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HomeMy WebLinkAboutLand Use Case.CU.425 W Francis St.A20-96Neisser ADU - W. 42C Francis 2735-124-24-002 A20-96 Cl � U. CASWAD SUMMARY SHEET - CITY ONSPEN DATE RECEIVED: 3/14/96 CASE # A20-96 DATE COMPLETE: STAFF: Suzanne Wolf! PARCEL ID # 2735-124-24-002 PROJECT NAME: Neisser Residence ADU Project Address: 425 W. Francis, Aspen, CO APPLICANT: Neisser, Judith Address/Phone: 114 E. Bleeker, Aspen; 925-7213 REPRESENTATIVE: Gibson Reno Architects Address/Phone: 210 E. Hyman, Suite 202, Aspen, CO 81611; 925-5968 FEES: PLANNING $235 # APPS RECEIVED 1 ENGINEER $0 # PLATS RECEIVED 1 HOUSING $0 ENV HEALTH $0 TYPE OF APPLICATION: TOTAL $$235 One Step ❑ City Attorney City Engineer ❑ Zoning JK Housing ❑ Environmental Health J$J Parks DATE REFERRED: ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: & APPROVAL: Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FII.ED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: i1 DATE DUE: ,3 2 (c ( / W P)! Date: Date: Book -,Page J RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE NEISSER RESIDENCE, 425 W. FRANCIS ST. (LOTS C, D & E, BLOCK 35, CITY AND TOWNSITE OF ASPEN) Resolution No. 96-1 WHEREAS, pursuant to Section 26.40.090 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 Judith Neisser for a Conditional Use review for a studio accessory dwelling unit of approximately 393 net livable square feet within a proposed residence; and WHEREAS, the proposed unit is 100% above grade, therefore the site is allowed an FAR bonus of 250 square feet pursuant to the definition of Floor Area "Accessory Dwelling Unit", Section 26.04.100 of the Aspen Municipal Code; and WHEREAS, the Housing Office, City Engineer, Parks Department, Water Department and the Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on April 2, 1996, the Planning and Zoning Commission approved by a 3-2 vote the Conditional Use review for the Neisser accessory dwelling unit with the conditions recommended by the Planning Office, as amended. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Neisser Conditional Use for a 393 s.f. net livable, above grade accessory dwelling unit is approved with the following conditions: The access to the unit shall be redesigned to provide a separate, private entrance, prior to submission of the deed restriction to the Housing Office. 2. Prior to the issuance of any building permits, the applicant shall comply with the following: A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Office. 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; A k 3. 4. 5. 6. B. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs; and C. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. 35 sound attenuation requirements. Prior to issuance of a Certificate of Occupancy, the Planning Office shall inspect the unit to ensure compliance with the conditions of approval. All new surface utility needs and pedestals must be installed on -site. The applicant shall abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. 7. The applicant shall adhere to all material representations made in the application and during public meetings with the Planning and Zoning Commission and shall consider these representations to be conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on April 2, 1996. Attest: 0"JA �A"c Amy Schyiid, Deputy City Clerk Planning and Zoning Commission: _ U►" V Sara Garton, Chair • 0 MEMORANDUM TO: Planning and Zoning Commission FROM: Suzanne Wolff, Planner RE: Neisser Conditional Use Review For an Accessory Dwelling Unit (ADU) - Public Hearing DATE: April 2, 1996 SUMMARY: The applicant is requesting conditional use approval to construct an ADU located within a proposed new residence. The studio ADU is located on the upper level of the residence and contains approximately 393 square feet. The application packet is attached as Exhibit A. Staff recommends approval of the conditional use for an accessory dwelling unit with conditions. APPLICANT: Judith Neisser, represented by Steve Buettow, Gibson Reno Architects LOCATION: 425 W. Francis; Lots C, D & E, Block 35, City and Townsite of Aspen ZONING: R-6 LOT SIZE: 9,000 square feet FAR: Allowed = 3,660 square feet; Proposed = 3,349 square feet REFERRAL COMMENTS: Please see comments from the the Housing Office (Exhibit B). Verbal comments from the Parks, Engineering and Water Departments are included below; written comments will be available at the meeting. Housing Office: Cindy Christensen has reviewed the project, and notes that the unit has a private entrance and is located on the upper level of the residence. The Housing Office recommends approval subject to the following conditions: • The kitchen shall include a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. • The unit shall be deed -restricted prior to building permit approval. Parks Department: A tree removal/relocation plan shall be provided to the Parks Department for review and approval prior to issuance of any building permits. Any removal of trees will require a tree removal/relocation permit. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. 