Loading...
HomeMy WebLinkAboutLand Use Case.CU.420 N Spring St.A72-90Hamilton Cond.Use-Acc.Dwelling (Cottage-Infill) Pz. neso. 9/-a 2737-073-08-001 A72-90 CAS SUMMARY SHEET "Ci of Aspen N DATE RECEIVED: 12 7 90 DATE COMPLETE: k "� PARCEL ID AND CASE NO. 4A73I-0'13-6-",k) A72-90 STAFF MEMBER: KJ PROJECT NAME: Hamilton Conditional Use -Accessory Dwelling Unit Project Address: 420 N. Spring St.,Aspen,Co Legal Address: Lots 1 3-7 Block 4, Oklahoma Flats, Aspen APPLICANT: Ruth Hamilton Applicant Address: P.O. Box 9906, Aspen,CO REPRESENTATIVE: Al Beyer Design Representative Address/Phone: P.O. Box 9665 Aspen, CO 925-8339 PAID: YES NO xAMOUNT: N.C. NO. OF COPIES RECEIVED: 2 TYPE OF APPLICATION: 1 STEP: y/ 2 STEP: _ P&Z Meeting Date 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: (.Do w Do . City Attorney _City Engineer ./ Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Con.S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshal Building Inspector Roaring Fork Energy Center DATE REFERRED: /C�2//•? School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other INITIALS: ------------ FINAL ROUTING: DATE ROUTED: INITIAL: City Atty Housing City Engineer Zoning Other: FILE STATUS AND LOCATION: Env. Health as 2) Project Name rLx ect location ation K rAa NEW I USE APPLIC7MON FORK 6j�� U>-r5 .1 �Aoc. - 4 Oe�ri.�cw V-CX (indicate street address, lot & block rxmtber, legal description where appropriate) 3) S) PrIesent Zoeting > I= 4) Applicant's Name, Address & Phone # fo �1-�� - w : l i Lot Size 6) I2epresent.at.ive I s Name, Address & Pthxie Ik _ (')o Y (l toy AsPz k) c1 ct 7) Type of Application (please check all that applY) : Oond.itional UseN. V b9 Conceptual SPA l_l. T r" CbWeptual historic Dev- Spocial i?�riew Final SPA Final historic Dev. 8040 Greenline Cbrx:eptual PM Minor historic Dev- Stamm Margin Final POD Iistoric Demolition Mountain View Plane Subdivision historic Designation dondominiumization' Th�-* Amendment GNQS Allotment lot, Spli•%aot I&Ie- CZ42S on. Adjustment 8) Description of Existing approximate sq- ft- ; Uses -(number and type of existing stvacbIL es: ramber of bedcvcans; any pxlavxous approvals granted to the ply) - 9) AV 1a2f-,cript i.on of Development Application [511e-A, l(\-u NWIW�� ATUL Nrz� 6v, -"E 10) [rive you attached t k i e fo]lovincr? t� Ir--qxxise to Att:admkcnit 2, Minimnn SuUnission Convents _L-/ Ibt--- txxi--e to Attaciunant 3, 4x3c:ific aAxais;ion Qxitents (,--I� IZcsporI,e to At t:adunent 4, Rt v- ew Standards for Your Application L� ATTACH14ENT 2 a Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A written demotion of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards relevant to the Development Application. W49A Ike �Vbf--Z1 t5 oreffe mur" need 4 em� ro� � anol w � 11 r plegcar h�cv"S� add t� c� ,tea attach2.applications CR � 3VA NN TA %-Zt�� - Ae erV�A 'lj ATTACI94ENT 3 Specific Submission Contents: Development Application for Conditional Use The Development Application for a cond-.-ional use shall include the following. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application; and H, If the application involves development of a new structure c-• expansion or exterior remodeling of an existing structure, proposed elevations of the struc- ture. M 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 AWC ►GILD Mf t RXAS WC, ....I i1S IS tT L 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; andg,sc&r, 4 MAg Z Vlt�fa121,g�19 �u�E �A. S" h%" 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, service delivery noise, vibrations and odor on surrounding properties; and D. There a5e� daq%ate 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 p, ' kA"y, ter' St-nW 04AC Sf F-VI eZ W z L,wwStNI-n 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. It% to A6fW / 4M (PLA4 4 ..CMS A (A-r O?TIMI`� • iulEN 1F W� !V A CoM�I dVC PL*V tq'Z T4% 17jwN wF, axU PiT GIB' att4.conditiona use f_X_(. lb A6r269 Cr� I" W 1- (S . vi Pow: 'CAS rAf A4C9W Tl P J�-� GQ- WP-fir L *UW6 S wiC ID ;% M p ft M Novernber IN, 1990 To whom itmay concern: Al Beyer is authorized to act on behalf of Ruth B. Hamilton and Paul k. Hamilton as a representative in our absence. The applicant's names are Ruth and Skip Iamilton Box 9906 420 Spring St. Aspen, CO 81612 303-925- 6071 The representative is: Al Beyc.'r Box 9665 Aspen, CO 81612 303-925- 8739 Thank you for your immediate attention to this platter. Sincerel Ruth 3. Ham It fn %VftT'Y DEED THIS DEED, made this /q1 day of January 19 90 belween Neligh C. Coates, Jr. of the D�County of Pitkin . State of Colorado, grarrtorls) and WZO Paul K. Hamilton, as to an undivided 20% interest A#U and