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HomeMy WebLinkAboutLand Use Case.CU.820 Roaring Fork Rd.99A-89CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10 ll 89 DATE COMPLETE: // PARCEL ID AND CASE NO. 2735 - 121 -19 -002 99A -89 STAFF MEMBER: L PROJECT NAME: Fischer Conditional Use Project Address: 820 Roaring Fork Road Legal Address: Lots 7 -15 and 1/2 of Lot 6. Aspen Co. S/D APPLICANT: Arthur Fischer Applicant Address: 0069 Forest Lane Snowmass, CO REPRESENTATIVE: Michael Dovle - Hagman Yaw Representative Address /Phone: 210 South Galena Aspen r f 303 925 -2867 PAID: YES NO AMOUNT: NO �OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 STEP: >/ 2 STEP: P &Z Meeting Date )/ S� PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consol. S D Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: /�/ INITIALS: f � � FINAL ROUTING: DATE ROUTED: INITIAL: _ City Atty z City Engineer ✓ Zoning Housing Other: FILE STATUS AND LOCATION: Env. Health M NOTICE TO ADJACENT PROPERTY OWNERS RE: FISCHER CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 5, 1989 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Michael Doyle on behalf of his client, Arthur Fischer, requesting conditional use review approval for a one bedroom accessory dwelling unit to be contained in the single - family residence at 820 Roaring Fork Road, Lots 7 -15 and 1/2 of 6, Block 3 of Aspen Company Subdivision. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson, Chairman Planning and Zoning Commission ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 November 8, 1989 Michael Doyle Hagman Yaw Architects 210 South Galena Street Aspen, Colorado 81611 RE: Fischer Conditional Use Review Dear Michael, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, December 5, 1989 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. The applicant is required to post a sign on the property and mail notice of the meeting to adjacent property owners. Please refer to the attached for further information. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant A rACtu'Wr 1 uitm USE 11PPraCTTtorl 1) project Name Iacation 820 ROARING FORK RD, ASPEN, Z) LOTS -� COMPANY SUBDIVISION. ubere address. lot & block mmber, legal d � appropriate) 3) Present zon R 15 4) lot Size 18 348 5) Applicant's Name, Address & gone 0 ARTHU F 5CHER, nnfig FnR Sj I ANF SNOWM - 's me, Address & Hxx>e # n r r1,AF DDY' F HACMAN Y AW 6) pepr tive Na — ARCHITECTS, 2 10 SOUTH GALENA ASPEN COLORADO 425 -286 Y) Zy of Application (please deck all that apply)' \/ Clxnoeptanal SPA CmxxVtual. historic Dev- conditional Use Spec f T al Fteview _ 8040 (;ro ne enli Stream Margin Final SPA Cm mpbial PUU Final. PUD _ Mowntain View Plane _ Subdivision bmdmi njuiizatlon. 7- ap Tm rdn n t J Sp1it/Iot Line Adjust Finial historic PeV Minnor historic Dev. historic Demolition Historic Designation 6MaS Allotment Gnag Emmpti -on. 8 Il"'iption of n sting Uses '(mom and type o s urss appr000mate sq. ft.; number of bedrooms: arty P�� vl gran to the property). 1<cn aGnnir- RFM nnFl Fn ,INTO EXISTING FOUR BEDKUUm KCJ1VGV FOUR BEDROOM RESIDENCE, SAME F.A.R. g) Description of Development Application SINGLE FA MILY HOME WITH PRO BEDROOM. lo) Have YOU attadted tine fallwitxf? Stilamission counts �- lapottse to Attactm>a 2, w. X to Att-,ad�ett 3, Specific Submission Content 1>catiat X Response to Attaclnnent 4, Review Standards for Your App ulllllll HAGMAN YAW ARCHITECTS Lm 210 SOUTH GALENA ASPEN, COLORADO 81611 303/925 -2867 PROJECT MEMORANDUM To: City of Aspen Planning Department From: Michael Doyle !VO Date: October 2, 1989 Re: Responses to Attachments 2, 3 & 4, Conditional Use Application The Owner, Arthur Fischer, is in the process of remodeling his residence on Roaring Fork road. He wishes to include a caretakers apartment, partly for his convenience and security, but also because he is sensitive to the housing crisis in Aspen. The proposed caretakers apartment will include a bedroom, bathroom, living /dining and kitchen (see plans). Parking for the caretakers is accommodated directly adjacent to his or her apartment (see site plan). ARTHUR M. rISCHER October 5, 1989 Aspen Planning and Zoning 130 South Galena Aspen, Colorado 81611 Dear Sirs: 1 hereby authorize Michael Doyle of Hagman Yaw Architects, Ltd. to be my representative for the Conditional Use Review for my residence at 820 Roaring Fork Road. Hagman Yaw Architects offices are at 210 South Galena, Aspen, 925 -2867. Thank you. Sincerely yours, a4'Z4;0'041-' Arthur M. Fischer AMF /ph O 0 LAW OFFICES BROOKE A. PETERSON A PROFESSIONAL CORPORATION 315 EAST HYMAN AVENUE ASPEN, COLORADO 81611 13031 925 -8166 October 3, 1989 City of Aspen Planning Department HAND DELIVERED 130 So. Galena