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Pitkin County commissioners debate caretaker‑dwelling size, housing mitigation and enforcement
Summary
At the Dec. 16 work session staff proposed allowing caretaker dwelling units up to 1,500 sq ft and reiterated the county's impact-fee authority; commissioners pressed for stronger deed‑restriction enforcement and incentives to convert mitigation fees into actual housing.
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Planning staff presented revisions to the community-housing section, including a recommendation to allow caretaker dwelling units (CDUs) of up to 1,500 square feet, increased from the current 1,000-square-foot standard, to better accommodate small families.
The session included an extended exchange about mitigation for affordable‑housing impacts. Staff reiterated that state statute and the county’s adopted impact‑fee regime set the legal framework for housing mitigation and that the draft policy continues to require fees while allowing partial payment through alternatives such as on‑site or off‑site built housing or credits with municipalities.
Commissioner Debbie raised enforcement concerns, asking whether units built to incentivize housing might simply become guest houses or offices unless deed restrictions and occupancy requirements are enforced. "Can these units then be deemed restricted?" she asked, noting experience in other jurisdictions where incentivized units did not remain occupied as housing.
Commissioner Suzanne and other commissioners emphasized that development should "pay its own way" and that impact fees remain an important tool. Staff and the county attorney's office, staff said, have advised retaining the fee framework while exploring incentives and credit programs that could encourage built housing as an alternative to cash‑in‑lieu payments.
What happens next: Staff said these policy recommendations will feed into the code‑update process. Enforcement mechanics, deed‑restriction language and any incentive structures will be developed during code drafting, program design and public hearings.
"a standard to allow CDUs of up to 1,500 square feet," Ellen said during the presentation, noting the change responds to public comment to accommodate small families.

