HomeMy WebLinkAboutcoa.lu.cu.521 N 7th St Unit A.A69-92A 14 Cunningham Uonditi nal U e
Review for an ADU A69-92
2735-121-18-001
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Telephone 303-925-2571
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Code Axalysifs k Design
Cdde consultation, design & optimization • Plan review
Project management • Value engineering
Specification writing • Building inspection service
tJ. ROBERT WEIEN
1.C.B.O. Certified 709 West Main Street
C.A.B.O. Aspen, Colorado 81611
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 8/11/92 PARCEL ID AND CASE NO.
DATE COMPLETE: 8/11192 2735-121 18-001 A69-92
STAFF MEMBER: KJ
PROJECT NAME: Cunningham Conditional Use Review for an ADU
Project Address: 521 N. 7th Street, Unit A
Legal Address: LBH Association Condominiums, Unit A
APPLICANT: Mac Cunninaham
Applicant Address: 121 South Galena St., Suite 201, Aspen
REPRESENTATIVE: Rob Weien Code Analysis and Design
Representative Address/Phone: 709 W. Main Street
Aspen, CO 81611 925-2571
FEES: PLANNING $ # APPS RECEIVED 3
ENGINEER $ #-PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ N/C
TYPE OF APPLICATION: STAFF APPROVAL:
1 STEP:
X
2 STEP:
P&Z Meeting Date 9/8/92 PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
CC Meeting Date
DRC Meeting Date
None
REFERRALS:
City Attorney
City Engineer
X Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
X Zoning
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: 0 13 Z INITIALS: 5' W DUE: 8/26/92
FINAL ROUTING: DATE ROUTED: /I Y/%, --INITIAL:
... ZCity Atty City Engineer n i n g Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR AN ATTACHED ACCESSORY
DWELLING UNIT WITHIN A DUPLEX LOCATED AT 521 N. 7TH STREET
(UNIT A OF THE LBH ASSOCIATION CONDOMINIUMS, LOTS G,H AND I, BLOCK
8, TOWNSITE OF ASPEN) IN THE NAME OF MAC CUNNINGHAM.
Resolution No. 92-17
WHEREAS, pursuant to Section 5-510 of the Aspen Land Use
Regulations bandit dwelling units may be legalized as accessory
dwelling units in conformance with the requirements of said
Section; and
WHEREAS, Conditional Use approval must be granted by the
Planning and Zoning Commission for accessory dwelling units; and
WHEREAS, the Planning Office received an .application from Mac
Cunningham for a Conditional Use review to legitimize an existing
attached accessory dwelling unit within his half of duplex at 521
N. 7th Street; and
WHEREAS, the Planning Office has determined that the 525 net
livable square foot accessory dwelling unit is above grade for
purposes of Floor Area Ratio bonus calculations for Unit A; and
WHEREAS, the Housing Office and the Planning Office reviewed
the proposal and recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on
September 8, 1992 the Planning and Zoning Commission approved by
a 7-0 vote the Conditional Use review for the Cunningham accessory
dwelling unit, amending the conditions recommended by the Planning
Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Cunningham Conditional Use for a 525 s.f. net livable,
above -grade accessory dwelling unit is approved with the following
conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen/Pitkin County Housing Authority for approval. The units
shall be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Authority, the Owner shall
record the deed restrictions with the Pitkin County Clerk and
Recorder's Office.
2. Prior to issuance of any building permits for Unit A, a copy of
the recorded deed restrictions for the accessory dwelling units
must be forwarded to the Planning Office.
3. Prior to the issuance of any building permits for Unit A, access
14
• - $
to the ADU shall be changed to give direct access into the unit
rather than through the common laundry area.
4. Any building permits issued for Unit A shall require conformance
with the Uniform Building Code requirements for sound attenuation
between the ADU and the principal dwelling.
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.
APPROVED by the Commission at its regular meeting on September 8,
1992.
Attes
Jan ney, eputy C y Clerk
2
Planning and Zoning M
ssion:
^ .'I-
asmine Tygre, Cha
a Zs�
MEMORANDUM
TO: Planning and Zoning Commission (� V
FROM: Kim Johnson, Planning Office
RE: Cunningham Conditional Use for an Attached Accessory
Dwelling Unit
DATE: September 8, 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: Staff recommends approval of Conditional Use to
legitimize a 525 s.f. garden level accessory dwelling unit in a
duplex with conditions.
