007
Doi FICVDI �PIES'� CASE qP1 18-93
Barr M;ry;; Dwelling Unit PLNR-,l
PROJ ADOR,11-11-7 *Prince Creek Rd
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FF Box 96
CONTRACT# t*, - 0�
RESTRICTIVE COVENANT
FOR THE USE OF AND AGREEMENT FOR
AN AGRICULTURAL BUILDING
THIS RESTRICTIVE COVENANT ( "Restrictive Covenant ") is made and entered this
i3 day of June 2012, by Horticultural Interests LLC ( "Grantor" or "Owner "), concerning the
property known as 1567 Prince Creek Road, Carbondale, CO 81611, Parcel ID# 246314200007,
more specifically described in Exhibit "A" attached hereto, located in Pitkin County, for the
benefit of the Pitkin County Board of County Commissioners ( "County ").
WITNESSETH
WHEREAS, Grantor owns the real property described in Exhibit "A" ( "Property "),
which Property will contain an agricultural building as allowed pursuant to Sec. 5 -20 -70 of the
Pitkin County Land Use Code. Said agricultural buiiding wiii be located as shown on the
attached site plan (Exhibit `B ") and shall contain approximately 658 square feet of exempt floor
area as approved in Building Permit No. 0019.2012.prbk. For the purposes of this Restrictive
Covenant, the approved agricultural building and all appurtenances and fixtures associated
therewith shall hereinafter be referred to as the "Agricultural Building "; and
WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property,
which restrict the use of the Agricultural Building, as more particularly set forth herein.
NOW, THEREFORE, for and in consideration of the covenants, terms, conditions, and
restrictions hereinafter set forth and for other good and valuable consideration, the receipt and
sufficiency are hereby acknowledged, Grantor does hereby grant and convey to the County,
forever and in perpetuity, an interest in the Property, for and in consideration of the recitals and
mutual covenants, terms, conditions and restrictions contained herein:
1. Restrictive Covenant pertaining to use of the Property. The use of the
Agricultural Building shall henceforth be limited to shelter or to enclose livestock, horses,
poultry, feed, or field equipment, or otherwise used for in support of an on -site agricultural
operation. An indoor riding arena shall not be considered a barn.
2. Covenant running with the land: binding effect. The provisions of this
Restrictive Covenant shall constitute a covenant that runs with the title to the Property as a
burden thereon for the benefit of the County, its successors and assigns and shall be deemed an
appurtenance to the title to such land.
3. Permitted uses and activities. As owners of the Property, the Grantor retains the
right to perform any act consistent with the Land Use Code to the extent such act is not
prohibited or limited by the requirements of this Restrictive Covenant. These ownership rights
include, but are not limited to, the right to exclude any member of the public trespassing on the
Property and the right to sell, lease, or otherwise transfer the Property to anyone Grantor
chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use
Code for any purpose.
RECEPTION #: 590571, 07/12/2012 at
01:07:33 PM,
1 OF 6, R $36.00 Doc Code COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
4. Enforcement and Inspection. This Restrictive Covenant and its terms and
representations shall be fully enforceable by the County, its successors, assigns and agents in any
action at law or equity or both, to secure compliance, including but not limited to, seeking
injunctive relief and /or specific performance requiring the Grantor, its successors or assigns to
cease and desist all activity in violation of the terms of this Restrictive Covenant and to return
the Property to its condition prior to any violation. Moreover, the County and its successors,
assigns and agents shall be permitted access to, and to enter upon, the Property at reasonable
times upon at least 48 hours advance notice to the Grantor or Grantor's representative, solely for
the purpose of monitoring, inspection, and if necessary, remediation of the Agricultural Building
in order to enforce and assure compliance with the terms and conditions of this Restrictive
Covenant.
5. Costs and liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the
Property, including but not limited to, costs associated with compliance with this Restrictive
Covenant. The County's acceptance of this Restrictive Covenant shall in no way be construed as
an assumption of any duties or liabilities associated with the Property and Grantor acknowledges
that by this Restrictive Covenant, Grantor continues to retain responsibility for any and all duties
and liabilities associated with the Property.
6. Subordination. At the time of the conveyance of this Restrictive Covenant, the
Grantor represents that the Property is not subject to any mortgage, deed of trust, or judgment
lien, or any other instrument that might result in a foreclosure action that could affect the
viability of this Restrictive Covenant.
7. Incorporation of the Land Use Code. The Land Use Code, as may be amended
from time to time, and any terms or definitions contained therein, are hereby incorporated by this
reference in their entirety.
8. Modification. The terms of this Restrictive Covenant can only be modified by an
amended covenant executed by both Grantor and County and recorded in the records of the Clerk
and Recorder for Pitkin County, Colorado.
9. Venue and jurisdiction. Grantor and the County consent to venue and
jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the
interpretation and enforcement of this Restrictive Covenant.
