HomeMy WebLinkAboutLand Use Case.CU.534 Spruce St.66A-89534
Bennett Conditional Use Review
2737-074-10-030 66A-89
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED; 6 20 89
DATE COMPLETE : _ \ g S PARCEL ID AND CASE No.
2737-074-10-030 66A-89
STAFF MEMBER:
PROJECT NAME: Bennett Conditional Use Project Address: 534 S ruce Street Review
Legal Address: r,,+- ->
- - "11�x Jul Williams Addition
APPLICANT: Mick Bennett
Applicant Address: 534 S nice Street
Aspen, CO 0-1135
REPRESENTATIVE: Same
Representative Address/Phone:
PAID: YES NO AMOUNT
N--A _ NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION:
1 STEP: _ 2 STEP:
P&Z Meeting Date ---
PUBLIC HEARING: yES NO
VESTED RIGHTS: YES
CC Meeting Date
PUBLIC HEARING: YES
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
REFERRALS:
City
Attorney
- A City
Engineer
Housing
Dir.
Aspen
Water
City Electric
Envir.
Hlth.
Aspen
Consol.
S.D.
DATE REFERRED;
FINAL ROUTING:
City Atty
Housing
YES
NO
NO
NO
Paid: _
Date:
Mtn. Bell School District
Parks Dept. Rocky Mtn Nat Gas
Holy Cross State H
wy
Fire Marshal State H y Dept (GW)
Building Ins ecto �"'Dept (GJ)
P L �1-�a�
Roaring Fork Other
Energy Center
INITIALS:
DATE ROUTED: %O o�S � INITIAL:
City Engineer ✓ Zoning Env. Other: Health
FILE STATUS AND LOCATION: ,P
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On Williams
September Addition
approved 5' 1989 the Aspen Planning
conditions: the Bennett conditional and Zoning
use with g commission
the following
1• Prior final
Building Department the inspection by the
with applicant Zoning Official and the
a Plan for the existing must provide the
livable square g unit Housing office
footagell, for and calculations of 'net
prepare a deed for
our records. exact
be filed prior to acceptable to the Further, they must
applicant will be issuance of any building Permit.
Authority to
for the unit apply required to have any and all Finally, the
Housing Authority qualification potential tenants
shall so y prior to Occupancy and verification
state. Panty and the deed restriction
the
2• Prior to final
Building Department inspection
improvement the applicant
the Zoning official and
districts and dedicate a 41X4agree to the
ljl/bennett Pedestaleasement.any
5
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner
RE: Bennett Conditional Use
DATE: September 5, 1989
SUMMARY: The applicants seek to convert their bandit unit into
an accessory dwelling unit. Pursuant to Section 5-510, a bandit
unit may be converted to an accessory dwelling unit as a
conditional use requiring review from the Planning and Zoning
Commission. The Planning Department recommends approval of this
conditional use.
APPLICANT: Mick and Jan Bennett
LOCATION: 534 Spruce Street, The Williams Addition, City of
Aspen
ZONING: R-6
APPLICANT'S REQUEST: Convert the bandit unit into an accessory
dwelling unit.
REFERRAL COMMENTS:
Fire Marshall: No comment.
Building Department: In a memo dated August 18, 1989, the
building department indicated that an inspection of the bandit
unit found the unit is compliance with the code. The unit has no
Life/Safety problems. Please see the attached copy of inspection
report.
Engineering: In a memo dated August 1, 1989, the Engineering
Department, after a site visit and review of the application has
the following comments:
a. Improvement district - the applicant should agree to join any
future improvement districts.
b. Easement - we would like a 41x4' pedestal easement.
Housing: In a memo dated August 7, 1989, Janet Raczak
recommended that the applicant provide the Housing Office with a
plan for the existing unit, and calculations of exact "net
livable square footage", for our records. Further, they must
prepare a deed restriction acceptable to the Housing Authority to
be filed prior to issuance of any building permit. The applicant
can contact the Housing Office for assistance in preparing such a
•
deed restriction. Finally, the applicant will be required to
have any and all potential tenants for the unit apply for
qualification and verification by the Housing Authority prior to
occupancy and the deed restriction shall so state.
