HomeMy WebLinkAboutLand Use Case.CU.205 W Main St.A82-94Chisholm Cond. Use Review for ADU'
A82-94 2735-124-54-003
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 10/11/94 PARCEL ID AND CASE NO.
DATE COMPLETE: /a//a / 9'V 2735-124-54-003 A82-94
STAFF MEMBER: ML
PROJECT NAME: Chisholm Conditional Use Rev. for ADU
Project Address: 205 West Main
Legal Address:
APPLICANT: Edith Chisholm 925-3306
Applicant Address: 205 West Main
REPRESENTATIVE: Gerd Zeller 920-6722
Representative Address/Phone: Box 37
Aspen CO 81611
FEES: PLANNING $ 0 # APPS RECEIVED 3
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 0
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date Noy/ lad PUBLIC HEARING: Y S NO
VESTED RIGHTS: YES
CC Meeting Date
DRC Meeting Date
----------------
----------------
REFERRALS:
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
City Attorney
Parks Dept.
School District
X City Engineer
Bldg Inspector
Rocky Mtn NatGas
Housing Dir.
Fire Marshal
CDOT
_X_
Aspen Water
Holy Cross
Clean Air Board
City Electric
Mtn. Bell
Open Space Board
Envir.Hlth.
ACSD
Other
Zoning
Energy Center
Other
DATE REFERRED:
INITIALS:
DUE:
DATE ROUTED: INITIAL
FINAL ROUTING:
City Atty City Engineer
Zoning
Env. Health
Housing Open Space
Other:
FILE STATUS AND LOCATION:
0
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Mary Lackner, Planner
RE: Chisholm Conditional Use for an Accessory Dwelling Unit -
Public Hearing
DATE: November 1, 1994
-----------------------------------------------------------------
------------------------------------------------------------------
SUMMARY: The Planning Office recommends approval of the Chisholm
620 sq.ft. accessory dwelling unit with conditions.
APPLICANT: Edith, Heather and Karen Chisholm own the parcel. They
are represented by Gerd Zeller.
LOCATION: 205 West Main Street. Block 52, Lots H and I, City and
Townsite of Aspen.
ZONING: The 6,000 sq.ft. parcel is zoned Office.
APPLICANT'S REQUEST: The applicant requests Conditional Use
approval to convert the basement of an existing residence to an
accessory dwelling unit. The conversion of the applicant's present
unfinished basement to an accessory dwelling unit is being provided
voluntarily. A copy of the floor plan and site plan are included
in Exhibit "A".
REFERRAL COMMENTS: Comments from the Housing Office are included
as Exhibit "B" and Engineering comments Exhibit "C".
STAFF COMMENTS: The applicant has received HPC approval to
construct the stairway and window wells for the basement unit.
These improvements are presently being made to the residence.
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 purpnses, 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; and
Response: The proposed dwelling unit has the potential to house
local employees, which is in compliance with the Aspen Area
Community Plan and the underlying zone district.
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
10
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of the parcel proposed for development; and
Response: The accessory dwelling unit is compatible with the
character of the surrounding neighborhood, which consists of mixed
single family residences, office buildings, and lodges. The
appearance of this residence will remain compatible with the
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; and
Response: There is no requirement for off-street parking to be
provided with an accessory dwelling unit. The applicant is not
providing an off-street parking space.
Trash areas will need to be designated on the final plan.
As per past P&Z concerns, a recommended condition of approval
requires that the unit be identified on building permit plans as
a separate dwelling unit requiring compliance with U.B.C. Chapter
35 for sound attenuation.
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; and
Response: All public utilities are adequate and in place
throughout the neighborhood and for the proposed residence and ADU.
The applicant will be required to pay additional tap fees for water
and sewer service with the accessory dwelling unit.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
Response: The applicant must file the appropriate deed
restrictions for resident occupancy, including a six month minimum
lease. 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 Community Plan and
by all other applicable requirements of this chapter.
Response: This use complies with the Aspen Area Community Plan
and all other applicable conditional use standards.
