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HomeMy WebLinkAboutLand Use Case.CU.202 W Francis St.A92-94CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 11 18 94 PARCEL ID AND CASE NO. DATE COMPLETE: /. 2735- 124 -17 -006 A92 -94 STAFF MEMBER: LL PROJECT NAME: Congdon Conditional Use Review for an ADU Project Address: 202 West Francis Legal Address: Lots R &S Block 48 APPLICANT: Tom and Noel Congdon Applicant Address: 202 West Francis REPRESENTATIVE: Gretchen Greenwood 925 -4502 Representative Address /Phone: 520 Walnut Street Aspen, CO 81611 -------------------------------------------------------- FEES: PLANNING $ 0 # APPS RECEIVED 10 ENGINEER $ # PLATS RECEIVED 10 HOUSING $ ENV. HEALTH $ TOTAL $ 0 TYPE OF APPLICATION: STAFF APPROVAL:— 1 STEP: X 2 STEP: 7 P &Z Meeting Date -)C -n, J PUBLIC HEARING:,-(E &) NO VESTED RIGHTS: YE 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 City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED:— _ City Atty City Engineer �C Zoning Housing _ Open Space _ __ zOther: FILE STATUS AND LOCATION: DUE: 5//& /9 SINITIAL: _Env. Health RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE CONGDON RESIDENCE, 202 WEST FRANCIS STREET (LOTS R AND S, BLOCK 48, CITY AND TOWNSITE OF ASPEN Resolution No. 95- WHEREAS, pursuant to Section 24 -5 -510 of the Aspen Municipal Code accessory dwelling units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of said Section; and WHEREAS, the Planning Office received an application from Thomas and Noel Congdon for a Conditional Use review for a 300 s.f. above grade accessory dwelling unit at his residence; and WHEREAS, the proposed unit is 100% above grade, therefore the site is allowed an FAR bonus pursuant to the definition of Floor Area "Accessory Dwelling Unit ", Section 3 -101 of the Aspen Land Use Code; and WHEREAS, the Housing Office, City Engineer, and the Planning Office reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on January 3, 1995, the Planning and Zoning Commission approved by a 7 -0 vote the Conditional Use review for the above grade existing accessory dwelling unit amending the conditions recommended by the Planning Office. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a 300 s.f. net livable, above grade accessory dwelling unit is approved with the following conditions: 1. Prior to issuance of any building permits the applicant shall: a. verify the net livable square footage of the ADU; b. upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorder's Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition. of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer; and C. kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs. d. the applicant shall provide the Engineering Department with an executed curb and gutter improvement agreement with recording fees. 2. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right -of -way. 3. 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. 4. Prior to issuance of a certificate of occupancy the planning department shall inspect the unit to determine compliance with the conditions of approval. 5. Prior to issuance of any building permits, the applicant shall demonstrate that historic runoff is maintained on the site. 6. Final development plans must indicate a trash and recycling area, which must be located outside of the public right -of- way. 7. 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 January 3, 1995. Attest: Planning and Zoning Commission: Sharon Carrillo, Deputy City Clerk Bruce Kerr, Chair i MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Deputy Director RE: Congdon Conditional Use Review - Public Hearing DATE: January 3, 1995 SUMMARY: The applicant proposes to restore a miner's cabin and stable. A new building addition is proposed between the cabin and stable with an attached, above grade, accessory dwelling unit. Staff recommends approval of the conditional use for an accessory dwelling unit. APPLICANT: Tom and Noel Congdon as represented by Gretchen Greenwood LOCATION: 202 West Francis Street 2ONING: R -6 APPLICANT'S REQUEST: To provide an approximately 300 square foot attached studio accessory dwelling unit pursuant to Ordinance 1 requirements. REFERRAL COMMENTS: Please find the referral comments from the Housing Office, exhibit A. STAFF COMMENTS: Conditional Use Review - Pursuant to Section 24 -7 -304 the criteria for a conditional use review are as follows: 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: The proposed accessory dwelling unit is an attached, above grade unit. The size is 300 square feet but the net liveable must be verified by the Housing Office at the time of building permit application. The net liveable square footage cannot be less than 300 square feet. The unit must comply with the Housing Guidelines and the requirements of Ordinance 1 and shall be deed restricted as a resident occupied unit for working residents of Pitkin County. It is unclear from the submitted plans whether the roof overhang is wide enough to protect the entrance to the ADU from shedding snow. The applicant shall submit plans to P &Z to verify that access to the ADU is protected from shedding snow. 