0 0 Engineering Department: Three parking spaces are indicated in front of the garage; the westernmost space is within the setback. The existing fence encroaches outside of the front property line. Water Department: Phil Overeynder requests that the applicant abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. STAFF COMMENTS: Conditional Use Review - Pursuant to Section 26.60.040, 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 purposed to be located, RESPONSE: A fundamental goal of the Aspen Area Community Plan is to "Create housing opportunities for 60% of the workforce to live up -valley of the Aspen Village Trailer Park". A short-term goal with the Housing Action Plan was to develop "650 new affordable housing units, including employee -occupied ADUs to achieve the identified current unmet need to sustain a critical mass of residents". Staff notes that an additional goal included the revision of the ADU program to require registration and deed restrictions of all ADUs. The ADU, as depicted, exceeds the minimum net livable requirement of 300 square feet. The unit must comply with the Housing Guidelines and shall be deed restricted as a resident occupied unit for working residents of Pitkin County. The property is zoned R-6 (medium density residential). Lands in the R-6 zone are generally limited to the original Aspen Townsite, contain relatively dense development patterns, and are within walking distance to the central core. 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 R-6 zone is a relatively dense zone district, which is appropriate for the development of ADUs. In staff's opinion, the proposed ADU does not represent an incompatible use, and the proximity to the downtown core is consistent with long-term policies of community revitalization. 2 • n 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 unit meets the overall objective of liveability; the unit is above grade, obtains adequate natural light, and has a separate exterior entry from the alley. Parking is provided on the driveway apron in front of the garage. 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 additional infrastructure is required for the ADU above and beyond what is 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 ADU must be deed restricted for resident occupancy. If the unit is rented, they must be used to house a qualified working resident of Pitkin County. 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 proposed unit is required by Ordinance 1, 1990, and must be deed restricted. STAFF RECONUMENDATION: Staff recommends approval of the ADU with the following conditions: 1. Prior to the issuance of any building permits, the applicant shall comply with the following: A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders 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; B. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs; and C. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. 2. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. 35 sound attenuation requirements. Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the unit to ensure compliance with the conditions of approval. 4. All new surface utility needs and pedestals must be installed on -site. 5. The applicant shall abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. 6. The applicant shall adhere to all material representations made in the application and during public meetings with the Planning and Zoning Commission and shall consider these representations to be conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the conditional use for an ADU at 425 W. Francis St. with the conditions as outlined in the Planning Office Memo dated April 2, 1996". Exhibits: "A" - Application Packet "B" - Referral Comments 9 [uua.ra.0 � LAM USE APPlsCAT1CK FOW EXHIBIT A 1) Project Name 2) Project location �• G/ �S N.. �6�/�i� o Ca7S c. � sf C .gG6GC �� G/�j .9�n ��;z�z�'�v yt�6 vl •4-Sj���i (indicate street, lot & block r&=ber, legal description where appropriate) 3) Present Zoni_M 4) lot Size 5) Applicant's Name, Address & Phone # ,�o�� Al"4� e.,r-4 iooyx 8/E 6) Representative's Name, Address & Phone # 7) 7ype or Application (please check -all that apply): Conditional Use Spec Review 8040 Online Mountain View Plane Conceptual SPA Final SPA Octymptual PUD Final PUD ►+ LiP�• : ��_�.�� is -01� IV -/ors Minor historic Dev. - 6-n• - - stae Historic Designat:crn MEW Iot Split,/Lot Line GKS motion Adjus�t 8) option of Existing Lases (number and type of existing stnictures; approximte sq. ft. ; number of bathrooms; any previous approvals granted to the PAY) - 9) Description on of Develcpnrt Application 10) Have you attached the followirrp? Response to Attacdzsmt 2, Minimum Submission Cbritents Response to Attac3mmt 3, Specific Submission Cmtents Respartse to AttadmenL 4, laeview Standards for Your Application 5- �-ad -`lc 0 • March 12, 1996 Aspen/ Pitkin County Community Development Department DAVI D 130 South Galena Street GIBSON, Aspen, Colorado 81611 AIA Re: Neisser Residence AUGUST Conditional Use (A.D.U.) 425 W. Francis RENO, Aspen, Colorado AIA We are pleased to submit the enclosed application for the Conditional Use of Accessory Dwelling Unit (ADU) in the residence located