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Home My WebLink Aboutcoa.lu.cu.Elmore 801 E. Hyman 1995�y CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: WT' 94 PARCEL ID AND CASE NO. DATE COMPLETE: "-'� 2737- 182 -46 -001 A96 -94 STAFF MEMBER: LL PROJECT NAME: Elmore Conditional Use Review for ADU Project Address: 801 E HVman 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 --------------------------------------------------- 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: ES NO VESTED RIGHTS: YES NO CC Meeting Date DRC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO REFERRALS: City Attorney Parks Dept. School District i City Engineer Bldg Inspector Rocky Mtn NatGas �K' 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: FINAL ROUTING: N ro-t_ DATE ROUTED: INITIAL: _ City Atty Housing City Engineer _Zoning _Env. Health Open Space Other: FILE STATUS AND LOCATION: v RECORD OF PROCEEDINGS PLANNING & 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, Sara Garton, Jasmine Tygre and Bruce Kerr. Marta Chaikovska and Roger Hunt were excused. COMMISSIONER COMMENTS 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 By 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. STAFF COMMENTS Leslie: We have set up a work session with Council with P &Z and HPC on January 10th at 2:30 to go over the stuff we are coming up with as far as FAR- -the definition of FAR, etc. PUBLIC COME NTS There were none. 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 public,iotice. (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? C'!t'. Mathis: Now we will not excavate under the garage. That is correct. We were at 5 bedrooms plus ADD. Now we will be at 4 bedrooms plus ADD. 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 ADD. Mathis: There is not a car space planned for the ADD. 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 ADD 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 Mathis: Yes. What I was trying to commit to is there is approximately 450af 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 l( Leslie. (attached in record) \ Bruce closed the public hearing. Bob seconded the motion with all in favor. CONGDON CONDITIONAL USE REVIEW FOR AN ADD 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 ADO would be protected from snow shedding. And that the ADO 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 3 __ Leslie: It is the applicant's option. So if the Commission approves the ADO 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 450af 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 l( Leslie. (attached in record) \ Bruce closed the public hearing. Bob seconded the motion with all in favor. CONGDON CONDITIONAL USE REVIEW FOR AN ADD 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 ADO would be protected from snow shedding. And that the ADO 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 3 __ TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Deputy Director RE: Elmore Conditional Use Review - Public Hearing DATE: January 3, 1995 ------------------------------------------------------------ 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 OA 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. RECONNENDATION: 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 NOTION: "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." A. Housing B. Plans I ` .Referral Comments S �3 i DEC 23 '94 08:52AM AGO'°` HOUSING OFC P.2 TO: Leslie Lamont, Planning Office 1rROM. 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 recotmnends 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 guidelines for resident occupied units and shall be limited to rental periods of not lase 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 Sats re Foollaoe - Is calculated on interior living area and is measured interior wall to interior wall, including all interior partitions. Also included, but not limited to, habitable basements and interior storage arena, closets and laundry area. Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stafte a, garages (either attached or detached), patios, decks and porches. Since the unit is below grade, the plans which show the windows on the side 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 Accessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two -burner stove with wen, 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. \wDrAnfonral \elnoce.adu 0 � 1 - -- L.i--.J ..:._ ♦:: � -_ s ..' as V � -l_. EXr�Tir'J�k.