APPLICANT: Mac Cunningham, represented by Rob Weien
LOCATION: Unit A of the LBH Association Condominiums, 521 N. 7th
Street (Lots G,H, and I, Townsite of Aspen)
ZONING: R-6
APPLICANT'S REQUEST: The applicant is requesting Conditional Use
approval to legalize an existing garden level one -bedroom accessory
dwelling unit. Net area of the unit is 525 s.f. (revised from 591
s.f. to exclude common storage area). Please see Attachment "A"
for floorplans and building elevations.
REFERRAL COMMENTS: Cindy Christensen from the Housing Office
forwarded a memo stating that the accessory unit meets minimum net
livable area. The required deed restriction for resident occupancy
must be approved by the Housing Office and recorded at the County
Clerk prior to issuance of any building permits. (Attachment "B")
STAFF COMMENTS: The applicant is seeking official City approval
to retain the apartment which has existing within Unit A since the
duplex's construction in 1974. The applicant will be eligible for
floor area bonus as it has been determined by staff that this unit
is functionally above grade (all windows are standard sizes and
heights above the interior floor levels). The accessory dwelling
unit will be deed restricted to resident occupancy.
The Commission has the authority to review and approve development
applications for conditional uses pursuant to the standards of
Section 7-304:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located.
RESPONSE: As a resident -occupied deed restricted unit, this
apartment will allow the property to house a local employees in a
residential area, which complies with the zoning and Aspen Area
Comprehensive Plan.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
RESPONSE: The accessory dwelling use is compatible with the other
residential uses in the surrounding neighborhood. The unit has
been and will not be visible from the outside.
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 existing unit is completely contained within
Unit A. A parking space is not required by code for a one bedroom
accessory unit. The property is non -conforming for parking with
four spaces identified on the site plan for six bedrooms within the
duplex (not counting the ADU). Currently the occupants of the
duplex park along the shoulder of Seventh St. and off of the alley
along the south side of the lot. As the accessory unit has existed
for years without apparent parking problems, Planning staff
believes a parking space should not be required. Exterior accesses
for the unit is through a stairway on the north side of the house
which enters a common laundry area. Internal access is by a
locked -off stairway through the laundry area. The applicant has
indicated that in the near future, he intends to move the exterior
door several feet to the west so that it enters the apartment
directly rather than through the laundry area. This will create
more livable space inside the unit by eliminating some walls and
awkward traffic flows. Planning and Zoning staff made a site visit
and agree that this would be a helpful improvement. No other
significant impacts are anticipated.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools.
RESPONSE: All public facilities are all ready in place for the
existing home and neighborhood.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
2
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ZONING COMKISSION
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PLANN* ZONING COMMISSION
EXHIBIT N " , APPROVED r
1q BY RESOLUTION
MEMORANDUM
TO: Kim Johnson
FROM: Cindy Christensen
DATE: August 21, 1992
RE: CUNNINGHAM CONDITIONAL USE REVIEW FOR AN ACCESSORY
DWELLING UNIT
After reviewing the above -referenced application, the Housing
Office approves the proposed attached accessory dwelling unit
pursuant to Chapter 24, Section 5-510, of the City of Aspen
Municipal Code:
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 floor area requirement is for net liveable square feet as
defined by the Housing Office below:
Net Liveable Square Footage is calculated on interior living area and is measured interior wall to
interior wall, including all interior partitions including, but not limited to, habitable basements and
interior storage areas, closets and laundry area. Exclusions include, but are not limited to,
uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or
detached), patios, decks and porches.
Per the applicant's calculations, the accessory dwelling unit is to
be 591 net liveable square feet, which meets the minimum Housing
Office guidelines. Prior to building permit approval, a signed and
recorded Deed Restriction must be completed. A copy of said deed
restriction has been attached for the applicant's use. This
process could take from three to four days. The Housing Office
must have the recorded book and page number prior to building
permit approval.
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CODE ANALYSIS AND DESIGN
709 WEST MAIN STREET
ASPEN, CO 8161
(303) 925-2571
TO: City of Aspen Planning and Zoning Commission
FROM: Mr. j. Robert Weien
Code Analysis and Design
709 West Main Street
Aspen, CO 81611
REPRESENTING: Mr. Mac Cunningham
521 North Street' q-1-6 S7
Aspen, CO 81611
DATE SUBMITTED: Aug 11, 1992
CONDITIONAL USE APPLICATION
CUNNINGHAM EMPLOYEE DWELLING UNIT
ATTACHMENT 2
MINIMUM SUBMISSION CONTENTS
1) Representative authorization- see attached
2) Street Address-
521 North Street, Unit A
Lots G, H, l; Block 8, City of Aspen
3) Ownership- see attached
4) Vicinity map- see attached
5) The proposal -
To legitimize an existing one bedroom, 525 sf employee -occupied
dwelling unit located at the ground level of unit A, "Hibberd House" duplex,
corner North Seventh and North Streets per the guidelines of Ordinance No.
