The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.sr.Fleck ADU.A02501 ~ ~ , CASE NUMBER A025-01 PARCEL ID # 2737-181-32012 CASE NAME Fleck Special Review for ADU PROJECT ADDRESS Lot 12 & 12A Callahan Subdivision PLANNER Fred Jarman CASE TYPE Special Review for ADU OWNER/APPLICANT Barbara Fleck REPRESENTATIVE Alice Davis DATE OF FINAL ACTION 11120101 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY Reso. #48-2001 Approved wi Condition 2112102 J. Lindt ('\ ("'j COl,{J 1~,'OIfl; 11 ~ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below, Barbara Fleck, 1407 Crystal Lake Road, Aspen, CO 81611 Property Owner's Name, MailirigAddress and telephone number Lot 12A, Callahan Subdivision Legal Description and Street Address of Subject Property Special Review Approval to allow for a 1427 Square foot Accessory Dwelling Unit Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution # 48-2001,11/20/01 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) December 1,2001 Effective Date of Development Order (Same as date of publication of notice of approval.) December 2, 2004 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308,010 of the City of Aspen Municipal Code.) Issued this 1 st day of December, 2001, by the City of Aspen Community Development irector. n, Community Development Deputy Director (;, ~.. r""') MEMORANDUM TO: THRU: FROM: RE: DATE: t') Aspen Planning & Zoning Commission Joyce Ohlson, Community Development Deputy Director :r k!? Fred Jarman, Planner Fleck ADU / Special Reviewf~' November 20'" 2001 ApPLICANT: Barbara Fleck REPRESENTATIVE: Alice Davis PROPERTY: Lot 12A, Calahan Subdivision, 1452 Crystal Lake Road ZONING: R-15 PUD RECOMMENDATION: Approval with Conditions STAFF COMMENTS The Applicant is requesting the ability to convert an existing unit on Lot 12A into an Accessory Dwelling Unit (ADU) to serve as mitigation for the single- family residence approved for Lot 12, The structure containing the unit is called the guesthouse. The subject unit to be converted is a bandit unit due to the prior installation of a kitchen without building permits. The subject unit is 1,427 sq. ft. in size; however, the Land Use Code (hereinafter "Code") requires that ADUs contain between 300 and 800 sq. ft. unless otherwise approved through a Special Review before the Planning and Zoning Commission for a deviation in this size requirement. Please see the map above showing Lots 12 and 12A for clarity. Calahan Subdivision Lots 12 & 12A The Code specifies certain design standards to be adhered to regarding ADUs in the City of Aspen, The Applicant is able to meet all other design standards except 300-800 sq. ft. size standard and interior entrance to the primary residence standard. Discussion regarding these requests are as follows: 1) ADU Enlargement: The proposed ADU is 627 sq. ft. larger than normally allowed by the Code. The purpose of the ADU Program is to promote the long-standing community goal of socially, economically, and environmentally responsible development patterns which balance Aspen the resort and Aspen the community. ADUs represent viable housing opportunities for working residents and allow employees to live within the fabric of the community without their housing being easily identifiable ,:: . ~. r') (', . ;! as "employee housing." ADUs also help to address the affects of existing homes, which have provided workforce housing, being significantly redeveloped, often as second homes, Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern which reduces automobile reliance. This proposed ADU is located just off a pedestrian and bike trail leading into downtown. The unit contains two bedrooms, two baths, and laundry room with washer and dryer, These are all amenities not typically found in an ADU (certainly due to the size,) Lastly, due to the fact that this unit is a bandit unit, this conversion to an ADU would better achieve the City's goal of eliminating bandit units. Staff finds that an enlarged ADU, if occupied as such, is a community benefit from a livability standpoint. Staff supports the enlarged size of the ADU, 2) Interior Entrance: The Code states that "an ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved by the Commission, pursuant to Special Review." This standard was recently redrafted when the ADU program became an administrative review. While it still allows a discretionary review by the Planning & Zoning Commission, only one similar request has made it to the Commission which was subsequently denied. Staff asserts that any interior connection to another unit or a main residence will onlv increase the likelihood that the ADU will be used for other purpose than housing employees. As such, Staff cannot support this request. As a condition of this approval, Staff has required the Applicant, as a condition of approval, to structurally remove the stairwell thereby disconnecting the unit's interior entrance from the upstairs unit. STAFF RECOMMENDATION Staff recommends the Planning & Zoning Commission approve the Special Review request for an enlarged ADU with an interior entrance on Lot l2A of the Callahan Subdivision with the conditions listed in the resolution. RECOMMENDED MOTION "I move to approve Resolution No, _' Series 2001, approving