Ruth B. Hamilton, as to an undivided 80%, as Ef) Z tenants in common � 0 W whose legal address is O 44 0I Post Office Box 9906, Aspen, Colorado O 81611 H � W PpooK c> < co CD .y — rw m Lo m rls� U W E-4 -of the County of Pitkin . State of Colorado, grantee(s): x0) WQ -- wITNESSE-m, That the granior(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration T 7 ' the receipt and sufficiency of wwhich is hereby acknowledged, ha s granted, bargained. sold and conveyed, and by these presents duC S grant. `Q-bargain, sell• conv'e\, and confirm• unto the grantee(%)• their heirs and a�slgns forever, all the real property, together with improvements, 0 �Aif any, situate. lying and being in the -- Counl} of Pitkin State of, Colorado, W O ��described as follows: pa, See Exhibit "A" attached hereto and made a part hereof. Ir~ E4 W V1 O H fx •1— W �a q � t a . JAN I .l look c) J afse+Sri<iw-,t�s-etrrrt�,t+d-rwHthc�� �. • i TOGETHER with all and singular the hereditaments and appurtenances lhetew helonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders• rents. issues and profits thereof, and all the est ic, nght, title, interest, claim and demand whatsoever of the grantor(s), either in law or eyuily', of. in and to the above bargained premises. \vith the heredrtanicnts and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grarnee(s), their heirs and assigns forever. And the grantor(s), for him sel f , his heirs and personal representatives. do es covenant, grant• bargain, and agree to and with the grantee(s). the iTheirs and assigns• that at the time of the ensealing and deliver of these presents• he is well seized of the premises above conve\ed, ha S good, sore, perfect. absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right. full power and aulhortt\to grant• bargain• sell and cone\' the same in manner and form its aforesaid. and that the same are free and clear from all former and other grans, bargains. sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature %never, except for and subject to the Exceptions to Title listed on Exhibit "B" attached i hereto. o tz U Thegrantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained remises in the quiet and peaceable possession of the CD rantee(s), their his heirs and assigns. against all and every person or persons lawful) claiming the whole or any part thereof. w IN WITNESS WHEREOF, the grantors) ha s executed this deed on the date set forth above. tJ- V) z � / o --5'e_lTgh C. Coates, Jr. w w 'u • J 'KA STATE OF COLORADU ,s y • EXHIBIT "Ail LEGAL DESCRIPTION BOOK 612 FAUL-159 LOTS 1, 3, 4, 5, 6 and 7, BLOCK 4 IN OKLAHOMA FLATS, PITKIN COUNTY, COLORADO, being more fully described as follows: Beginning at the Northeasterly corner of said Lot 1 whence corner 23, Tract A, Aspen Townsite Addition bears South 76`53108" East 462.16 feet; Thence North 15*30' East 44.81 feet; Thence South 89"54' East 176.33 feet; Thence South 15*30' West 156.44 feet; Thence South 77*30' West 60.04 feet; Thence North 74*30' West 176.99 feet; Thence North 15*30' East 93.0 feet; Thence South 74*30' East 60.00 feet to the Point of Beginning. The above Tract is subject to an Encroachment Easement described in Book 340 at Page 298, Pitkin County Records. COUNTY OF PITKIN, STATE OF COLORADO ft EXHIBIT "B" EXCEPTIONS TO TITLE so B009 012 UJA60 1. The lien for 1990 property taxes, due and payable in 1991. 2. Reservations and exceptions as contained in United States Patent recorded December 14, 1900 in Book 39 at Page 136. 3. Any loss or damage resulting from any inaccurancies as depicted in the Map of the Lux Placer and Oklahoma Flats Additions recorded in Plat Book 2 at Page 0. 4. Mineral reservations as termed thereof in the Deed recorded March 15, 1901 in Book 142 at Page 347. 5. Conditions, restrictions, reservations, provisions and obligations as set forth in Easement for Encroachment recorded December 12, 1977 in Book 340 at Page 298. z z aN� PROJECT: soCITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY APPLICANT'S REPRESENTATIVE:q L Q REPRESENTATIVE'S PHONE: OWNER'S NAME:�a SUMMARY n 1. Type of Application: coa • 2. Describe action/type of development being requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. Review is: (P&Z On ) (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) (NO) 6. Number of copies of the application to be submitted: n Z_ 7. What fee was applicant requested to submit: 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: rrm.pre_app V )ram r1E.vT 1,1_)77� I' made this % do y, of rarr.