47 (Series of 1988). The unit area is within the confines of the 300 sf to 700
sf limits set by Sec. 5 -5 10 and is presently, and has been previously,
occupied by an employee of Aspen/ Pitkin County. Although not required
by the ordinance, parking is available on -site, south of the unit, off the alley
side of the parcel. As shown on plan view sheet A-3, a separate entrance is
provided to the unit at the North elevation. This use is consistent with the
surrounding residential use of the neighborhood. The unit is located
r]
•
cunn p/z OS/10 pg.2
generally above grade and meets the life -safety requirements of the locally
adopted building code.
ATTACHMENT 3
SPECIFIC SUBMISSON CONTENTS
A. Sketch plan- see attached site plan and plan view sheet A-3
B. Not applicable
ATTACHMENT 4
CONDITIONAL USE REVIEW STANDARDS
A. The legitimization of the existing employee dwelling unit is consistent
with the goals and objectives of the Aspen Area Comprehensive Plan as
amended by the enabling ordinance (Ordinance No. 47-88) and is in
harmony with the residential nature of the R-6 zone in which it is located.
B. The legitimization of the existing employee dwelling unit is both
consistent and compatible with the surrounding residential nature of the
neighborhood.
C. There will be no visual impacts associated with the legitimization of the
employee dwelling unit. Off-street parking, although not required, is
available off the alley to the South. No adverse impacts on the surrounding
residential community are anticipated. The present sizing of the unit at 525
sf puts it midway between the required area parameters.
D. Adequate public facilities are presently available to the unit and no
increase in requirements are anticipated.
E. Not applicable
F. The employee unit presently complies with all requirements of the
enabling ordinance as to floor area, access, quality of life and life -safety
concerns.
Respectfully s bmitted,
j.r Weie '
Code Analysis and Design
CITY OF ASPEN0
�!
&APPLICATION CONFERENCE SUMMARY
PROJECT vl
APPLICANT'S REPRE ENTATIVE:
REPRESENTATIVE'S PHONE: �s71
OWNER' S NAME: / '
SUMMARY
r
1. Type of Application: G-"��
2. Describe action/type of development being requested:
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent
Comments
4. Review is: AP&Z On (CC Only)
5. Public Hearing: YE (NO)
(P&Z then to CC)
6. Number of copies of the application to be submitted.
fJ.
7. What fee was applicant requested to submit: w�J
8. Anticipated date of submission:
9. COMMENTS/UNIQUE CONCERNS:
frm.pre_app
ELI
IUU na [flair 1 •
4-D LlSE ATTT ICtMON FORM
1) Proj Oct r4az 2! Cr�j - )IN(,��%�%�
2) 1 roj ect Loca tioa W � M r- l j� �� 1
(indicate street address, lot &I block ems, legal desc:riion why I
appropriate)
(D
3) pit Zoning — .4) Lot Size
5) Applicant's Name, Address & rtboneI�1 1�� : o K h> N
{ 1 1 ) E) b I I Cj -3
G) Representative's Name, Address & Fl one
7) Type of Application (Please check all that apply):
Oorditional Use oax�eptual SPA OxK)eptual Histor-ic Dev_
Spec-..ial Peview Final SPA Final Historic Den
8040 Green _ine ()o xceptual PM Minor Historic Dev_
Stream Margin Final PUD Historic Demolition
Noxzntain View Plane Subdivision Historic Designation
minivanizatian' Zhxt/Map AMeDdMCnt C;ri Allotment
Lot Split/Lot Line CzIQS E), ton. _
Adj ust�.�t
8) Descriptio3n of bri s!-i ngr uses - (rxmnber and type of exi-� structures:
apprnoc maate sq_ ft_ ; rx=ber of bedro any PreviotIS- appals granted to the
pr'ePertY) -
SS�CT ex1::;�_ � � O�
0- FM r �rj�'F_E_ C-CC-0 n__�)
9) Description of Development Application
D ]P o ES O
10) lave you attached the followri ncf?