at 425 W. Francis in Aspen, Colorado. SCOTT The following addresses Attachment 4, Items A- F of the Review SMITH. Standards for the development of a Conditional Use. AIA A. The current zoning of the property is R-6 which allows Accessory Dwelling Units as a Conditional Use within this zone district. The Aspen Area Comprehensive Plan encourages residences to provide an ADU within a single family residence to help supply housing within the Aspen Area. B. The Conditional Use is consistent and compatible with the character of the immediate vicinity of the West End parcel. The surrounding area consists of single family residences and several existing ADU's. G I BSON - RENO C. The 393 Square Foot, Studio ADU will be located on the Upper Level A R C H I T E C T S III of the Single Family residence and Is provided with a separate exterior Entry. The Entry is located off the existing Alley adjacent to the Garage. There is provision for 3 Parking Spaces in addition to the single Garage. The ADU will have no adverse effects 210 E. HYMAN on the surrounding properties. D. The Accessory Dwelling Unit is located in a single family residence NO 202 within the city limits of Aspen, and has access to all public facilities and services. ASPEN E. As a requirement of Ordinance #1, replacement housing program, COLORADO for a new single family home within the R-6 zone district 81611 the applicant must provide an Accessory Dwelling Unit or pay a fee in lieu. This ADU unit fulfills this requirement. 303.925.5968 F. This Conditional Use of the Accessory Dwelling Unit complies with all standards by the Aspen Area Comprehensive Plan and FACSIMILE the requirements of Ordinance #1. 303.925.5993 Thank you for your time in reviewing our request for an Accessory Dwelling Unit and should you have any further questions regarding this application, please feel free to contact me. P.O. BOX 278 Sincerely, 117 N. WILLOW N° 2 TELLURIDE COLORADO 81435 August G. Reno 303.728.6607 FACSIMILE 303.728.6658 • March 12, 1996 Aspen/ Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 This application is for a Conditional Use of an Accessory Dwelling Unit. The development is located at 425 W. Francis. The legal description is Lots C, D & E, Block 35, Aspen Townsite. Floor Area Ratio Proposed First Floor 2175 SF Second Floor 856 SF ADU: 534- 250 SF = 284 SF 3315 SF Garage 318 SF -250 SF .5FAR x68= 34SF 3349 SF DAV I D GIBSON. AIA AUGUST RENO. AIA SCOTT SMITH. AIA Allowable - W_ G IBSON • RENO k �_ H I J E C T S III 9000 SF R-6 Duplex Lot = 4080 SF 4080 SF I 210 E. HYMAN N° 202 ASPEN COLORADO 81611 303.925.5968 FACSIMILE 303.925.5993 P.O. BOX 278 117 N. WILLOW N°2 TELLURIDE CO LO RADO 81435 303.728.6607 FACSIMILE 303.728.6658 C/ csre4eQ \\ Mo' trnra(n Vlew Or, �� o �4 �f�9'>.�\ C . �crye •9O• 9�/9\ U ~ Snow \� coAo A/ •,ice q� a Rd o u <n ode\ �N%s / \ Sn Wpunny Cf •csdll SfJSG Sierre o'l \ nG,f Qro •o f ryesaWetto e �s Aspen gee r--.s , D InStrtute i c C�Rosnn e :: oftc p .5 JG r ) m D hAuSK ° YY I' e Tern \\9 \i v l'= i pcc \ Wood DuckLn <� a , �2•� 7+ j �� Gllles ie Sr o �yc Pe rf cf GO Course �n c h ti Maroon Creek Rd l e � �l 1 n°' c HOSP jc 1 / To 9","ose Path � N h.a?: f :�•., , t, �'' a °°'Onnra I g ner�� O ca 0��e e�is � ✓ue Sr lerksAurin VICINITY MAP Vine Sr n 4oi � 1• eQ/' III 6 4�' 1 soy 9/0 A Pic cep ' tine! y ds Sr N I tr de y jif � j\ aeon SI er Aryn Ao Man "c or ; �,''; o` `may°, Ouhn r • cr `p4 We4,* as`9 Av Ae n Grow /Fn Pl .N. r - c z, _ _ 9 WesWlsw fro! Uts Prsi ,: � , e� c'cA7(•d. n i 82 a To Tw,n I.akec E ACCESSORY DWELLING UNITIPLi ON SECOND LEVEL 1/4" = T-O"" n4R�& DWELLING UNIT SF E SPACE � L EN TO OPEN Tp :IOW BEL)JW� 1 ) EDGE ASPNAL7 979 I WEST . FRANCIS . STREET i FOUND: REBAR k CAP L.S. 9184 S 75 09'!1' E F— W W F— V) L.I Cl' 0 96.8 98.4 I 60' 13' 17' 16' 10 8' 10' 16' � N 1 M J I 10' 0 W W . � M v x v � v Z Z x 0 � I I I I 99.1 0 R)UNU: REBAR k CAP N 75 09'I1' W 90.00, L.S. 9184 (FIELD: N 75 I5'00' W 89.73') x99.8<r ALLEY) x99.4(f ALLEY) ALLEY . BLOCK . 35 95.8 0 96.6 c V In 0 lE DATA REOUIRED .ALLOWED PROPOSED F.A P, 4,080 SF 3349 SF SITE COVERAGE N0 2.700 SF 2,538-78 SF PARKING 2 SPACES 2 SPACES 98 7 0 98.5(� ALLEY) -0 PRE -ISSUED FOR PRICING RENEW t 19/96 ISSUED FOR PREUNINARY PER11 S/IS/96 Tigerman McCurry ARCHITECTS 444 NORTH WELLS CHICAGO. ILLINOIS 80610 312.644.5880 NEISSER RESIDENCE ASPEN, COLORADO FIRST FLOOR PLAN SHEET A3 P-_61UEO FOR PRICING REVIEW 1/19/96 SSUED FOR PRELIMINARY PERMIT 3/13/96 Tigerman McCurry ARCHPPECfS 444 NORTH WELLS CHICAGO, MUNOIS 60610 312.644.5880 NEISSER RESIDENCE ASPEN, COLORADO SECOND FLOOR PLAN SHEET A4 lqw NORTH (FRONT) ELEVATION ` A5 1/8" ; ; : PRE-6SOED FOR PRICING RENEW 1 19/96 ISSDE) FOR PRE -UNARY %IT Tigerman McCurry ARCH1TECfS 444 NORTH WEU,9 CHICAGO, IUINOIS 60610 31 Z 644.5880 NEISSER RESIDENCE ASPEN, W-01RADC ELEVATIONS SHEET A5 a PRE -ISSUED FOR PRICING REVIEW 1 19 96 ISSUED FOR PREEMNARY PERMIT 3 13/% Tigerman McCurry ARCHPPECTS 444 NORTH WELLS CHICAGO. ILLINOIS 60610 312.64-4.5880 NEISSER RESIDENCE ASPEN, COLORADO ELEVATIONS SHEET A6 J a MR 22 '96 04:29PM • MEMORANDUM TO: Suzanne Wolff, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: March 22, 1996 RE: Neisser Conditional