�y { T SAILr0OATS, 1"C , a Kansas corpora- .t , roil ;..1 i rt i i l• ".Midwest," and G. DRUMMOND MANSFIELD i !:Lr), �,f Aspen, Cc�lc,rado, hereinafter called .;.insfirId , { 1•: I T N E S S E T H: :411I:RJ:,, MiAwost is the owner in fee simple of that (:­rt.iin real prvper.t.y situate within the County of hitkin, state_ of Colorad ale.=cribed as follows: Lot .l, in Block 4 in Oklahoma Flats, based upon the field Survey of. Monuments depicting tho boundary of Lots 2, 3 and 4 of Block 2, Oklahoma Flats; E. I. Shaws' Plat of the , Lux Placer, dated Au(lust 1946, on file in the Office of the Pitkin County Clerk and Recorder, the U.S. Patent and Field Notes for the Lux Placer, Mineral Survey No. 6786, and the 1956 Teller Survey of Tract A, Aspen Townsite Addition; I1111'.RrAS, Mansfields are the owners in fee simple of the following described real property situate in the County of Pitkin, State of Colorado, being and lying adjacent to the J;r­rty last above described, more fully described as follows: Lot 2, in Block 4, Oklahoma Flats, based upon the Surveys and Field Notes referred to in the paragraph last preceding; and, WHEREAS, based upon representations made to the Mansfields by their predecessor in title to the said Lot 2, with respect to the location of their property 1 and the improve- I ments thereon, they purchased the same from that said predecessor) in Mood faith, but have subsequently found that a portion of their improvements, being a substantial part of the two-story wood frame house situate principally on the said Lot 2, and the i fence and landscaping surrounding the same, in fact, encroaches upon the northerly portion of Lot 1, as owned by Midwest; and, I by this, Agrnr,ment desire to oiccomri,,dati.rin for t.!i(, existence of said encroachment by virtnc (if a crc,iti-.gin a p(-rmaneqt easement for the benefit thc -fields Of Mans to ont-roov-.1i upon a portion of the said Lot 1, with said fence improvements and landscapinq, all upon the terms and cond.itions as hereinafter contained. NOW, THER)=POrE', it is agreed between the parties as fo I I ows: 1. Midwest agrees that Mansfields may, without further agreement on its part permanently use and enjoy to the exclusion of all. others, including Midwest, the following portion of the'said Lot I., owned by it and described as follows: Description of Overlap Pr2perty A tract of land situated in the SW 1/4 of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, and being part of Lot 1, Block 4, Oklahoma Flats. Said tract being more fully described as follows: Beciinning at the Northeasterly corner of said Lot I whence Corner 23, Tract A, Aspen Townsite Addition bears S 76'53'08" E 462.16 feet; thence S 15030'00" W 19.86 feet along the Easterly boundary line of said Lot 1; thence N 74030'00" W 60.00 feet to the point of intersection with the Westerly boundary line of said Lot 1; thence N 15030'00" E 19.86 feet along said Westerly boundary line to the Northwesterly corner of said Lot 1; thence S 74030100" E 60.00 feet along the Northerly boundary line of said Lot 1 to the point of beginning containing 1192 square feet more or less, the said grant being a permanent easement for the benefit of and running with the said Lot 2, property of the Mansfields. 2. That in consideration of the grant herein made a. the Mansfields have paid the total sum of FOUR THOUSAND DOLLARS ($4,000.00) to Midwest, which said sum Midwest hereby acknow- ledges receipt of. - M"M 7 Ind r and erms iTro t eas(,woni :i,.,Toi it !i%iii: 1:;r, and color f T, IN o I ;rcf, ie' indrm-ni.',,,- and !1 Id harml�sr fr-.-m an.. antl -!11 liabil includir.q fc.t,, for cv('I)t!, -Ind ­ccurrenc(­,. PWS without limitation on the prop­rty comprisinc., !,-;(, eal.oment, occurring, at any 111er, thcir <,ccupan­.- Ll­ i*c,,I a:..d con- tinuing at all ti.M5, C71.lrin'l Lhv 11c.rms herf—f. 6. The M..inc;fields „,roe t(.) oht:aI "r p in full force and effect at all times eit),.,I and su `' Iii ci...­ liability ,on insurance with limits of $100,000.'$300,000, nar;­,,; ",idwest as a loss payee as its interests may appear as the le.gTal holder to the property which is the subject of this c.lsomonL. The failure of Mansfields to so do shall constitute i dof.iult ly hereunder; and if, after thirty (30) days noti,-c of such ly. default the Mansfields shall have failed to cure the default, Midwest may, at its option, terminate the easement herein granted by recording an affidavit to such effect in the real property records of Pitkin County, Colorado. 7. The Mansfields agree that for purposes of RS additional development on or redevelopment of the property owned by them that the easement herein granted shall not be used for their benefit in calculating square footage/density ratio under the Official Code of the City of Aspen as now in effect or hereafter amended. 