a Special Review request for an enlarged ADU on Lot 12A of the Callahan Subdivision with the conditions in the Resolution." ATTACHMENTS: EXHIBIT A - SPECIAL REVIEW EXHIBIT B - ApPLICATION & DRAWINGS r". ~ , j' EXHIBIT A SPECIAL REVIEW STANDARDS Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to determine a change in the design standards required for Accessory Dwelling Units, it shall be considered in accordance with the standards set forth below: 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, Staff Findinl!: The proposed ADD is 627 sq. ft. larger than normally allowed by the Code. The purpose of the ADU Program is to promote the long-standing community goal of socially, economically, and environmentally responsible development patterns which balance Aspen the resort and Aspen the community. This proposed ADD is located just off a pedestrian and bike trail leading into downtown to the west and to the North Star Preserve to the east. The unit contains two bedrooms, two baths, and laundry room with washer and dryer. These are all amenities not typically found in an ADD (certainly due to the size.) Staff finds that an enlarged ADU, if occupied as such, is a community benefit from a livability standpoint. Staff supports the enlarged size of the ADD. The Code states that "an ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved by the Commission, pursuant to Special Review." This standard was recently drafted when the ADU program became an administrative review, While it still allows a discretionary review by the Planning & Zoning Commission, only one similar request has made it to the Commission which was subsequently denied. Staff asserts that any interior connection to another unit or a main residence will only increase the likelihood that the ADU will be used for other purpose than housing employees. As such, Staff cannot support this request. As a condition of this approval, Staff has required the Applicant to structurally disconnect the unit's interior entrance from the upstairs unit. 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, Staff Findinl!: Staff finds the existing unit to be concerted is subordinate to not only the guest house but also the primary residence on Lot 12 for which it serves as mitigation, ~ l) 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Staff Findin2 Again, this is an existing unit and had been so since its construction in 1977. Staff finds the proposed ADU is designed in a manner which is compatible with the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. As mentioned before, the unit is located on a pedestrian I bike trail which leads to downtown and the North Star Preserve to the east. The Applicant indicated the unit has housed employees in Aspen since its construction. r . , .n A Davis HomIne;. .... ... r PLANNING & REAL ESTATE CONSULTING f/4:2-0( ,..;.-. . 2X.A/0if E September 25,2001 Fred Jarman Aspen Pitkin County Community Development Department 130 South Galena Street Aspen, CO, 81611 Dear Fred: Davis Horn Inc, represents Barbara Fleck, owner of Callahan Subdivision Lot 12 an~ 12A. As you are probably aware, all necessary land use approvals have been obtained for the development of this property and a home is currently under construction. In March, 2001 Davis Horn Inc. submitted an application requesting administrative approval for an ADU at the Fleck guest house for the Growth Management Exemption for the primary residence. We were working with Nick Lelack initially, then he passed the file on to you, I was of the understanding that the ADU was approved administratively, but I guess you were waiting to hear if the ADU was to be over the 800 square foot maximum size allowed for an ADD. As originally proposed, the applicant has decided to keep the 1,427 square foot existing unit on the lower level of the Fleck guest house and dedicate this as the ADU for the main residence, Although we do not want to reduce the size of the unit at this time, the applicant wants to ensure that if at a future date they decide to remodel and change the configuration of the guest house or if their needs change for the property, the ADU can be reduced to a smaller size, as long as the unit is larger than the 300 square foot minimum size required by the Code. You and Julianne Woods agreed with this, but requested that if the ADU is larger than 800 square feet, that we obtain a Special Review approval for the larger size. We would now like to request Special Review approval for the ADU to be larger than the 800 square foot maximum. This request is pursuant to Section 26-430(H) of the Land Use Code, Accessory Dwelling Unit Design Standards which allows a change in the design standards for ADUs if approved in accordance with the standards set forth in Section 26.520,080(D), The Special Review is considered at a public hearing before the Planning and Zoning Commission. The request to allow the ADU to be larger than the 800 square foot maximum and to be 1,427 square feet is consistent with the following three standards given in Section 26.529.080(D) of the Code: 1. The proposed ADU is designed in a manner which promotes the purposes of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; ALICE DAVIS, AICP I GLENN HORN, AlCP 215 SOUTH MONARCH Sl 0 SUITE 104 o AsPEN,COLORADC> 81611 0 970/925:65870 FAx: 91(j/9~5:5180 . . . I""l I""l A larger, more desirable unit certainly promotes the purposes of the ADU program and improves the unit's livability substantially. The larger sizeis not inconsistent with the purpose of the zone district. 