Use for ADU Parcel ID No. 2736-124424-002 EXHIBIT B ISSUE: The applicant is requesting to build a studio ADU to be located in the upper level of a single-family residence. BACKGROUND: The size of the accessory unit falls within the guidelines of the 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 resideice shall have the right to place a qualified employee or employees of his or her call In the accessory dwelling unit. The applicant states that the unit is to have a private entrance which will be located off the existing alley, adjacent to the garage. The kitchen must also 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 fact refrigerator plus freezer. R COMMENDATION: Staff recommends approval as long as the following conditions are met: 1. the kitchen is as stated above; and 2. an accessory dwelling unit deed restriction needs to be recorded before building permit approval; this form is provided by the Housing Office. Vetrrallneiswr adu MEMORANDUM O'v TO: Planning and Zoning Commission 3 .z FROM: Suzanne Wolff, Planner RE: Neisser Conditional Use Review For an Accessory Dwelling Unit (ADU) - Public Hearing DATE: April 2, 1996 SUMMARY: The applicant is requesting conditional use approval to construct an ADU located within a proposed new residence. The studio ADU is located on the upper level of the residence and contains approximately 393 squaree= The application packet is attached as Exhibit A. Staff recommends approval of the conditional use for an accessory dwelling unit with conditions. d1" lx APPLICANT: Judith Neisser, represented b Stteve Buettow, Gibson Reno Architects LOCATION: 425 W. Francis; Lots C, D & E, Block 35, City and Townsite of Aspen ZONING: R-6 LOT SIZE: 9,000 square feet FAR: Allowed = 3,660 square feet; Proposed = 3,349 square feet REFERRAL COMMENTS: Please see comments from the the Housing Office (Exhibit B). Verbal comments from the Parks, Engineering and Water Departments are included below; written comments will be available at the meeting. Housing Office: Cindy Christensen has reviewed the project, and notes that the unit has a private entrance and is located on the upper level of the residence. The Housing Office recommends approval subject to the following conditions: • The kitchen shall include a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. • The unit shall be deed -restricted prior to building permit approval. Parks Department: A tree removal/relocation plan shall be provided to the Parks Department for review and approval prior to issuance of any building permits. Any removal of trees will require a tree ri moval/relocation permit. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. ca.15 " UUU aK C 5 („ rah c crw Engineering Department: Three parking spaces are indicated in front of the garage; the westernmost space is within the setback. The existing fence encroaches outside of the front property line. Water Department: Phil Overeynder requests that the applicant abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. STAFF COMMENTS: Conditional Use Review - Pursuant to Section 26.60.040, 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 purposed to be located; RESPONSE: A fundamental goal of the Aspen Area Community Plan is to "Create housing opportunities for 60% of the workforce to live up -valley of the Aspen Village Trailer Park". A short-term goal with the Housing Action Plan was to develop "650 new affordable housing units, including employee -occupied ADUs to achieve the identified current unmet need to sustain a critical mass of residents". Staff notes that an additional goal included the revision of the ADU program to require registration and deed restrictions of all ADUs. The ADU, as depicted, exceeds the minimum net livable requirement of 300 square feet. The unit must comply with the Housing Guidelines and shall be deed restricted as a resident occupied unit for working residents of Pitkin County. The property is zoned R-6 (medium density residential). Lands in the R-6 zone are generally limited to the original Aspen Townsite, contain relatively dense development patterns, and are within walking distance to the central core. 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 R-6 zone is a relatively dense zone district, which is appropriate for the development of ADUs. In staff s opinion, the proposed ADU does not represent an incompatible use, and the proximity to the downtown core is consistent with long-term policies of community revitalization. 2 • • 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 unit meets the overall objective of liveability; the unit is above grade, obtains adequate natural light, and has a separate exterior entry from the alley. Parking is provided on the driveway apron in front of the garage. 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 additional infrastructure is required for the ADU above and beyond what is 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 ADU must be deed restricted for resident occupancy. If the unit is rented, must be used to house a qualified working resident of Pitkin County. 