HomeMy WebLinkAboutcoa.lu.cu.Elmore 801 E. Hyman 1995Elmore Cond. Use Review for A.
2737-182-46-001 A96-94
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 12/13/94 PARCEL ID AND CASE NO.
DATE COMPLETE: �,J 2737-182-46-001 A96-94
STAFF MEMBER: LL
PROJECT NAME: Elmore Conditional Use Review for ADU
Project Address: 801 E. Hyman Ave.
Legal Address:
APPLICANT: John Elmore 910-686-7400
Applicant Address:8204 Fazio Dr., Wilmington, NC
REPRESENTATIVE: Stan Mathis
Representative Address/Phone: Box 1912
Basalt, CO 81621
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FEES: PLANNING $ 0 # APPS RECEIVED 2
ENGINEER $ # PLATS RECEIVED 2
HOUSING $
ENV. HEALTH $
TOTAL $ 0
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date \ PUBLIC HEARING:,---yES�� NO
VESTED RIGHTS: YES NO
CC Meeting Date
DRC Meeting Date
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
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REFERRALS:
City Attorney
Parks Dept.
School District
City Engineer
Bldg Inspector
Rocky Mtn NatGas
' Housing Dir.
Fire Marshal
CDOT
Aspen Water
Holy Cross
Clean Air Board
City Electric
Mtn. Bell
Open Space Board
Envir.Hlth.
ACSD
Other
Zoning
Energy Center
Other
DATE REFERRED: INITIALS: DUE:
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FINAL ROUTING: N_ DATE ROUTED: INITIAL:
City Atty City Engineer
Housing Open Space
FILE STATUS AND LOCATION:
Zoning Env. Health
Other:
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RECORD OF PROCEEDINGS
PLANNING is ZONING COMMISSION JANUARY 3, 1995
Chairman Bruce Kerr called meeting to Order at 4:30 P.M.
Answering roll call were Steven Buettow, Robert Blaich, Tim Mooney,
�11G' Sara Garton, Jasmine Tygre and Bruce Kerr. Marta Chaikovska and
Roger Hunt were excused.
Sara: In walking behind the red brick school today the satellite
dish we approved for KAJX--The dish faces southeast against the
school. So there is all this white underbelly exposed. I wonder
if that could be painted as the red brick.
Leslie: One of our conditions of approval was that they were
supposed to paint the dish either a red or a black to help it blend
in. And they are supposed to landscape it. I have talked to Sy
about painting the dish and he said he would look into that. I
will talk with him again.
Sara: Could we have a report from the Housing Office about their
phone survey on ADUs.
Leslie: They are gearing up for another survey.
"i. STAFF COMMENTS
,s
Leslie: We have set up a work session with Council with P&Z and
HPC on January loth at 2:30 to go over the stuff we are coming up
with as far as FAR --the definition of FAR, etc.
There were none.
PUBLIC COMMENTS
MINUTES
DECEMBER 6 AND 20, 1994
Jasmine: I move to approve minutes of December 6, 1994.
Sara seconded the motion with all in favor.
Bob made a motion to approve minutes of December 20, 1994.
Tim seconded the motion with all in favor.
ELMORE CONDITIONAL USE REVIEW FOR A ADU
Bruce opened the public hearing. _
Leslie presented affidavits of public33otice. (attached in record)
She then made presentation as attached in record.
- -- — �.
CStan Mathis, architect for applicant: Described changes in the
project.
Sara: Now you will not excavate under the garage?
Mathis: Now we will not excavate under the garage. That is
correct. We were at 5 bedrooms plus ADU. Now we will be at 4
bedrooms plus ADU.
Miki: I own a condo unit that is right across the alley. So I
want to know what is going on over there. And we have off street
parking. What kind of designated parking there will be beside the
garage and is there one car space for the ADU.
Mathis: There is not a car space planned for the ADU. It is not
required by code. We do have one car space per bedroom.
Leslie: The code requires one parking space per bedroom. But if
the accessory dwelling unit is a studio or a one bedroom, the code
does not require a parking space unless the Commission and the
planning staff feel that a parking space is necessary. So when
you have a 2-car parking garage and you have a deep enough apron
to the alley, that essentially is 4 parking spaces.
Bruce: I can't tell from the drawings what the situation is over
that entry into the ADU.