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; The unit is existing and does not change any of the above considerations by being larger than the 800 square foot maximum size, The ADU is located on the lower level of the guest house and is subordinate in character to and compatible with both the guest house and the primary residence. 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. The unit is existing and is quite compatible with the character of the neighborhood. It has been in existence since 1977 and has been operating very well within the neighborhood. The larger size does not affect the operational characteristics since the unit has been in operation since 1977. In addition to the standards which were addressed above, please refer to the original ADD application dated March 15,2001 for more information on the ADD. Attached is a copy of the floor plan of the proposed, existing 1,427 square foot unit which occupies the first, lower level of the guest house. There is a large laundry/utility room included. It is our understanding that the unit has been occupied by employees since 1977 or 1978. The Flecks do not want to displace their current tenants and they do not want to make the unit smaller and less desirable, Although there are significant negative impacts to reducing the unit's size, there are only positive impacts and benefits, to approving this request for a larger sized ADD. Please feel free to call me if you need anything further. Thank you for your assistance with this application, Sincerely, DAVIS HORN INCORPORATED ~~ ALICE DAVIS AICP , . . r'\ r'\ ATTACHIIENT--1- w 1.'5' - r- I I I I LALJN. BEDRJvlI I I J!F' ) KITGHEN/DINING 1D \ LIVING ROOJvl 0 \." @ATH II - , . ; , (j) 11. BEDRJvl 2 :~ I' ";1 ~ ,Ii.;~ j1;,1 I~I! !Iii I I I I I I I I I I I I I I ---------~---JJ DECK ABOVE PATIO ,.., LOT 12 A LOJr-.lER LEVEL FLOOR PLAN l'f~' ~ ~~ t""\ r"l \- ., AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE " . , I' \ \ ADDRESS OF PROPERTY: L~f I"2-A; rr;)[<< halt1. St.(klCI(,~tf'n~&}. SCHEDULED PUBLIC HEARING DATE: -LI / '2.f:JIOI ,200_ t ( STATE OF COLORADO ) ) 55. County of Pitkin ) I, ~c...lIV\..,~t; 1-1 ~ JI- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. - Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign)is attached hereto. - Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U,S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners cmd governmental agencies so noticed is attached hereto. (continued on next page) ('1 r) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived, However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (i 5) days prior to the public hearing on such amendments. ~MM~Q. - ~dl S' nature :tl-. The foregoing "Affidavit of Notice" was a~wledged befory:e this 5 -day of No-f - ,200.1, by ~/1,,,, n 5 ~ ~ ,..---'...,,::.::"'.::r.T:":',:~Dt~~Dt~:W,~,.~:,:,~~,"'+;~': <,~ RE: LOT"f2A;'''6Ai.CAHAl'\tsUBDMSION SPEtrAt' '~!REVlEW~TO~VARY"tAr);DtrI5ES1Gl<r S'f.>,MjAAljS" ~ ~TO AO:OW,tjiiW.KCCE'ss'ORY"D'WEtflNG"UNIT"" ~.bTo"'cEiID8o(rsllllARfFEEf~" ~." "''' ~ ~. ~ ~~N'otict"'lS"'i~~By:t~rwN'tl),at>a"p'ui~IIC'1i~arl~""'')'' wllt De'h~ld1ln"'fUe's~~y:~~~veffiber. ,?O::2601,'at. a ':>:;'Il1~etl,ng-to:begln, ,at 4:30'p:m.,'b'~loJ:ettte Aspen >Pllinnlng. "and,z<>ning COl11lJll~~I,?ii,'Si~ter.qti~s .Meeti.ng~om:~C;lty ~]'; ,130S,'.9aJena~ St;7);Spen; - --to', c()n,side~an ~appliC,atlon',~~l:Imlhe(f ~5'. Bar1:l~'ra, :FIec,~;, rtlqU'.istl~? Speq~{~ty!~i~pproya;r,to '"ary j,- "'}lJe .A:DY~,lgn~ta~a~rd~ :to anowJot,~:~cp~s<- :sorr: o;;.;elrl~gtJni~, to i~.~ee(f~o- $qu~e '~f~e,t.'~ ,::,.,T~eY':CIperty'i~ ,Io~at~d at I407Ci](s:aill#ieRl><id; ,'" ~andde~Ctibed':~i(l~o02~7C'@ahaO 'Su))dlvlsltln.', ,,';' .FoOlirt6ennfo~inatl.oIl;'ci:m.~ct/r.e.<i)~rman'a't ' , i the ' A#pe~lI:'nKhi'~~i'nmunhY':Deyelopment ^p~ , ,~~rit~:13o-,'~:"llitJena"$~;,As~Ili S0f97pY9,2'o.7;~' .' ".~~1:~:~t~~ri*j;7]~'~~ih~"ng~~:'~F'~i<..;' ' S,:::':"J'i;,:'; AsJlell,~I~IlJng and :loping C?rr1ml~fon' , pUl))isfied In The 'ASpen TimeS' on' NoVember 3, 2oof::'(BOm)' "',"",,' '", ", . WITNESS MY HAND AND OFFICIAL SEAL M ,. . I}/..,.",/O-" y CommISSIOn expIres: -"-'" ..;:, ~.C~12 S Notary Public - ATTACHMENTS: COpy OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCiES NOTICED BY MAlL I"""! ~.<? r"\ S+-4 C?01y ~ . ~i Davis HomIn~./p- " PLANNING & REAL ESTATE CO~5ULTIN://-:/:<'__,,\ '\ t~_ ..../-_/"~ .' ,/. '\ ....."''- \_~- , . \,' \. \. ' :;,..-' .,,'--~ '~;../' ,,"'-, / . '\'.' , "-' \ 'V ''/ / \" t' /" -..., '\./ ,,\. Nick Lelack \,,_~~ /L...,/ \ Aspen Pitkin County Community Development '" r \ /~". . \ -> \ \ 130 South Galena Street \~ \/,(" \ ,,:" //' Aspen, CO. 8161 I \ < y/ \" ';0< RE: Callahan Subdivision Lot 12/12A (Parcel ID# 2737-181-32-012); \ \ \ ~ ,;]' Administrative Review for an ADU \...., \. ..