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 proposed unit is required by Ordinance 1, 1990, and must be deed restricted. STAFF RECOMMENDATION: Staff recommends approval of the ADU with the following conditions: Prior to the issuance of any building permits, the applicant shall comply with the following: A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders 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; B. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs; and C. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. 2. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. 35 sound attenuation requirements. 3. Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the unit to ensure compliance with the conditions of approval. 4. All new surface utility needs and pedestals must be installed on -site. 5. The applicant shall abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. 6. The applicant shall adhere to all material representations made in the application and during public meetings with the Planning and Zoning Commission and shall consider these representations to be conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the conditional use for an ADU at 425 W. Francis St. with the conditions as outlined in the Planning Office Memo dated April 2, 1996". Exhibits: "A" - Application Packet "B" - Referral Comments �h-C.c.. �19 �,(,�,�.✓►� ��,t„���/}' act VRA (Volk 11/�"r aj "141'e- zfftic 4 • MEMORANDUM TO: Suzanne Wolff, Community Development FROM: Rebecca Baker, Parks Department Mom DATE: March 29, 1996 1 RE: Neisser ADU We have reviewed the drawings for the Neisser ADU and have a few concerns regarding removal of trees on the lot. It is difficult to determine the true impact on the existing trees from the proposed development plan. However, looking at the site it may be possible to save the majority of the trees on the lot. The Spruce trees on the eastern side of the lot, somewhat in the center, are trimmed up considerably could accommodate a building relatively close. However, it is still important to NOT excavate within the dripline of the trees. It appears as though one of the trees has already been damaged, possibly by the demolition of the former building. From the proposed development drawing it looks as though one of the pines and a few aspens in the back of the lot may be lost to parking. A tree permit will be necessary for any trees proposed for removal prior to issuance of a building permit. The code requires mitigation on all trees proposed for removal, which can either be replaced on site with comparably valued trees or a payment - in -lieu option is available. On the existing conditions site plan it shows a 27" stump in the right-of-way which could be removed during excavation of the lot and a cottonwood replaced in the same location and could count towards some mitigation if trees need to be replaced on site. CC: Ross Soderstrom, Engineering Department Neisser.doc • MEMORANDUM To: Suzanne Wolff, City Planner Via: Nick Adeh, City Engineer From: Ross C. Soderstrom, Project Engineer Date: March 28, 1996 Re: Neisser Conditional Use Review for an ADU (425 West. Francis Street; Lots C, D & E, Block 35, Original Aspen Townsite, CO) After reviewing the above referenced application and making a site visit I have the following comments: 1. Driveway & Parking: The width of the proposed parking area off of the alley exceeds the maximum 18 ft. driveway width dimension. The applicant will need to reduce the width of the driveway to a maximum 18 ft. which will also limit the width of the parking area to two (2) parking spaces on the driveway in front of the garage. The parking configuration must be shown on the final improvement plans. 2. Trash & Utility Areas: The submitted site plan does not indicate locations for these facilities although water and electric utility meters and service connection points must be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers or other structures. Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property owner and not located in the alley within the public right-of-way. Any required easements for utilities shall be shown on the final improvement plans and the easements shall be recorded prior to issuance of the building permit. 3. Site Drainage: The new development shall not release more than historic storm run-off flows from the site and any increase in historic storm run-off flows must be first routed and detained on the site. The previous grading would have caused some drainage to leave the site to the adjacent public rights -of -way. A copy of the soils report must be submitted with the building permit application. The drainage pattern shall be shown on the final improvement plans submitted for the building permit. DRCM0496.D0C J Memo- Neisser Conditional Use Revie* ADU is 4. Sidewalk Area: The property owner will be required to file an agreement to construct curb, gutter and sidewalks along the Francis Street frontage in the future although none is planned at this time. A five ft. (5 ft.) sidewalk "area" should remain unobstructed by improvements including fences, landscape boulders, vegetation; e.g. any new trees must be located to provide space for and alignment of the future sidewalk with the neighboring sidewalk routes to either side. The pedestrian usable space shall be shown on the final development plan. The curb, gutter and sidewalk agreement shall be executed and recorded prior to issuance of the C.O. for the project. 