10. Attorneys fees and costs. In the event of any action or suit between the parties
hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions
contained herein, the substantially prevailing party in any such action or suit, whether by final
judgment or out of court settlement, shall recover from the other party all costs and expenses of
such action or suit including reasonable attorneys fees.
11. Section headings. Paragraph or section headings within this Restrictive
Covenant are inserted solely for convenience of reference, and are not intended to, and shall not
govern, limit or aid in the construction of any terms or provisions contained herein.
12. Further actions. The parties to this Restrictive Covenant agree to execute such
further documents and take such further actions as may be reasonably required to carry out the
provisions and intent of this Restrictive Covenant or any agreement or document relating hereto
or entered into in connection herewith.
13. Notices. Any notice which is required to be given under this covenant shall be
given by mailing the same, certified mail, return receipt requested, properly addressed and with
postage fully prepaid to any address provided herein or to any subsequent mailing address of any
additional parties, as long as prior written notice of the change of address or additional parties
has been given to the other parties to this Restrictive Covenant.
To Grantor:
Horticultural Interests LLC
1567 Prince Creek Road
Carbondale, CO 81611
To County:
Board of County Commissioners of Pitkin County
530 E. Main Street, 3rd Floor
Aspen, CO 81611
With Copies To:
Pitkin County Attorney
530 E. Main Street, Suite 302
Aspen, CO 81611
IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the
date and year first written above.
Grantor
c
By: Mike cCo anager
Horticultural Interests, LLC
State of Colorado )
) ss.
County of Pitkin )
The foregoing Restrictive Covenant was acknowledge b�f . ." .�i�}�of d�
2012 by �� m�� �� n Y`C\ o DAVID P. BRISCOE
NOTARY PUBLIC
Witness my hand and official seal STATE OF COLORADO
lr •I My Commission o E �i es 2/27/2014
My commission expires on: 2 12,77 ).12,0 1 1
ATTEST
APPROVED AS TO FORM
John . Ely
n mey
w
Notary Public
ACCEPTED BY
Pitkin County Board of County Commissioners
By: Michael wsley, Date
BOCC, Chair
-Ak AAAA (QVV 1V0 CA 1y2_41 z.,
indy Houben, Date
Community Development Director
Legal Pesoripftn Kper said Hite commihnento
Parcel 1:
A parcel of land situated En Sections 14 and 15, Township 8 South, Range 88
West of the 6th P.M, County of Pitkin, State of Colorado, more particularly
described as follows,-
Beginning at the Northeast comer of said Section 15,
Thence South 00' 08' 29" East, 27.18 feet to a brass cap far :the Witness Corner
to the Northeast Corner of said Section 15;
Thence South 21' 47' 12" East, 819.53 feet to an angle point on the north line
of Lot 1, Lot Split of Stranahan Ranch;
Thence South 00' 09' 28" East, 21.94 feet along the northerly boundary of
said Lot 1, to a fence line as built and in place, which fence line is described in
quitclaim deeds recorded May 13, 1993 in Book 712, Pages 122, 123, and 124
respectively, being the true Point of Beginning.
Thence along sold fence line the following courses.-
North 89' 56' 14" West, 414.40
feet
Thence North
76' 43'
41"
West,
216.57 feed
Thence North
74' 16'
22"
West,
150.79 feet;
Thence South
26' 06'
11'
West,
165.95 feet;
Thence South
06' 23'
46'
West,
81.76 feet
Thence South
08' 02'
38"
Eas4
46.48 feet
Thence North
85' 23'
05'
West,
103.47 feet;
Thence North
03' 59'
34'
East,
85.50 feet;
Thence North
89'31'
17'
Wes4
34746 feet thence leaving said fence,
South 88' 51'
28" West, 38.71 feet to the West line of sold Lot 1;
Thence South
190.68
feet
to the Southwest comer of sold Lot 1,
Thence South
72' 21'
40'
East,
1299.89 feet along the South line of sold Lot 1;
Thence North
63' 34'
40'
East,
1759.62 feet along said South line;
Thence North
02' 13'
30'
West,
294.22 feet along the East line of said Lot 1;
Thence South
73' 33'
21'
West,
1536.54 feet along the North line of said Lot 1;
Thence North
DO' 90'
28'
West,
32.14 feet along said North line to the
True Point of
Beginning.
f
AKA Lot 1;
Stranahan Ranch.
Together with the land con veytsd in Book 172, Pages 123 and 124.
Excepting therefrom the land conveyed in Book 712, Page 122.
Fence
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Plastic Cap L.S. *09184
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Single Story
Brick HOUS49
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k364484 12/13/93 1 q6 Fec $.CEO S 734 PG 895
..
