HomeMy WebLinkAboutLand Use Case.CU.777 Castle Creek Dr.A23-92f
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3 06 92 PARCEL ID AND CASE NO.
DATE COMPLETE: 2 2735 - 122 -06 -002 A23 -92
STAFF MEMBER: KJ
PROJECT NAME: Burton /Allen Conditional Use
Project Address: 777 Castle Creek Dr'v Aspen, CO 81611
Legal Address: C.0T)a(&
APPLICANT•_
CoApplicant:
REPRESENTATIVE:
Representative Address /Phone:
Aspen, CO 81611
--------------------------------------------------------------
PAID: YES NO AMOUNT: _$ Nf C NO. OF COPIES RECEIVED
__2L3 __
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P &Z Meeting Date PUBLIC HEARING:<:;Y:Ep NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval:
Insubstantial Amendment or Exemption
REFERRALS:
V
too
Paid:
Date:
Mtn Bell School District
Parks Dept. Rocky Mtn NatGas
Holy Cross State HwyDept(GW)
Fire Marshall State HwyDept(GJ)
Building Inspecto
Roaring Fork
Energy Center
DATE REFERRED: -�����
FINAL ROUTING:
Other��
INITIALS: [A � yt.� &
DATE ROUTED:
�INITIAL:� ��`�
U
City Atty City Engineer CZZoning _Env. Health
Housing Other
FILE STATUS AND LOCATION:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City
\ 1
Electric
Envir.Hlth.
r
Aspen Con.S.D
V
too
Paid:
Date:
Mtn Bell School District
Parks Dept. Rocky Mtn NatGas
Holy Cross State HwyDept(GW)
Fire Marshall State HwyDept(GJ)
Building Inspecto
Roaring Fork
Energy Center
DATE REFERRED: -�����
FINAL ROUTING:
Other��
INITIALS: [A � yt.� &
DATE ROUTED:
�INITIAL:� ��`�
U
City Atty City Engineer CZZoning _Env. Health
Housing Other
FILE STATUS AND LOCATION:
4356662 05/10/93 14:05 Rec $15.00 BK 711 PG 668
Silvia Davis, Piti -A n Cnty Clerk, Doc $.QO
ACCESSORY DWELLING UNIT DEED RESTRICTION
APPROVED PURSUANT TO ORDINANCE 60 (COTTAGE INFILL),
ORDINANCE ONE (HOUSING REPLACEMENT PROGRAM), AND
SECTION 5 -510 OF THE ASPEN CITY LAND USE CODE,
AND RESOLUTION #92 -21
THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and
entered into this 6th day of May, 1993, by Marvin O. Burton and
Douglas P. Allen, ( "Coventor ") for itself, its successors and
assigns, for the benefit of the City of Aspen, Colorado, a
municipal corporation, and the Aspen / Pitkin County Housing
Authority, a multi - jurisdictional housing authority established
pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
recorded in Book 605 at Page 751 of the records of the Pitkin
County Clerk and Recorder's Office ( "Authority ").
WHEREAS, Coventor owns that parcel of real property located at
777 Castle Creek Drive, in the City of Aspen, County of Pitkin,
Colorado, more specifically described as Lot 10, Castle Creek
Subdivision, upon which is situate a free market dwelling contained
within which is a 380 net liveable square foot studio accessory
dwelling unit ( "Unit "); and
WHEREAS, Coventor agrees to accept and impose certain
conditions on its use and occupancy of the Unit as an accessory
dwelling unit under the Aspen Municipal Code.
NOW, THEREFORE, in consideration of the mutual promises and
obligations contained where, the Coventor hereby covenants and
agrees as follows:
1. The Unit as identified hereinabove shall not be
condominiumized and, if rented, shall be rented only in
accordance with the guidelines as adopted and as may be
amended from time to time by the Authority governing
"resident- occupied" dwelling units.
2. Coventor need not rent the Unit; however, when rented, only
qualified residents, as defined in the Housing Guidelines,
shall reside therein and all rental terms shall be fore a
period of not less than six (6) consecutive months. Coventor
shall maintain the right to select the qualified resident of
its own choosing when renting the Unit. An executed copy of
all leases for the Unit shall be submitted to the Authority
within ten (10) days of the approval of a qualified resident.