$ \\, March 15,2001 iI. "'\, \ 'v l ."" J tk <V Dear Nick: ,\, I W' . ,,\ Davis Horn Incorporated represents Barbara Fleck, owner of Callahan Subdivision Lot 12/12A. As you know, last fall we completed an administrative review and received approvals for an Insubstantial Amendment to the Callahan Subdivision PUD in order to clarifY the development parameters for Lot 12/12A Callahan Subdivision, The Community Development Director Decision on that approval is found in Attachment 4 to this application, As mentioned in the application for th,islnsubstantial PUD Ame~dment, we are now requesting administrative approval for an ADU to be used to obtain a growth management exemption for the free market single family home to be built on Lot 12. The ADU is proposed to be located in the existing guest house on Lot 12A. A unit is already inexistenc~,~nd is located, onthe 10,\Ver level of the guest house, The applicant proposes to convert fhis'existillg, 142'7 sqllare foot unit into an ADU and when the guesthouse is remodeled or rebuilt in the future, the ADU will be rebuilt at that time in a smaller configuration, As we have discussed, if the applicant is allowed to reduce the size of the ADU at the time of'remodeling, she will not reduce the size of the existing unit at this time, Please refer to Attachment I, the floor plan for the existing unit proposed to be the ADU for Lot 12, Attachment 2 is a floor plan of a smaller, 300 square foot ADU which could be provided if you prefer to have the smaller unit approved at this time, As mentioned in the Insubstantial Amendment to the Callahan PUD decision of approval, an ADU is allowed in this guesthouse. Although the free market home to bebuilton~()t}2~()esnot yet have a street address, the guest house containing the proposed ADU is located at i 452 Crystal Lake Road. This letter requests administrative [!l}'j.~,IY and approval for one ADU pursuant to Section 26.520.080 of the Code (Ordinance 44, Series of 1999) and will address and show compliance with the requirements of the Code. Zoning on the subject property isR-15residential and one free market house and one guest house is allowed on Lots 12 and 12A. The guest house was built in 1977 and construction of the free market house is ready to begin. The applicant would like to convert an existing, rented unit on the lower level of the guesthouse to an ADU for the growth management exemption for the home on Lot 12 with the condition that the ADU size c::!ln, ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH S1 . SUITE 104 . ASPEN, COLORADO 81611 . 9701925-6587. FAX: 970/925-5180 , r'\ ~ be re<iuced to a smaller size (but not less than the minimum size reqtiiredb'y tneCocle) ai inetiine of remodeling or reconstruction of the guest house. The second kitchen f9rthe re,ntal umt Was added sometime in th~ I~te 70s,with911tabllilding pel1Jlit. "Th~refore,~e lI.relilsorequesting'iliat this l?andit umt be legalized as allowed iri~SeCi:ion 26.520.b8lJof'i:lieC6oe-: . , According to Section 26,520.080 of the Code, the Community Development Director shall, in accordance with the procedures, standards and limitations of the Code, approve, approve with conditions or disapprove a land use application for an ADD. This Admimstrative Review and the Director's findings must be in conformance with the following two criteria: 1. The proposed ADU must meet the requirements of Section 26.520,050, Design Standards; 2. The applicable deed restriction for the ADU has been accepted by the Aspen Pitkin County Housing Authority and the deed restriction is recorded prior to an application for a building permit. These two criteria are addressed below. Section 26.520.050 Design Standards for ADUs The seven Design Standards for ADUs are given and addressed below. 1. An ADU mnst contain between 300 and 800 net livable square feet, 10% ofwbich must be a closet or storage area. The proposed ADUhas, anexistingtW()b'edroom,two!JlI.th layoutillapproXim~tely 1427 square feet of net livable square IeeCThere is a large walk-in closet (8'x8') off one bedroom, a long, closet (2,5'x8') for the second bedroom, a small linen closet (2'x2') and two general purpose closets (5'x4' and 4'x3') for a total of 120 square feet of closet area. There is also a laundry/storage room of approximately 165 square feet (l7'x9' plus 3'x4') which, when added to the closet area, gives 285 square feet of storage, well over 10% of the net livable square feet, Please refer to the floor plan in Attachment 1 to this application, Since the existing unit proposed to be converted to the ADU is a bandit umt, the size is higher than the maximum size of800 square feet allowed by the Code standard. The floor area of the ADU is within the total floor area allowed for the guesthou'se of2550 square feet as shown in the Insubstantial Amendment to the PUD decision of approval in Attachment 4. Since it is a very spacious and desirable two bedroom unit, we are reque~~ing approval to c()ntinue to use the,entire 1427 square feet for the ADD. ,~~the.tim~()f~~Tod~ling()rrec()nstructi()ll()ftlr~gu~sthollse~ the owner would like to reserve the nghuo r~d.lIce the ,size or-the uiiIrto'li'smali; llize,'but Within the allowed size range of the Code for'AbUS,'This prevents the owner from red~cing the size of the umt now, before she wants to and before remodeling, It also allows the tenants to remain in a larger umt. At this time, there are no plans for remodeling the guest house in the near future. 