HomeMy WebLinkAboutLand Use Case.CU.1365 Mayflower Ct.A24-92 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3/10/92 PARCEL ID AND CASE NO.
DATE COMPLETE: 7//2 2737- 181 -18 -005 A24 -92
STAFF MEMBER: KJ
PROJECT NAME: Patrick Conditional Use
Project Address: 1365 Mayflower Court, Aspen
Legal Address:
APPLICANT: John Patrick (714) 494 -2619
Applicant Address: 750 Wilson, Laguna Beach, CA 92651
REPRESENTATIVE: Susan Furr
Representative Address /Phone: P.O. Box 11300
Aspen, CO 81612 925 -6114
PAID: YES NO AMOUNT: $ N/C NO. OF COPIES RECEIVED 1/0
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P &Z Meeting Date VA( PUBLIC HEARING: ® NO
VESTED RIGHTS: YES NO
CC Meeting Date 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 NatGas
X Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspector / / \
Envir.Hlth. Roaring Fork X Other 6r nth
Aspen Con.S.D. Energy Center
n, Ne 4/
DATE REFERRED: b"k5 `1Y INITIALS: l'N' " / � ,-
FINAL ROUTING: DATE ROUTED: n I1,Q c�- L�IITIALINWL '� L
_ City Atty City Engineer _Zoning _Env. Health Yf
>C Housing _ Other:
FILE STATUS AND LOCATION: C (�
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planning Office
RE: Patrick Conditional Use for an Attached Accessory
Dwelling Unit
DATE: April 21, 1992
SUMMARY: Staff recommends approval of Conditional Use for the
Patrick attached accessory dwelling unit with conditions.
APPLICANT: John Patrick, represented by Susan Furr
LOCATION: 1365 Mayflower Court, Lot 4 of the Woerndle Subdivision
(please see attached location map)
ZONING: R -15 PUD
APPLICANT'S REQUEST: The applicant is requesting Conditional Use
approval to develop a basement level accessory dwelling unit in
conjunction with the construction of a new 2,171 s.f. residence.
The accessory unit will be approximately 480 s.f. of net livable
area. Please see Attachment "A" for floorplans and building
elevations.
STAFF COMMENTS: The subject property in vacant. For the
construction of a residence, Ordinance 1 requires either deed
restriction of the new home, provision of an accessory dwelling
unit, or cash -in -lieu for affordable housing. The applicant is
proposing a deed restricted accessory dwelling unit to comply with
Ordinance 1. 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: This proposed unit 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.
12
Commission shall be adhered to and considered conditions of r✓
approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on April 21,
1992.
Attest: Planning and Zoning ommission:
e zt /��I � sYru-c -c- 2
Jan C.rney, Deput /City Clerk Jasmine Tygre, Ch '
■.
2
RESPONSE: The accessory dwelling use is compatible with the other
residential uses in the surrounding neighborhood. The unit 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 proposed accessory unit will be completely contained
within the proposed home. A parking space is not required by code
for a studio accessory unit, but staff believes that one should be
provided for the unit assuming it will be occupied by a long -term
tenant. Ms. Furr indicates that a bus stop is located nearby the
proposed home. The unit will access the exterior through a garden
level patio on the west side of the house. No other 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 neighborhood.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
RESPONSE: The proposed deed restricted unit will be able to house
a local employee. 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 1.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
2
I7
Conditional Use for a 482 s.f. basement level accessory dwelling
unit for the Patrick residence 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 the property, a
copy of the recorded deed restrictions for the accessory dwelling
y units must be forwarded to the Planning Office.
I� One parking space shall be provided on -site for the accessory
/ /dwwelling unit.
R
4. 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 U ���
approval, unless otherwise amended by other conditions.
5, AN e� � �, ,�� a ay. gad ( P&J ca it 4
RECOMMENDED MOTION: I move to approve Conditional Use for a 482
s.f. basement level accessory dwelling unit within the proposed
Patrick residence at 1365 Mayflower Court with the four conditions
recommended in the Planning Office memo dated 4/21/92.
6 - -
e S , Sa t ra r �l e EM �4, crg *DU Doi ra
Attach ts: "A" - Proposed Site Plan, Floorplans, and Elevations
-Pe?'" 1A-zj
3t - S k u ca. - ia-i. 4-4. uT u
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Patrick.adu.memo
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PLANN1aG & A EONING COMISSION
EXHIBIT 11 it" , APPROVED .
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APR 1 4
April 14, 1992
Larry Fredrick
52 Mc Skiinming
Aspen, Co. 61611
Kim Johnson
Aspen Planning and Zoning
130 S. Galena
Aspen, Co. 61611
Re: Patrick: conditional use review,
Lot 4 Worndell Subdivision
As an adjacent homeowner, and full time resident, I have no
objection to a single family unit being built on - lot 4. However, I
do object to an additional acessory dwelling unit being allowed.