8. This grant shall inure and be binding upon the parties hereto, their respective heirs, personal representa- tives, successors, grantors and assigns. -3- IL r ':1ESS WHEREOF, the parties hereto have executed t! e day anti year first above Writt en. .'a MIDWEST SAILBOATS, INC. By7�?/_.f� I'ze'sident G. Drummond Mansf field 1 C " � Mar Y nsfield B . f Ma ,��.�� � i•./ i STATI: Or COLORADO � COUNTY Or P ) ss: ITK1�; ) � r>c t!Z t.h befor i'-M foregoing instrument was acknowledged e 1 ^ ,8_ d,�y OE December ar fr`.'sfcicnt end fctl,n f�tllcut`' 1977, by Neligh C. Coates I C. , z + Fnn ,rts as Secretary of MIDWEST SAILBOATS, l,f,r�Cz n;_.._..__._____,--`corporation, for and as the act i of that my hand and official. seal. MY expires: July 25, 1981. otary Public I STATE Or COLORADO ) ' OF PITKrN � ;s: i thf a f l' h f �)rvcjoi.ng nstrument was acknowledged before me Ind `s�J�'� j{. �1,1ySI ���.�. � • 1977, by G. DRUMMOND MANS FIELD t`'ir•":rSS my hand and official seal;. "ty commission expires: �., /t�• l^ Notary ub is i s.. +0 N RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE CONDITIONAL USE APPROVAL FOR THE HAMILTON ACCESSORY DWELLING UNIT LOCATED ABOVE ThE DETACHED GARAGE AT 420 N. SPRING Resolution No. 9/- WHEREAS, Skip and Ruth Hamilton submitted an application for a Conditional Use to allow 490 s.f. Accessory Dwelling Unit to be voluntarily developed above the detached garage at their residence at 420 N. Spring (Lots 1 and 3-7, Block 4, Oklahoma Flats); and WHEREAS, the Planning Office and the Housing Authority had reviewed the application and recommended approval with conditions; and WHEREAS, The Planning and Zoning Commission met on January 22, 1991 and having considered staff's recommendation, approved with one condition the application pursuant to Section 5-508 of the Aspen Land Use Code, and pursuant to amendments to this section adopted with Ordinance 60 (Series 1990), known as the Cottage In -Fill Ordinance. NOW, THEREFORE BE IT RESOLVED by the Commission with a 6-0 vote: That the Conditional Use for the Hamilton Accessory Dwelling Unit (490 s.f.) is approved above the detached garage with the following condition: 1. Prior to issuance of any building permits for conversion of the accessory dwelling unit, the applicant shall provide a deed restriction to the Housing Authority for approval. The restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office. APPROVED by the Commission at its regular meeting on January 22, 1991. Attest: Planning and Zoning Commission: Jan Carney, Deputy City Clerk Welton Anderson, Chairman \J \ C-(,-- -Gti�t o4 w jtkvj/Hamilton.reso 01�`©4i91 13:.:1 H F u 777, AUTH. -07 -20 5`580 0 P. 02 doAttachment "B" MEMOi2ANDUM TO: xim Johnson, Planning Office FROM: Yvonno blocker, Housing DATE: January 2, 1991 RE: Haniltork Conditional Use Review tM v —en Vlp9J'�"e": �Q�ti: Yzi LYtl iisos—am��A11ROi�a SUMMARY: ,Applicant requests conditional -Qse approval for the conversion off an existing attic ape -le abuva a garage to an accessory dwall:ng snit, as per Section -301 and 5.-•508. APPLICANT: Skip and Ruthis }iamiltoz� APPLICANT'S REPRESENTATIVE,. Al Beyer LOCATION: 4.20 N. Sp lrir- Street, Aspen, (:uloradio, Lots 1, and 3-7, BLock 4, Oklahoma Flats LOT SIZE: 3 1, 074 c;q. Pt. ZONING: R-30 REQUEST: Applicant: requests approval to create an accessory dwelling unit above: a garage by the add.l c-Aon of a bath and kitchen to an existing e.ttic space. Accessory Dwelling Units are an allowed.^or..ditional use which meet the provisions of the a.,nended Section 5-508 which require that the accessory dwelling ,.snit shall not ,nee t: t:.,.e -minimum lot are per dwelling unit: requirements lour, shall be subject, to all other dimensional r,taq"iremonts of the underlylLng zone district. An accessory dwelli,-ig unit shall- mean a separate dwelling unit that is located within ar attached to a principal residence, having a entrance separate from the primary residanc°e. �rhe unit is to have a entrance separate from the primary residence c , a unit that is detached fr,Dm a principal resLiencd shall be sit:zate on the same parcel. The unit: is to contain not less than 300 eq. ft. and not more than 000 eq. ft, of allcwab'e floor area. The accessory dwelling un.t.t shall be deed reztr{r.tt.a to Resident Occupancy and shall not ba, a eaparate unit for density or sale purposes. A detached ai-cessory dw®lling unit shall only b� permitted on parcels that: have secondary and or alley ac,,,ess, excepting parcels with existing structures t:c be converted or detached accessory dwelling unit, ele,tawhe:l garages or carports where an accessory dwelling un:.