Silvia Davis, Pitk.,_,Cnty Clerk, Doc $.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITRIN
COUNTY COLORADO, GRANTING APPROVAL TO THE
BARR EMPLOYEE DWELLING UNIT
Resolution No. 93 --Zff
RECITALS ZgGS-I q Z -o 0 "aC3
1. Gary and Norma Barr, hereinafter "Applicants ", have
applied.to the Board of County Commissioners of Pitkin County,
Colorado, hereinafter "Board ", for approval of a employee
dwelling unit pursuant to Section 3- 8.13(e) of the Land Use
Code.
2. The Applicant's lot is zoned RS -30 and is approximately
29.3 acres in size.
3. Said parcel is located at 1567 County Road 111,
Carbondale, more specifically described in Exhibit
attached.
4. . The Applicants propose to deed restrict the employee
dwelling unit pursuant to Ordinance 91 -11.
5. The Board determined that, due to the close proximity of
the employee dwelling unit to adjacent counties, the Barr's
shall be permitted to rent this unit to qualified residents
of the Roaring Fork Valley.
6. The Board heard this application at a regularly scheduled
meeting on November 23, 1993, at which time evidence and
testimony was presented with respect to this applicati:)n.
7. The Board determined that the proposed employee unit
meets the criteria established in Section 3- 8.13(e) of the
Land Use Code.
0364484 12/13/93 11 :06 Rec $-00 BK 734 PG 8
- Silvia Davis, P�xin Cnty Clerk, Doc x.00
Resolution No. 93 -/51
Page 2
NOW, THEREFORE, BE IT RESOIVED "by'the toiard that it does
hereby grant approval to the Barr Employee Dwelling Unit
application subject to the following conditions:
1. Within 30 days of approval by the Board of County
Commissioners, the Applicant shall request an inspection by
a building official to assure compliance with the. healtY -. and
safety regulations of the Uniform Building Code. If
outstanding UBC compliance issues are identified, they s�,,all
be rectified to the satisfaction of the Chief Building
Official within 90 days of the initial inspection.
2. The Applicants shall record a employee deed restrictiu. o,.
the existing residence pursuant to Section 3 -8.13 (b)(4; of
the Code (Ord. 91 -11). The deed restriction will permit the
rental of the unit to qualified residents of the Roaring Fork
Valley. The Applicants shall record the deed within 30 days
of final approval of the Building Department.
3. The Applicant shall comply with all material representations
made in the application and in the public meeting.
APPROVED AND ADOPTED ON THE 23RD DAY°"O''k- NOVEMBER;
BOARD OF COUNTY "COMMISSIONERS
OF PITRIN`CO , COLORADO.
BY__- __ILL�L
Bil]Y 'S'u'ite, Chairman
Date
7 (Gl( 'I A,-
Jeanette Jones
Deputy Clerk and Recorder
APPROVED AS TO FORM: 'APPROVED AS TO CONTENT:
Timothy E. itt, suoa Roncha
County A ey Coun Plannint Director
MEMORANDUM.
TO: Board of County Commissioners
Regular Meeting - November 23, 1993
THRU: Reid Haughey, County Manager
Suzanne Konchan, County Planning Director
FROM: Rick Magill, Planner
RE: Barr Employee Dwelling Unit
2L1c�3— iq,�- o ®-ao-?
APPLICANTS: Gary and Norma Barr
APPLICANT'S REPRESENTATIVE "Brooke Petersen
REQUEST: The Applicant is requesting approval of an employee
dwelling unit pursuant to section 3- 8.13(e) (Bandit Unit provision)
of the Code. The subject property does not fully comply with the
other employee and caretaker dwelling unit provisions of Section
3 -8.13 of the Code because the existing unit is larger than 700
square feet and the parcel does not meet the minimum lot area
requirement of the RS -30 zone district., The structure was built in
1974 and has been continually occupied by residents of the valley
since that time.
LOCATION: The subject property is located at 1567 County Road 111,
Carbondale, in the Cattle Creek area.
ZONING: RS -30, thirty acre minimum lot size.
SITE DATA: The subject property is 29.31 acres in size. There are
two residential structures located on the subject parcel. The
employee dwelling unit is comprised of four (4) bedrooms and is
2,400 square feet in size. The primary residence consists of 2,900
square feet and also contains four (4) bedrooms. There is a tennis
court, a barn, and a small shed located adjacent to the primary
residence. The two residential dwellings are separated by a
distance of approximately 500 feet. Access is provided to the
development by an existing driveway off of Prince Creek Road.
REFERRAL COMMENTS:
1) ENVIRONMENTAL HEALTH: Chris Chiola has indicated that there
are no outstanding environmental health concerns with this
action.
2) HOUSING: Cindy Christensen notes that the unit complies with
the "bandit unit" classification, and that the Applicant must
record an employee housing deed restriction pursuant to
Section 3 -8.13 (b)(4) (A), (B) and (C) of the Code (Ord. 91-
11), prior to issuance of a building permit.