St. Aspen, CO 81611 Re: Arthur Fischer Land Use Application Dear Sirs: Please allow this letter to serve as the certification required pursuant to your Minimum Submission Contents For All Development Application. The undersigned, as an attorney duly licensed to practice law in Colorado, hereby certifies, based upon my review of the records of Pitkin County that the following described parcel situated in the City of Aspen, County of Pitkin, State of Colorado: A tract of land situated in the SE 1/4 of the NE 1/4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, City of Aspen, County of Pitkin, State of Colorado, consisting of the Easterly 7.25 feet of Lot 6, all of Lots 7, 8, 9, 10, 11, 12, 13, 14 and 15, in Block 3 of the Aspen Company Subdivision, more fully described as follows: Beginning at a point whence the East 1/4 corner of said Section 12 bears S 47 °58 E. 1201.16 feet; thence 5.77 feet along the arc of a curve to the right having a radius of 332.28 feet the chord of which bears N 64 0 46 1 10 11 E. 5.77 feet; thence N 65 °16 E. 124.02 feet; thence S 26 1 04 1 27" E. 111.05 feet; thence 39.59 feet along the arc of a curve to the left having a radius of 116.50 feet the chord of which bears S 09 0 44 1 07 11 W. 39.40 feet; thence South 72.24 feet; thence West 160.01 feet; thence North 156.47 feet to the point of beginning, as hereinbefore described, County of Pitkin, State of Colorado City of Aspen Planning Department Page 2 October 3, 1989 is owned in fee simple by Arthur M. Fischer. The property is presently encumbered by a Deed of Trust securing a Promissory Note for the benefit of First State Savings Association, of San Antonio, Texas. The property is held subject to a Declaration of Restriction and Amendment thereto recorded in Book 429 at Page 895, and in Book 501 at Page 743, respectively. In addition, easements have been granted to Gary F. Thomson and Sara F. Thomson (adjacent property owners) and to Holy Cross Electric Association in documents recorded in Book 429 at Page 903 and in Book 433 at Page 337. There are no other mortgages, judgments, liens, easements, contracts and agreements of record affecting the parcel as of the date hereof. As the owner of the parcel, Mr. Fischer has the right to apply for the development of an employee housing unit as the property is presently zoned R -15, pursuant to Section 5 -202 of the Aspen Land Use Regulation, which allow duplexes in the zone district. Please contact me should you be in need of additional information. Yours A WzleFi1 BAP:tu V cc: Michael Doyle, Hagman Saw Architects, Ltd. V °EN kETT ERGN a 3 '�\ - G \ 22 TRACT C � � � Z I ° 19 20 1° ROAO IT RIDGE �0 16 IS 19 O � 21 4P t 24. I P1' 13 12 11 IG 23 22 = WIELOUGH°Y �s� 1 o� 2 IY _ ® 30 PUD i 7A f'l �VIE, s T l \ 4 IA fTl n e = o O m -i � O 10 IG Ix P 0 P A P II • 12 Is _ THIS PR CT 13 Oal/ 14 nat' e \ S PA �,\3 4 2 W o st. 3 H'. OREE'p1E t 4 5 b ,� 6 ^ to � � � to II Iz ..H1i�;�: � W. NORTH ST. `. 1 ATC H HAGMAN YAW ARCHITECT° LTD 210 South Galena Suite ASPEN, COLORADO 81611 (303) 925 -2867 TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. ❑ For your use DESCRIPTION Approved as noted ❑ As requested ❑ Returned for corrections U ❑ ❑ FOR BIDS DUE 19 THESE ARE TRANSMITTED as checked below 2" For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ PRINTS RETURNED AFTER LOAN TO US COPY • Resubmit copies for approval • Submitcopies for distribution ❑ Return corrected prints [LCE44CEG TGF 4GUaZEFTUM JOB NO. ❑ Samples following items: ❑ Specifications SIGNED: /f D nrownzma pia. wn,sm 01471 . If enclosures are not as noted, kindly notify Js at once. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Fisher Conditional Use DATE: December 5, 1989 SUMMARY: The applicant seeks to construct an accessory dwelling unit attached to a single family residence. An accessory dwelling unit is subject to standards as defined in Section 5 -508 of the Land Use Code. Staff recommends approval of the conditional use. APPLICANT: Arthur Fisher, as represented by Michael Doyle, Hagman Yaw Architects LOCATION: 820 Roaring Fork Road, Aspen V46) z I I z 1e M I W APPLICANT'S REQUEST: Conditional use approval for an accessory dwelling unit. REFERRAL COMMENTS: Engineerin - In a November 19, 1989 memo, Chuck Roth of the Engineering Department had the following comments: 1. The submitted map indicates a Wood Duck Lane. City records indicate that this right -of -way was vacated and is no longer public. If this lane is intended for access use by the applicant, easement documentation must be supplied to the Engineering Department. 2. The submitted map appears to indicate that the driveway is not entirely on the applicant's property. If this is the case, easement documentation must be supplied to the Engineering Department. 