Mathis: I have the step back totally underneath the upper part of
the house so the snow sheds clear over here. Plus you come into
it from the gable end of the house. There is a pretty clear path
protected by snowfall. There is an overhang here at the face of
the garage. Then you go totally under cover.
We have all sorts of drains for this in anticipation of any sort
of water. Chuck always requires us to have a pretty good drywell
system around the house for collection of roof water. We are
required by code to sort of keep the water that is generated by
runoff from the roofs on the site.
Leslie: I need to add a condition which would require "Before
issuance of any building permit the applicant shall submit revised
floor plans showing the new location of the ADU and showing the
east elevation".
Mathis: This will not come through as a change order. We will do
the plans and then we will process our building permit.
John has asked if he could do cash -in -lieu.
2
CLeslie:
It is the applicant's option. So if the Commission
approves the ADU tonight and later on John decides to do the cash -
in -lieu --he does the cash -in -lieu. Nobody can pull a building
permit until they do one or the other.
Steven: Will the dwelling unit be essentially the same with the
living room area in there and the bathroom and kitchen area over
here?
Mathis: Yes. What I was trying to commit to is there is
approximately 450sf floor area there. The dimensions of the actual
living space exclusive of the kitchen and the bathroom would be
approximately the same. There will be more glazing.
Steven: Will the glazing come down pretty much right in the middle
of the living room area as shown here.
Mathis: Yes. Except go all the way across here. The physical
area from here is approximately the same.
MOTION
Sara: I move to approve the conditional use for 801 East Hyman
with the conditions as outlined in the Planning Office memo dated
January 3, 1995 and the addition of condition #6 as stated by
(
Leslie. (attached in record)
\
Bruce closed the public hearing.
Bob seconded the motion with all in favor.
CONGDON CONDITIONAL USE REVIEW
FOR AN ADU
Bruce opened the public hearing.
Leslie made presentation as attached in record.
Gretchen Greenwood, architect for applicant presented affidavits
of posting and mailing. (attached in record)
Leslie: My memo is incorrect in that I state that they are not
requesting floor area bonus. But they are using the floor area
bonus for the ADU and are gaining 150sf of bonus for the ADU. I
also include in my memo that as to whether the access the ADU would
be protected from snow shedding. And that the ADU is 300sf of net
livable not 300sf floor area.
Gretchen Greenwood: This is a historic preservation project. This
property is on the corner of First and Francis. We have gone
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Deputy Director
RE: Elmore Conditional Use Review - Public Hearing
DATE: January 3, 1995
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SUMMARY: The applicant proposes to construct a single family home
with an attached accessory dwelling unit. Staff recommends
approval of the conditional use for an accessory dwelling unit.
APPLICANT: John Elmore
LOCATION: 801 East Hyman
ZONING: R/MF Residential Multi -Family
APPLICANT'S REQUEST: To provide an approximately 450 square foot
attached studio accessory dwelling unit pursuant to Ordinance 1
requirements.
REFERRAL COMMENTS: Please find the referral comments from the
Housing Office, exhibit A.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 24-7-304 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
proposed to be located;
RESPONSE: The proposed accessory dwelling unit is an attached,
below grade unit. The size is 450 square feet but the net liveable
must be verified by the Housing Office at the time of building
permit application. The unit must comply with the Housing
Guidelines and the requirements of Ordinance 1 and shall be deed
restricted as a resident occupied unit for working residents of
Pitkin County.
It is unclear from submitted plans whether the unit complies with
the UBC requirements for natural light and air for a dwelling unit.
Staff, having been concerned about adequate light/air/ventilation,
recommend another light well in the kitchen area of the ADU. The
roof overhang is wide enough to protect the entrance to the ADU
from shedding snow.
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 surrounding neighborhood, on the east side of
Original Street is entirely residential. Many multi -family
buildings are located on this side of Original Street and the
neighborhood is zoned residential multi -family. Directly across
the street is the Kraut affordable housing development and the
beginning of the commercial downtown.
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 attached accessory dwelling unit, according to the
plans, has a private entrance which is accessed off of the alley.