STAFF COMMENTS: Currently there is a 1659 square foot 3 bedroom
unit with a 750 square foot bandit unit on a 7500 square foot
site. Ordinance 11, Series of 1989, amended the R-6 zone
district to allow a duplex on a 7500 square foot lot if the lot
was subdivided and annexed subsequent to January 1, 1989. The
applicants wish to add a duplex unit onto their existing single
family. In order to proceed with their development proposal the
bandit unit must be either eliminated or converted into an
accessory dwelling unit. The applicant has elected to convert to
an accessory dwelling unit.
Section 5-510 A & B of the Land Use Code enables the conversion
of a bandit unit to an accessory dwelling unit as a conditional
use.
An accessory dwelling unit, containing not less than 300 square
feet, shall be deed restricted as a Resident Occupied Unit and be
rented for periods of six months or longer.
Section 7-304 outlines the review criteria for a conditional use:
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: According to the application, when the Williams
Addition was annexed the Planning and Zoning Commission and the
City Council considered two zoning designations, they were R-6
and RM/F. RM/F because of the proximity to Hunter Creek and
Centennial Apartments. The R-6 zone was decided upon to better
preserve the character of the neighborhood. The R-6 zone is
described as a moderate density residential zone district. It
was noted at the time of rezoning, that the surrounding high
density may warrant, in some cases, multiple family residences in
the Williams Addition.
The conversion of the bandit unit to an accessory dwelling unit,
instead of eliminating it, corresponds with the City's goals to
provide affordable housing in all parts of the city and to
preserve the existing housing that is available at affordable
rates.
B. The conditional use is consistent and compatible with the
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
01
the parcel proposed for development.
RESPONSE: The applicant submits that duplexes and bandit units
are the "norm" of the neighborhood. The property is surrounded
by multiple family units. The applicant also believes that they
are creating a well -kept dwelling in the midst of older, but not
historic dwellings.
At the time of annexation and rezoning the Williams Addition
property owner's were concerned about the ability to build
duplexes. Owners of existing duplexes were concerned about
becoming nonconforming. Ordinance 11 now provides the ability
for owners to develop duplexes on a 7500 square foot lot.
Ordinance 7, Series of 1989, requires that duplexes being built
in the RM/F and Office zones provide either a middle income unit
or two accessory dwelling units. Staff is working on an
ordinance that will extend this concept to all residential zones.
The provision of an accessory dwelling unit within a duplex is
compatible with the surrounding area and the City's proposed
duplex legislation.
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 proposed accessory dwelling unit is contained
entirely within the existing single family structure. The unit
has been occupied for several years. As noted by the building
department the accessory dwelling unit complies with code and
satisfies Life/Safety issues.
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: The accessory unit was created out of one bedroom, one
bath and the family room of the original unit. No new public
facilities were required for this additional unit.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
RESPONSE: Not applicable. By converting the bandit unit into an
accessory dwelling unit the applicant is preserving affordable
housing.
3
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: The total proposal complies with all the dimensional
requirements of the Land Use Code. The Code also enables the
development of a duplex on this size of lot. Most importantly,
rather than eliminant the bandit unit in order to build the
duplex, the applicant is maintaining the affordable housing on
site which is a priority of the City.
RECOMMENDATION: The Planning Office recommends that the Planning
and Zoning Commission approve the conditional use with the
following conditions:
1. Prior to final inspection by the Zoning Official and the
Building Department the applicant must provide the Housing Office
with a plan for the existing unit, and calculations of exact "net
livable square footage", for our records. Further, they must
prepare a deed restriction acceptable to the Housing Authority to
be filed prior to issuance of any building permit. Finally, the
applicant will be required to have any and all potential tenants
for the unit apply for qualification and verification by the
Housing Authority prior to occupancy and the deed restriction
shall so state.