* is proposed above; attached to, or contained within 01, 09 ,91 IS: L H F HODS I rIG AUTF, P.01 such detach -ad garege or carport. Detached aoCeesory dwelling units are prohibited within the R-15B zone district. STAFF RECO!41S,ENDATI0N, Staff recornmands approval for the conversion of an existing attic to an accessory dwelling unit by the addition of a kitchan and rathroon located on the property at 420 N. Spring street; based on the fol.l,r;wing conditions: 1. Appliceint twill provide act.val pl.rt s prior to the issuance of any Lu.ilding parmits for the verification that the proposed accessary dwitll ng un-it mots the requirement of being not less than :t00 net l t-glable squaxa feet and noc ,rore than 700 sq. ft. 2. Applic.�nt :ia ragtzitad to meet definition of act:essory dwelling unit as per City Code. 3. Prior to issuance of any `o.ailding pp$rmits fol: conversion of accessory, dwelling Anit appl.:ica-aw shall provide a deed restriction to Hot.,sing :Eor appscval to state that the accessory dwelling unit shall, meet the Yiousing guidelines for: such units, meet the definition of Resident !occupied 'Ur;it, &nd be rented for periods of six months or longer. Upon +Appr:Dva:i, of deed restriction by Housing, Applicant aha ll record : ne aad restriction with the Pitkin Counl:y Clark And Recorders otfics. 1 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Hamilton Conditional Use Review for Detached Accessory Dwelling Unit DATE: January 11, 1991 SUMMARY: The Planning Office recommends approval of this conditional use. This is the first detached accessory dwelling unit to be processed under the newly adopted "Cottage In -Fill Amendment", Ordinance 60 Series 1990. APPLICANT: Skip and Ruth Hamilton, represented by Al Beyer LOCATION: 420 N. Spring (Lots 1 and 3-7, Block 4, Oklahoma Flats) The parcel size is 31,074 s.f. ZONING: R-30 APPLICANT'S REQUEST: The applicant seeks Conditional Use approval for an accessory dwelling unit detached from the primary residence (above a garage). PROPOSAL: The proposal calls for remodeling an attic over an existing garage to create an apartment of approximately 490 square feet. Please see Attachment "A" for site plan, floor plan and elevation sketches. REFERRAL COMMENTS: The Housing Authority recommends approval of this unit with the condition that prior to the issuance of any building permits, the unit must be deed restricted as a resident occupied unit with minimum lease periods of 6 months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the restriction with the Pitkin County Clerk and Recorder's Office. (Attachment "B") STAFF COMMENTS: Ordinance 60, approved in October 1990, provides for Conditional Use review of accessory dwelling units detached from the primary residences. This is the first application to be considered under these revised land use code provisions. Attached for your convenience is a copy of Ordinance 60. Please keep it with your land use code for future reference. Accessory Dwelling Units (Detached) Section 5-508 of the Land Use Code (along with amendments from Ordinance 60) describes the required standards for accessory, dwelling units. Thp-,_.s _e of he_:proposed•. u t _(4,9.Q-s, f_. )_.omits within the 300-700 squarer foot,, rang0i,. asc`the�;-0bzle c,requires.FociAs �:•%rk_'. •^ �i before, the unit must be deed restricted to resident occupancy with minimum leases of 6 months or longer. Parking is not required for studio or one -bedroom units. Section 508 A.3. allows detached units to be placed above garages or carports. Review standards for detached units are found in Section 5-508 B: 1. The proposed development is compatible and subordinate in character_ with the primary residence located on the parcel and with development located -within the neighborhood. response: The garage and residence were recently constructed and are compatible with each other. The conversion of the attic area in the garage to a dwelling unit will not change the appearance of the structure. 2. Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with the dimensional requirements. response: The existing garage structure complies with the required setbacks of the R-30 zone district. No variances are requested. 3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing non -conforming structures, being converted to a detached accessory dwelling unit, from Section 5-508 B.2.(a-g) provided that the non- conformity is not increased. response: This standard does not apply. 4. Conditional Use Review shall be granted pursuant to Section 7-304 Standards applicable to all conditional uses. response: See the following information. Conditional Use Review Standards: A. 