HomeMy WebLinkAboutLand Use Case.CU.601 W Francis St.A34-94Austin Conditional Use Review
A34-94 2735-124-26-005
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED:04 /28/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-124-26-005 A34-94
STAFF MEMBER: KJ
PROJECT NAME: Austin Condtional Use Review
Project Address: 601 West Francis
Legal Address:
APPLICANT: Anne Austin Clapper
Applicant Address: 011 Walter Road, Basalt, CO 81621
REPRESENTATIVE: James Hartrich
Representative Address/Phone: Box 12285 925-1392
Aspen, CO 81611
FEES: PLANNING $ # APPS RECEIVED 4
ENGINEER $ # PLATS RECEIVED 4
HOUSING $
ENV. HEALTH $
TOTAL $ 0
TYPE OF APPLICATION: STAFF
APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date
PUBLIC HEARING:
OYES NO
VESTED RIGHTS:
5 NO
CC Meeting Date
PUBLIC HEARING:
YES NO
VESTED RIGHTS:
YES NO
DRC Meeting Date
REFERRALS:
City Attorney
Parks Dept.
School District
City Engineer
Bldg Inspector
Rocky Mtn NatGas
Housing Dir.
Fire Marshal
CDOT
Aspen Water
Holy Cross
Clean Air Board
j� City Electric
Mtn. Bell
Open Space Board
Envir.Hlth.
ACSD
Other
Zoning
Energy Center
Other
v
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5w
DATE REFERRED:
INITIALS:
DUE:
FINAL ROUTING: N�j
________----j
DATE ROUTED: INITIAL:
City AttY City Engineer Zoning
Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
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07/07/94 08:28
0303 963 2552
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Anne Austin -Clapper
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Austin Conditional Use for an Attached Accessory Dwelling
Unit - Public Hearing (Continued from June 7, 1994)
DATE: July 5, 1994
SUMMARY: The Planning Office recommends approval of the Austin
Conditional Use for a 352 s.f. basement level accessory dwelling
unit to be created within a new residence with conditions.
APPLICANT: Anne Austin -Clapper, represented by James Hartrich
LOCATION: 601 W. Francis (E.1/2 Lot H and all of Lot I, Block 22,
City and Townsite of Aspen)
ZONING: R-6
APPLICANT'S REQUEST: The applicant requests Conditional Use for
the construction of a basement level accessory dwelling unit within
a proposed residence in accordance with Ordinance 1 housing
replacement requirements. The 4,500 s.f. site is currently
occupied by a 2,256 s.f. dwelling which will be demolished. The
replacement structure will have four bedrooms and will be
approximately 2,800 s.f. of FAR with a full basement. Because the
ADU is not 100% above grade the applicant is not eligible for an
FAR bonus for the property. The applicant has submitted floor
plan, elevation, and site drawings for the proposed ADU. See
Exhibit "A".
PROCESS: The Planning Commission shall make a determination on the
Conditional Use for the accessory dwelling unit.
REFERRAL COMMENTS: (complete referral memos are attached as
Exhibit "B".
Housing: The proposed unit must meet the requirements of Section
24-5-510 of the Aspen Municipal Code. It shall be between 300 and
700 square feet of net livable area, deed restricted to resident
occupancy, and have minimum lease periods of 6 months. The deed
restriction shall be approved by the Housing Office, recorded with
the County Clerk, and proof of recordation forwarded to the Housing
Office prior to issuance of any building permits for the site.
Zoning: Although not specific to the ADU, the residence as
proposed does not meet the minimum 6.66' side setback for a corner
lot. The applicant has been advised of this problem.
•
STAFF COMMENTS: The Commission has the authority to review and
approve development applications for conditional uses pursuant to
the standards of Section 24-7-304:
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
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
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 is compatible with the principal
dwelling and other residential uses in the surrounding
neighborhood.
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: A parking space is not required by code for a studio
accessory unit. Four spaces are provided on site for the four
bedrooms of the principle dwelling. As Zoning pointed out, the
designer must still resolve a setback issue for the residence.
No other significant neighborhood 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 already 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 applicant must file appropriate deed restrictions
for resident occupancy, including 6 month minimum leases. Proof
of recordation must be forwarded to the Planning Office and Housing
Office prior to issuance of any building permits. The kitchen
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facilities in the ADU must comply with the Housing Guidelines
specifications.
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: If approved with the conditions recommended by staff,
this use complies with the Aspen Area Comprehensive Plan for
provision of sound, livable affordable housing units.
STAFF RECOMMENDATION: Planning recommends approval of the Austin
Conditional Use for a 352 s.f. basement level accessory dwelling
unit with the following conditions:
1. The owner shall submit the appropriate deed restriction to the
Aspen/Pitkin County Housing Office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing Office, the Owner shall record the deed restriction
with the Pitkin County Clerk and Recorder's Office.
2. Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
3. The kitchen in the ADU must comply with the specifications
within the Housing Guidelines.
4. The ADU shall be clearly identified as a separate dwelling
unit on Building Permit plans and shall comply with U.B.C.
Chapter 35 sound attenuation requirements.
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 other
conditions.
RECOMMENDED MOTION: "I move to approve a Conditional Use for a 352
s.f. basement level accessory dwelling unit within the proposed
Austin residence at 601 W. Francis St. with the conditions
recommended in the Planning Office memo dated 6/7/94."
Exhibits:
"A" - Proposed Site Plan, Floorplan, and Elevations
"B" - Referral Memos
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Project Names Austin Residence
601 West Francis Street
COMPLIANCE WITH REVIEW STANDARDS FOR CONDITIONAL USE
A. The project is in full compliance with the goals and
objectives of the Aspen Area Comprehensive Plan. Moreover, the
project complies with all standards applicable to the R--6 zoning
district.
B. The project is consistent with the character of the
immediate vicinity and surrounding land uses. The West End is an
established residential community with larger homes, many of which
have accessory dwelling units or detached carriage homes. The
Commission has approved a similar project located catercorner to
the proposed project at the intersection of Fifth and Francis.
That structure was designed by Charles Cunniffe & Associates.
C. The location, size, design and operating characteristics
of the project minimize any adverse effects. The accessory
dwelling unit is at ground level with gccd views to the east. The
project is located within three blocks of Main Street and is within
easy walking distance of many community resources, including the
Music Tent and Triangle Park. The accessory dwelling unit will be
incorporated in the structure of the project in such a way that
surrounding properties will not be visually impacted.
D. All city utilities are available and will service the
accessory dwelling unit as well as the primary unit.
E. Applicant has committed to supplying any incremental need
for increased employee housing by virtue of the project. It is not
anticipated that the project will create additional demands for
employee housing. No employee housing was previously incorporated
in the existing structure, and the Applicant's inclusion of an
accessory dwelling unit in the project will only enhance the
inventory of employee housing available to the community.
F. Applicant does not believe that there are any additional
requirements imposed by the Aspen Area Comprehensive Plan.
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3?108/94 12:12JW3U3 963 2552
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LEGAL DESCRIPTION:
East 1/2 Lot H and all of Lot I, D1oCK 22, City and Townsite
of Aspen, PI-tkin Co., Colorado.
IMPROVEMENT LOCATION CERTIFICATE
I hereby.certify that this Improvement Location Certificate was prepared for
Anne Austin , that It is not a land survey plat or Improvement
survey plat, and that it is not to be relied upon for the establishment of fence, build-
ing, or tither future improvement lines.
I further cortify that the improvements on the above described parcel on this date,
28 February 1990 , except utility connections, are entirely within the boundaries
of the parcel, except as shown, that there are no encroachments upon the described
premises by improvements on any adjoining premises, except as indicated, and that there
Is no a parent evidence or sign -of any easement crossing or burdening any part of said
parcel ex ept as n fed.
By -PROPOSED . DEVELOPMENT. _
y ey L c come -S. 14111
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IMPROVEMENT LQCATION'GERTIFICATE
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ADU
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MEMORANDUM
TO: Kim Johnson .�
FROM: Bill Drueding, City Zoning Officer
RE: Austin Conditional Use Review for an Accessory Dwelling
Unit - Referral Comments
DATE: May 10, 1993
The site plan shows the side yard setback at five (5) feet.
Section 3-101(C), the definition of yard for a corner lot requires
a side yard setback of 6.66 feet. I advised James Hartrich of this
requirement on May 5, 1994.
•
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MEMORANDUM
TO: Kim Johnson, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: May 31, 1994
RE: Austin Conditional Use Review for an Accessory Dwelling
Unit
Parcel ID No. 2735-124-26-005
The Housing Office recommends approval for the requested accessory
dwelling unit based on the following conditions:
Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor
area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be
deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be
limited to rental periods of not less than six (6) months in duration. Owners 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 states that the unit is to be 352 square feet, at
ground level with good views to the east, and is to be incorporated
in the principal residence.
The kitchen must be built to the following specifications:
Krtchen must contain a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot
refrigerator plus freezer.
Before the applicant can receive building permit approval, the
applicant must provide to the Housing Office actual floor plans of
the proposed accessory dwelling unit and a signed and recorded Deed
Restriction, which can be obtained from the Housing Office. The
Housing Office must have the recorded book and page number prior to
building permit approval.