Vj
STAFF RECOMMENDATION: Planning staff recommends approval of the
Chisholm Conditional Use for an approximately 620 sq.ft. one
bedroom accessory dwelling unit subject to the following
conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen/Pitkin County Housing Authority for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with a minimum six month lease. Upon approval by
the Housing Authority, 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 Housing Office and Planning Office.
3. Prior to issuance of any building permits, the applicant shall
provide the Housing Office actual floor plans showing the net
liveable calculation of the accessory dwelling unit.
4. A minimum of a two -burner stove with oven, standard sink, and
6-cubic foot refrigerator plus freezer shall be provided in
the accessory dwelling unit.
5. The accessory dwelling unit 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
6. During building permit plan review, the Zoning Enforcement
Officer shall make the final determination that the unit meets
the minimum size requirement of 300 sq.ft. net liveable as
defined in the Housing Authority Guidelines. The accessory
dwelling unit cannot be less than 300 sq.ft.
7. Based on the comments submitted by the Engineering Department
in their referral memo dated October 19, 1994 the applicant
shall comply with the following:
a. The final development plan shall indicate a trash area
out the public right-of-way.
b. The applicant shall consult City Engineering (920-5080)
for design considerations of development within public
rights -of -way, Parks Department (920-5120) for vegetation
species, and shall obtain permits for any work or
development, including landscaping, within public rights -
of -way from the city Streets Department (920-5130).
8. 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
3
•
conditions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION: "I move to approve the Conditional Use for a
620 sq.ft. accessory dwelling unit for the Chisholm property at 205
West Main Street, subject to the conditions recommended in the
Planning Office memo dated November 1, 1994."
Exhibits:
"A" - Application Information
"B" - Housing Office memo
"C" - Engineering referral memo
4
•
i Exhibit A
Aspen, CO 81611
October 6, 1994
To Whom It May Concern:
The proposed Accessory Dwelling Unit (ADU) will be located in
the basement of our private existing residence located at
205 West Main Street, or legal description: East 15' of Lot G
and all of Lots H and I in Block 52 in the City and Townsite
of Aspen.
The present unfinished basement (921 sq. ft.) is being used as
a combination family -recreation room, a maintenance/utility
room and storage area.
The proposed (ADU) will consist of a 1-bedroom unit to be
occupied per Housing Authority Regulations.
Sincerely,
Edith S. Chisholm
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Exhibit B
MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, Engineering Department 0-`�
Date: October 19, 1994
Re: Chisholm Conditional Use for an Accessory Dwelling Unit (ADU)
(205 West Main Street; E. 15' Lot G, & H , I, Block 52, OAT; Parcel ID No. 2735-124-
54-003)
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Site Drainage - One of the considerations of a development application for conditional
use is that there are adequate public facilities to service the use. One public facility that
is inadequate is the City street storm drainage system. The new development plan must
provide for no more than historic flows to leave the site. Any increase to historic storm
run-off must be maintained on site. There is sufficient lawn and landscaped area to
percolate roof drains. The final development plan must indicate storm runoff, and
foundation drains if applicable, provisions . No drainage may be conveyed to the public
rights -of -way of the alley, First Street or Main Street.
2. Sidewalk. Curb and Gutter - The Main Street Sidewalk and Street Corner Handicap
Ramp Project will be installing sidewalk on the Main Street frontage and handicap ramps
at the corner. The existing curb and gutter is in satisfactory condition.
3. Driveway - I met with the applicant. There was some interest in a driveway from
Main Street similar to the adjacent property. Section 19-101(f) does not permit driveways
entering Highway 82. Apparently the adjacent property may have constructed a driveway
prior to the ordinance.
The applicant has a City permit for a driveway on First Street. The permit is not
clear, and the use is a use that is not permitted today, which is parking cars on the public
right-of-way. If the property is ever fully redeveloped, any parking needs must be
provided on the private property.
0
Page 2
Chisholm Accessory Dwelling Unit
October 19, 1994
4. Parkin - A parking space is not required for an ADU. The applicant is not interested
in providing a parking space on the property, accessing from the alley, because of the
historic nature of the lot.
5. Trash - The final development plan must indicate a trash area out of the alley public
right-of-way. I discussed with the applicant recessing the existing trash shed into a section
of fence that will be rebuilt in the spring such that trash collection can still be provided
from the alley without entering the property.