2. Prior to final inspection by the Zoning Official and the
Building Department the applicant shall agree to join any future
improvement districts and dedicate a 41x4I pedestal easement.
ljl/bennett
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ASPEN*PITKIN W—GIONAL BUILDING OE;fRTMENT
7 4 aO3/S20-6440
130 South Galena
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Aspen, Colorado 8 16
BUILDING INSPECTION CHECK LIST
Partial Complete Permit No.
r STEEL (REBAR) ELECTRIC
PLUMBING MECHANICAL BUILDING
Footings
Constr. Service
Underground
Rough
R-Frame
Cassions
Underground
Waste & Vent
Flue(s)
Insul.
Wall
Rough
Water Pipe
F.P. Flue(s)
Drywall
Wall Cores
Perm. Service
Gas
Combust. Air
Special
Struct. Slabs
Final
Final
Final
Mobile Home
Damp Proof
Fire
Air Cond.
Final
Sprinklers
Foun. Insul.
Kitch. Hood
Zoning
,i,
Found. Drain
Accepted Accepted as Noted Reinspection Fee $30.00 Yes No I No. Bdrms.
paicartari Yni, are ordered to make the following corrections on the construction which is now in progress.
Instructions to Inspector Lk 4 4/ i z
Kitchen Tub Shower_ Lay. W.C. Ice _ W. Bar Tub/Shower Jacuzzi
Bidet Floor Drain Laundry Clothes Washer Hot Tub D.W. Jacuzzi w/Shower
_ Cit County Time of Arrival Time of Departure
Address �r� �� Phone Job �� �� Office
Subdivision Request Rec'd
Datq Time Name
Contractor Reques for T W(`I`H F A.MP.M. 'me
Owner Y VI G Date Insp. 8 Inspector
Independence Press, Inc. Rev 1 1/n8
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•
I„1 D1„CO) .i:\ 2I Dili V,
TO: City Engineer
Housing Director
Fire Marshal*
Building Inspector*
FROM: Leslie Lamont, Planning Office
RE: Bennett Conditional Use Review
Parcel ID# 2737-074-10-030
DATE: July 19, 1989
----------------------------------------
----------------------------------------
Attached for your review and comments is an application from Mick
Bennett requesting Conditional Use Review approval for an
existing accessory dwelling unit.
Please review this material and return your comments no later
than August 18, 1989. Thank you.
*A life/safety inspection is needed since the applicant is
seeking to "legalize" an existing unit. Please detail any
recommended upgrades you feel are needed. Thank you.
MEMORANDUM
TO: Leslie Lamont, Planning
FROM: Janet Raczak, Housing
RE: Bennett Conditional Use Review
DATE: August 7, 1989
PROPOSAL: The applicant, Michael A. Bennett, currently owns a home
at 534 Spruce Street, Lots 3 and 4, Block, 10, Williams Addition,
Aspen, which contains two units, a 1650 s.f. 3 bedroom unit and a
750 s.f. "bandit" unit. The applicant is requesting approval to
legalize the existing "bandit" unit by converting it into an
"Accessory Dwelling Unit" and adding an additional 1600 s.f. unit.
The total project would then contain, a 1600 s.f. 3 bedroom unit,
a 1650 3 bedroom unit and a 750 s.f. accessory dwelling unit.
DISCUSSION: Section 5-510 Accessory Dwelling Units, of the City
Code (Ordinance 47) states:
"The Accessory Dwelling Unit shall contain not less than 300
square feet of net livable area and be located within or
attached to a principal residence. It shall meet the
definition of a Resident Occupied Unit and be rented for
periods of six months or longer. The owner of the principal
residence shall have the right to place a qualified employee
or employees of his or her choosing in the Accessory Dwelling
Unit."
The applicant indicates that the unit contains 750 s.f. and
therefore meets the requirement that it contain not less than 300
s.f. of net livable area. Further, the applicant contends that the
structure is currently a duplex unit which consists of the "bandit"
unit and an 1650 s.f. 3 bedroom unit. Therefore, the unit is
located within or attached to a principal residence.
The Code further states, in Ordinance 47:
"Resident Occupied Unit means any dwelling unit which is
limited, by deed restriction or other guarantee running with
,:he land, to occupancy "but not to price or income
limitations) by qualified employees in Pitkin County, meeting
the guidelines or approval of the City Council's housing
designee. When considering granted approval to an individual
not meeting the guidelines as a qualified employee, the
ho-using designee shall take into account the length of
1
•
•
residence of the individual in the community, and the place
where he or she votes and pays personal income taxes."