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 neighborhood is comprised of single family homes on fairly large lots. This garage apartment use enhances the Hamilton's use of their property by allowing a resident caretaker. B. 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; and response: As the unit will be built into an existing garage, no further visual impacts will occur. Four parking spaces are provided on site. The primary residence is a three bedroom home. A studio or one bedroom accessory dwelling unit does not carry a mandatory parking requirement. C. 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 response: All public services and utilities are provided for the Hamilton residence and the others in the vicinity. D. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and response: This is a unit voluntarily provided to help add affordable housing into the community. As the unit is 100% above grade, the primary residence is eligible for a floor area bonus. 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: As a deed restricted unit, this will comply with requirements of the Aspen Area Comp. Plan and other requirements of the Land Use Code. STAFF RECOMMENDATION: The Planning Office recommends approval of the Hamilton Conditional Use for a 490 s.f. accessory dwelling unit to be located above the detached garage with the following conditions: 1. Prior to issuance of any building permits for conversion of the accessory dwelling unit, the applicant shall provide a deed restriction to the Housing Authority for approval. The restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office. jtkvj/hamilton.memo S 1Nn��nW � vi v I H 9 ail 'F Lam- i o d\� Attachment "A" / Q N� r _ U. +, 1• I-J L .-c�.y ��•fe L l: W 11 C Or 0— eA�V'f - CC 0 f. Ii L 9 1 to ,�•jib �I� 11 r, l } ::y? M*.' .. � ,-.., � .�.?.4lF�DY• I ,....ti^Y r' Y I Vf' • r�•' 2?J' SPQW���i 'ib SPt'•�1G �'J � r f ���P�G11�j[•a. y A5�d`; _ 2-o I-tv SHF� li . _ NdTE = "THIS fA x* - 6 Q4L.E FAY-)Dr-rAi L- f -lo I P` H J-4(_ ALSo � i Attachment "B" 0 MEMORANDUM TO: Kim Johnson, Planning Office FROM: Yvonne Blocker, Housing DATE: January 2, 1991 RE: Hamilton Conditional Use Review !C lfLfSC �':K�OC �:3CG��=�=� �—`-•-�=clr �c=aWrruw;ann.ww.�tatxnAgcoaC��=�t3i�mar 0�orrrrw�o��ss SUMMARY: Applicant requests conditional use approval for the conversion off an existing attic space above a garage to an accessory dwelling unit as per section 7-301 and 5-508. APPLICANT: Skip and Ruthie Hamilton APPLICANT'S REPRESENTATIVE: Al Beyer LOCATION: 420 N. spring Street, Aspen, Colorado, Lots 1, and 3-7, Block 4, Oklahoma Flats LOT SIZE: 3.1, 074 sq. ft. ZONING: R­30 REQUEST: Applicant requests approval, to create an accessory dwelling Unit above a garage by the addition of a. bath and kitchen to an existing attic spzsce. Accessory Dwelling Units are an allowed conditional use which meet the provisions of the amended section 5-50€3 which require that the accessory dwelling unit shall riot meet the minimum lot are per dwelling unit requirements but, shall be subject to all other dimensional requirements of the underlying zone district. An accessory dwe' ling unit shall. mean a eeparate dwelling unit that is located within or attached to a principal residence, having a entrance separate from the primary residence. :'he unit is to have a entrance separate fron the primary residence or a unit that is detached fror., a principal residence shfill be situate on the same parcel. The -uni.t is to contain not less than 300 Eq. ft. and not more than 700 sq. i't, of allowable floor area. The accessory dwellina unit shall bo deed restricted to Resident. Occupancy and shall not ba. a. separate unit for density or Bale purposes. A detached accessc.ry r.'weilling unit shall only b: permitted on parcels that. tjave secondary and or alley access, excepting parcels with existing structures t:c be converted or detached accessory dwelling unit, detached garages or carports where an accessory awe] iinq ur,:.` iC p:.