6. Utilities - Any new surface utility needs for pedestals or other facilities must be
installed on an easement provided by the applicant and not in the public right-of-way.
7. Work in the Public Right-of-way - Given the continuous problems of unapproved work
and development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights -of -way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city
streets department (920-5130).
cc: Cris Caruso
Edith Chisholm, 205 W. Main St.
M94.355
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Exhibit C
MEMORANDUM
TO: Mary Lackner, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: October 19, 1994
RE: Chisholm Conditional Use Review for an Accessory Dwelling
Unit
Parcel ID No. 2735-124-54-003
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 application shows the unit to be approximately 619 square feet.
The actual calculation of the net liveable square footage, as
defined by the Housing Office Guidelines, will to be provided when
the applicant applies for a building permit. This is to be located
in the basement of the principal residence.
This unit needs to be a completely private unit, therefore, the
stairwell entering the unit must enter through the outside and not
through the principal residence. The plans did not show if this
was the case. All the windows shown on the plans must remain as
such for light to enter into the unit and for another means of
egress.
The kitchen must be built to the following specifications:
Kitchen - For Accessory Dwelling Units and Caretaker Dwelling Units, 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 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\chish.adu
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Aspen, CO 81611
October 6, 1994
To Whom It May Concern:
Following are the names, addresses and telephone No.'s of
the three persons who are applying for this Accessory
Dwelling Unit (ADU):
Edith S. Chisholm
205 W. Main Street
Aspen, CO 81611
(303) 925-3306
Heather M. Chisholm
(H) 1704 Treeridge Parkway
Alpharetta, GA 30322
1-(4o4) 64o-7108
(Q) % Servantis Systems, Inc. (SSI)
4411 E. Jones Bridge Road
Norcross, GA 30092
1-(404) 840-1607
aren H. Chisholm
1595 Silver King Drive
P.O. Box 961
Aspen, CO 81612
Our representative is Gerd Zeller, P.O. Box 37, Aspen, CO
81612; phone No. (303) 920-6722.
Sincerely,
�r tz-,
ith S. Chisholm
I
•
Karen H. Chisholm
COMBINED RETT EXEMPTION APPLICATION
FOR ORD.20,1979 (WHEELER RETT) AND
ORD.14,1989 (GRADUATED RETT)
GRANTEE: Heather M. Chisho"
EXEMPTION CERT. #
DATE RECEIVED
THIS CITY OF ASPEN REAL ESTATE TRANSFER TAX EXEMPTION APPLICATION IS DUE AT THE
TIME OF TRANSFER AND PRIOR TO RECORDING OF THE APPLICABLE DEED(S). THIS FORM
COMBINES EXEMPTIONS FOR BOTH THE WHEELER RETT AND THE GRADUATED RETT. SINCE THE
100,000 OF ING IT
ALL TRANSACTIONS AND THE EXEMPTION OF ALL "DEED RESTRICTED EMPLOYEE HOUS
EXEMPTIONS FOR THE GRADUATED RETT INCLUDE THE EXEMPTION OF THE FIRST $
IS POSSIBLE FOR A TRANSACTION TO BE SUBJECT TO THE WHEELER RETT AND EXEMPT FR GRADUATED RETT. FOR THIS REASON, SEPARATE EXEMPTIONS FOR EACH ROM THE
ETT M APPLIED FOR AND GRANTED, HOWEVER THE CITY HAS ALLOWED FOR THE EXEMUST BE
PTIONS BOTH
RETT'S TO BE ADDRESSED ON THIS ONE FORM.
STATE OF (InT,f1RAT)n )
COUNTYOF PITKIN ) ss.
The undersigned
b , as grantee of a deed or instrument of conveyance from
Edith S. Chisholm, Personal Representative of the Estate of HtFat)Cpoisholm
Karen H. Chisholm and Heather M Chisholm (grantee)
dated 5/ 1 /9 transferring the following described property situated in the
State of Colorado, County of Pitkin, and the City of Aspen (if necessary, attach
copy of legal description):
Lots H and I, in Block 52, in and to
the City and Townsite of Aspen, together with all
improvements situate thereon.