Therefore, the applicant is required to deed restrict the existing
bandit unit guaranteeing that the occupancy of the unit will be
held by a qualified employee of Pitkin County according to the
Housing Guidelines. The unit is not, however, limited with respect
to price or income.
RECOMMENDATION: The applicant must provide the Housing Office with
a plan for the existing unit, and calculations of exact "net
livable square footage, for our records. Further, they must
prepare a deed restriction acceptable to the Housing Authority to
be filed prior to issuance of any building permit. The applicant
can contact the Housing Office for assistance in preparing such a
deed restriction. Finally, the applicant will be required to have
-_iy and a 1. potential tenants for the unit apply for qualified and
verification by the Housing Authority prior to occupancy and the
deed restriction shall so state.
EENNETT.LUA
ASPEN PITKIN REGIONAL BUILDING%EPARTMENT
TO: Leslie Lamont
Planning Office
FROM: Gary Lyman 14= --
Chief Building Official
RE: Bennett Conditional Use Review
DATE: August 18, 1989
The Building Department has inspected the bandit unit in question
and finds that it complies with code. The unit has no Life
Safety problems. See attached copy of inspection report.
AUG I l
130 South Galena Aspen, Colorado B1611 303/920-5440
•
•
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Elyse Elliott, Engineering Department
Date: August 1, 1989
Re: Bennett Conditional Use Review
After reviewing the above application and making a site
inspection, the Engineering Department has the following
comments:
Improvement district - the applicant should agree to join any
future improvement districts.
Easement - we would like a 4' x 4' pedestal easement.
Parking - there does not appear to be any on -site parking spaces.
The applicant should demonstrate that there is room available and
access for parking for the new building permit.
Drainage - the applicant must prove that the historic drainage
has not been altered for the new duplex that will be constructed.
Drywells will probably be necessary.
0
•
MEMORANDUM
TO: City Engineer -
Housing Director
Fire Marshal*
Building Inspector*
FROM: Leslie Lamont, Planning Office
RE: Bennett Conditional Use Review
Parcel ID# 2737-074-10-030
DATE: July 19, 1989
Attached for your review and comments is an application from Mick
Bennett requesting Conditional Use Review approval for an
existing accessory dwelling unit.
Please review this material and return your comments no later
than August 18, 1989. Thank you.
*A life/safety inspection is needed since the applicant is
seeking to "legalize" an existing unit. Please detail any
recommended upgrades you feel are needed. Thank you.
•
July 5, 1989
To Whom It May Concern-,
We hereby
proclaim thc,_ we have occupied the "Pandit Unit" at 53�
Spruce Street, Aspen C_;lorado since September 1987.
Thomas H. Eckstein ate Donna Watkins d4tej
1
* USE APPTXCATION F RK • �' i
1) Project Name COOP i i J LJD I ex
2) Project Location L/ 10 r t t �I r e c y v c
l to C
(indicate street address, lot & block number, legal description where
appropriate)
3) Present Zoning ' l� CA 4) Lot Size
5) Applicant's Name, Address & Phone #
5 trrc %� c flt
6) Representative's Name, Address & Phone # �c c �� • �, h C�
7)
Zype of Application
(please check all that apply):
Conditional Use
Conceptual SPA
Conceptual Historic Dev.
Special Review
Final SPA
Final Historic Dev.
8040 Creenline
Conceptual PUD
Minor Historic Dev.
Stream Margin
Final PUD
Historic Demolition
Mountain View Plane
Subdivision
Historic Designation
Oandcmti n i um i zation
Text/Map Amex rbnent
CAS Allotment
Lot Split/Lot Dine
GMQS lion
Adjustment
8)
Description of Fscisting
Uses (nm )er and
type of exititing structures;
apprco mate sq. ft.
; rimer of bedrooms; any
previous approvals granted to the
PAY) -
D sa6�� rod�v, ► ra
9) Description of Development Application
�t ` c cCSS Cro we h
LA2 -LI C L 142. 1JI C4L( Ji42L At. I'e Sor 4
rII,�r llI'"r IJ�1,i dh V�e � L, JJI' � 6 SJr - J
10) Have you attached the following?