3) ZONING: Joanna Schaffner notes the following with respect to
bulk and height regulations:
- This parcel contains 30,492 square feet, less than the
thirty acres required, and is therefore non - conforming in
size.
- This parcel is permitted 15,000 square feet of residential
floor area. The existing dwellings do not appear to exceed the
maximum allowable FAR.
- No plans or elevations have been submitted that would
indicate compliance with the County height regulations.
STAFF COMMENTS:
Section 3- 8.13(e) of the Code, gives the Board the authority to
approve a detached employee dwelling unit on a lot which does not
meet the minimum lot area per dwelling unit requirements of the
zone district and exceeds the maximum allowable livable area of
1500 square feet. Approval must be based on a finding of
compliance with the following criteria:
1. That the unit was completed prior- to June 8, 1981;'
Response: The Applicant has submitted a letter from Strouse
Masonry Inc. indicating that the two residences were built in
1974.
2. The Applicant must specify the applicable requirements of
Section 3 -8.13 (a)(b)(c)(d)'which can or cannot be met and the
reasons therefor;
Response:
Item 1 of Subsection (b) limits the total floor area of
employee dwelling units to 1500 square feet. The existing unit
is 2400 square feet in size and has been utilized as a
employee unit for nearly 20 years in it's current
configuration.
For sites in the RS -30 zone district, Employee Dwelling Units
are required to be located on parcels which comply with the
minimum lot area per dwelling unit required in the zone
district. The subject property does not meet this criteria,
yet the parcel is just .7 acre from compliance with the 30
acre requirement.
Item 3 requires detached employee dwelling units to be located
2
in conformance with the standards of the Land Use Code
including the environmental standards and 1041 Hazard
regulations. The proposed employee dwelling unit is located
outside areas mapped for: geologic, wildlife, high or severe
wildfire, and floodplain hazards. There are no other known
hazards in the vicinity of the employee dwelling unit.
Item 4 outlines the deed restriction criteria for the employee
dwelling unit. The Applicant'agr'ees to record an "employee
unit" deed restriction.
3. That it meets the health and safety requirements of the UBC;
Response: Since the proposed employee dwelling unit is an
existing structure, the unit should be inspected for
compliance with the UBC prior to the recordation of the deed
restriction.
4. That approval will not result in overcrowding on the property
or in the neighborhood;
Response: The two dwellings are separated by approximately
500 feet and have existed in their current configuration for
nearly 20 years. Both the primary residence and employee unit
are a minimum of 150 feet from the nearest property line. The
proposed employee unit is'approximatel'y 1;000 feet from Prince
Creek Road.
e. That sufficient utilities, access and services are available
and that visual impacts are not out of character with the
neighborhood.
Response: The employee unit and the primary residence will
continue to be served by the existing on -site septic system.
Water is to be provided to the employee unit by an existing
well, 'adjacent to the unit. , In addition, the Environmental
Health Department has indicated that the property uses an
existing natural spring for water supply (see comments of
Environmental Health Department). Adequate access and other
necessary services are available to the property. No
additional visual impacts are anticipated as a result of the
proposed action because there will not be a change in the use
or physical character of the existing residential structure.
SUMMARY: Staff finds that the Applicant's request for designation
of the existing residence on his property as an employee dwelling
unit is consistent with the provisions in Section 3 -8.13 (e).
RECOMMENDATION:
Staff recommends approval of the Barr_ Employee Dwelling Unit,
subject to the following conditions:
3
1. Within 30 days of approval by the Board of County
Commissioners, the Applicant shall be request an inspection
of the existing employee unit by a building official to assure
compliance with health and safety regulations of the Uniform
Building Code. If outstanding UBC compliance issues are
identified, they shall be rectified to the satisfaction of the
Chief Building Official within 90 days of the initial
inspection.
2. The Applicant shall record an employee housing deed
restriction on the existing residence pursuant to Section 3-
8.13 (b)(4) of the Code (Ord. 91 -11). The deed restriction
shall permit the rental of the unit to qualified residents of
the Roaring Fork Valley. The Applicant shall record the deed
within 30 days of final approval by the Building Department.
3. The Applicant shall comply with all material representations
made in the application and in the public meeting.
ATTACHMENTS:
1. Zoning Office comments
2. Environmental Health,.,Department comments
3. Housing office comments
4. letter from Strouse Masonry
5. Site Survey
memo barr edu
0
M E M O R A N D U M
TO: Rick Magill, County Planner
FROM: Joanna S. Schaffner, County Zoning
DATE: September 21, 1993
RE: Barr Employee Dwelling Unit
Parcel ID# 2463- 142 -00 -007
I have reviewed the above referenced application, and offer ,
following comments.
ZONE: RS -30, thirty acre minimum lot size
This parcel-contains 30,492 square feet less than the thirty acres
required, and is, therefore, non - conforming in size.