3. The covenants and limitations of this deed restriction shall
run with and be binding on the land for the benefit of the
City of Aspen and the Authority, either of whom may enforce
the provisions thereof through any proceedings at law or in
equity, including eviction of non - complying tenants.
A
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#356662 05/10/93 14,05 Fec $15.00 8K 711 PG 669
Silvia Davis, Pit4:.in Cnty Cler4::1 Doc s.00
4. It is understood and agreed by the Coventor that no waiver of
a breach of any term or condition as contained in this deed
restriction shall be construed to be a waiver of any breach of
the same or other term or condition, nor shall failure to
enforce any one of the terms or conditions, either by
forfeiture or otherwise, be construed as a waiver of any term
or condition.
IN WITNESS HEREOF, Coventor has placed its duly authorized
signature hereto on the date as described above.
COVENTORS:
By:
. Burton
P. Anen
Mailing Address: 600 East Hopkins, Suite 302
Aspen, CO 81611
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of magi , 19 , by Douglas P. Allen. for Douglas P.
Allen and attorney in fact for Marvin O. Burton..
WITNESS MY hand and official seal.
My Commission expires: -/ 'r �Z 'A
Date
AUu L:
Op Cut..:
NoEary Pplic
2
fir"
1 #35666 05;10/93 14:05 Rec $15.00 BK: 711 PG 670
Silvia Davis, Pitkin City Clerk:, Doc $.00
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the
Aspen /Pitkin County Housing Authority.
THE ASPEN /PITKIN COUNTY
HOUSING ORITY
By .,
David Myl Chairman
Mailing Address:
530 East Main Street, Suite 001
Aspen, CO 81611
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this /0
day of m k 1913 , by David Myler.,. ....
•may
WITNESS MY hand and official seal.
My Commission expires:
Datejj // o 4T 1.' o c
Notary P lic
\work \dr \hurton.dr
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TO:
FROM:
RE:
DATE:
Planning and Zoning Commission
Kim Johnson, Planning Office
Burton -Allen Conditional Use for an Attached Accessory
Dwelling Unit
April 21, 1992
SUMMARY: Staff recommends approval of Conditional Use for the
Burton -Allen attached accessory dwelling unit with conditions.
APPLICANT: Marvin Burton and Douglas Allen
LOCATION: The parcel is at 777 Castle Creek Drive, Lot 10 of
Castle Creek Subdivision
ZONING: R -15
APPLICANT'S REQUEST: The applicant is requesting Conditional Use
approval to develop one attached accessory dwelling unit in
conjunction with the construction of a duplex. The studio -style
accessory unit will be 392 s.f. of net livable area and will be
located on the ground floor of the duplex. Please see Attachment
"A" for floorplans and building elevations.
STAFF COMMENTS: On the subject property there exists a single
family dwelling which will be demolished prior to construction of
the new duplex. Ordinance 1 requires replacement affordable
housing or cash -in -lieu for demolition of existing residences.
The application proposes an accessory dwelling unit in order to
comply with Ord.l. Prior to demolition of the existing home, the
applicant must verify square footage and number of bedrooms through
the Zoning Office.
The Commission has the authority to review and approve development
applications for conditional uses pursuant to the standards of
Section 7 -304:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located.
RESPONSE: This proposed unit will allow the property to house a
local employees in a residential area, which complies with the
zoning and Aspen Area Comprehensive Plan.
B. The conditional use is consistent and compatible with the
5
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
RESPONSE: The accessory dwelling use is compatible with the other
residential uses in the surrounding neighborhood. The unit will
not be visible as a distinct unit from the exterior of the duplex.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
RESPONSE: The accessory unit will be completely contained within
Unit A of the proposed duplex. A parking space is not required by
code for a studio accessory unit, but the applicant states that one
space will be designated on the property. The unit will access the
exterior on the north side of the house. Interior access is
provided. No other significant impacts are anticipated.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools.