� c � !r i' i 1 s; 111. 7 i i l L h }e t _ .,o-4 J.._ ,'.� 1- � — � Ile it t r•1 in it -. F s _u<� � !. -_i / � �.e.��' i'j t,.�.• )'�1 i{ Ijly f ?. . }�3 ,1 , ,1 • � �,i,V2 Jr � V � P I k t• t B t �$ - CO / { P _ l I<Dly k t L ' ` _f fr 1 � `� + � P B t { I<Dly k t L ' ` _f fr 1 � n � - - a , j% lip u s< - !3 �. .:. •S �. .a h. .� .._Y T � n i iP T X3+1 '-y t b..Tyµ.Y }Pxia 2 'n 5. •,Y ',' nom.. _.1�'�n �r,!`y'��£�� „'ls v ti - .• �. �' - 1� ry w t E !o pEGK } r Or -fo A vU ; { 1 l ADU << } 1 � � r. DECE11BER 7, 1994 LESLIE LAMONT ASPEN DEPARTMENT OF COMMUNITY DEVELOPEMENT 130 SOUTH GALENA STREET ASPEN, CO 01611 RE: 801 EAST HYMAN AVENUE DEAR LESLIE: 4 -DO 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) 11INIMUM SUBMISSION REQUIREMENTS- ATTACHMENT 2 2) SPECIFIC SUBMISSION REQUIREMENTS- ATTACHMENT 3 3) REVIEW STANDARDS- ATTACHMENT 4 STAN 61A1111S ARCDIRGUBI, AND PhANNINC Po Olfi (3031�9204 n ra 34 G • U'roject. Location address. • • r. G nI • • G.' . description . p .• 3) Present Zon� ,� Lot Size ✓./� • • r. Address Phone i / it : �V 6) Representative's Name 77)) Type of Application (please check all that apply) R conditional_ Use Conceptual SPA Oanceptual historic Dev_ Special Review 8040 Qroenline Final SPA •13 En. .. Stream Margin Final HUD Mountain View Plane _ Subdivision C orm n i i,ni i �ation' TextAlap Amendment Lot Split/lot Line Pdjustnent Final Historic Dev- Minor Historic Dev_ Historic Dmolition Historic Designation r .. � 8) Description of EKict;ng [Lses '(ember and type of evicting Structures; apprmrimate sq- ft -; ixmber of bedrooms; any pr�evlous approvals granted to the Party • 9) &l'_ h e 0,0 1 "''0 1 i I' Gf i i,M L. ; � ��' " " ` `! IFA 1 3L A A/ to Attachment Hu • '07Tntents Zespo r • Attachment • . • • Your • Y. •. A -2 A > V > . .. . ...... t o F T 5'. ZWO pozz z Kr 53333 r RR241U F 9 Er 71; J, NW n 5j C UWD JW.S P'r v uj P pW.4 'OdAV Dr O 'Stle Hwy 0 ,oe* r Sin A^ Red At. In Rd U) "a P(D -S I omft 6) Z < 0 0 0 I z 7 jo 3 � ji l Review Standards: ATTACHMENT 4 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 C. Q�Jc`7 C" '" The location, size, design and operating characteris- tics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedes- trian trian and vehicular circulation, parking, trash, 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. att4.conditionaluse 1'7a8. 1 1YaNW rl� �RG'C•�C i S 16 i-1 o n o V.1 DEC - 6W F SAva "i wl .4}l,•s ".-1 'be.1,lo ) - a-- h�l�. 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. PI m CE 994 @ 8:30 A.M. DEC / 5,c,,� R R: un N,, RarzJOi NVARRANTY DFEOJ o H 594 Elsie J. Snvder - - -- w — ten del_ars an o -- dedm>. in hard Paid. herth, 11111.; and u+nem ra m John A. EliaOre II u LOSC Iie,•ml add, i, P. 0. Bow 881 {ariahtsvillo Beach, :z 28480 the follrn.ing real Pmperte in the 0) it, of Pitki. Colorado, n, +t It Lots A, B, C and D, Block 111, City arv:: ' "o:.nsite of Aspen, County of Pitkin, State of Colorado �fT - `` s ahoss• addrc.. I. 801 E. Ilytra Avenue ! UP i y r Aspen, CO 81611 o �� z . Ibr the anhlderaunn oP 'n d ther valuable consideration ten del_ars an o -- dedm>. in hard Paid. herth, 11111.; and u+nem ra m John A. EliaOre II u LOSC Iie,•ml add, i, P. 0. Bow 881 {ariahtsvillo Beach, :z 28480 the follrn.ing real Pmperte in the 0) it, of Pitki. Colorado, n, +t It Lots A, B, C and D, Block 111, City arv:: ' "o:.nsite of Aspen, County of Pitkin, State of Colorado �fT U r y RJ 1 5198.9 r ,5 CIS' :.J N c. co C. and State of al.o Anu+cn by .trect and nuns her n+ 801 E. Sl'm'nn :%venue, Aspen, CO 81611 a'ilh all it, apPurlen;mcc., and a,n ranp,l Ilya I'll, W the vnrc. Yullwt p goneral roll estate t xcs for 1989; reservations and exceptions in Duds from City of Aspen recorded 11 Book 59 at Page 138 and in Book 59 at 'acre 170; and all mineral and mineral rights described in Dodds rocor3rd in 7,1 1: 93 at Page 99, lack 93 at Page 161 and Book 115 at Page 219. SlcneJ Ot I. : d:n .d I'1 H9 Elsie J. Sn•;'Jer S I N I I ()I ('(1101t,ADU. C...... Pitk'_n d:n .'1 �.. . I�t 89 "fhc threcomc Inarun¢m ...i. udmn.Inleed hGOra :nr Jv, ' ` M ELsic J. Snyder \h Doom% „Inn <., Ire. it %'ari , my ha ^d :cod "atonal .cal. - � 1. .mot r'•', r , % ]n.9 -17 R,', 121, ...IfN.AIA n.... ... ... ... �Y t' 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 I i 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. C. O LA 5 rj, al