FLOOR AREA: Pursuant to Ordinance 92 -08, this parcel is permitted
15,000 square feet of residential floor area without Special
Review. Although no floor area has been represented in the
application, it does not appear that the 15,000 square foot
limitation has been exceeded.
SETBACKS: Required setbacks for this parcel are:
100 foot front yard setback
50 foot side and rear yard setback
20 foot minimum stream setback
The unit complies with required setbacks.
HEIGHT: No plans or elevations of the unit have been submitted,
so I cannot comment on compliance with County height regulations.
However, as an accessory structure, the maximum height permitted
is 20 feet.
PARKING: There appears to be adequate parking for the unit.
MEMORANDUM SL? %
To: Rick Magill, Planning Office _
From: Chris Chiola, Environmental Health Departmentc
Date: September 28, 1993
Re: Barr Employee Dwelling Unit
Parcel ID #2463- 142 -00 -007
---------- - - - - -- - - -- -____ - - -- - =_ _ __ -= -
The Aspen / Pitkin Environmental Health Department has reviewed the
above - mentioned land use submittal under „authority of the Pitkin
County Code, Title II, and has the 'folY'owing comments.
SEWAGE TREATMENT AND COLLECTION: Sections 2 -7 and-5-200:
According to permits previously obtained from this office, the
present structures on the property are being served by adequate
septic systems.
ADEOUATE PROVISIONS FOR WATER NEEDS Sections 2 -6 and 5 -205:
It is apparent to this Department that there is adequate water
provided to the property from a nearby spring.
WATER QUALITY IMPACTS: 2 -22 and 5- 107.2:
There would be no water quality impacts from this review.
Other regulations:
AIR QUALITY• Sections 2 -17 and 5 -106:
There would be no increase in air pollution from this review. No
addition is anticipated.
MEMORANDUM
n it993
To: Rick Magill, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: September 30, 1993
RE: Barr Special Review for an Employee Dwelling Unit
Parcel ID No. 2463- 142 -00 -007
After reviewing the above - referenced application, the Housing
office recommends approving legalizing the bandit unit to an
Employee Dwelling Unit pursuant to Section 3 -8.13 of the Pitkin
County Land Use Code and Board of County commissioner Ordinance 91 _
11 with regards to the folloVing:
Section 3- 8.13(e) states:
'Bandit Units': The Board may approve as an employee unit attached to or within a principal unit,
or detached, one residential unit on a lot or parcel of land which does not meet the requirements of
this Section 3-8.13(a)(b)(c)(d) under the following condffiosns:
(1) The applicant must demonstrate to the satisfaction of the Board that the proposed employee
unit was completed and in existence prbr to JuoeO, 19t3i`t
(3) The approval must require compliance with the otherwise applicable requirements of
subsections (a), (b), (c) and (d) to the full extent practicable;
(6) If the bandit unit Is 700 square feet or less, &'caretaker' deed restriction, as specified In
(a)(4), shall be placed on the unit. Should the bandit unit be greater than 700 square feet,
an "employee dwelling unit' deed rstdction, as specified in (b)(4), shall be placed on the
unit.
As stated in the application, the four - bedroom unit was built in
1974 and is approximately 2,400 square feet, which classifies the
unit as a "bandit"" unit to be; deed restricted as an employee
dwelling unit. The applicant must also comply wth'Section 3-
S.13(b)(4)(A), (B) and (C) , added per a Code amendment enacted with
ordinance 91 -11, which states:
(4) The applicant shall, by deed restriction or o ther permanent commitment running with the
land (as approved by the Board), guarantee that the he
dwelling unit:
(A) Shall be required to be rented and be rented for periods of no less than 6 months.
Upon vacancy of the unit, a landlord is granted w days in which to locate a qualified tenant.
If no tenant Is placed by the landlord, the Housing Authority may rem the unit to a qualified
tenant.
(B) Shall not be occupied by the owner or members of the immediate famiy nor shall
it be used as a guest house or guest facilities.
(C) Maximum rental rates shall not exceed the Hawing Authority Category 3 level or
equivalent. Employees shall be qualified by APCHA as to employment only, and not
maximum income or asset limitation.
Prior to building permit approval, a signed and recorded Deed
Restriction must be completed. A copy of the required Deed
Restriction can be obtained from the Housing Office. This process
could take from three to four days. The Housing office must have
the recorded book and page number prior to building permit
approval.
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Dear ladies.
Tom Daley ordered briok,April 1973 for the houses he was
buildino in Emma. The following year we did Cues brioK work
on IhTis two houses on the ranch above carhondale now,_ouned by
Larry Piffer. (1.974)
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RESOLUTION OF THEHOARD or COUNTY
COMMISSIONERS Or PITRIN COUNTY, COLORADO, 862 "
GRANTING AN EXEMPTION FROM THE DEP- NITION
OF SUBDrvlsoN FOR THE SALE OF TH?.