RESPONSE: All public facilities are all ready in place for the
existing home and neighborhood.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
RESPONSE: The proposed deed restricted unit will satisfy the
Ordinance 1 requirements for duplex development. The applicant
must file appropriate deed restrictions for resident occupancy,
including 6 month minimum leases. Proof of recordation must be
forwarded to the Planning Office prior to issuance of any building
permits.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: This use complies with the Aspen Area Comprehensive Plan
and any other applicable conditional use standards.
Please Note: As this accessory dwelling unit is 100% above grade,
the main structure is eligible for floor area bonus as allowed by
Ordinance 1.
Section 8 -104 l.d. allows the Commission to approve accessory
dwelling units to be exempt from growth management competition.
This proposal qualifies upon approval of its conditional use
review.
STAFF RECOMMENDATIONS: The Planning Office recommends approval of
Conditional Use for a 392 s.f. attached accessory dwelling unit
for the Burton -Allen duplex with the following conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen / Pitkin County Housing Authority for approval. The units
shall be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Authority, the Owner shall
record the deed restrictions with the Pitkin County Clerk and
Recorder's Office.
2. Prior to issuance of any building permits for the duplex, a copy
of the recorded deed restrictions for the accessory dwelling units
must be forwarded to the Planning Office.
3. One parking space shall be provided on -site for each accessory
dwelling unit.
4. Prior to demolition of the existing residence, the applicant
shall verify its square footage and number of bedrooms with the
Zoning Official.
5. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by oth _qr conditions.
(0 • u a �, �a/ �;, �G ��.t Arc e„�
RECOMMENDED MOTION: I move o approve Conditional Use or a 392
s.f. attached accessory dwelling unit within the proposed Burton -
Allen Duplex at 777 Castle Creek Dr. with the five conditions /v1a,Ozn��
recommended in the Planning office memo dated 4/21/92
AA Attachments: "A" - Proposed Site Plan, Floorplans, and Elevations
Burton.Allen.memo
r�
ITRESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF THE BURTON -ALLEN CONDITIONAL USE REVIEW FOR AN ATTACHED
ACCESSORY DWELLING UNIT LOCATED AT 777 CASTLE CREEK DRIVE (LOT 10,
CASTLE CREEK SUBDIVISION)
Resolution No. 92 --2L
WHEREAS, the Planning Office received an application for a
Conditional Use for an attached accessory dwelling unit to be built
within a new duplex from Marvin Burton and Douglas Allen; and
WHEREAS, the 380 net livable square foot above -grade studio
accessory dwelling unit is being provided in accordance with the
housing mitigation requirements set forth in Ordinance 1, Series
1990, pursuant to the demolition of a single family residence at
that location; and
WHEREAS, the Planning Office reviewed the proposal and
recommended approval of the Burton -Allen Conditional Use with
conditions; and
WHEREAS, at a public hearing at the regular meeting of April
21, 1992 the Planning and Zoning Commission approved by a 6 -0 vote
Conditional Use for an attached accessory dwelling unit, amending
the conditions recommended by the Planning Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Burton - ALlen Conditional Use for a 380 s.f. above grade
attached accessory dwelling unit is approved with the following
conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen / Pitkin County Housing Authority for approval. The units
shall be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Authority, the Owner shall
record the deed restrictions with the Pitkin County Clerk and
Recorder's Office.
2. Prior to issuance of any building permits for the duplex, a copy
of the recorded deed restrictions for the accessory dwelling units
must be forwarded to the Planning Office.
3. One parking space shall be provided on -site for each accessory
dwelling unit.
4. Prior to demolition of the existing residence, the applicant
shall verify its square footage and number of bedrooms with the
Zoning Official.
5. The Accessory Dwelling Unit shall be clearly identified as a
separate dwelling unit on the building plans submitted for Building
Permit. The construction shall conform to Chapter 35 of the
Uniform Building Code for sound attenuation requirements.
6. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on April 21,
1992.