3. The proposed new driveway indicates a curb cut of thirty -six feet. This does not comply with Section 19 -101 and is not acceptable. The width of driveway curb cuts are not a matter which may receive a variance. An interested party would have to obtain an encroachment license for any use of the public right -of -way not permitted by code. Housing - In a November 20, 1989 memo, Yvonne Blocker had the following comments: 1. An approved and recorded copy of deed restriction for the accessory dwelling unit should be filed with the Housing Authority prior to issuance of any building permits. 2. Owner hereby covenants that the Accessory Dwelling Unit described shall at all times remain a rental unit and shall not be condominiumized. 3. The use and occupancy of the Accessory Dwelling Unit shall henceforth be limited to housing for individual who meet the definition of "Qualified Resident ", which henceforth shall mean by definition, "a person who lives and or works in Pitkin County for a minimum of 30 hours per week and nine months per year." 4. The Owner shall have the right to lease the Accessory Dwelling Unit to a "qualified resident" of his own selection. Such individuals may be an employee of the Owner, or employed as a resident caretaker, provided such a person fulfills the requirement of a qualified resident. 5. written verification of employment of persons proposed to reside in the Accessory Dwelling Unit shall be completed and filed with the Housing Authority prior to occupancy and must be acceptable to the Housing Authority. 6. The Accessory Dwelling Unit is limited to occupancy by no more than two adults and related children. Resident adults must qualify as, and have been found by the Housing Authority to be, residents of the community and residents thereof as referred to above. 7. Lease agreements executed for occupancy of the Accessory Dwelling Unit shall provide for a rental term of not less than six consecutive months. STAFF COMMENTS: Section 7 -304 outlines the criteria for conditional use review for an accessory dwelling unit 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 provision of an accessory dwelling unit is in line with the goals of the community to provide more affordable housing. This proposal is also consistent with the residential zoning of R -15. B. The conditional use is consistent and compatible with the 2 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 land uses are residential. 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 accessory unit is contained within the existing garage of a single family home thus visual impacts will be minimized. Although the additional unit may increase the number of autos, the code does not require parking for deed restricted studio or 1 bedroom dwelling units. The primary residence is providing four parking spaces, one space per bedroom, as required by the code. 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: There are adequate public facilities in place to service this one bedroom apartment. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: There will be no increased employee generation because of this accessory dwelling unit. 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 accessory dwelling unit complies with the standards imposed upon accessory dwelling units pursuant to Section 5 -508. The unit is approximately 600 square feet, is contained within the primary residence and will be deed restricted to the housing guidelines for a resident occupied unit. RECOMMENDATION: Staff recommends approval of this conditional use with the following conditions: 1. Prior to the issuance of the change order to the building permit to allow a kitchen the following shall be accomplished: a. The proposed new driveway indicates a curb cut of thirty -six feet. This does not comply with Section 19 -101 and shall be brought into compliance. b. The submitted map appears to indicate that the new driveway is not entirely on the applicant's property. If this is the case, easement documentation must be supplied to the Engineering Department. C. An approved and recorded copy of deed restriction for the accessory dwelling unit shall be filed with the Housing Authority. d. owner hereby covenants that the Accessory Dwelling Unit described shall at all times remain a rental unit and shall not be condominiumized. e. The Owner shall have the right to lease the Accessory Dwelling Unit to a "Qualified Resident" (pursuant to the Housing Guidelines) of his own selection. Rental or lease is limited to only Qualified Residents. Such individuals may be an employee of the Owner, or employed as a resident caretaker, provided such a person fulfills the requirement of a qualified resident. f. Written verification of employment of persons proposed to reside in the Accessory Dwelling Unit shall be completed and filed with the Housing Authority prior to occupancy and must be acceptable to the Housing Authority. g. The Accessory Dwelling Unit is limited to occupancy by no more than two adults and related children. h. Lease agreements executed for occupancy of the Accessory Dwelling Unit shall provide for a rental term of not less than six consecutive months. 