STRANAHAN RANCH WITHIN THE CRYSTAL VALLEY
Resolution No. 80 -1-0
WHEREAS, George Stranahan (hereinafter *Applicant') is the owner
f land within the Crystal. River Valley
of approximately 454 acres o
in Pitkin County, Colorado, consisting of:
(a) a 20o acre non - irrigated pasture; and
(b) a 254 acre ranch commonly known as the Stranahan
Ranch (hereinafter "Ranch "),
all of which lies ,within the RS -30 zone district, and
WHEREAS, the Applicant proposes to subdivide the Ranch into
two parcels, consisting of 30.7 acre and 224 acre site, and
WHEREAS, the 30.7 . acre parcel is fully improved under. existing
.zoning, and the balance of the land. (including the 200 acre non-
irrigated pasture and remaining 224 acres within the Ranch) will be
encumbered with aconservation easement running to the benefit of
the Trust for Public Land, limiting future use to agriculture and
9 ranching purposes and prohibiting the following activities (among
;
other things):
(a) The subdivision or de facto subdivision of the ranch;
(b) The construction of any structures, except that
necessary to:
(1) maintain existing structures and improvements for
pasture or grazing and agricultural purposes i
(and, in the event of destruction of any or all
of said structures or improvements, to replace
them with structures of similar size, function,
capacity and situation);
(2) maintain and repair fences and gates and to .erect
such additional fences and gates as may be necessary
to permit grazing or agricultural uses;
(3) maintain, repair, enlarge, renovate, or replace the
house which presently exists on the homesite (provided 3..
that the house remains a single family residence);. and
.:'..,i
Y
(4) build, maintain, establish, repair or replace
O"N such improvements as may be apps ate and -*
conducive to single family habita' -on1 and,
WHEREAS, C.R.S. 1973, section 30 -28 -101 (d) provides that
the Board of County Commissioners may, by resolution, exempt from
the definition of subdivision any division of land if the Board
determines that such division is not within the intents and
purposes of the state statutory provisions relating to subdivision
.
control, and
WHEREAS, the Board has determired that, if the following
conditions are satisfied, the proposed subdivision of the Stranahan
Ranch be andhereby is determined to be outside the intents and
purposes, and need not comply with,,the subdivision regulations of
Pitkin County, Colorado:
(a) Applicant shall convey to the Trust for Public Lands
a conservation easement containing the limitations and
prohibitions recited above,.
(b) Applicant shall dedicate the Prince Creek Road as a
public right -of -way 30 feet either side of the center
line.
(c) Applicant shall prepare an exemption plat meeting Pitkin
County plating requirements and the satisfaction of
the County Engineer and County Attorney.,
(d) The exemption plat shall include approved language
dedicating the driveways to the public utilities in
accordance with the Land Use Code.
(e) Applicant shall submit water rights information for
referral and verification by the State Engineer.
(f) Applicant shall prepare and record a use and maintenance
agreement for the spring as well as an easement . for the
water line from the spring to the houses in a form to
be approved by the County Attorney. -
- 2 -
i
1
M383 ...'i,864,
Approved by the Board of County Commissioners of Piucin
County, Colorado, at its regular visaing on rlb.
1900.
BOARD OF COUNTY COMMISSIONERS ,.
OF PITRIN COUNTY. COLD "'
ATTESTS �4!
Sys
li.aa et G. Stewart a ae, R na ey
Deputy Clerk,.and Recorder Chairvian
APpj'0VED A$ TO FORK,
County Attorney
d
s
LAW OFFICES _
BROOKE A. PETERSON
A PROFESSIONAL CORPORAT16N TELEPHONE
BROOKE A. PETERS_ ON ^- - (3031 925 -8166
315 EAST HYMAN AVENUE
ROBYN J. SMERLING* ASPEN C6L6*Xb6 §161T FACSIMILE
u,z.r.N (303) 9251090
OF COUNSEL
ERIN FERNANDEZ HAZEN. P,C.'�
}ALSO ADMITTED IN NEW YORK
AND CONNECTICUT
August 24, 1993
"ALSO ADMITTED IN FLORIDA
AND DISTRICT OF COLUMBIA
City of Aspen /Pitkin Planning Office
301 S. Galena
Aspen, Colorado 81611
Attn: Ellen Sassano
Re: Barr Employee Dwelling Unit Review
Dear Ellen:
Please allow this letter to serve as application pursuant to
Section 3 -8.13 of the Pitkin County Land Use Code for approval of
the presently existing employee dwelling unit upon property
recently acquired by my clients, Gary K. Barr and Norma Barr. This
property is located in Pitkin County in the Cattle Creek area and
consists of approximately 29.31 acre parcel. There exists on that
parcel an employee dwelling unit containing four (4) bedrooms, and
being approximately 2,400 number of square feet in size, and
primary residence consisting of four (4) bedrooms of approximately
2,900 number of square feet in size is also present on the
property. The water supply for the caretaker unit is from a well
which services the property and a sewer is provided by virtue of a
septic system. This structure was built in 1974 as evidenced by
the letter from Mr. William C. Straus of Straus Masonry, a copy of
which is enclosed. The structure has been continually occupied by
residents of the valley since that period of time.