Mayfolwer Court is a dead end dirt road. Adding an additional
single living unit will increase traffic and impact by at least
25'%, from three to four units. This will also increase dust
polution by a proportional amount. Allowing additional living
units, reguardless of their size will impact the area even more
If you allow additional living units ( Acessory Dwelling Units) in
this cul -de -sac the total living units could eventually total
eight seperate living units. That would mean an increased impact
of more than double the current situation. This is assuming that
lot 5 cannot be developed as well.
To allow such an impact to this neighborhood will change the
character. In e-ffect you change the zoning to one o+ duplexs
rather than single family units. This is nothing more than a
bureaura.tic way to bring back bandit units leagaliy, when just a
short while ago they were considered a blight on the community.
The idea that the acessory unit could be restricted to long
term rental is encouraging, however silly. Given the
bureaucracy required to enforce it , abuse is but a simple
matter. Personal experience in this neighborhood in attempts to
control short term rentals has been a waste of my time trying
to get the system to work. I don't forsee anything in the future
that would make the system work any better.
Given the current fad like atmosphere within the city government
for low cost acessory dwelling units I have no doubt my
arguments will have little effect and be passed off as just
another NIMBY. That is :indeed sad as I will have to deal. with
the impact of increased noise, dust, traffic, loose and noisy
pets, etc.. Once the impact is incurred there will be no way to
• correct it in the future. If it were not for NIMBY's just
imagine what Aspen could have become'-
Unfortunately I will be out of town during the hearing on April
21st. I hope this letter will express my total discontent with
the acessory dwelling unit concept, d - ncereiy,
1J Fredrick
ATTACHMENT 1
LAND USE APPLICATION MUM •
1) Project mane 020e64E9 U)01.40 pAT216 SZEh ;op.w:E
2) Project Location kr 4 WDEPLNDI.G 4'U?QRiI*I0'J , AtPe1.)
(indicate street address, lot & block number, legal description cohere
aPpr°priate) .
3) Present Zoning 2: • 16 PIA!? 4) Iot size 7483 2. xr.
5) Applicant's Name, Address & Prone 1 J041.1 f4TZIGX.
150 W1104 � 1.4GIAIJA pGec1+ C. 92651 714. 4
6) Representative's Name, Address & Prone S 'USAA) 1`U181.
COOX 11300 4,5p0.4 co 01(012 q22- G0114
7) Type of Application (plea check all that apply):
X Conditional Use _ Concepts SPA _ Conceptual Historic Dev_
Special Review _ Final SPA _ Final Historic De/-
_ 8040 Greenl i ne Conceptual MD Minor Historic Dev_
Stream Margin ___ Final RID Historic Demolition
Mountain View Plane _ Cihlivision Historic Designation
CbrdcminiuMization Text/Map Amendment CVOS Allotment
Int Spllt,/Int Tine _ Q9S Exemption - - .
Adjustment
8) Desc r iipti on of Ddsti rn Uses '(number and type of existing structures;
approximate sq_ ft.; number of bedrooms; any previous approvals granted to the
prof erty) -
UNIMPizov02 1.01" - ND ptzevl0U5 47PRDUAfh GrZAN
9) Description of Development Application
4 ArMGNEQ WT1BZ.
10) have you attactmd the following'? - -
Respcnse to Attachment 2, Minimum Sul:mission Contents
i/ Response to Attachment 3, Specific <1111111 'Sion Contents —
V Response to Attactment 4, Review Standards for Your Application
MAR I 01992
RRz�i
March 3, 1992
PROPOSED JOHN PATRICK RESIDENCE
Lot 4, Woerndle Subdivision
Mayflower Court
Aspen, Colorado
Conditional Use Application for an Accessory Dwelling Unit
as per Ordinance No.1 (series of 1990)
We propose to provide a 482 square foot studio apartment to be rent restricted
for employee housing. The accessory dwelling unit is located in the lower level,
completely below grade, except for the entrance, of our proposed 2171 square foot
(above grade) residence. The residence also has a 784 square foot 2 -car garage,
so the proposed F.A.R. is 2355 square feet. The residence also will have an
additional 670 square feet below grade, besides the apartment.
The studio apartment has a full bath and a kitchenette and a storage area in
addition to the primary living space. It has an entry separate from the primary
residence entry. Plans for proposed residence have been enclosed, meeting all
the requirements for Attachment 3. It is to be built on a currently undeveloped
lot in an R -15 P.U.D. district.
Included in our proposal, as per Attachment 2, is a letter authorizing Susan Furr
as the representative for John Patrick, a disclosure of ownership of the property
on which the residence is proposed, and a vicinity map.
In response to Attachment 4, our proposal is consistent with the Aspen Area
Comprehensive Plan and the zone district. It is compatible with the homes in the
immediate vicinity. The location of the apartment and it's access minimizes any
adverse effects upon the neighborhood and there are adequate public facilities
to accommodate the extra dwelling unit. The intent is to supply affordable
housing, if the apartment is rented, and we feel our plan complies with all the
standards of any other applicable requirements.