\word\referral\austin.adu
PUBLIC NOTICE
RE: AUSTIN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, July 5, 1994 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City
Hall, 130 S. Galena, Aspen to consider an application submitted by
Anne Austin Clapper, 011 Walter Road, Basalt, CO, requesting
approval of a Conditional Use Review for an approximately 352
square foot accessory dwelling unit attached to a proposed single
family residence. The property is located at 601 W. Francis St.;
East z of Lot H and all of Lot I, Block 22, City and Townsite of
Aspen. For further information, contact Kim Johnson at the
Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-
5100.
s/Bruce Kerr, Chairman
Planning and Zoning Commission
Project Namc
13oject Location
Krl: ACI irlD- 11' 1 •
*AND USE APVIaCl=W FORM
Austin Residence
601 West Francis St.
East 2 Lot and all of Lot I Block 22 City of Aspen
(indicate street address, lot & Mock m=iber, legal descript ion where
appropriate)
3) present Zoning R-6 4) Lot size 4500 sq ft
5) Applicant's Name, Address & Phone Anne -Austin_ Clapper
011 Walter Road Basalt, Colorado 81621 Tele # 303-927-3502 H 963-2211 W
5) Representative's Name, Address & Phone 'goJames Hartrich
P.O. Box 12285 Aspen, Colorado 81612 Tele # 303-925-1392 Fax 920-2844
7)
Type of Application (Please check all that apply)
Corxiitional Use owceptual SPA
Conceptual Historic Dev
Special Pevi.ew Final. SPA
Final Historic Dev-
8040 (ceenline cb�tual PUD
Minor Historic Dev_
Strum Margin Final PUD
historic D['MOlitiOn
Mountain View Plane Subdivision
Historic Desiccation
uUm;izationText/Map Amendment
GmZLS Allotment
Lot Spl-it/I of Line
GMQS lion
Adjustment
8)
Description of EXisting Uses -(rm=ber and type of eaa_sting st:�eS;
appra dmte sq- ft-; rx=ber of bedrooms; any previous approvals granted to the
PAY) -
One single family two story frame residence of
2256 sq ft. with 3
bedrooms and 2 baths.
9)
Description of Development Application
One single family residence of 2796 sq ft above
grade and 1689 sq ft below
grade with 4 bedrooms and 5 baths plus an Accessory Dwelling Unit
f..
10) I Iave you attached the following"'
• x Response to Attu 2, Mixesam Submission Contents
_x Response to Attact=ent 3, Specific Submission Content
—x to Attadment 4, Review Standards for Your Application
n
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April 27, 1994
To Whom It May Concern:
I am the owner of the property in the West End of Aspen known as
601 West Francis, Aspen, CO 81611, whose legal description is:
The East 1/2 of Lot H, and all of Lot I, Block 22, City
and Townsite of Aspen.
The Deed is held in the name of Anne J. Austin. My current
information is: Anne Austin -Clapper
O11 Walter Road
Basalt, CO 81621
303-927-3502 H
303-963-2211 W
I authorize Jamie Hartrich to act as my representative for all
development applications pertaining to this property. His current
information is: James Hartrich & Associates
P O Box 12285
Aspen, CO 81611
303-925-1392
Thank you for your consideration.
Sikcerely,
Anne Austin-Clapper,GRI
Broker Associate
0
TRW
&ITMENT FOR TITLE YNSURAN
O'
SCHEDULE A
•1. Effective Date: 04/06/94 at 08:30 A.M.
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form B-1970
(Rev. 10/90)
proposed Insured:
PROFORMA
(b) ALTA Loan Policy,
(Rev. 10-00)
Proposed Insured:
0
Case No. PCT-8945
Amount$ TBb
Premium$
Amount$
Premium$
Tax Certificate $20.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
ANNE J. AUSTIN
4. The land referred to in this Commitment is described as follows:
THE EAST HALF OF LOT
IT N AND AALL
OF OF LOT
IR, BLOCK
22, CITY AND TOWNSITE OF
ASPEN. COUNTY O
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
303-925-1766 Provisions and Schedules
Fax 303-925-6527 A and B are attached.
09108/94 12:12 '&303 2552 CRW MID -VA LLE1_C" C C 0
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LEGAL DESCRIPTION:
East 1/2 Lot H and all of Lot I, 1310cK 22, City and Townsite
of Aspen, Pl-tkin Co. , Colorado.
IMPRO�VF.MENT LOCATION CERTIFICATE
00���r�'/
• 1 hereby.certify that this Improvement Location Certificate was prepared for
Anne Austin , that it is not a land survey plat or improvement
survey plat, and that it is not to be relied upon for the establishment of fence, build-
ing, or other future improvement lines.
I further certify that the improvements or)
the above described parcel on this date,
28 February 1990 , except utility connections,
are entirely within the boundaries
of the parcel, except as shown, that there
are no encroachments upon the described
premises by improvements on any adjoining
premises, except as indicated, and that there
Is no a parent evidence or sign'of any easement
crossing or burdening any part of said
parcel except as n fed.
By
EXISTING STRUCTURE
y ey 1. C COme P.L.S. 14111
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IMPROVEMENT LOCATION CERTIRCATE
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