2 ~ r-) The allowed floor area for the entire guesthouse was reduced substantially as part of the Insubstantial Amendment to the PUD, from approximately 4900 square feet to 2550, The loss of the additional square footage makes it important to the owner to retain the right to reduce the ADD to a smaller size at the time of the remodeling in order to give more square footage to the guesthouse. If this is not approved, the owner may choose to reduce the size of the unit now, pay cash in lieu of housing for the growth management exemption or she may choose to incorporate the ADD into the free market home and make it substantially smaller, It appears to be best for all concerned to allow the larger unit to remain as is until remodeling, which may not occur for many years, The applicant also wishes to obtain this ADU approval through the administrative process provided for in the Code, Larger ADUs are sometimes required to obtain Planning Commission approval. The applicant hopes that she is not penalized for providing a larger unit by having to go through a more arduous, costly process before the Planning Commission, 2. An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible from the exterior. b) An ADU must have separately accessible utilities. This does not preclude shared services. c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two burners, a sing, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and d) An ADD shall contain a bathroom containing, at a minimum, a sink, a toilet, and a shower. . The proposed ADD meets all of the above requirements. As shown in the floor plan in Attachment 1 to this application, the unit has two of its own exterior entrances, separate from the main residence, The ADU has direct access to the utility room. The ADD will contain much more than the minimum features required for the kitchen and the bath. The smaller unit shown in Attachment 2 would also exceed all of these requirements. 3. One parking space for the ADU shall be provided on-site and shall remain available for the benefit ofthe ADU resident. The parking space shall not be stacked with a space for the primary residence. As seen in Attachment 3, a survey of the site, plenty of on-site parking spaces will be available for the ADD. The spaces are paved and are not stacked, 3 f"'-, I) 4. An ADU shall be located within the dimensional requirements ofthe zone district in which the property is located. The subject property is at 1452 Crystal Lake Road and is located in the R-15 zone district. The ADD and the guest house within which the ADU is located, both met all the dimensional requirements of the zone district. Please refer to Attachment 4, the Administrative Approval to the Insubstantial Amendment to the Callahan Pun which gives the development parameters for Lots 12 and 12A of the Callahan Subdivision. 3. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. The existing unit has had no problems with snow and ice accumulation which negatively impacts the entry. Please refer to the photographs in Attachment 5 which show the entry to the unit. If necessary, any reasonable changes required by the health and safety inspection will be made. 6. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied. The proposed ADD (the existing large version and any future smaller version) will comply with these requirements and with this design standard. 7. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. The applicant agrees to comply with this design standard. Registration with~heHousing Authority and the recording of the deed restriction wilLoccuras soon as practkal, Any occupant of the ADU will be qualified according to the currentAspen/Pitkin COUlity Housing Authority Guidelines, as amended. The applicant agrees that the unit will be restricted to lease periods of no less than six months in duration or as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines. The applicant is not seeking aFAR bonus, therefore a mandatory occupancy requirement is not applicable and does not apply to the proposed ADD. The applicant understands that the owner of the property retains the right to select a renter for the ADD. Summary This letter has given a written description of the proposed ADU and an explanation of how the proposed development complies with the relevant review standards. Section 26.304,030 of the Code gives the minimum requirements of all development applications and these requirements 4 1""'\ t'"") have been met. Specifically, the applicant requests administrative, approvalforan existillp;,1427 square foot unit tobe converted to an ADU\\Tiththe c0l1piY9nthatth~ ~nit can be reduced to a smaller size ifand when the guest house andADUareremOdeteaorrebiiilC The existing unit was added without a building permit in the 70's and we are also requesting that the unit be legalized. We hope that this can be done administratively as welL An application is also being made to the Building Department to legalize the bandit unit through the building permit process in order for the health and safety inspection to occur, The following attachments are included with this application: Attachment!: Floor plan of the existing 1427 square foot