Attest:
Jan arney, Depu 7 City Clerk
2
Planning and Zonin commission:
Jasmine Tygre,
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MARVIN O. BURTON
Post Office Box 1224
Aspen, Colorado 81612
March 6, 1992
Aspen / Pitkin County
Planning Office
Attention: Kim Johnson
130 South Galena
Aspen, Colorado 81611
Re: 777 Castle Creek Drive, Aspen, Colorado
Lot 10, Castle Creek Subdivision
Dear Ms. Johnson:
We are enclosing with this letter the following:
DOUGLAS P. ALLEN
530 East Main Street
Aspen, Colorado 81611
MAR - 61992
00
1. Application for a Conditional Use Permit for an Accessory Dwelling Unit (ADU)
accessory to the duplex on the above lot.
2. Policy of title insurance showing ownership of the subject parcel to be in the names
of applicants herein -- Douglas Allen and Marvin Burton. There is currently one loan
encumbering the property in favor of Pitkin County Bank. Our telephone number and address
for the purpose of this application is 530 East Main Street, Aspen, Colorado 81611, phone 925-
8800. The street address of the parcel is 777 Castle Creek Drive, Aspen, Colorado 81611.
3. An 8 -1/2 x 11 vicinity map showing the location of the subject parcel within the City
of Aspen.
4. Site plan prepared by surveyor (current certification on plan) and architect --J. R.
McCarthy (925- 1996).
5. Floor plan showing the location and dimensions of the ADU.
6. The North elevation of the duplex - -Units A and B, showing the entrance to the ADU.
7. List of property owners within 300 feet of the subject parcel.
Aspen /Pitkin County
Planning Office
Attention: Kim Johnson
March 6, 1992
Page 2
8. The conditional use applied for is consistent with the purposes, goals, objectives, and
standards of the Aspen Area Comprehensive Plan and with the intent of the zone district as
determined by the City Council of the City of Aspen as set forth in both the purpose and
enactment provisions of Ordinance 1, Series of 1990. In said Ordinance the City Council did
determine that the most equitable method of providing for mitigation of negative impacts of
residential development applications for duplex units was to prevent the exclusion of working
residence from the City's neighborhoods. With that goal in mind, the Ordinance provides for
the construction of an "accessory dwelling unit" within such newly constructed duplex.
Thus, the construction of such unit within the duplex not only is consistent with legal
requirements but minimizes adverse visual impacts as you will note that although the unit has
a separate exterior entrance at grade, it is well integrated into the overall design to give the
impression of an entry to a single- family or duplex residence. Off street parking is also
provided. This is the type of conditional use that does not generate any need for increased
employees but rather provides housing for existing employees. There exist presently adequate
public facilities and services to the site to comply with all review standards of the City.
Enclosures
LTUNOOS
MD Use AP MOUTON FPM
1) r,mjoctmo Burton -Allen Duplex
2) project Location 777 Castle Creek Drive: Lot 10, Castle Creek
Subdivision.
(indicate street address, lot & block number, legal description where
appropriate)
3) Present Zan"14
5)
6)
R -15
Applicant's Name, Address & phone S Marvin 0
'Douglas P. Allen at 925 -8800.
4) Lot Size
19;732 sq ft
Burton at 920 -2560.
Representative's Nam Address & Pbone S Same as in 5 above.
7) Type of Application (please check all that apply) :
xv Oxxliti_onal Use Oxceptual SPA Oral Historic Dev.
Special Review
8040 Qeenil_ine
Final SPA
Final. PUD
Ya urtain View Plane _ Subdivision
Nrrkminiumization- _ TexVMap Amer t
_ rot Split,/lot Luce
Adjustment
Final Historic Dev-
Minor Historic Dev-
Historic DUMOlitiOtl
Historic DesigreL'ion
(Z6 Allotment
W."•. 0.121.• M
One existing single- family residence of approximately 1,700 sq
ft with three
9) Description of Development Application
Duplex residence with one accessory dwelling unit.