The existing single-family home is on Aspen's Inventory of Historic
Sites and Structures. In 1991, the HPC reviewed and approved a
site specific redevelopment plan for this parcel. An attached,
below grade ADU was included in the development plans that the HPC
reviewed. However, the HPC cannot approve or deny the conditional
use for an ADu and Mr. Elmore is requesting approval in order to
begin development this spring.
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 new services are required for the ADU. According to
the applicant's representative, 5 on -site parking spaces are
provided.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The proposal includes a studio accessory dwelling unit
which will be deed restricted to the Housing Office guidelines for
Resident Occupancy.
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 conditional use is an attempt to comply with
2
1 0 0
Ordinance 1 requirements. Ordinance 35 review, the interim overlay
review, is not required because the applicant has a site specific
development plan that was vested by the HPC.
RECOMMENDATION: Staff recommends approval of the ADU with the
following conditions:
1. Prior to the issuance of any building permits the applicant
shall:
a. verify the net liveable square footage of the ADU;
b. verify that the ADU meets the UBC requirements for natural
light/air/ventilation for a dwelling unit;
c. upon approval of the deed restriction by the Housing Office,
record the deed restriction with the Pitkin County Clerk and
Recorder's 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;
d. kitchen plans shall be verified by the Housing Office to ensure
compliance with specifications for kitchens in ADUs;
2. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
4. The ADU shall be clearly identified as a separate dwelling unit
on building permit plans and shall comply with U.B.C. Chapter 35
sound attenuation requirements.
5. Prior to the issuance of a certificate of occupancy the
Planning Department shall inspect the unit to determine compliance
with the conditions of approval.
RECOMMENDED MOTION: "I move to approve the conditional use for
801 East Hyman with the conditions as outlined in the Planning
Office memo dated January 3, 1995."
ATTACHMENTS:
A. Housing Referral Comments
B. Plans
DEC 23 '94 08:52AN AV HOUSING OFC P.2
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NMXOR3+ NDUM
TO: Leslie Lamont, Planning Of-fice
rROM: Cindy Christensen, Housing Office
DATE: December 22, 1994
RE: Elmore Conditional Use Review for an Accessory Dwelling
Unit
Parcel ID No. 2737-182-46-001
The Housing Office recommends approval for the requested accessory
dwelling unit based on the following conditions:
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 guldeiines for resident occupied units and shall
be limited to rental periods of not less than six (6) months in duration. Owners of the principal
residence shall have the right to place a qualified employee or employees of his or her choosing in
the accessory dwelling unit.
The application shows the unit to be 450 square feet. The actual
calculation of the net liveable square footage, as defined by the
Housing Office Guidelines, will need to be provided when the
applicant applies. for a building permit. Net liveable is defined
as follows:
Net Liveable Square Foote - Is calculated on interior living area and is measured interior wall
to interior wall, including all interior partitions, Also included, but not limited to, habltable basements
and interior storage areas, closets and laundry area. Exclusions include, but are not limited to,
uninhabitable basements, mechanical areas, exterior storage, wairwelrs, garages (either attached
or detached), patios, decks and porches.
Since the unit is below grade, the plans which show the windows an
the aide of the entrance must remain and the more light going into
the unit, the more acceptable.
The kitchen must be built to the following specifications:
Kitchen - For Aocessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two -turner
stove with even, standard sink, and a 6-cubic foot refrigerator plus freezer.
Before the applicant can receive building permit approval, the
applicant must provide to the housing Office a signed and recorded
Deed Restriction, which can be obtained from the Housing office.
The Housing Office must have the recorded book and page number
prior to building permit approval.
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DECE11BER 7, 1994
LESLIE LAMONT
ASPEN DEPARTMENT OF COMMUNITY DEVELOPEMENT
130 SOUTH GALENA STREET
ASPEN, CO 61611
RE: 801 EAST HYMAN AVENUE
DEAR LESLIE.-
ENCLOSED IS THE CONDITIONAL USE APPLICATION FOR AN ACCESSORY
DWELLING UNIT (ADU) TO BE LOCATED AT THE ABOVE REFERENCED ADDRESS.
I AM SEEKING AN APPROVAL FROM THE CITY OF ASPEN FOR THE ADU
DESCRIBED FOR MY CLIENT MR. JOHN ELMORE. THIS APPLICATION FULFILLS
THE REQUIREMENTS OF THE PRE -APPLICATION CONFERENCE YOU CONDUCTED
WITH MR. ELMORE ON NOVEMBER 11, 1994, A COPY OF WHICH IS ENCLOSED.