unit proposed to be an ADD; Attachment 2: Potential future floor plan of a smaller ADU, when guesthouse is remodeled; Attachment 3: Survey of the subject site; Attachment 4: Insubstantial Amendment to the Callahan PUD Community Development Director Decision; Attachment 5: A vicinity map locating the subject parcel within the City of Aspen; Attachment 6: Signed fee agreement; Attachment 7: Pre-application Conference Summary; Attachment 8: Proof of ownership; Attachment 9: Authorization letter from the owner authorizing Davis Horn Inc, to submit this application and represent the owner in the land use process, & Please let me know iff have inadvertently neglected to address any of your concerns, If there is anything that we can do to help expedite this administrative review process, please let me know. As you have indicated, this application should not hold up the issuance of a building permit for the main residence as the approval of the ADU is required prior to issuance of a Certificate of Occupancy for the main residence. Thank you for your assistance with this application. Sincerely, DAVIS HORN INCORPORATED ~ 00AAl ALICE DAVIS AICP 5 - 1"""\ ~ A'nACHMENT ---L- w t.S' -______.L --ll! HALK-IN I: II I I r------ I I I : LAUN. I ]0 o ~ATH II - 11. 6EDRM I UP ) SINK KITCHENIDININ6 LIVING ROOM 6EDRM 2 I I I I I I I PATIO I I I I I I I --------~---Jd DECK A60VE ';:;; !~:! I': Iii! ,., LOT 12 A LOV'--lER LEVEL FLOOR PLAN ''''11 ,,/- c-4 ffi ~ ~ .. , ~ i f-1. .I l. u.. ~ .~ ~l 1 - ~ l - ~ .- ~ ~ ~ n .... - - eo ::r - i Q 0.- - \,,) ~ - I - t cO .. . . ...i \J - Q .- "\\ ~ ~ . {, i'l ) ~a . ~ or. '+ !~\~ .1 It "" ~:r K - i>~ _..t - .c i c.., .i~ '-'\ .,.. tv "'\ ~ ~ 'i- 'i- ~ {'" -:t-tI)r- ~ ~ .. .J Clofl\ )0( )( 00-:" o ;:u oJ,.. ...... "'z ~::> "'0 "'u -> a:z a... _IU~ u... _~lL o IS) zOS? a: IS) ::lz _.. ~IS) OS? _IS) IS) -IS) _IS) a -'" '-IS) IS) IS) "'. '-IS) _Ill 1S)lt: _M... ... -...... _"'0 ---... -...... r" ~ ;! NOTICE OF APPROVAL ATTACHMENT ~ TO: Julie Ann Woods, Community Development Director FROM: Nick Lelack, Planner RE: Callahan Subdivision and Planned Unit Development Agreement Insubstantial Amendment for Lots 12 and 12A. DATE:' September 1, 2000 SUMMARY: On behalf of Barbara Fleck (Applicant), Alice Davis of Davis Horn Inc. has applied for an Insubstantial Amendment to the Callahan Subdivision and Planned Unit Development (PUD) Agreement (Agreement). The Agreement between the City of Aspen and Benedict Land & Cattle Company, Frederick Benedict and Fabienne Benedict, and Robert S. Goldsamt, was signed by all parties on May 13, 1976, '. \) The purpose of the amendment is to clarify the intent and purpose of item IG of the Ag.~ement, which states: "Lots 12 and 12A are collectively designated as a single family lot. Lot 12A is the guesthouse for Lot 12," The Aspen Land Use Code has changed dramatically over the past 25 years. Several important provisions in the current Code did not exist when this Subdivision and PUD was approved, including floor area for the R-15 Zone District and Residential Design Standards, This amendment is intended to clarify how the current Land Use Code is applied to this !larcel, Lots 12 ann 1. OJ A. The Applicant proposes the followine- amendment to IG: "Lots 12 and 12A of the Callahan SubdivisionlPUD are collectively designated as a single family lot with the following restrictions and clarifications: 1. Lot 12A is the guesthouse for Lot 12. 2. Lots 12 and 12A must always be sold together as one lot and can never be sold separately. ("'1 ~ 3. The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2,550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single family home and the guesthouse. 4. Both homes will be built within their respective building envelopes 'designated on Page 3 of the Callahan Subdivision Development Plan, 5. Lots 12 and 12A will be considered as one lot for the purposes of applying t!le Sec:mda::-y il-iaes ~')~:~r. :::kv;",;,; S\;a~d:-~'(L. The guesthouse can serve as the secondary mass element for the main residence, 6, There is no guesthouse definition in the City of Aspen Land Use Regulations. The only existing limitation on the guesthouse is that it cannot be sold separately from the main residence. 7. An Accessory Dwelling Unit (ADU) can be located within the guesthouse," Staff believes the proposed amendment meets the review criteria for an insubstantial amendment, but proposes the following changes. Staff proposes deleting 6. and replacing the provision with the following language: 1. All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless otherwise stated in this amendment. Community Development 1:tdi:" reCO!!1:~;L_';::; ap~: ~'l; 'l:.: v~ t:,le Insubstantial Amendment to the Callahan SubdivisionJPUD, with the following changes described above. APPLICANT: Barbara Fleck REPRESENTATIVE: Alice Davis, Davis Horn, Inc, LOCATION: Callahan Subdivision/PUD Lots 12 and 12A ZONING: R-15 2 i- .') ~ o -...0 -, _I>- -...... _I/I:Z: ---- ::> 1/10 _...u ?i:z: :::::c~ - "'... _0'" -....... \;61 :Z:Q -a:s ~:z: Gis Q~ 6161 _610 -~ ....61 6161 -",. ....61 '" ..0: -",,,, ~... _...0 ...", -... iiiiii o _...u => -..J>- -...... _IIIZ - ~ -11I0 -.....U -> a:z _a... -","" - ... u... -~Q. =OISli Z"! -a:1Sl -... "'Z _.. _CDISl =&1Sl ISlS -1Sl _ISla -1'1 '1Sl -1Sl1Sl _1'1. _'1Sl ='" _ISla: - _"'CD -CD ...... _"'0 -... -...... ~ t""'\ l .1 COMMUNITY DEVELOPMENT DIRECTOR DECISION The Community Development Director finds the Insubstantial Planned Unit Development Amendments to the Callahan SubdivisionlPUD and to be consistent with the review criteria, and hereby approves the following amendments to the Callahan Subdivision and Development Agreement IG: "Lots 12 and 12A of the Callahan SubdivisionlPUD are collectively designated as a single family lot with the following restrictions and clarifications: 1) Lot 12A is the guesthouse for Lot 12. 