lo) !lave you attar od the followirW-
yes pe� to Attadmrett 2, Minimum SLAxd —+iOn OOntC11ts
yes rtasorr-,e to Attadmient 3, Slxrcific Su1mi,— ion COntenL:
yes pesponse to Attactment 4, Review Standards for Your Application
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MARVIN O. BURTON
Post Office Box 1224
Aspen, Colorado 81612
Cindy Christensen
Administrative Assistant
Aspen /Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
DOUGLAS P. ALLEN
530 East Main Street
Aspen, Colorado 81611
Re: Burton /Allen Conditional Use Review for an Accessory Dwelling Unit - -Case A-
23-91
Dear Cindy:
Enclosed is the list of property owners within 300 feet of the above subject parcel. Also
enclosed are three copies of the dimensional floor plans of the accessory dwelling unit as
requested by you.
We have mailed copies of the public notice to all of those property owners shown on the
enclosed list of property owners.
Please correct your file records to reflect the correct address as /777 Castle Cre @k Drive.
A P J)
DPA /pjh
Enclosure
cc: Marvin O. Burton
LMkO37
Castle Creek Subdivision Lot 7
Frasher Ann Hudson
Post Office Box 7967
Aspen, CO 81612
Castle Creek Subdivision. Lot 8
Carol Ann and Donald W. Kopf
Post Office Box 956
Aspen, CO 81612
Castle Creek Subdivision, Lot 9
James M. and Carolyn A. Cerise
790 Castle Creek Drive
Aspen, CO 81611
Castle Creek Subdivision. Lot 11
Donna Kay Rowlands
770 Cemetery Lane
Aspen, CO 81611
Castle Creek Subdivision, Lot 12
John E. and Cynthia A. Callahan
790 Cemetery Lane
Aspen, CO 81611
West A=n Subdivision Filing IA. Lot 3
Joseph M. and Judith L. Zanin
00308 McSkimming Road
Aspen, CO 81611
West Armen Subdivision Filing 1 Lot 4 Unit 1
Robert P. Winchester
Post Office Box 5000
Snowmass Village, CO 81615
West Aspen Subdivision. Filing 1. Lot 4. Unit 2
Joachim J. and Renate F. Weimann
775 Cemetery Lane
Aspen, CO 81611
West Agen Subdivision, Filing 1. Lot 5
Golden Condominiums Unit 1
Henry and Ellen Goldsmith
793 Cemetery Lane
Aspen, CO 81611
West Armen Subdivision, Filing 1. Lot 5
Golden Condominiums Unit 2
Edward Schwarz
135 South LaSalle Street, Suite 2035
Chicago, IL 60603
Sams Condominiums. North Unit
James and Mary Hokanson
Post Office Box 189
Reedsburg, Wisconsin 53959
Sams Condominiums, South Unit
Ore Bucket Associates
c/o Robert T. Connery
Holland & Hart
Post Office Box 8749
Denver, Colorado 80201
Horan Condominiums, Unit A
J. L. Pardee
Post Office Box 4153
Aspen, CO 81612
Horan Condominiums, Unit B
Gary S. Esary
Post Office Box 8725
Aspen, CO 81612
Lot 8. West Aspen Subdivision. Unit 1
Jean, John, Nina, and Judith Amabile and Mary Bash
Post Office Box 10546
Aspen, Colorado 81612
Lot 8. West Asoen Subdivision. Unit 2
Marilyn C. Beer
Suite 1003
612 Abe Lincoln Court
Arlington, Texas 76011
Transaeternitates Condominiums, Unit 1
Betsy P. Black
Post Office Box 3904
Aspen, CO 81612
Transaeternitates Condominiums, Unit 2
Benton G. Smith
825 Cemetery Lane
Aspen, CO 81611
Keystone West Condominiums. Unit 1
John B. Stege
Post Office Box 8355
Aspen, CO 81612
Keystone West Condominiums. Unit 2
Lelia T. Stege
Post Office Box 8355
Aspen, CO 81612
810 Cem=Z Lane Condominiums, Unit A
Eve Homeyer
810 Cemetery Lane
Aspen, CO 81611
810 Cemetery Lane Condominiums. Unit B
Robert P. Winchester
Post Office Box 5000
Snowmass Village, CO 81615
RE \249.03032
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