5. Encroachments: If the front fence (Francis Street frontage) remains, it will need to be repositioned within the property boundaries by moving it to the south or an encroachment permit will need to be completed ($320.00) for the fence in its present location. 6. Water Service: If a building permit for the proposed new construction for the site is not issued within six (6) months of this application approval, the existing water service line will need to be abandoned and removed from the property back to the corporation connection of the municipal water distribution system per Water Dept. requirements. An entirely new water service line would then be required when the new construction is begun. The existing water service line may be used if a building permit is issued for the site within the next six (6) months assuming that the line is in good repair and serviceable as determined by the City Water Dept. at the time of the building permit application. 7. Improvement Districts: The property owner shall be required to agree to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights -of - way. The agreement shall be executed and recorded prior to issuance of the building permit for the project. 8. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Data Processing Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 9. Improvement Survey: The submitted survey needs to have the following items corrected or shown prior to issuance of the building permit: A. Complete an improvement survey plat per standards of 38-51 C.R.S. The improvement survey plat ' must be properly titled as such; signed in the Surveyor's certificate which evidences supervision of the survey and compliance with title 38, article 51, CRS, 1973; and stamped by a surveyor currently licensed in Colorado. The plat shall include the title insurance certificate number, date of issuance and name of the issuing title company. The title insurance certificate must have been issued within one (1) prior to the date of the improvement survey plat. K DRCM0496.DOC t Memo- Neisser Conditional Use Review OADU C] B. Clearly and completely identify the type of survey monuments found and set by type and recorded identifier, (i.e. "PLS #####" or "LS #0 ") along with defining distances and bearings. Include both record and field measured bearings and distances of the property lines. C. Clearly identify the types of utility boxes with arrowed notes or distinctive symbols. D. Use basis of bearings between two (2) City monuments within same city block, two (2) recorded subdivision monuments, or other recorded monuments, with distance & bearing to property boundary. 3 DRCM0496.DOC 1) UsE APPLICATICK F304 Project Name ��' EXHIBIT A 2) Project locaticn �� �• G� ��/ " " �/�%a-O t:2 so (indicate street address, lot & block rxmber, legal descripticn ubiere appropriate) 3) ant Zu1ng �p 4) lot Size 5) Applicant's Name, Address & Phone f .tef 1 rjY 9j s 3 6) s / &z� rs Represative , s Name, Address & Pho7e # /��/� ! a � �iG �- �' �,.rE Iz' 7) Type of APplicatirn (please check -all that aPPly): omditicnal Use ccnoeptual SPA dial Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline cox)% l PUD Minor Historic Dev. Stream Margin Final PUD Historic Dcm]-iticn Mountain View Plane Subdivision Historic Designat:icn cordominiuni zati rn TexVMap Amendment C>QS Allotment Tot Split,/Ivt Line GMS Em "t" ion Adj ustmeilt 8) Description of idsting approximate sq. ft. ; number Uses (ember and type of existing stz y-tu ; of bedrooms; any Previous approvals granted to the PY)- T/'V 65 4 Sly /5 �f S//�'�G� f'.�"!3iL ej 9) Description of Development Application /emu /fV4 10) have you attached the follawing? � to Attachment 2, Minimum Submission its i lie to Attu 3, Sufic Submission COrlt -?!Its Response to Attachment 4, Review "liar � ds for Your Application . �7a�-`l� Klarch 12,1996 Aspen/ Pitkin County Community Development Department DAV I D 130 South Galena Street GI BSON. Aspen, Colorado 81611 AIA Re: Neisser Residence AUGUST Conditional Use (A.D.U.) REND. 425 W. Francis AIA Aspen, Colorado We are pleased to submit the enclosed application for the Conditional Use of Accessory Dwelling Unit (ADU) in the residence located at 425 W. Francis in Aspen, Colorado. SCOTT The following addresses Attachment 4, Items A- F of the Review SMITH. Standards for the deveiopment of a Conditional Use. AIA A. The current zoning of the property is R-6 which allows Accessory Dwelling Units as a Conditional Use within this zone district The Aspen Area Comprehensive Plan . encourages residences to provide an ADU within a single family residence to help supply housing within the Aspen Area. , B. The Conditional Use is consistent and compatible with the character of the immediate vicinity of the West End parcel. The surrounding area consists of single family residences GIBBON • RENO and several existing ADU's. A R C H I T E C T S C. The 393 Square Foot, Studio ADU will be located