Rye to Attachment 2, M i n i m_nn Sk� ion 000tents
L - I tsc to Attachment 3, Specific _omission Contents
t=rbasponse, to Attachment 4, Review Standards for Your Application
COMMITMENT •
SC iEDULE A
Uxmnas A. Melberg
100 E. Hopkins, Suite 102
Aspen, 00 81611
1. Effective Date: February 26, 1992 at 7:00 N-1
PL/jP
I. My A. CUNNING1I M
3. ALTA Loan Policies
Pruposed Insured:
Order No. 401925-C
Customer Reference Hibbard
Amomt: $ 382,000.00
At: $ 332, 000.00
Amount: $
4. The estate or interest in the land described or referred to in this Commitment and
conveyed herein is:
i i• p
and title thereto is at the effective date hereof vested in:
Owner's Premium:
$
1,052.00
Lender's Premiwn:
$
50.00
Add' 1 Lender Cxg :
$
Acid' 1 Charges:
$
Tax Certificate:
$
10.00
D-)dorsenent Chg :
$
T® Charges:
$
TOTAL CHARGES:
$
1,112.00
issued by:
Aspen Title Corporation
600 E. I4kins Avenue, #102
Aspen, CO 81611
(fax) 303-920-4052
920-4050 (Denver) 595-8463
FIRST AMERICAN TITLE INSURANCE CCNFANY
COMMITMENT
Plat id No. 13/63
SCIMlD A (continued) Order No. 401925-C
5. 'The lwxi referred to in the Cannitment is covering the land in the State of
Colorado, County of Pitkin , described as follows:
Unit A,
LHI ASSOCIATION CONDCMINIUN6, according to the Map thereof filed for
reoord June 18, 1982, in Plat Book 13 at Page 63 and according to the
Condanini.um Declaration recorded July 22, 1982, in Book 429 at Page
680.
FIRST AMUCAN TITLE INSURANCE COMPANY
Cu NGHAM INVESTMENT CCONC.
SUITE 201
121 SOUTH GALENA STREET
ASPEN, COLORADO 81611
(303)925-8803
August 6, 1992
To Who It May Concern:
This letter is to confirm that Rob Weien, 709 West Main Street,
Aspen, Colorado, (303) 925-2571 is authorized to act in my behalf
concerning the application for the "Cunningham ADU Unit" located
at 521 North Seventh Street, #A, Aspen, Colorado.
Sincerely
cA. Cunningham
IMC/an
\ueien\80692
RESPONSE: Legalizing this unit will provide housing for local
employees. The applicant must file appropriate deed restrictions
for resident occupancy, including 6 month minimum leases. Proof
of recordation must be forwarded to the Planning Office prior to
issuance of any building permits.
F. The proposed conditional use complies with all additional
standards imposed -on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: This use complies with the Aspen Area Comprehensive Plan
and any other applicable conditional use standards.
Section 8-104 l.d. allows the Commission to approve accessory
dwelling units to be exempt from growth management competition.
This proposal qualifies upon approval of its conditional use
review.
STAFF RECOMMENDATIONS: The Planning Office recommends approval of
Conditional Use for the existing garden level accessory dwelling
unit for the Cunningham residence (Unit A, LBH Association
Condominium) with the following conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen/Pitkin County Housing Authority for approval. The units
shall be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Authority, the Owner shall
record the deed restrictions with the Pitkin County Clerk and
Recorder's Office.
2. Prior to issuance of any building permits for Unit A, a copy of
the recorded deed restrictions for the accessory dwelling units
must be forwarded to the Planning Office.
3. 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 the Conditional Use for a
525 s.f. garden level accessory dwelling unit within the Cunningham
residence at Unit A, 521 North 7th Street with the three conditions
recommended in the Planning Office memo dated 9/8/92."
Attachments: "A" - Site Plan, Floorplans, and Elevations
"B" - Housing Office Referral Comments
cunningham.a u.memo.
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PUBLIC NOTICE
RE: CUNNINGHAM CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING
UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, September 8, 1992 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, Pitkin County Library
Meeting Room, Basement Level, 120 North Mill Street, Aspen to
consider an application submitted by Mac Cunningham, 521 North
Seventh Street, Aspen, CO requesting approval of a Conditional Use
Review for a 525 square foot employee dwelling unit located on the
ground level of unit A, Hibberd House duplex on the corner of North
Seventh and North Streets, Lots G, H & I, Block 8, City of Aspen.
For further information, contact Kim Johnson at the Aspen/ Pitkin
Planning Office, 130 S. Galena St., Aspen, CO 920-5090.
s/Jasmine Tygre, Chairman
Planning and Zoning Commission