1.) hereby does apply for an exemption from the payment of the Real Estate
Transfer Tax (WHEELER RETT) imposed by Ordinance No. 20, Series of 1979, of
the City of Aspen. The basis of such exemption is as follows: e
(Please enter letter(s) of applicable exemption paragraphs from the reverse side
of this form.) SPECIAL NOTE: EXEMPTIONS "O" AND "P" ARE NOT APPLI-
CABLE TO THIS WHEELER RETT.
2.) hereby does apply for an exemption from the payment of the Real Estate
Transfer Tax (r RAHtJATrP RETT) impos;;u by Ordinance No. 14, Series of 1989,
of the City of Aspen. The basis of such exemption is as follows: P
(Please enter letter(s) of applicable exemption paragraphs from the reverse side
of this form.) ALL EXEMPTIONS "A" THRU "
ATED RETT. Q APPLY TO THIS GRADU-
Heather M. Chisholm
kka=PXN)� Represented:
Phone Number LELS
Signature
Subscribed and sworn to before me this
a2d=�day of 19 92
AK,d—
My commissiori expires: _ 1-26-96 otary Public
0
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ORDINANCE NO. 20, SERIES OF 1979 AND ORDINANCE NO. 14, SERIES OF 1989,
SECTION 6, SUBDIVISIONS: (these are paraphrases; for more details, please refer to the
actual ordinances)
( )
a.
a government is either the grantor or grantee;
( )
b.
purchaser is charitable Org 1ni�atinn;
( )
c.
gj.fa and charitable donations of property;
( )
d.
terminating joint tenitncv with no addit'l. compensation;
M
C.
transfer due to death. will. or decree of distribution;
( )
f.
transfer due to merger or consolidations of corporations for no consideration
other than surrender of sub's stock;
( )
9.
transfer made without consideration for purpose of correction
or minor
modification to title;
( )
h .
any decree or order of a court determining title;
( )
L
title to cemetery lots;
( )
j.
any lease of real property pnovided it 30:;s :.a: co.-.sritut;; a ale facto
conveyance
of property;
( )
k.
any mineral or royalty deed;
( )
I.
transfers to secure a debt or release of property held as security for a debt;
( )
M.
any executory contract for the salt of property where vendee is
entitled to
property w/out acquiring title;
( )
n .
transfer due to foreclosure sale- sheriffs or treasurer's deed;
( )
q .
OTHER (please describe):
IN ADDITION TO THE ABOVE SUBSECTIONS, ORD.14, SERIES
FOLLOWING TWO SUBSECTIONS IN SECTION 6 WHICH
.GRAD ATFD RFTT:
( ) o. All deed restricted employee h o u s i nz subject to
Housing Authority Guidelines.
( ) P. The first $100.000 of all transactions.
ERTIFI _ATF(S)nF EXEMPTION•
OF 1989, ALSO HAS THE
APPLY ONLY TO THE
the Aspen/Pitkin County
I hereby certify that the within described transfer of real property is exempt from the
payment of a Real Estate Transfer Tax (THE WHEELER RFTT) under Ord. 20, Series of 1979,
Section
Signature of City Official
I hereby certify that the within described transfer of real property is exempt from the
payment of a Real Estate Transfer Tax (THE GRADUATED RETT) under Ord. 14, Series of 1989,
Section
Signature of City Official
Any person whose claim of exemption, duly
is denied by the Director of Finance may
applied for under the provisions
immediately
of this section,
determination of such exemption and such appeal shall be
its
appeal to the City
considered by the
Council for a
City Council
next regular meeting. In the event of a
said
determination
by the City Council
at
favorable to
grantor, any amount previously deposited,
Council, shall be
or so much
thereof as may be
allowed by the
promptly refunded to said
grantor.
t.
#347492 08/07/92 10 ^9 Rec `�5.00
Silvia Davis, Pitkiwnty Clerk:,
ncLcimull 1w.
BF,,: 685 PG 619
Doc $.00 11011-
Rec er.