2. The applicant shall join a special improvements district if one is formed. 11 /fisher 4 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE APPROVAL OF THE FISHER CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Resolution No. 89 -X-ZL Whereas, the Aspen Planning and Zoning Commission held a public meeting December 5, 1989; and Whereas, the Fisher Conditional Use review was included on the agenda; and Whereas, the Planning staff recommended approval of the conditional use with conditions; and Whereas, the Planning and Zoning Commission approved the conditional use review with conditions. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission: That it does hereby approve the Conditional Use review and for an accessory dwelling unit in a single family home at 820 Roaring Fork Road, Aspen following conditions: 1. Prior to the issuance of the change order to the building permit to allow a kitchen the following shall be accomplished: a. The proposed new driveway indicates a curb cut of thirty -six feet. This does not comply with Section 19 -101 and shall be brought into compliance. b. The submitted map appears to indicate that the new driveway is not entirely on the applicant's property. If this is the case, easement documentation must be supplied to the Engineering Department. C. An approved and recorded copy of deed restriction for the accessory dwelling unit shall be filed with the Housing Authority. d. Owner hereby covenants that the Accessory Dwelling Unit described shall at all times remain a rental unit and shall not be condominiumized. e. The Owner shall have the right to lease the Accessory Dwelling Unit to a "Qualified Resident" (pursuant to the Housing Guidelines) of his own selection. Rental or lease is limited to only Qualified Residents. Such individuals may be an employee of the owner, or employed as a resident caretaker, provided such a person fulfills the requirement of a qualified resident. f. Written verification of employment of persons proposed to reside in the Accessory Dwelling Unit shall be completed and filed with the Housing Authority prior to occupancy and must be acceptable to the Housing Authority. g. The Accessory Dwelling Unit is limited to occupancy by no more than two adults and related children. h. Lease agreements executed for occupancy of the Accessory' Dwelling Unit shall provide for a rental term of not less than six consecutive months. 2. The applicant shall join a special improvements district if one is formed. APPROVED by the Commission at their regular meeting December 5, 1989. ATTEST ASPEN PLANNING AND ZONING COMMISSION F' A W ,T2 - Carney, De ty City Clerk I ovedQass to from: red Gannett, City Attorney C. Welton Anders L, Chairman roved as to content: Any Ma erum, P nning Director Any MaWerum, on December 5, 1989 the Aspen Planning and Zoning Commission approved the conditional use review of an accessory dwelling unit for the Fisher residence subject to conditions. The property is located at 820 Roaring Fork Road. MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Interim City Engineer (a - K- Date: November 19, 1989 Re: Fischer Conditional Use Having reviewed the above referenced application, the Engineering Department has the following comments: 1. The submitted map indicates a Wood Duck Lane. City records indicate that this right -of -way was vacated and is no longer public. If this lane is intended for access use by the appli- cant, easement documentation must be supplied to the Engineering Department. 2. The submitted map appears to indicate that the driveway is not entirely on the applicant's property. If this is the case, easement documentation must be supplied to the Engineering Department. 