2) Lots 12 and 12A must always be sold togethor as one lot and can never be sold separately. 3) The home on Lot 12 can contain no more than 6,731 square feet of floor area, The guesthouse cai, contain no more than 2,550 square feet of floor area, This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area these two uses, the single family home and the guesthouse. 4) Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5) An Accessory Dwelling Unit (ADU) can be located within the guesthouse." 6) All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless otherwise stated in this amendment. 7) Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass element for the main residence. The conditions of approval shall be: 1. This amendment shall be recorded within 180 days of this approval. No permits will be issued for Lot 12 until the recordation is completed. 2. All prior City of Aspen approvals for the Callahan Subdivision and Planned Unit Development shall remain in full force and effect. 3 r'\ 1'1 Attachments: Exhibit A . Application Packet APPROVED BY: DATE~ PPAO V€'D lie Ann Woods ommunity Development Director ,~"':,j .... CoIiIMIJN/'T'f D~ 8 '::!/fJf, c. I-c..v;~~, 17Y0;: "'<:Iv/, I;SPI:N Oll1l;CiOR WE HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS APPROVAL: (J__~;'; [J(lL0Y Alice Davis, Davis Horn, Inc., representing Barbara Fleck ~,-' .. "-'" . ',', iJ./";'j,.' ,"" 9 / ~ / :J.{JOO , . Date 1111111111111111111111111111111111111111111111111111111 447163 09/20/2000 08:33A NOTICE DAVIS SILVI 4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 4 o -"'0 > -....... -...... _UlZ -::> UlO "'0 -> a:Z _C.... -"" -"'... 0... _~a.. 0", _Z,,! 1;'" MZ _.. _co", =lS)lS1 ",.,.j -'" _"'0 -l'l .....'" -~"! -.....'" =Gl -"'a: - =:;:40 -..... -"'0 !!!!!!.... -....'" ~ A , 'y REVIEW CRITERIA & STAFF FINDINGS 26.445.100 Amendment ofPUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff FindinlZ This amendment does not change the use or character of the allowed development on Lots 12 and 12A; rather, it clarifies the development potential for the parceL The approved use and character of the development is low density residential with a house on Lot 12 and a guesthouse for Lot 12 on Lot 12A. . 2. An increase by greater than three (3) percent in the. overall coverage of structures on the land. \, Staff Findin? Building envelopes have previously been established for Lots 12 and 12A. This amendment does not in any way rhange the approved building envelopes or overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff FindinlZ The proposed amendment will not increase trip generation rates. 4. A reduction by greater than three (3) percent of the approved open space. Staff FindinlZ Open space would not be reduced by the amendment. 5. A reduction by greater than one (1) percent of the off- street parking and loading space. 5 r-, ~ , Staff Finding Off-street parking spaces would not be impacted by this amendment, 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding No reduction in required pavement widths or rights-of-way for streets would be impacted by the proposals, 7. An increase of approved gross bui:rHngs. greater than two (2) percent in the leasable floor area of commercial Staff Finding This amendment concerns a residential use. Therefore, this standard is not applicable. 8. An increase by greater than one (1) percent in the approved residential density of the development. :') Staff Finding Residential densities are not proposed to be changed. Allowing an Accessory Dwelling Unit (ADU) in the guesthouse does not change the allowed density, but ADUs are not considered units of density, 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding S "'1' ," 't' 't't! dC'11 tat! oe l~ves tl!e cnanges are. conS~8 .t::"-Jt \Vi it . J:~. aplii'oVO 31 a lUll SubdivisionIPlanned Unit Development. li~(W3111111111111111111111111111111111111111111111111 6 of 6 ~9~~:~2~0: ::: ~30A 0N00TpICE DAVIS SILVI . . ITKIN COUNTY CO 6 \1)/ t: lU I 'C a.. ~ ~ :) :r- Q + ~ .- Co ~ '- 'I,) -.J ~ .- - "> LL -.'T" ;; e,~~ _.. , ~ tjt1tJblJubboGLuuuuuJOOO j ... .. e:; ; ij j~! :~ .. ~ ~ .., on '" a w:~ ~~ ;~~ :~~ '" .. :J \II g\:::: ;;;::! ~ '" ~ : c ~:~_~$ ~m~m ~;g ~- i~~i~~_~~~1~~~ ~~6-~=:; ~:z~~y;~:",~~~~ -~"'I~=jK:;~~8~_d~~8&O~~~ ... .,; 2 0> .. t' .....,.. ao 8 = .... '" '. .. _.. ~ .. a=;:~~~~~~1~j~:~:~~5i7~ z ~ ;:: ~ ... ~ .... : - ~ '8 ui ~ ~ 0 ~ :::: <::) -.:1 ~ ~ ~;;;-.: ~::::~-i--~"'~N:;;"'~Z :~O::~ ~~~~7~~:",r~!c~~,r~di~S'" ~e~~~.~~~~~l~~~"'~!~:,i~l ; Z I & 1: g ..; ~ ~ I ; ~ ~ I ~ I ;of ~ S ~ <1 ~w,g1~j!~!gi~ I~;~j~~: ~:~~"I I 1~""~-,,,j~l~i~g! z :2"'~~MICNW'"~''~''' ..~ I -.~~~~~ ~!_~N~.