on the Upper Level of the Single Family residence and Is provided with a separate exterior Entry. The Entry is located off the existing Alley adjacent to the Garage. There is provision for 3 Parking Spaces in addition to the single Garage. The ADU will have no adverse effects 210 E. HYMAN on the surrounding properties. D. The Accessory Dwelling Unit is located in a single family residence NO 202 within the city limits of Aspen, and has access to all public facilities and services. ASPEN COLORADO E. As a requirement of Ordinance 41, replacement housing program, 81611 for a new single family home within the R-6 zone district the applicant must provide an Accessory Dwelling Unit or pay a fee in lieu. This ADU unit fulfills this requirement 303.925.5968 F. This Conditional Use of the Accessory Dwelling Unit complies with all standards by the Aspen Area Comprehensive Plan and FACSIMILE the requirements of Ordinance #1. 303.925.5993 Thank you for your time in reviewing our request for an Accessory Dwelling Unit and should you have any further questions regarding this application, please feel free to contact me. P.O. BOX 278 117 N. WILLOW Sincerely, N° 2 TELLURIDE COLORADO 81435 August G. Reno 303.728.6607 FACSIMILE 303.728.6658 • I� March 12, 1996 Aspen/ Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 This application is for a Conditional Use of an Accessory Dwelling Unit. The development is located at 425 W. Francis. The legal description is Lots C, D & E, Block 35, Aspen Townsite. Floor Area Ratio Proposed First Floor 2175 SF Second Floor 856 SF ADU: 534- 250 SF = 284 SF 3315 SF Garage 318 SF -250 SF .5 FAR x 68 = 34 SF 3349 SF Allowable 9000 SF R-6 Duplex Lot = 4080 SF 4080 SF `� "A" . / DAV I D GIBSON. AIA AUGUST KENO. AIA SCOTT SMITH, AIA G IBSON • RENO n�II I T E C T S III 210 E. HYMAN NO 202 ASPEN COLORADO 81611 303.925.5%8 FACSIMILE 303.925.5993 P.O. BOX 278 117 N. WILLOW NO 2 TELLURIDE COLORADO 81435 303.728.6607 FACSIMILE 303.728.6658 . 1 Maroon Creek Ro is o % o • Tr, r,un�o6e Ps A O�JeOu��Zs6% l e�4 sPui n VICINITY MAP r Q, To T•.vrn Lai eS ' • • MAR 221 '96 04:29PM • • P.1 EXHIBIT B MEMORANDUM TO: Suzanne Wolff, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: March 22, 1996 RE: Neisser Conditional Use for ADU Parcal ID No. 2736-12444-002 ISSUE: The applicant is requesting to build a studio ADU to be located in the upper level of a single-family residence. BACKGROUND: The size of the accessory unit falls within the guidelines of the Code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable 9cor 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 reMal penods of not ess than six (6) months in duration. owners of the prncdall residence shall have the right to dace a qualified employee or employees of his or her chewing In the accessory dwelling unit. The applicant states that the unit is to have a private entrance which will be located off the existing alley, adjacent to the garage. The kitchen must also be built to the following specifcations: Kitchen - For P.ccessery Dwelling Units and Caretaker Dweling Units, a minimum of a two -burner stove with oven, standard sink, and a 6-cubic fact refrigerator plus freezer. RE -COMMENDATION: Staff recommends approval as long as the following conditions are met: 1. the kitchen is as stated above; and 2. an accessory dwelling unit deed restriction needs to be recorded before building permit approval; this form is provided by the Housing Cffice. VeferralVieisser aou -?CV BY:{312i 280-1748 3-12-96 ; 5:40PM f EAR iZ i i - 4 "t Gi� " PENO 312 644 3750-44-SEASONS H0TiL/CH00;# 1 • P.2 .%Wch 11, :996 Judith Neisser 114 E. $leek= Aspen, CO. 81611 970 925-7213 ASpen/Pididn Cornmuniry Development Department 130 South Galena Street Aspen, CO. 81611 Please accept this letter as authorization for the firm of Gibson and Reno Architects, L.L.C., located at 210 E. Hyman, Suite 202. Aspen, Colorado 81611 (970) 925-5969 to submit and proces4 the Application for a Conditional Use of an Accessory I7we11ing Uni rr (A.D.U.) on my behalf. Sincerely, Judith Neisscr 03/12/96 11:54 :'X/RX NO.0264 F.002 0 Mar, 13. 1995 3 : 5QPM P I#iN COUNTY TITLE is No. 2226 F. 2114 CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that JUDITH E. NEISSER REVOCABLE TRUST is the owner in fee simple of the following described property: LOTS C, D AND E, BLOCK 35, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. Subject to encumbrances, easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only, PIT N COUNT TIArLE, INC. BY: author�OuiUARY gnature CERTIFIED T: 25, 1996 0 8:30 A.M. 03/13/96 16:44 TX/RX N0.0303 P.002 Mar, 13. 