3. The proposed driveway does not conform with code require- ments, nor does the existing driveway. The existing driveway is a ten foot wide driveway which loops and which shows two curb cuts. According to Section 19 -101, for an R -15 zone, only one curb cut is allowed. The allowable width is ten feet for a single driveway and eighteen feet for a double driveway. Also, the intended slope of the driveway is not indicated. The maximum permissible slope is 6% for a distance of 20 feet on the appli- cant's property from the edge of the right -of -way. The existing driveway should be brought into compliance. The proposed new driveway indicates a curb cut of thirty -six feet. This does not comply with Section 19 -101 and is not acceptable. Perhaps access through a privately owned Wood Duck Lane will function. In that case, as mentioned above, easement documentation is needed. Driveway curb cut widths are not a matter which may receive a variance. An interested party would have to obtain an encroach- ment license for any use of the public right -of -way not permitted by code. I am not prepared at this time to present a disserta- tion on the origins of the requirements of Section 19 -101, but I do believe that it is typical for communities in this country. 9. The application does not make reference to fire protection and the adequacy of existing water service for this development. The Engineering Department presumes that these issues and tap fees will be addressed at the time of the building permit application. 5. The parking spaces must not be sloped greater than 6% in any direction. cc: Bob Gish, Public Works Director memo-89.110 MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Yvonne Blocker, Housing Authority RE: Fischer Conditional Use DATE: November 20, 1989 SUMMARY: The proposal involves the remodeling of Owner's residence located at Roaring Fork Road to include a caretaker's apartment. The proposed caretaker's apartment will include a bedroom, bathroom, living /dining and kitchen. Parking for the caretaker's will be provided adjacent to the apartment. APPLICANT: Arthur Fischer, represented by Michael Doyle. LOCATION: 820 Roaring Fork Road, Lots 7 -15 and 1/2 of 6, Aspen Company Subdivision ZONING: R -15 APPLICANT'S REQUEST: Conditional Use Review to apply for the development of an employee housing unit. HOUSING COMMENTS: Pursuant to Section 5 -202 of the Aspen City Code, the Applicant is proposing approval for the development of an employee housing unit in the R -15 zone. The existing four bedroom residence is being remodeled into a four bedroom residence with a proposed one bedroom accessory dwelling unit. It has been noted that the existing residence is a non conforming use, as the Far of 7552 exceeds the allowable FAR of an R -15 zone. HOUSING RECOMMENDATION: Staff will recommend approval of the one bedroom accessory dwelling unit contingent upon the following approvals: 1. An approved and recorded copy of deed restriction for the accessory dwelling unit be filed with the Housing Authority prior to issuance of any building permits. 2. Owner hereby covenants that the Accessory Dwelling Unit described shall at all times remain a rental unit and shall not be condominiumized. 01 kN� 3. The use and occupancy of the Accessory Dwelling Unit shall henceforth be limited to housing for individuals who meet the definition of "Qualified Resident ", which henceforth shall mean by definition, " a person who lives and or works in Pitkin County for a minimum of 30 hours per week and nine months per year." 4. The Owner shall have the right to lease the Accessory Dwelling Unit to a "qualified resident" of his own selection. such individuals may be an employee of the Owner, or employed as a resident caretaker, provided such a person fulfills the requirement of a qualified resident. 5. Written verification of employment of persons proposed to reside in the Accessory Dwelling Unit shall be completed and filed with the Housing Authority prior to occupancy and must be acceptable to the Housing Authority. 6. If the Owner does not rent the Accessory Dwelling Unit to a "qualified resident ", the Unit shall be made available for occupancy in accordance with the Housing Authority Guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not be unreasonable delayed or withheld. 7. The Accessory Dwelling Unit shall not be vacant for any unreasonable periods of time. 8. The Accessory Dwelling Unit is limited to occupancy by no more than two adults and related children. Resident adults must qualify as, and have been found by the Housing Authority to be, residents of the community and residents thereof as referred to above. 9. Lease agreements executed for occupancy of the Accessory Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. VA lw.J 4 .1 MEMORANDUM TO: City Engineer Housing Director FROM: Leslie Lamont, Planning office RE: Fischer Conditional Use DATE: November 8, 1989 Attached for your review and comments is an application submitted by Michael Doyle on behalf of his client, Arthur Fischer, requesting conditional use approval for an accessory dwelling unit. Please review this material and return your comments to me no later than November 20, 1989. Thank you.