V Response to Attachment 2, Minimum Submission scion Contents
v Resp�e to Attadmient 3, Specific S<&Zni ssion Contents
v Response to Attactment 4, Review Standards for Your Application
Aspen Planning and
1Tt> S. Galena
Aspen CO 81611
Dear Sirs:
Zoning Commission
Attached is my application to convert a Bandit Unit in my home at
534 Spruce Street into an Accessory Unit. In addition I have
submitted plans to the Building Department to add a second unit
onto my existing home. The second unit is a permitted use in the
R-ba Zone district and is therefore not part of this application.
I intend to act as owner/builder for the new addition and I am
acting on my own behalf for this application as well.
It is my understanding that Bandit units that were occupied
before January 1989 can be converted into Accessory Units and
this proposal therefore complies with all substantive
development review standards relative to this application.
The property is located at:
5'4 Spruce Street
Lots & 4, Block 10 Williams Addition
Aspen, Colorado
Sincere y, •�1
J Nti�ll�y�
Michael A. Bennett
534 Spruce Street
Aspen CO 81611
92C )-1 136
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in ' No .
Rcording Requested By:
When Recorded Return to:
o'clock _.m.
Recorder
GENERAL WARRANTY DEED
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MARGARET B. COCHRAN, WILLIAM W. COCHRAN II, and BONNIE
C. COCHRAN for Ten Dollars ($10.00) and other good and valuable
considerations, in hand paid, hereby sell and convey to MICHAEL
A. BENNETT and JANICE E. BENNETT, not as tenants -in -common but in
joint tenancy, whose address is 415 Pearl Court, Aspen, Colorado
81611, all of their interest in the following real property in
the County of Pitkin, State of Colorado described as follows:
Lots 3 and 4, Block 10, Williams Addition to the City
and Townsite of Aspen
with all its appurtenances and warrants title to the same,
SUBJECT TO AND EXCEPTING: General taxes for 1987 payable January
1, 1988; the effect of inclusions in any general or specific
water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement
area; right of the proprietor of a vein or lode to extract and
remove his ore therefrom, should the same be found to penetrate
or intersect the premises hereby granted, as reserved in United
States Patent recorded December 24, 1902 in Book 55 at Page 116;
and easement and right of way for water pipes or mains and for
electric lines or poles as granted in instrument recorded January
20, 1887 in Book 29 at Page 582. ,
Signed this —0 day of J1987.
MARGARET B. COCHRAN
BONNIE C. COCHRAN
STATE OF )
) ss
COUNTY OF �dAj y )
WILLIAM W. CbCTRAN, II
STATE DOCUMENTARY FEE
AUG 6ON .
18.90 1
The foregoinq instrumen
this 3 p day of 1987
WITNESS my hand ah / offici
My commission expires: %Pf
ry P
•�+yam
acknowledged be€oxa :me.-
Y
seal. IV, (10't'ArL- l
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SCHEDULE B
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Policy No.: 0 9902 118350
This policy does not insure against loss or damage by reason of the following:
I . Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
6. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street
improvement area.
7. Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, as reserved in United
States Patent recorded December 24, 1902 in Book 55 at Page
116.
8. Easement and right of way for water pipes or mains and for
electric lines or poles as granted in instrument recorded
January 20, 1887 in Book 29 at Page 582.
9. A Deed of Trust dated July 30, 1987, executed by Michael A.
Bennett and Janice E. Bennett, to the Public Trustee of Pitkin
County, to secure an indebtedness of $170,000.00, in favor of
Thatcher Mortgage Company, recorded August 6, ;.987 in Book 543
at Page 323 as Reception No. 291745.
STENVALIT TITLE
Page GUARANTY COMPANY
1613 (20M 12-83)
knowledge shall come to an insu ereunder of any claim
of title or interest which is advePso the title to the estate
ALTA OWNER'S POLICY •
y �� ai u ex eases mcu rrea u to the
time of such pa m r tender of payment, by the insured
claimant and rized by the Company.