1995 3:5QPM PIJW COUNTY T'TIE • No, 2226 P. 3%4 WARRANTY DEED .9 THxa ON=, made this 01 day of 3BP=M8ER 1995, between Arm S- Bowers Separate Property Trust PSOI pia 11-V ►OSd O OF TFIB COUNTY OPc2 E.1Qa�z, STATE OF cA U , p'S Judith fi_ Neiaaer ROvocable Trust, QRAATrSE m 9 La -+ whose legal address is 120 La_ Delaware r13112, Chicago, IL, 60611 COUNTY OF STATE OF IL ►zTRZSSE'rs, That for and in oona>.deration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which ig hereby acknowledged, the grantor has granted, bargained, sold sad conveyed, ane by these presents dose grant, bargain, Selz and C,,,vQy, and COn£irm unto the grantee, big heir& and aaff_tgne tor,ever, all the real pro8crty tggether with improvements, if any, situate &sad lying and beamg In the City of Aspen, Co=ty of Pitkln, state of COLORjU:pp, described LOTS C, D AND A, BLOCK 35, CITY A= TOWNSITF OF ASPEN TOGwr !M with all and singular the hozeditaments and appurtenancea thereto belonging, or in dmyw;se appertMInii49, and the revermion And rever$icns, remainders, rents, issues anti 'Profits thnr�of, sad all the eatat6, right, title, intdrest, claim and demand whatsoever of the grantor either in law Or equity, at, in and to the above bargained premises, with the hereditamenta and appurtene-aces. TO HAVE AND TO HOLD the Baia praaiiaes abptre bargained Arid described, with the appurtenances, Unto the grantoe, hi9 beix6 and assigns forever_ And the Grantor, for himself, hie heirs, and personal repreaentativan. doge c—euant, grant, bargain, and agree to and With the Grantee his assigns, that at th-e time of the en&palirig delivery of the r hairs sus preaente, ]� is well sCi;6d 4f the Premx0es Above Conveyed, has good, acre, perfect, absolute and indefeasible estate of inheritance, in law, in fee sitrtple, and has good right, full 8ow+tr and lawful authority to grant, bargain, sell and convey the name in manner and form as aforesaid, and that the same are frcc and clear from all EOreeer and other grants, barga1=0, sales, liens, taxes, assesaafeuts, enCumbranc®e and restrict.ioua of Whatever kind or "azure s8aver, except those matter, as net forth on Exhibit ,A" attached hereto and inCO;porated herein by reference. The grantor 9jja11 and w311 "ARRANT AWI FORRVNR DSFEM the above bargained Premises in the quiet, and Peaceable poaeeasion of the, grantee, his heirs and a9digns, against all and every person Or persono laWfully claiming the whole or any part =hereof. T'he singular number shall i4clude the plural, the plural the aiugular, and the use Of gender shall be applicable to all genders. ., +�tr r- ,s£/�G;.4L �� «�+f•'�L-�(+s-'r +XJ/•-,G"�GLG L�,�.' f% / AnA 9. HowarB Separate Property Trust 9TATR COUNTY OF --p ntA u y e a . The foregoing inGzzument was acknowledged before me this 25� day of A"►{5f 19 95 , by Ames S. Bowers SEParate Property Trust by Anri 8. Bowers, Trustee WXT"a9 my hand and official seal MY cOM laalon axplres: NOta ub],iC 3a!5030 Tt•crn55fe*- Dec],a"at i on ReCe i Ved 09/01/92; 03/13/96 16:44 TX/RX N0.0303 P.003 Mar, 13. !H5 3:51PM PIW COUNTY TITLE • No. 2226 F, 4 %4 EXHIBIT "A" 1. Taxea for the year 1995 not yet due or payable. 2. Reservations and exceptions as set forth in the Deed from the city of Aspen recorded in Book 59 at Page 16 & 157 providing as follows_ "That no title shall be hereby acquired to any mine of cinnabar or copper or to any valid miming claim or gold, silver, under existing laws". Possession held 3. Terms, conditions, provisions and obligations as set forth in Fence Agreement recorded April 23, 1986 in Book 509 at Page 55e. 4- Encroachments and all matters as disclosed by Survey of Alpine surveys, Inc, dated, August 7, 1995 as Job No, 95-47. 385030 B-792 P-485 09/01/9- 01 -20R PG a OF c 03/13/96 16:44 TX/RX N0.0303 P.004 PUBLIC NOTICE RE: NEISSER CONDITIONAL USE FOR ADU NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 2, 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Judith Neisser, requesting approval of a Conditional Use Review for an Accessory Dwelling Unit within the existing single-family residence. The property is located at 425 W. Francis, and is described as Lots C, D & E, Block 35. For further information, contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5093. s/Sara Garton. Chair Aspen Planning and Zoning Commission City of Aspen Account • • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Engineer Housing Director Parks FROM: Suzanne Wolff, Planner RE: Neisser Conditional Use for ADU Parcel ID No. 2735-124-24-002 DATE: March 20, 1996 Attached for your review and comments is an application submitted by Judith Neisser. Please return your comments to me no later than March 26, 1996. Thank you. 0 ASPEN/PITKIN 0 COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 March 20, 1996 Re: Neisser Conditional Use for Accessory Dwelling Unit Case A20-96 Dear Mr. Reno: 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, April 2, 1996, 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. 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 the planner assigned to your case, Suzanne Wolff, at 920- 5093. Sincerely, Rhonda Harris Administrative Assistant apz.ph •Aspen/Pitkin Community • Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 ,2 15,5- I zq-29-6c;z, City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right-o: Way -63875-046 Zoning, & Sign Permit - MR011 Use Tar County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 00115-63340-163 00123-63340-190 00125-63340-205 00113-63815-036 Sales: 00113-63830-039 -69000-145 County Engineer City Engineer Housing Environmental Health County Clerk County Code Copy Fees Other •� ��/, Address: I.: 4 i 'ho• Total '2 C Date: /y Check:_/,-'4,S Project: Case No: No. of Copies S