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: Construction of ADUs, off of the alley, in traditional neighborhoods, is encouraged by Ordinance 1 and Ordinance 60 (which established the ability to construct detached ADUs in historic outbuildings). Many ADUs have been provided in the West End and some are being used as caretaker units. The proposed location of the ADU is within the primary residence. The unit is accessed off of the alley and is proposed within the new addition to the cabin and stable. The parcel has been reviewed by HPC and received several variations from the Board of Adjustment. 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 attached accessory dwelling unit is on the second level of the new addition. The access is off of the alley. Although the application states that the unit is 300 square feet, the applicant must verify the net liveable size of the unit. `� The existing single - family home is on Aspen's Inventory of Historic Sites and Structures. The HPC has reviewed the redevelopment. According to the application, the applicant has not requested a floor area bonus that is available for property owners that develop an ADU 100% above grade. 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: No new services are required for the ADU. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The application states that the Congdon's are committed to providing affordable housing on their property. They have owned the parcel for 18 years and are sensitive to the need for caretaker rental units. /S-Q 1" 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 conditional use is an attempt to comply with Ordinance 1 requirements. Ordinance 35 review, the interim overlay review, was conducted by the HPC during their review of the redevelopment. RECOMMENDATION: Staff recommends approval of the ADU with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. verify the net liveable square footage of the ADU; b. upon approval of the deed restriction by the Housing Office, record the deed restriction with the Pitkin County Clerk and Recorder's Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer; c. kitchen plans shall be verified by the Housing Office to ensure 7compliance with specifications for kitchens in ADUs; �2. 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. 3. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right -of -way. 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. Prior to the issuance of Planning Department shall inspect with the conditions of approval. a certificate of occupancy the the unit to determine compliance RECOMMENDED MOTION: "I move to approve 202 West Francis with the conditions as Office memo dated January 3, 1995." ATTACHMENTS: A. Housing Referral Comments B. Plans G �v ,-- r the conditional use for outlined in the Planning jr n I DEC 23 194 09:51AM A%WN HOUSING OFC 1 P.1 TO: Leslie Lamont, Planning Office FROM: Cindy Christensen, Housing Office DATE: December 22, 1994 RE: Congdon Conditional Use Review for an &ccessory Dwelling Uhit Parcel ID No. 2735- 124 -17 -008 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 feat of allowable floor area and not more than seven hundred (700) square feet of allowable floor area. The unit strell be dead restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (e) months in duration. Owners of the principal residence shall have the right to place a quarrfied employee or employs= of his or her choosing to the accessary dwelling unit. The application shows the unit tc be 300 square feet. Because this is the minimum size, this must be verified on the actual plans that this unit is at least 300 square feet. The actual calculation of the net liveable square footage, as defined by the Housing Office Guidelines, will need to be provided when the applicant applies for a building permit. This is an above -grade unit and attached to the principal residence. The kitchen must be built to the following specifications: t0tchen - For Accessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two -bumer stove with oven, standard sink. and a 8-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. \.ord \referral \e gd -adu CONDITIONAL USE APPLICATION ATTACHMENT 4 Review Standards: Development of Conditional Use The following are responses as to how this proposed development meets the Review Standards for Conditional Use A. The construction of an A.D.U. in the West End is consistent with the Aspen Area Comprehensive Plan. The city has determined that building employee housing in long- standing neighborhoods, promotes the long standing goals of insuring a socially and economically balanced community. B. The A.D.U. is being built off the alley at First Street and Francis Street, in an historic residential area. This unit is not only consistent and compatible with the neighborhood, but it also promotes a balanced community. C. The location, size, design, and characteristics of the development minimizes any adverse impacts to the neighborhood. The unit will be a studio unit of 300 square feet, occupied by one resident. The access to the unit is off the alley, minimizing the visual impact. There will be no additional traffic generated as the resident will not be provided with a