=~'~Nz~~r~ - ~~~i: ~~~~9~g~~~g~~ie9 BBBBBBBBBBBBBBBBB888 I , \~'C~'-A- " , "~' ' \ "\'--I"?)~\" ''\\ :''"''r' ...,J")il-' '\. \ '/ \.\' pl" 'lid , "I".:.) ,.\~ .-- ~~', . . , ' ,'" ':":""-~~:""_..., I,:'>" ~ ... ~ J. .j ~-;,') 'i j \' ) "-!1f~' \\ -~-.\ (,-If -'\'/ )) " .-<.y::~, ,\ J . 'li ' ",10"_\) ,,\,~, $<:>-)/-'-B" \~ L~ "A';C" \-.- "0. '..... " ',. \ t" jZ/ .//) _ , '\J" / ..---. \ ,,~ I ; ; _ '---'J . I I\"'~ ,--',' ell'l~-] ~:. / i := 1;!l~1 \ -~, : : /; \~\ y, :>=7 \~~: ", :, :.- ! (.--\ ,-1 ~~'y~'" ,::o!;j /::-. J:';:":~ \~\'-';;' .. ~ ~(~-:'t"'''';''>'~$ \\ :;. - \ '\- .::...l 'y" " ".\ " ,7.(. I '-\ ''-;'';:' ""-- \.> .,{I' '-; 'f ; ..' I., :._:" . .}'.' .\\, ". " e 1,/ \~:...-r--- vllll 11 LVVV IVL ')";'(~>J j il ;. ~1!, : II). r, U~ ~ f""I ~, ';I ASPENIPITKIN COMMUNITY OEVELOPMENT l)EPARTMENT ATTACHMENT -1L- ~rcement for Payment of City or AsrJen Development Allplication Fcc~ CITY OF ASPEN (hereinafter CITY) and hC\. ( bet,~ ..Fl {J L k. (hereinafter APPLICANT) AGREE AS FOLl.OWS: I. 3, APPLICANT and CITY agree that because of the size, namre or scope of the proposed project, it is not possible at this time to ascertain the full extent of the cOSts involved in processing the applicCltion. APPLICANT and CITY further .gree th.t it is in the interest of the parties that APPl.lCANT make payment of an initial deposit and to tbereafter permit additional cost, 10 be billed to APPLICANT on a monthly basis. APPLICANT agrees additioMI COSts may aCCrue following tbeir bearings and/or approvals. APPLICANT agrees he will ,be benefited by retaining gteater casb liquidity and will make additional payments upcn notification by the CITY when they are necessary as cOSL' arc incurred. CITY agrees it will be benefitcd through the gre~er certainty of recovering its full costs to process APPLlCA};TS application. 4. CITY and APPLICANT funher agree that it is impracticable for CITY staff to complete processing or present !unicicnr infonnation to the Planning Commission and/or City Council to enable the Plnnning Commission and/or City Council to make kgally rcquin::d findings for project consideration, un1c:;s Current bIllings arc paid in full prior fO decision. 5. Therefore, APPLICANT agrees that in consider"tion of the CITY's waiver ofil~ right 10 collect full fees prior to a determination of application compkleneS5, APPLICANT shall pay an initial deposit in the amount of S Lf'iff) wbich is for 1 hours of Community Development staff time, and if actunl Iecorded costs e,,-ceed the initial deposit, APPLICANT shall pay additional monthly billirlgs to CITY to reimburse the CITY ror the processing of the application mentioned above, including post approval review. Such periodic p"yments shall be made wilhin 30 days of rhe bimng d~te. APPT.1CANT further agrees thar fallnre to pay such accrued casts shall be grounds for suspemjion of processing, and in no case wiIl building permits be issued unli1 all cosl-.; associated with case processing: have been paid. ClTY OF ASPEN APPLICANT By: Julie Ann Wood, CommlU1ity Development Director /B~0)C~~ 1X~iL Date: '3 - 15" - D 0 g:\~u ppo.rt\forms\agrpayas.d Ot 12/27/99 --> 1_ 1) I Mine7 J (~, I :!:".n7j () 1.!I!~~Lot I () I ~~nd~?J t~J I Mobile7 j (; L~e'e.~[J ,., Aocount (; Pe'c~ Neme (~( Situ p",anN ~.~, NON dd %m,. ,,li.J1M,.,,, Legal L crlption " woor amo}"".. J088 ~ ~~ FLECK BARBARA' --.-. - --.. SUB:CAlLAHAN LOT:12 & LOT:12A - 1407 CRYSTAL LAKE RD BK:0312 PG:0112 BK:0737 PG:0082 ASPEN CO 81811 c~ ~---.J AcsO'Unt R008486 Yea, Di.trict 2000 058 Apr Diet St A Percel Number MH Spece Seq 273718132012 !~~r\!:;~lr~i~!~il~ ,','.,.4&,'.,.,,",'.,",'~,",'," "".""". .:':.:::;,.:;:.:~.:~.::;.:':.;.... 1[li~~ '::;:;.,.;.;.; w ~::: ;:;:;:#:n:\:;:: fmrmr::pn~ ]'m!t lip,,? :lllilllllll~\nnll BACode :~1ii~illl ~~~~ Type Owner Location Map No logt Business Name I2J Name I2J T ex Items 0 Protest (Tl IZJ CAMA IAI 0 Situs 0 E!re/Suc 0 Mobile Auth 0 Personal (PI 0 Mobile 0 Remarks 0 Value 0 Oil end Gos 0 Iract 0 T ex Sale 0 Condo 0 Sp~c Asm 0 State Asd 0 Block 0 Mines 0 Control Statement 0 Sales 0 Sibling 0 History Receipting 0 MisclMl 0 Rags Creete Bill An Current Vear Prior Version Go To Imaging Prior Year Nelx)t Versk;c" Abatement Next Year Clerk's Doc's Property Card Update Clear Exit ~. "",. - pt(lfJ~/ ENT f , ' . f""", t1 ATTACHMENT , Barbara Fleck 1407 Crystal Lake Road Aspen, Colorado 81611 (970) 925-8515 August 10, 2000 Julie Ann Woods Nick Lelack City of Aspen Community Development Department 130 South Galena Street Aspen, co. 81611 RE: Authorization to Represent Dear Julie Ann and Nick: As the owner of Lots 12 and 12A of the Callahan Subdivision and Planned unit Development, I authorize Davis Horn Incorporated to submit a land use application for this property on my behalf and to represent me in the land use review process. At this time, an application for an insubstantial PUD amendment and for an Accessory Dwelling unit are to be requested. Alice Davis of Davis Horn Inc. will be the project manager and can be reached at (970) 925-6587. The address of Davis Horn Inc. is 215 South Monarch Street suite 104, Aspen Colorado. Please call if you have any questions regarding this authorization. :incer~ ~7J,,- ~ FLECK owner, Lot 12 and 12A Callahan SUbdivision/PUD