SCHEDULE A
Order No.: Policy No.: air)` _?35p
Date of Policy:_, ; . _: _87 _ Amount of Insurance: $ _u9, 000. 00
1. Name of Insured: �1c r� 7�
Ila
2. The estate or interest in the land which is covered by this policy is:
3. Title to the estate or interest in the land is vested in:
4. The land referred to in this policy is described as follows:
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Aspen 31611
303--925--3577
CODE 0012 (Rev. 6187) Pave 2
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NORTH ANNEXATION
TO THE CITY OF ASPEN
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200 Sots 400
E I1KNT
NER. A REGISTERED LAND SURVEYOR IN THE STATE Of COLORADO,
4T THIS ANNEXATION WAS PREPARED UNDER MY SUPERVISION
F ASPEN, COLORADO. FROM RECOROEO DOCUMENTS IN THE
►ITSIN COUNTY CLERN AND RECORDER. THAT TNIS PLAT DOES
• FIELD SURVEY OF THE PROPERTY SHOWN AND THE
)TIN HEREON IS CORRECT TO THE BEST OF My ANOIRLEDGE
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ANNEXATION
SOUT», A.D; CITY OF ASP
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CITY F ASPEN APPROVAL
THIS WILLIAMS ADOOT1014 ANNEXATION WAS APPROVED BY THE CITY COU
CITY Of ASPEN, PITRIN COUNTY, CO LO RA0O By ORDINANCE NO S�L-/f
PASTED THE tiVwi C,AT OF iN THF. YEAR Ift?
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RESPONSE TO ATTACHMENT 4
Review Standards: Development of Conditional Use
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
When the Williams Addition was annexed the Planning and Zoning
Commission and the City Council considered two zoning
designations. They were R-b and RM/F. RM/F was considered
because of the Williams Addition's proximity to the Hunter Creek
and Centennial Apartments. Due to the high density in the area,
it was thought that RM/F might be an appropriate designation.
The R-b zone designation was decided upon instead to keep the
character of the neighborhood as it was. It was noted at that
time, however, that the surrounding density was very high and
multiple family residences might be appropriate in some cases.
The Bennett Duplex Proposal of two units plus one accessory unit
would seem to fit the goals of the Planning and Zoning Commission
and the Aspen Area Comprehensive Plan. It would also keep the
current residential character of the neighborhood intact.
B. The conditional use is consistent and compatible with the
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;
Duplexes and bandit units are the norm for this subdivision. The
property is surrounded on all sides by multiple dwellings
contained on the same lot. The Bennett Duplex Proposal is in
keeping with the character of the neighborhood. Further, it
enhances the neighborhood in that it creates a new well -kept
dwelling in the midst of a neighborhood of older (but not
historic) dwellings.
• •
• •
C. The location, size, design, and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrians and
vehicular circulation, parking, trash service delivery,
noise, vibrations, and odor on surrounding properties.
Response:
The proposed accessory unit is contained entirely inside the area
that would otherwise be included in Unit 1 of the proposed
duplex. The proposed duplex is an allowed use in the R-6a Zone
District and is therefore not a factor in this conditional use
application. The accessory unit, therefore, has no impact on the
surrounding properties other than those which exist already.
D. There .are adequate public facilities and services to serve
the conditional use including but not limited to roads,
potable water, sewer, solid wastes, parks, police, fire
protection, emergency medical services, hospital and medical
services, drainage systems, and schools.
Response•
The proposed accessory unit was created from one bedroom, one
bathroom, and a family room of the unit that contains it. The
addition of one or two people that will occupy the accessory unit
is offset by one or two people that can no longer occupy the
other unit. The net effect is the same on public facilities and
services.
E. 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:
The Aspen Area Comprehensive Plan includes the creation of duplex
units in the R-6a Zone District. Because our proposed building
fits into the allowable FAR and building guidelines, the issue
here is not the creation of a new structure, but rather the use
of that structure. Setting aside a portion of Unit 1 as an
accessory unit will provide housing for some Pitkin County
Employee. Because the creation of the accessory unit allows for
housing for more employees in the same amount of square feet of
building space, we feel like this proposal is in compliance of
not only the Aspen Area Comprehensive Plan but also Aspen's
immediate need for more housing.
a *0
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 6420489
DATE COMPLETE: -1 \ 0 S 9
PARCEL ID AND CASE NO.