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OWE
PERSONAL REPRESENTATIVE'S DEED
(Testate Estate)
THIS DEED is made by
Edith S. Chisholm
as Personal Representative of the Estate of
Hugh A. Chisholm , deceased, Grantor,
to Karen H. Chisholm and Heather M. Chisholm as
tenants in common , Grantee,
whose legal address is 205 W. Main Street, Aspen
of the *County of Pitkin , and I
State of Colorado and First Codicil dated Novem
WHEREAS, the Last Will and Testament of the above -named decedentwas made and executed in the lifetime of the
decedent, and is dated December 18 '19 72— , which Will tuly admitted to (fuKpt>m:10 (informal)
probate on Derember 16 , 19 gn , by the District Court in and for the
County of Pi tki n , State of Colorado, Probate No. 90 PR 34 ,
WHEREAS, Grantor was duly appointed Personal Representative of said Estate on—).CPribiar 16
19 90 , and is now qualified and acting in said capacity.
NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does
hereby sell, convey, assign, transfer and set over unto said Grantee
,Fir,Ftnma**
(As the person entitled to distribution of the property in the above captioned Will)** the following described real property
§ituate in the County of Piticin , State of Colorado:
Lots H and I, in Blocic 52, in and to the
City and Townsite of Aspen, together with
all improvements situate thereon.
Correction: The original Deed recorded on 8/7/92 is hereby
corrected to reflect that the interest conveyed by the
Personal Representative of the real property described
therein to the Grantee is limited to a one-half (Z) interest
in such real property.
#355918 04/15/93 14:46 Rec $5.00 BK 708 PG 870
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
also known by street and number as 205 W. Main Street
With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes
for the year 19 and subject to
As used herein, the singular includes the plural and the plural the singular.
Executed May 21 19 92—. y Z--
Edith S. Chisholm
Personal Representative
of the Estate of Hugh A. Chisholm
Deceased
STATE OF COLORADO j ss.
COUNTY OF PITKIIJ - ____ _ I
The foreping instrument was acknowledged before me this 21at_ day of May 19 92_ ,
by Edith S. Chisholm
as Personal Representative of the Estate of Hugh A. f b i shnl m , Deceased.
lat
hand and official seal.
January 26 1996
escnires:
Yrr Nolaty Puhlic
*S
14,
191
CPC46.'rtkSONALREPRFSENTA7'1VF."SDF,ED(Tectale)
Oradlord Publishing, 1743 Wazee St., Demer. CO 80202 — (3113, 292-2500— 6-90
ON
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5439
MEMORANDUM
TO: City Engineer
Housing Director
FROM: Mary Lackner, Planning Office
RE: Chisholm Conditional Use Review for an Accessory Dwelling Unit
Parcel ID No. 2735-124-54-003
DATE: October 13, 1994
Attached for your review and comments is an application submitted by Edith Chisholm
requesting approval for a Conditional Use Review.
Please return your comments to me no later than October 20th.
Thank you.
ASPENTITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5439
October 13, 1994
Gerd Zeller
P. O. Box 37
Aspen, CO 81612
Re: Chisholm Conditional Use Review for an Accessory Dwelling Unit
Case A82-94
Dear Gerd,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, November 1, 1994 at a meeting to begin at 4:30
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 Community Development Department.
If you have any questions, please call Mary Lackner the planner assigned to your case, at 920-
5106.
Sincerely,
Suzanne L. Wolff
Administrative Assistant
apz.ph
PUBLIC NOTICE
RE: CHISHOLM CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, November 1, 1994, at a meeting to begin at 4:30 pm before
the Aspen Planning and Zoning Commission in the second floor
meeting room, City Hall, 130 S. Galena Street, Aspen, Colorado, to
consider an application submitted by Edith, Heather and Karen
Chisholm, 205 W. Main Street requesting Conditional Use Approval
for an Accessory Dwelling Unit to be located in the existing
residence at 205 W. Main Street, the East 15' of Lot G and all of
Lots H and I, Block 52, City and Townsite of Aspen. For further
information, contact Mary Lackner at the Aspen Pitkin Planning
Office, 130 S. Galena St., Aspen, CO. 920-5106.
sfBruce Kerr, Chairman
Planning and Zoning Commission