parking space, thus minimizing traffic in the alley. The design of the unit is consistent with the architecture of the residence and does not appear as a separate unit. D. There are adequate public facilities and services to serve the A.D.U. The unit will be located off the alley of First Street and Francis Street. The center of town with the transit center is within walking distance. Grocery stores and shops are also within walking distance to this unit. The studio residence is within a five minute area of the Fire Protection District. There is existing trash service to the residence that will be maintained along with city water, and sewer service. It is an ideal location for a resident and employee of Pitkin County. E. Tom and Noel Congdon are committed to providing housing for the employees of Pitkin County. The Congdons have owned this house for 18 years and are sympathetic to the housing needs of the Aspen area. F. The proposed development that includes the Accessory Dwelling Unit is consistent with the Aspen Area Comprehensive Plan. Prior to the conditional use approval, this development will be reviewed by the Board of Adjustments and the Historic Preservation Commission for compliance with the standards of the Comprehensive Plan. z m p, v E cc. NO sl 5N v*N.A 0 T_ k 4 d Z z � I h NO sl 5N v*N.A 0 T_ k 4 d Z 1� C�I vN�A,� a 4 A I- I 0 O 0 3 �� fl 0 0 zo � 00 0 n J N jo�7 y1 7Nv-'�- �i 3V- 1 MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Engineering Department Cl;�_ Date: December 28, 1994 Re: Congdon Conditional Use Review for an Accessory Dwelling Unit (ADU) (202 W. Francis, Lots R & S, Block 48, O.A.T.) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Site Drainaee - 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. 2. Sidewalk, Curb and Gutter - The site is in the West End where concrete sidewalks are not required, but pedestrian usable spaces are required. The site currently provides pedestrian usable spaces between the street and the property line on both frontages. Such space must continue to be provided for prior to issuance of a certificate of occupancy. There is no curb and gutter along either frontage. Section 19 -98 of the Code requires that curb and gutter be constructed for new construction prior to issuance of a certificate of occupancy. The City generally does not require construction of curb and gutter in segments because of overall street drainage considerations. However, as a condition of approval for the ADU, we suggest that the applicant be required to provide the Engineering Department with an executed curb and gutter improvement agreement and with the recording fees prior to issuance of a building permit. 3. Trash &Utility Area - The final development plans must indicate the trash storage area, which may not be in the public right -of -way. All trash storage areas should be indicated as trash and recycle areas. Any trash and recycle areas that include utility meters or other utility equipment must provide that the utility equipment not be blocked by trash and recycle containers. 4. 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. 5. Encroachments - The fences on both frontages encroach into the public right -of -way, as does the historic stable. The applicant has submitted an application for an encroachment license to the Engineering Department. 6. Work in the Public Ri t 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 Gretchen Greenwood, 520 Walnut Street, Aspen M94.399 l ASPEN /PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 November 22, 1994 Gretchen Greenwood 520 Walnut St. Aspen, CO 81611 RE: Congdon Conditional Use Review for an Accessory Dwelling Unit Case #A92 -94 Dear Gretchen, The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is incomplete. The application will not be scheduled for review until the following items are submitted. 1. Please provide a full site plan/survey showing the property boundaries, streets, alley, vegetation, etc. If you have any questions, please call Leslie Lamont, the Planner assigned to this case, at 920- 5101. Thank you. Sincerely, Suzann Wolff Administrative Assistant ASPEN /PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 FAX# (303) 920 -5439 December 15, 1994 Gretchen Greenwood 520 Walnut Aspen, CO 81611 Re: Congdon Conditional Use Review for an Accessory Dwelling Unit Case A92 -94 Dear Gretchen, 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, January 3, 1995 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 worldng 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. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Leslie Lamont the planner assigned to your case, at 920- 5101. Sincerely, Suzanne L. Wolff Administrative Assistant .".Ph PUBLIC NOTICE RE: CONGDON CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 3, 1995 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 Tom & Noel Congdon, Aspen, Co, requesting approval of a Conditional Use Review for an approximately 300 square foot Accessory Dwelling Unit on the second floor of the proposed new building addition. The property is located at 202 W. Francis; Lots R & S, Block 48, City and Townsite of Aspen. For further information, contact Leslie Lamont at the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5101. JBruce Kerr, Chairman Planning and Zoning Commission 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: Leslie Lamont, Planner RE: Congdon Conditional Use Review for an Accessory Dwelling Unit Parcel ID No. 2735- 124 -17 -006 DATE: December 15, 1994 Attached for your review and comments is an application submitted by Tom & Noel Congdon. Please return your comments to me no later than December 23, 1994. Thank you. v •' _ 7 PUBLIC NOTICE RE: CONGDON CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 3, 1995 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 Tom & Noel Congdon, Aspen, CO, requesting approval of a Conditional Use Review for an approximately 300 square foot Accessory Dwelling Unit on the second floor of the proposed new building addition. The property is located at 202 W. Francis; Lots R & S, Block 48, City and Townsite of Aspen. For further information, contact Leslie Lamont at the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5101. s /Bruce Kerr, Chairman Planning and Zoning Commission GRETCHEN GREENWOOD & ASSOCIATES, INC. ARCHITECTURE • INTERIOR DESIGN • PLANNING November 15, 1994 Ms. Leslie Lamont Aspen \Pitkin County Planning Department Dear Leslie: I am submitting an application on behalf of Tom and Noel Congdon, for a Conditional Use review for the development of an Accessory Dwelling Unit. The A.D.0 will be located at 202 W. Francis. Prior to the Planning and Zoning meeting, this development proposal will be reviewed by the Historic Preservation Commission and the Board of Adjustments. We would like to request a meeting date of Tuesday, December 20, for our review. Enclosed are ten copies of this application for your review and comment. Please contact me at 925 -4502 with any questions you may have and a confirmation of the meeting date. Sincerely yours, ±e,� G tc wood, Architect 520 WALNUT STREET • ASPEN,COLORADO 81611 • TEL; 3031925 -4502 • FAX: 3031925 -7490 LAM USE APPLSQATIaN FUM L)�Project Name eoN':;'DoN RFS/DeNCE 202 W x0m,4NG 15 2) Project Location B, �!C /N 1f15 R f 5 481-ocre P D (indicate street address, lot & block rumber, legal description where G(.UV� 3) Present zoning i " « w 4) Lot Size � ��� •sC%• A s) Applicant's Name, Address & Phone # �m � NOGL LONG DON 13049 E14197" OE/V114- GA 80218 Flo /• 8�`fa 6) Pepresentative's Name, Address & Phone # � dMN �- &AI �la5 X502 7) gj,Pe of Application (Please obeck all that apply): Conditional Use omcqyb3al SPA Conceptual Historic Dev. special Review Final SPA Final Historic Dev. _ 8040 GLee_UIM Conceptual PUD Minor Historic Dev. Stream Marge Final PUD Historic Demolition _ Maintain View Plane _ Sui:)divisim boric Designation _ Cona min�ation Tb:ct/mp Amendment — GMS Allotment lot split/Lot ism _ Q`' s Fwiption Adjustment 8) Description of FSrichim of edstin3 structures; Uses. (cumber and .type to the approximate sq. ft.; amber of bedrooms; any previous approvals granted Property) - Al e!OV71V4f' 4 2 71/ S 10) HavP+Yau attached the followirIg? gee to Attachment 2, MMM= Submission Contents pasponse to Attachment 3, Specific Submission Contents gespase to Attachment 4, Review Standards for Your Application CONDITIONAL USE APPLICATION R% 1. Attached please find a letter from the applicants, Tom and Noel Congdon, stating that Gretchen Greenwood is authorized to act on their behalf. 2. The street and legal address of the proposed development is as follows: 202 W. Francis St. Aspen, Colorado 81611 Lots R and S, Block 48, City and Townsite of Aspen, Pitkin County, Colorado 3. A Certificate of Title will be submitted under separate cover. 4. Attached please find the Vicinity map locating the subject parcel. 5. The entire proposed development includes the restoration of a Victorian Miner's cabin and stable, and a new building addition that will be built between the old Miner's Cabin and the stable. Included in the development is an Accessory Dwelling Unit. The A.D.U. will be a studio unit with a net square footage of 300 square feet. The unit is located at the second level of the new building, giving the resident a bright and sunny space. A parking space will not be provided for the unit. The studio is located directly off the alley of First and Francis Street. The close proximity of the unit to the center of Aspen, allows for easy walking to the bus station, grocery stores, and shops. The compliance with Review Standards of this proposed A.D.U. is attached to this Development application as Attachment 4. Drawings of the development are included for your review, as Attachment 3. The location of the A.D.U. are highlighted on the following drawings: 1. Site Plan 2. Main Level Floor Plan 3. Upper Level Floor Plan 4. 1/4" Floor Plan of Accessory Dwelling Unit 5. North and West Elevation of the Proposed A.D.U. Nuv -11 -�Y4 hRl 12:06 STI-wRY PAP.:SH LAND 00. FAX N0. ? 610934 November 10, 1994 Aspen/Pitkin county Planning Department City of Aspen To whom it may concern: This letter authorizes Gretchen Greenwood to represent Tom and Noel Congdon in the approval process for our residence located at 202 West Francis. Thank you for your help. Si rely, TOM and Noel Congdo C KIIN