2737-074-10-030 66A-89
STAFF MEMBER: VPA\ �'e.
PROJECT NAME: Bennett Conditional Use Review
Project Address: 534 Spruce Street
Legal Address: Lot 3 & 4, Block 10, Williams Addition
APPLICANT: Mick Bennett
Applicant Address: 534 Spruce Street Aspen, CO 0-1135
REPRESENTATIVE: Same
Representative Address/Phone:
----------------------------------------------------------------
----------------------------------------------------------------
PAID: YES NO AMOUNT: N/A NO. OF OPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP: V 2 STEP:
P&Z Meeting Date
CC Meeting Date
PUBLIC
HEARING:
ES
NO
VESTED
RIGHTS:
YES
NO
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
Aspen Water
C Fire Marshal
State Hwy Dept(GJ)
City Electric IX
Building Inspecto
L,Nzls4,7,.kn
Envir. Hlth.
Roaring Fork
Other
Aspen Consol.
Energy Center
S.D.
DATE REFERRED: �yhzLF 2 INITIALS:
--------------------------------------------------------------
-------------------------------------------------------------
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
CITY OF ASPEN
-APPLICATION CONFERENCE SUMMARY
• PROJECT: 2)Q N-M QAA LJUO I 4ijG
APPLICANT'S REPRESENTATIVE: U111 C �1�Q�1�1b`t
REPRESENTATIVE'S PHONE: l__Q
OWNER'S NAME:-
1. Type of Application:v`
2. Describe action/type of development being requested:
(?l A CL 1 `
W ��1
3.
Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
11 I
,
CCrOnly)
4.
Review is:� (P&Z Onl (V
(P&Z then to CC)
5.
Public Hearing: ",,(YES (NO)
6.
Did you applicant to submit list
of ADJACE ROPERTY
OWNERS?. (YES) (NO) Disclosure of
Ownership:'---(YES)'(N )
7.
What fee was applicant requested to
submit:
8.
Anticipated date of submission: ut�
9.
COMMENTS/UNIQUE CONCERNS:
•
M
ti
PUBLIC NOTICE
RE: BENNETT CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN THAT a public hearing will be held on
Tuesday, September 5, 1989 at a meeting to begin at 4:30 P.M.
before the Aspen Planning and Zoning Commission, 2nd Floor
Meeting Room, 130 South Galena Street, Aspen, CO to consider an
application from Mick Bennett requesting Conditional Use approval
in order to legalize an existing 750 sq. ft. accessory dwelling
unit located at 534 Spruce Street, Lots 3 & 4, Block 10, Williams
Addition.
For further information, please contact the Aspen/Pitkin
Planning Office, 130 South Galena Street, Aspen, (303) 920-5090.
s/C. Welton Anderson, Chairman
Aspen Planning and Zoning
Commission
7�'
•
July 19, 1989
Mick Bennett
534 Spruce Street
Aspen, CO 81611
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
RE: Bennett Conditional Use Review
Dear Mick,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
We have scheduled your application for review by the Aspen
Planning and Zoning Commission at a public hearing on Tuesday,
September 5, 1989 at a meeting to begin at 4:30 p.m. The Friday
before the meeting date, we will call to inform you that a copy
of the memo pertaining to your application is available at the
Planning Office.
Please be reminded that the Code requires the applicant to mail
notice of the public hearing to adjacent landowners within 300'
of the property and to post a sign in a conspicuous place on the
property. A notice will be sent to you for mailing out and you
may pick up a blank sign form from this office to post.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
4-
•
•
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
June 27, 1989
Mick Bennett
534 Spruce Street
Aspen, Colorado 81611
RE: Bennett Conditional Use Review
Dear Mick,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is not complete.
Following is a list of the items we require to complete the
application:
1. Please submit proof that the "bandit" unit existed
prior to November 1, 1988.
2. Please provide 4 additional copies of the application.
If you have any questions please call, Leslie Lamont. Thank you.
Sincerely,
Debbie Skehan
Administrative Assistant
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