��a�Gs�= rbe�'E�t attacked to, or contained within 01/09/91 18. lG HODS 1 NG HUTH. ^C' y�lJ `SSLi C� P. 01 such detach,a the port. Detached district accessory dwelling units are prohibitedgarage within STAFF RECO!4KENDATION: staff recommends approval for the conversion of an axisting attic to an accessory dwelling unit by the addition of a kitchen and bathroom located on the property at 420 N. Spring Street based on the following conditions: 1. Applicant will provide actual plans prior to the issuance of any buildilg permits for the verification that the proposed accessory dwelling unit meats this rpqul--enent of being not less than 300 net Livable square feet and not- more than 700 sq. ft. 2. Applicant is required to meet definition of accessory dwelling unit as per City Code. 3. Prior to issuance of any building permits for conversion of accessory dwelling -unit applicant shall provide a deed restriction to Housing for 4pproval to state that the accessory dwelling unit shall meet the housing. guidelines for such units, meet the definition of Resident occupied Unit, and be rented for periods of six months or longer. Upon approval of daed restriction by Housing, Applicant shall record the dead restriction with the Pitkin Counl:y Clerk And Recorders office. NOTICE TO ADJACENT PROPERTY OWNERS RE: HAMILTON CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 22, 1991 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 Ruth Hamilton requesting Conditional Use Review approval for a 375 sq. ft. accessory dwelling unit to be constructed over an existing garage located at 420 North Spring Street, Lots 1, 3-7, Block 4, Oklahoma Flats Subdivision, Aspen, CO. 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 40 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 December 13, 1990 Al Beyer Al Beyer Design P. O. Box 9665 Aspen, CO 81612 Re: Hamilton Conditional Use Review Dear Al, 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 at a public hearing by Aspen Planning and Zoning Commission on Tuesday, January 22, 1991 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 the application is available at the Planning Office. Please note that it is your responsibility to post the subject property with a sign for the public hearing and to mail notice to property owners within 300' of the subject property. If you have any questions, please call Kim Johnson, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant %� // 3/ i o �9$- PROJECT: aCITY OF ASPEN 0 PRE -APPLICATION CONFERENCE SUMMARY APPLICANT'S REPRESENTATIVE: L U ✓ REPRESENTATIVE'S PHONE: 1 - g 33 �I OWNER'S NAME: Sg� SUMMARY 1. Type of Application: cua . U t_o�� b, u 2. Describe action/type of development being requested: tc, -n,V . 0-reA 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. Review is: (P&Z On ) (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) (NO) 6. Number of copies of the application to be submitted: Z_ 7. What fee was applicant requested to submit: 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: frm.pre_app w. , Z Q�rnn- V' '0 �,- o� J Di 1 VIEW � Na.�� �P-dM Ndi?:' THE. ADPr� L,4IM: Nc> pa-_PgCrIV�_ ACCc-1�1 AKL,E \ - 31, 047 5!;2. FT. ? exon \ I\ 140 LOT I su RVEYCb 110 rrr.rr T­L. F^'�FMEHT - /arc• j oo.o' _ 90� Tt , ° to4 T LOT 1 ° LOT 3 LOT et L 5'b I LO-T C. \ �LOT 7 D o a ° ��� f' �C') f 1 Z Kb� Co-- 0 1 . Y% Timor go UP �u„I` TREE , 1 �17GA I' N 74' -bO ' a 0 oM&,17� J ELE�1ATI0rj AC6UMErJ' M.O FEET. TABLE. OF T&E,F.S Qi 1 - 15" rD, rboT10M OF HOLE 1 - 24" 0. Qf I-I2"0. U I-1. 0. I-10"Y7.,2-G" 0 (� I-10" I'J. 0 1 24"0_ 1-G" 0, 0 I-24", I-2,0" h. 2--,n" r7. Q I-8,, rJ. I-ZA 0. 1-!0" h. 1-15" r7. u 1-6"0.. ,1-G"r7. 2-12'. o. ro I-!o" r7. I- 15" r7. H 1-24" 17. I-15" ram. I--ng° 0 , I-12"t7. 1-6"o. 1- 24' o. wn I - e" 0. 2-5" 0. 0. QQ 2 8" 0. () I-L"r7. ram., b-24"r7. I-O" rD. �" rD. 1---o" r?, 1-8" p. ® 2 . yam„ r7. I-6" f7. p 1-20" 0. 1-14" h. ® 1-20" 0. C,� I-24" 0. I-C11f7.,1-121,0. -to" 0. ® 2-6" r;,. ® 1- 20" 0. , 1-16" 0. , 1-12" r�). p 1-24" t7. Q 2-18" r2. ® I-24" 0. 4*_ > ® 2.20" 0. (R 2 -18" 0. ® I-T' 0. Q 1-161, 0. I-12"YJ., 1-10"r7., 18"t7 ® Imo` 0. © 1-I95• 17. 1-v, r.?., 1-ivo. 24"Y7., I-IO•Y7. 17 r rbOTTOM OF A HOLE) -*^LL TREFS AKE 607TONNCOOS x� �u L. Q_o-Tnf_-. lF Y,,u I.IL- AN TRH � wF✓ Nw� w4a, F+P_evjoa) oIZ: io 0 10 20 90 (.0 50 ICO FT. SC�ALI=' I" 2.D P)AS15 OF bE^F-It-IG : FRONT A FOUr-I rD MOM MEN T AT THE ANGLE I-OI NT Or - I TI-I E. Nor-T H L I r- i E. OF LOT I-) , r5LOOK °b' , OKLAHOM^ FLATS, TO A FOur-it7 1 10HUME.NT AT THE. S.E. COF_NEtz OF LOT 7, EJL.CZK 4, 0KLAti01''I^ FLAZ S. S UKVEYO K2 5 CE KT I F I CAT E: I Hf_F Ib`f CF-KTIF`( Tt-lAT THIS MAP /ACCUF^_rEL-f tOEM(' TS A f)UKVE`f MADE UNrI IFK MY SUPEKVISION ON IDECE-MbE1K 1, Ilb9 OF f7NF-T OF E)LOGK 4, OKLI.HOMA FLATS, 1-iTKlN COUNT-r , C0L0K^r_)O. ALPINE. SU K.VE.YS I t3Y 0ELEMt EY- (I , 11£�j L.S /� C/ IiilF�tl. �l�, Iii-�I ��DJ ✓� ���iS� NOTE: UATUM t'LANE /\SSUf-1E_0, IQD.O FffEZ AT bF_NCPIMAP K_ AS 5HOWN. [� �I��Mg �4-I cov7sl-4a-j-Ivy n 2"Lo�I2 HvUs>: I'J A 2 51T fi PLAN F vu CwS;F_ � �. A_� �� , t A-9- 2a"�t -4 PcTtIG'' 352 * s` wNy &TR -w/A c OF FcF.T) �.