THIS SUBMISSION INCLUDES:
1) MINIMUM SUBMISSION REQUIREMENTS -ATTACHMENT 2
2) SPECIFIC SUBMISSION REQUIREMENTS -ATTACHMENT 3
3) REVIEW STANDARDS -ATTACHMENT 4
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ATTACHMEPTT 4
Review Standards: Development of Conditional Use
When considering a Development Application for a Conditional
Use, the Commission shall consider whether all of the following
standards are met.
A. The conditional use is consistent with the purposes,
goals, objectives and standards of the Aspen Area
Comprehensive Plan, and with the intent of the Zone
District in which it is proposed to be located; and
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 ac-
tivities in the immediate vicinity of the parcel
proposed for development; and
Q ! C. The location, size, design and operating characteris-
tics of the proposed conditional use minimizes adverse
effects, including visual impacts, impacts on pedes-
trian and vehicular circulation, parking, trash,
�11C'' • . service delivery, noise, vibrations and odor on
surrounding properties; and
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; and
E_ The applicant commits to supply affordable housing to
meet the incremental need for increased employees
generated by the conditional use; and
F. The proposed conditional use complies with all addi-
tional standards imposed on it by the Aspen Area
Comprehensive Plan and by all other applicable require-
ments of this chapter.
a Lt4_conditionaluse
DEC - 6 W
F
i I
i
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that JOHN A. ELMORE, II is the owner in fee
simple of the following described property:
LOT A, BLOCK 111, 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
BY
CER
994 @ 8:30 A.M.
DEC / 5 ,�
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Recurdar
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NNARRANTY DEEpu
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Elsie J. Snyder
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whose address i% 801 E. Hyfnan Avenue
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Aspen, CO 81611
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for the con,iderationol'
ct;
ten dollars and other valuable consideration
4a
dolls, in hand paid. hereh� ell(,)
and conve%(sl to John A. Elmore II
who,c les,al addre,s i, P. 0 - BOX 881
Wrightsville Beach, NC 26480
COOMM .
the following real property in the Cmint% al Pitkin
and State of
Colorado. to %% it:
Lots A, B, C and D, Block 111, City an.c. Tounsite of Aspen,
County of Pitkin, State of Colorado
JUIN 15 1989
also known by street and rusher it, 801 E. it ;man Avenue, Aspen, CO 81611
with all it, appurtenance,. and wartanu,l the title to the same. Llhie,:l it, general real estate taxes for
1989; reservations and exceptions in Deeds from City of Aspen recorded ill
Book 59 at Page 138 and in Book 59 at "age 170; and all mineral and mineral
rights described in Deeds recorlea in Book 93 at Page 99,
hook 93 at Page 161
and Book 115 at Page 219.
Signed IN, r daN. 10 89
L/
Elsie 3: Sn,,der
sr.m,ir. (* COLORADO
Count, of Pitkin }"
The loneyoing in,trunjent %%a,ackno%, ledped be!ore nic this daN of j 89
by Elsie J. Snyder
tno, illy handando uncial otimill"1011 CN111TV, Wi
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PUBLIC NOTICE
RE: ELMORE CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, January 3, 1995 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by John Elmore, 8204 Fazio Drive, Wilmington, NC,
requesting approval of a Conditional Use Review for an
approximately 450 square foot Accessory Dwelling Unit attached to
the proposed new single family dwelling. The property is located
at 801 E. Hyman Ave.; Lot A, Block 11, City and Townsite of Aspen.
For further information, contact Leslie Lamont at the Aspen/Pitkin
Planning Office, 130 S. Galena St., Aspen, CO 920-5101.
s/Bruce Kerr, Chairman
Planning and Zoning Commission
•
•
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5439
MEMORANDUM
TO: City Engineer
Housing Director
FROM: Leslie Lamont, Planner
RE: Elmore Conditional Use Review for an Accessory Dwelling Unit
Parcel ID No. 2737-182-46-001
DATE: December 15, 1994
Attached for your review and comments is an application submitted by John Elmore.
Please return your comments to me no later than December 23, 1994.
Thank you.
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