You will find enclosed seven (7) copies of the following: a)
site plan showing the existing structures and access in parking; b)
the deed showing Mr. and Mrs. Barr's ownership of this property; c)
a letter authorizing representation by this office of Mr. and Mrs.
Barr; d) the Pre- Application form; and e) list of adjacent land
owners. Lastly, you will find the application fee of Two Hundred
and Seven and 00 /100 Dollars ($207.00) enclosed.
This application is being made pursuant to Subsection E of
Section 3 -8.13 of the Pitkin County Land Use Code because this
detached unit was in existence prior to June 8, 1981. This unit
can not meet the requirements of Subsection B of Section 3 -8.13
because i) it exceeds the Fifteen Hundred (1500) square feet of
appropriate floor area; and ii) because of a lot line adjustment
City of Aspen /Pitkin Planning Office
August 23, 1993
Page Two
over a fence dispute, the parcel is .7 acres below the minimum lot
area in this zone district of thirty (30) acres. However, the unit
has been located in accordance with the standards Pitkin County of
Land Use code, and the applicant will commit to the deed re-
strictions contained in Section 3 78.13.
We believe this unit is also compatible with the existing
neighborhood, and that as the unit has been in existence for almost
twenty (20) years, it has posed no problem to the immediate
neighborhood.
Accordingly, we respectfully request approval pursuant to
Subsection E of Section 3 -8.13 of the Pitkin County Land Use Code.
The approval of this unit will not result'in crowding or constitute
of the neighborhood given the approximately twenty -nine (29) acres
upon which it is located, and given that the unit has already been
in existence for a substantial, period of time.
I appreciate your time and attention to this matter, _Should
you have any questions, please do not hesitate to contact me.
BAP /mlp
Encls.
cc: Gary and Norma Barr
c: \upfiLes \letters \barrcity.ltr
Very truly yours,
ADJACENT LAND OWNERS
BARR PROPERTY
MR. AND MRS. DAVID HICKS
100 VALLEY VIEW WAY
BOULDER, CO 80304
DR. AND MRS. WILMOR ALLEN
1215 COUNTY ROAD 111
CARBONDALE, COLORADO 81623
MR. RICHARD MCINTYRE
1625 COUNTY ROAD 111
CARBONDALE, CO 81623
1\
0
4k3586O4 07/08/93 1 6 Fec 9'l< c>i[ bt< 717 PG 24j
Silvia Davis, Pitkk.in Cnty Clert., Doc $75.00
QUIT CLAIM DEED
PITKIN EXCHANGE, INC., for the consideration of Ten Dollars
($10.00) and other good and valuable consideration, in hand paid
quit
(and other good and valuable cons int Tenantsndwhose
claims to GARY K. BARB and NORMA G. BARR, 81623 the
address is 1567 Country Road 111, Carbondale, CO
following real property in the County of Pitkin and State of
Colorado:
Legal Description attached as Exhibit "A" hereto
+,�•T7• �'4-k day of July, 1993.
yt ; Jgned this
PITKIN EXCHANGE, INC.
C!1
J•o rn °•2i' � � TI �
\ } t ? -' ` Joy S. yens, Pr 'de t
STATE OF COLORADO
) ss.
COUNTY OF PITKIN )
t h The foregoing instrument was acknowledged before me this
8 day of July, 1993, by Joy S. Higens,'as President of Pitkin
Exchange, Inc.
Witness my hand and official seal.
My commission expires: //- 5-f1.3
PC'\'' -'
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CAROL ANN JACOBSC) r''_'
RE����CV sup. ?, �
Data; my 20, 1993
TO; Brooke Pate
From .1e Farrow
RE: Barr Property
/ owners
a and a ranges O ts6'ad�a ant Fro Nimes
the /QGCAl 'IIi/✓!i OctJ
a follows: �Q a�� 0FtiPt1 CO 80304. f�'
y View Way Boulder, sadaCFriday
Mr. and Mrs. David Hicks, 100 Valley
1
r Allen, 1215 County Road 111, Carbondale. CO 81623,
Dr, and Mra. Wilma
Mr. Richard McIntyre, 1625 County Roed lll, Carbondale, CO 81623.