�. F . C= T���-- N�T�b�e�) `f'T L 4133 A -L/o NOUN ° , Ac - " I P,%A L2IW_i `fix-'(Iot�JS 3,4, 5, Co P�oR- �. PWucr " �-� 3�33 �'fT Tom�..a a moo cwen>o� r Ire ZO N I NU = iZ' L07 si z.E : 51, �-1 SA . Ffi I A-0 I�7"A I l-s Mkt L A s�, + (o x I c��1 - 3 x�. r-T. A-1 Pe;;N Ls � AI 4, ) - � � -► I LIB I N u "HcA`£) � `1'-C� t �'' sR �-IOTA-Co (25'-0 Au�11_ �) A- I U + i€�z11 � 1 oETAIL-5 AAA ( >�xllu�INla HI�N f��(v�as�) 23' o+ �" ���+�rA ��'-d ��) a- I I KrTc�-1.N tus A- 12 WH 2,7p1L5 Z L�� IbN �� � NbTf,- AN`� L�-X OF THE T" 1�MT r" � IN THE QX4M � -�- I T° �!- 13 /STnARn�DETAILS �,~ rc«W7rIou9E O A'- 14 GA9,1 f- f1Q3[L PI,AI�J - t 01O 6 ►ter To s�aL� �. 6ty��' t�sI6N I?�.Ir Is � M�rJT � IMi�� T1�T �, p£y� Is � �laKT i � MAIN st1o7 �� APcHIT�r• ( rr 3w-i TAi4€S -po � -P w14tm" ��IpF�JI•If�.. 1�51&QF42- wtt) CO wRf- A- 15 ��I✓ Fes.-r-YATI ONS r-y T�'N GEsI�Iv `3-1 TI+IZI 3T9C1GT 94AL- OPAW I N66 +� a R TO rtJvJ r�1_ 101A Arr4 HARE ! A 1.- Cam.. I_ C.. ....d r-ici i 19a 0... ru- r%1v11 Vu Jul YATrJ, 111V. Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 Drafted rJEc. II , i7ai 1=.rc. PART OF I5LOGK 4, OK.LAHOMA F LAT5 vw env -Client HAM I LION AL BEYER DESIGN POST OFFICE BOX 9665 ASPEN, COLORADO 81612 303-925-8339 eas, x,angeme,,71 �ese d2v� � qc and _P d copyr[�, jsed O { ` A RESIDENCE FOR 1 RUTHIE & SKIP HAMILTON LOTS 1, 3-7 BLOCK 4 OKLAHOMA FLATS SUBDIVISION ASPEN, COLORADO 81611 0E-, THEI�IAL :�TI'T AI�r�►-�5:� � 42L� [\a7H REVISIONS PROJECT NO. DRAWN BY: _ir-j' /fig CHECKED BY: AFj ISSUE DATE:I(p AFPL- 11150 SHEET TITLE: _w�P- SHE, z5(.IPi✓), 111 6� 1 -0 22�• (N ,� �•'-ram - Np TaISIA$ b rOAI" - t uvtlur(srNk Q-, — - - TO rlit✓f— i Tgo,SLA6 2 -la I L-) - --r! i 601, 'jjI Ifl�i I i�I ail c M lZ Y:E'.';,, y01A St. PUIU?, Tins t�� 1A � �. ei-�l_ - r r T MAwn��� A C+T ApaKrMT/b�� i1- Al'�v IT ISI. f, � s -- — I - r_9 — — o, C,Rfw6u - - �: -� - -- e� G ® ZZL] - -- s_A5_ -�C,GRpVI, ,Z &JILtW j2,0, sH6i' To., 69MML OIL) 4005 SALN4 1,-!O RTyP _� I SoMf_D4q THIS WIW_ ?N OFfOAL 4 aj THE I-514?10 Act 511 I wcu_ING "EntpcO-1gic S11R f, NNINU AFPI2. L- - LVQFbi fU►,1 V e OF-W -P 5P_61t i CAN TIoIN ASAP Ir P f�OVZ t)J Wlu.1C14,NN AJ / Ar1Tl� WILL- SeT Lt IT WHOA VJF_ e�i`T TNPN� � I I1= ► fnfr sU� r�� ? ( JU-T Tv-riG� NO%'• THIS 'P40mlb - �, ALSO Fo• 2u[o :�•ur� wal- Ea. _ 1�-Q�h- (��-•ICI sPF-iN4 fir_ p,5e21t�G p v I 51h�� n — _ —Ir-_ S+buuo c3E j ��I IvN _ O ( ', l.E► K�TIi SEr,06PQ NOT To ScAi --- tr OOT rot=Pz-rAII_s J�- FI. 4N - - � LA`�H►NG INS�iLT �I M�ONP 1 N T f LAN CHWL _; l? - °y`E_.? w16 HAVI: ?'-a HT MIb, PT. of= AOF If l AT L�FAsT I/ZJr' FATH II 9 C?(�ING P'r of fz+4FT�° Q t, ' - =-�.I- +f (T41!5 Sub j�- , N` 1 49. C C A)ZAGE I�4xgit MIa.aL A M 6 I� �G?uAf-b Nr�cM C�P.�T� Mltv;d` Co" � rJotzT�l E�In �_5u /rHls w+ �7 of A E SLOM TOP of sL.AF9 PbIWN V4 I•-� Sfix4w bc I� t vf4liTn `yq� IN TS,'t �Yk-1 tJG E SPfL l4� c(AT "P.T�2 TAI L5 L I& Jr z2t(v,LF.) z 4)-o M, O DF��C. f _ • ', r, ING WAl lCWA q Eby i r 0 AL BEYER DESIGN • - " POST OFFICE BOX 9665 ASPEN, COLORADO 8161 Z 303-925-8339 All designs, ideas, arrangements and plans indi' cared by these drawingsand specifications are the property and copyright of the Designer and shall neither be used on any other work nor be used by any other person for any use whatsoever with- out written permission Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional dis- crepancy shall be brought to the attention of the Designer prior to commencement of work. A RESIDENCE FOR RUTHIE & SKIP HAMILTON LOTS 1, 3-7 BLOCK 4 OKLAHOMA FLATS SUBDIVISION ASPEN, COLORADO 81611 REVISIONS PROJECT NO. Ct: DRAWN BY: L,L, Ag CHECKED BY:A13 ISSUE DATE: I>IIL SHEET TITLE: 6o,94IE PANS �IOt l r I I � � I 13ef-+At)- F Ts - �I� �\ATICli NdT � ICI! �-Ts- ) �F f 161T TH_ LAST MINi i N? ' n sit# -I THE 6" ANC \JF_ PW-k_-W THE HnWS\>zYz- THE I�AITT%,i omolS xv- 'd-o VIZ1,2 11 - -To. Now; -vry�, r_LtAli Lo HIP MAY Eecur _ 3/flt SI-la t 1_0 C-li � trx.�TIoNS mob; Ct ©© H\2� LT ill r All designs, ideas. arrangements and plans indi- cated by these drawings and specifications are the property and copyright of the Designer and shall neither be used on any,other work nor be used by any other person for any use whatsoever with- out written perm�ss�on Written d�mens,ons shah. take precedence over scaled dimensions and •nar be verified at the job site Any dfinens o, , ; _ oepancy shall be brought to the a ent" C" Designer prior to commencement of work A RESIDENCE FOR RUTHIE & SKIP HAMILTON LOTS 1, 3-7 BLOCK 4 OKLAHOMA FLATS SUBDIVISION ASPEN, COLORADO 81611 REVISIONS 12 - (-0- `10 As- EZlu7l ACTIVE tT AFFP Ai - PROJECT NO. DRAWN BY LL,I�g. CHECKED BY: A& ISSUE DATE `,C AZjL,11`P SHEET TITLE GaAPA,l 5LsvPTIoN5