Resp ctfully s itted,
Susan Furr, uthorized Representative for John Patrick
Box 11300, Aspen, CO
303 - 925 -6114
4.
March 3, 1992
To Whom It May Concern;
RE: Conditional Use Application
I, John William Petrick, authorize Susan Furr as my personal
representative, to act on my behalf in all matters pertaining to the
Conditional Use Application for apartment use.
John William Patrick Susan Furr
950 Wilson Box 11300
Laguna Beach, CA 92651 18 Roaring Fork Drive
(714) 494 -2619 Aspen, CO 81612 -9599
(714) 731 -3100 (303) 925 -6114
S C H E D U L E A
ORDER NO.: 00018778 POLICY NO.: 0 -9981- 107345
DATE OF POLICY: January 07, 1992 at 12:31 P.M.
AMOUNT OF INSURANCE: $ 330,000.00
1. NAME OF INSURED:
JOHN PATRICK
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS:
Fee Simple
3. TITLE.TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
JOHN PATRICK
4. THE LAND REFERRED TO IN THIS POLICY IS IN THE STATE OF
COLORADO, COUNTY OF PITKIN, AND IS DESCRIBED AS FOLLOWS:
Lot 4,
WOERNDLE SUBDIVISION
Stewart Title of Aspen, Inc.
• 602 E. Hyman
Aspen, CO 81611 i
• 303- 925 -3577
.EA1170
RI2ED rf
SIGNATURE U STEWART TITLE
GUARANTY COMPANY
99C
• ".“ •
S C H E D U L E B •
POLICY NO.: 0- 9981 - 107345
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH
ARISE BY REASON OF:
1. 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. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO
WATER.
6. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED
TAX SALES.
7. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSIONS IN ANY WATER SERVICE OR STREET
IMPROVEMENT AREA.
8. Any vein or lode of quartz or other rock in place bearing gold,
silver, cinnabar, lead, tin, copper or other valuable deposits
claimed or known to exist on March 23, 1885 and the right of the
proprietor of any vein or lode of quartz or other rock in place
bearing gold, silver, cinnabar, lead, tin, copper or other
valuable deposits for the purpose of extracting and removing the
ore from such vein or lode, should the same be found to
penetrate or intersect the premises, all as reserved in patent
recorded June 17, 1949 in Book 175 at Page 246 as Reception No.
96480.
9. Reservation of the mineral rights within Lots 20, 22 and 23 in
Block 18 of Riverside Addition, instruments recorded in Book 3
at Pages 431 and 438 as Reception No. 26702, and in Book 63 at
Page 140 as Reception No. 35190, containing the provision that
the exercise of said interest steal be done without in any way
disturbing or interfering with or unfitting for dwelling or
other domestic purposes the surface ground of said Lots.
Continued on next page
STEWART TITLE
OQS6•NTY COYPSR•
99C•
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO.: 0 -9981- 107345
CONTINUATION OF SCHEDULE B
10. Easement Agreement for easements for ingress and egress and for
utilities as set forth in instruments recorded_ September 18,
1974 in Book 291 at Page 354, Book 291 at Page 362 and Book 291
at Page 363.
11. Terms, conditions and obligations as set forth in Woerndle
Subdivision Agreement recorded September 18, 1974 in Book 291 at
Page 358 as Reception No. 170135.
12. Protective Covenants for Woerndle Subdivision as set forth in
instrument recorded September 18, 1974 in Book 291 at Page 365
as Reception No. 170138, and as amended by First Amendment
recorded June 13, 1984 in Book 467 at Page 823 as Reception No.
260206.
13. Easements and restrictions as set forth on the recorded plat of
Woerndle Subdivision.
14. Terms and conditions as contained in Articles of Incorporation
for the Woerndle Subdivision Homeowners Association, recorded
October 26, 1976 in Book 318 at Page 467 as Reception No.
188270.
15. A Deed of Trust dated January 3, 1992, executed by John Patrick,
to the Public Trustee of Pitkin County, to secure an
indebtedness of $264,000.00, in favor of Wolfe Employee Pension
Trust, recorded January 7, 1992 in Book 666 at Page 212 as
Reception No. 340279.
STEWART TITLE
GUARANTY Corr•■•
our
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5197
March 13, 1992
Ms. Susan Furr
P.O. Box 11300
Aspen, CO 81612
Re: Patrick Conditional Use Review for an Accessory Dwelling Unit
Case A24 -91
Dear Susan:
The Planning Office 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, April 21, 1992
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
Planning Office.
Please note that it is your responsibility to mail notice to property owners
within 300' and to post the subject property with a sign prior to the public
hearing on April 21, 1992. 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 Kim Johnson, the planner assigned to
your case.
Sincerely,
Cindy Christensen
Administrative Assistant
form: complete.apz.ph