Shfl r�e�'t spy = —i41V
Pleaso ea ytcu �mcci —adds tie, _ —im °R'
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b06 E. HV \l: \N AV k. ASPL'N, Ct) xthli Cpl. 1it1\ I IeA ASPEK, Cll RIM2 101 vL5.2N11
PUBLIC NOTICE
RE: BARR EMPLOYEE DWELLING UNIT REVIEW
NOTICE IS HEREBY GIVEN that a publiohearing' will be held on
Tuesday, October 26, 1993 at "a'meeting to begin at 5:.00 p.m. before
the Board of County Commissioners, District Courtroom, 506 East
Main Street, Aspen, CO to consider an application submitted by Gary
& Norma Barr requesting approval of an approximately 2,400 detached
dwelling unit as a deed restricted Employee Dwelling Unit. The
property is located at 1567 County Road 111, Carbondale in Sections
14 & 15, Township 8 South, Range 88 West of the 6th P.M. For
further information contact Rick ry Magill at the Aspen /Pitkin
Planning Office, 130 South Galena Street; Aspen, 920 -5062.
s /Bill Tuite, Chairman
Board of County Commissioners
Published in The Aspen Times on September 24, 1993.
Pitkin County Purchase Order No. 301003.
ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920 -5090 FAX 920 -5197
MEMORANDUM
TO: County Attorney
Housing
Environmental Health Department
Zoning
FROM: Rick Magill, Planning Office
RE: Barr Employee Dwelling Unit
Parcel ID #2463- 142 -00 -007
DATE: September 1, 1993
Attached for your review and comments is an application submitted by Gary &
Norma Barr.
Please return your comments to me no later than October 1.
Thank you.
3PEN /PITKIN PLANNING OFFI
130 5. Galena Stieet
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5197
September 1, 1993
Brooke Peterson
315 E. Hyman, Suite 305
Aspen, CO 81611
Re: Barr Employee Dwelling Unit
Case #P118 -93
Dear Brooke,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete. Please submit $110 for referral.fees for
Housing and Environmental Health.
We have scheduled this application for review at a public hearing by the Board of County
Commissioners on Tuesday, October 26, 1993 at a meeting to begin at 5:00 P.M. Should this
date be inconvenient for you, please contact me within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to the schedule or tabling of the
application will only be allowed for unavoidable 'technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application
is available at the Planning Office.
Please note that it, is your responsibility mail notice to all adjoining landowners at least fifteen
(15) days in advance of the hearing by first -class mail, return receipt requested, and to post the
subject property with a sign within 15 days of the public hearing and to remove it from the
property within one week following the hearing. Please submit proof of mailing and a photo
of the posted sign as proof of compliance with the Code prior to the hearing.
If you have any questions, please call Rick Magill, the planner assigned to your case, at 920-
5062.
Sincerely,
a e Wolff
Administrative Assistant
�...edu
l
CASELOAD SUMMARY SHEET
PITKIN ' COUNTY
DATE RECEIVED: 08/24/93 CASE # P118 -93
DATE COMPLETE: PARCEL ID# 2463- 142 -00 -007
STAFF MEMBER: ES _
PROJECT NAME: Barr Employee Dwelling Unit
Project Address:
' ' _
APPLICANT: Gar & Norma Barr . _ 11
Applicant Address 1567 Count v Road 111
REPRESENTATIVE: Brooke Peterson
Representative Address /Phone' " - "315 E Hyman Suite 305
----------------
FEES:
PLANNING
$ 207.00 # APPS RECEIVED 7
ENGINEER
$ # PLATS
RECEIVED 7
HOUSING
$ t1D
D
ENV. HEALTH
$ S5 b0 itro
TOTAL
$
TYPE
OF APPLICATION: STAFF APPROVAL:
1 STEP: X 2 STEP: _
DRC MEETING DATE
P &Z MEETING DATE
PUBLIC HEARING:r- Y S NO
YE NO
BOCC
MEETING DATE
!0 3
PUBLIC HEARING:(
ESTIMATED TIME FOR
BOCC —T
REFERRALS:
Attorney
_Aspen Consol S.D.
School District
T
Engineer
_Rocky Mtn Nat Gas
_ USFS (Carbondale)
Housing
_Holy Cross
USFS (Aspen)
Aspen Water
_Aspen Fire
_ Div. of Wildlife
A
Envir.Hlth.
Fire
_ BLM
Manager
_Basalt
Carbondale Fire
Snowmass Village
Zoning
_Div. Water Res.
_ Caucus
Airport Mgr.
Forest Ser.
_ Caucus
Sheriff
_State
CO Geo.Survey
_ Homeowners
City P & Z
_State Hwy Dept.
Open Space Board
Building Dept
_Clean Air Board
Other:
DATE
REFERRED: I
! INITIALS: 5�V
DATE DUE:` >d 0
--
--------= ---- =- - -
RESOLUTION #:
- -- - - - -- - - - --
DATE.
PLAT OR SITE PLAN RECORDED AT BOOK PAGE(S)
FINAL ROUTING: DATE ROUTED: a
County Attorney County Engineer
Housing _Envir. Health
open Space Bd.
Other:
INITIAL:
Zoning
_ Applicant
FILED:
- Revised 04/06/93
( q3_
vW9 -q---s.