HomeMy WebLinkAboutFile Documents.121 E Hyman Ave.0149.2018 (94).ARBK t
NOTICE OF APPROVAL
FOR AN AMENDMENT TO A DEVELOPMENT ORDER FOR AN ACCESSORY
DWELLING UNIT,ALLOWING FOR THE REMOVAL OF SAID ADU AND THE
VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPERTY
COMMONLY DESCRIBED AS 121 EAST HYMAN STREET;AKA THE UTE WEST
TOWNHOMES,LOT A, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID No.273512471002
APPLICANT Andrea Cayton
REPRESENTATIVE: Mitch Haas,Haas Land Use Planning,LLC
SUBJECT& SITE OF AMENDMENT:
Removal of an Accessory Dwelling Unit(ADU) and vacation of a deed restriction from a duplex
residence located at 121 East Hyman Street, according to the Ute West Townhomes Plat recorded
on July 18,2001 in Plat Book 58 at Page 17 as Reception No.456615 of the real estate records of
Pitkin County, Colorado, and as defined and described in the Amended and Restated Declaration
of Covenants and Restrictions for the Ute West Townhomes recorded August 24, 2001 as
Reception No.457969,Pitkin County,Colorado. The Applicant is requesting an amendment to an
ADU development order, pursuant to Land Use Code Section 26.520.090[C], Removing an
ADU/Carriage House.
SUMMARY:
Ute West Townhomes consists of a condominiumized duplex, Lots A and B, with one ADU
associated with each dwelling unit.The subject property,Lot A,constructed an accessory dwelling
unit for the purposes of affordable housing mitigation,. Based upon Planning and Zoning
Commission approval,a Restrictive Covenant was filed on June 14,2001 and recorded on July 25,
2001 (Reception#456869). The Applicant proposes the removal of the ADU and vacating the
deed restriction. Section 26.520.090[C] establishes the approval process for removal of ADUs that
were developed prior to the adoption of Ordinance No. 35 (Series of 2015).
In order to initiate the vacation of the deed restriction, the Applicant will be required to mitigate
for affordable housing at a Category 2 rate for .38 full-time equivalents (FTEs). The Land Use
Code allows for the required mitigation to be achieved by either a fee-in-lieu payment or the
extinguishment of an Affordable Housing Credit. The Applicant has stated that they intend to
obtain and extinguish the required .38 Category 2 Affordable Housing Certificates. Additionally,
the structural changes necessary to remove the ADU must be issued a building permit and pass a
final inspection by the Chief Building Official. The Applicant is aware of the necessary changes
and will remove the existing kitchen facilities in the ADU.
STAFF EVALUATION:
Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage
House Development Order; allowing for the removal of an ADU/Carriage House. F E IVE D
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RECEPTION#: 640582, R: $18.00, D: $0.00
DOC CODE: APPROVAL
Pg 1 of 2, 08/10/2017 at 02:23:54 PM ASPE1
Janice K. Vos Caudill, Pitkin County, CQIILDING DEPARTMENT
DECISION:
The Community Development Director fluids the Amendment of an Accessory Dwelling
Unit Development Order to remove an ADU unit and vacate a deed restriction as noted
above meets the requirements as described in the Land Use Code, and APPROVES the
request to vacate the ADU subject to the following conditions:
1)The extinguishment of an Affordable Housing Certificate of.38 FTE provided at
a Category 2 rate. This requirement may also be met by fee-in-lieu-payment. This
requirement will be implemented as part of the building permit process.
2) The application for a building permit and issuance of a Certificate of Occupancy
by the Chief Building Official approving the physical changes made to the ADU to
include,but not limited to the removal of necessary kitchen facilities.
3)Once both of these conditions are met,a release of deed restriction,approved by
the Aspen Pitkin County Housing Authority and acceptable to the City Attorney,
shall be completed and filed with the Pitkin County Clerk and Recorder.
APPROVED BY:
JO 79- 70r
J ssica Gana Date
ommunity elopment Director
CONSENTED TO:
Sig ed: ndrea Ca ---���
Attachments:
Exhibit A—Original ADU Deed Restriction(Reception#456869)
Exhibit B—Application(not recorded)
RECEIVED
5/23/2018
ASPEN
BUILDING DEPARTMENT