HomeMy WebLinkAboutFile Documents.222 Cleveland St.0027.2017 (4).ARBURECEPTION#: 655651, R: $18.00, D: $0.00
DOC CODE: APPROVAL
P9 1 of 2, 05/01/2019 at 02:28:15 PM
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
FOR AN AMENDMENT TO A DEVELOPMENT ORDER FOR AN ACCESSORY
DWELLING UNIT, ALLOWING FOR THE REMOVAL OF SAID ADU AND THE
VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPERTY
LOCATED AT 222 S. CLEVELAND STREET; LEGALLY DESCRIBED AS LOT 1,
FELLMAN LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED
OCTOBER 31,1994 IN PLAT BOOK 35 AT PAGE 67, AND F, BLOCK 22, CITY OF
ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID No. 2737-182-04-004
APPLICANT: Brent and Debbie Sembler, owners
REPRESENTATIVE: Chris Bendon, BendonAdams, LLC
SUBJECT & SITE OF AMENDMENT:
Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a single-
family residence located at 222 S. Cleveland. The Applicant is requesting an amendment to an
ADU development order, pursuant to Land Use Code Section 26.520.090[C], Removing an
ADU/Carriage House.
SUMMARY:
The subject property was issued a conditional use approval for a voluntary ADU in 1995 for the
purposes of affordable housing mitigation. The unit was subgrade and attached to the primary
residence. A deed restriction was recorded on August 1, 1995 in Book 788 at Page 767.
The Applicant proposes the removal of the ADU and the vacation of the deed restriction. Section
26.520.090[C] establishes the approval process for removal of ADUs that were developed prior to
the adoption of Ordinance 35, Series of 2015. First, the removal requires affordable housing
mitigation for .38 full-time equivalents (FTEs) at a Category 2 rate. The code allows the required
mitigation to be achieved by either the extinguishment of an Affordable Housing Credit or a fee -
in -lieu payment. The Applicant has stated that they have purchased an Affordable Housing Credit
in meeting this requirement. Secondly, the physical changes necessary to remove the ADU must
be issued a building permit and pass a final inspection by the Chief Building Official. In this case,
the kitchen has previously been removed and the documentation of the removal of this feature
appears in a building permit for a larger remodel of the property: 0292.2017.ARBK.
STAFF EVALUATION:
Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House
Development Order; Removing an ADU/Carriage House.
DECISION:
The Community Development Director finds the Amendment of an Accessory Dwelling Unit
Development Order to remove an ADU unit and vacate a deed restriction as noted above
meets the requirements as described in the Land Use Code, and APPROVES the request
subject to the following conditions:
1) The extinguishment of an Affordable Housing Certificate of .38 FTE provided at
a Category 2 rate. This requirement may also be met by fee -in -lieu -payment. This
requirement will be implemented as part of the building permit process.
2) As the kitchen has previously been removed, no additional building permit is
required. The open building permit for the property, 0292.2017.ARBK contains
drawings that recognize the removal of the ADU and prior to a Letter of Completion
for this permit being issued, the Affordable Housing Certificate mentioned above
shall be extinguished.
3) Once both of these conditions are met, a release of deed restriction, approved by
the Aspen Pitkin County Housing Authority and acceptable to the City Attorney,
shall be completed and filed with the Pitkin County Clerk and Recorder.
APPROVED BY:
JoJsica Gatr Datemmunity Development Director
Attachments:
Exhibit A — Original ADU Deed Restriction, Reception #383889 (not recorded)
Exhibit B — Application (not recorded)
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