HomeMy WebLinkAboutFile Documents.234 W Francis St.0118-2020-BRES (16) l IIII III I lllh1fllull H II!I IIII 1111111111111111111111111111101
RECEPTION#: 657651, R: $23.00, D: $0.00
DOC CODE: APPROVAL
Pg 1 of 3,08/02/2019 at 09:44:54 AM
Janice K.Vos Caudill, Pitkin County, CO
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 234 WEST FRANCIS STREET,LEGALLY
DESCRIBED AS BLOCK 48, LOTS K,L,AND M, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY,STATE OF COLORADO.
Parcel ID No.2735-124-17-003
APPLICANT: 234 West Francis,LLC
REPRESENTATIVE: Sara Adams, BendonAdams,LLC
SUBJECT & SITE OF AMENDMENT:
Removal of an Accessory Dwelling Unit(ADU)and vacation of a deed restriction from a property
located at 234 W. Francis St. pursuant to Land Use Code Section 26.520.090[C], Removing an
ADU/Carriage House. The subject property is legally described as Block 48, Lots K,L, M, City
and Townsite of Aspen, Pitkin County, Colorado.
SUMMARY:
234 W. Francis is a designated historic local landmark and a designated property on the National
Register of Historic Places. This accessory dwelling unit was approved via Planning and Zoning
Commission Resolution No. 22, Series of 1993. The ADU was located in an existing carriage
house, creating a third unit in relationship to the main structure that was operating as a duplex at
the time (today, it is operating as a single-family residence). The ADU was established as a
"voluntary" unit—meaning that it was not required as a means of providing affordable housing
mitigation. As such,there is no requirement for affordable housing mitigation associated with the
removal of the ADU
The structural changes necessary to remove the ADU, so that it no longer functions as a separate
dwelling(unit),must be issued a building permit and pass a final inspection by the Chief Building
Official.
STAFF EVALUATION: •
Staff fords 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.
Two points of additional discussion are necessary however. First, when the ADU was approved ,
in 1993, a floor area bonus was granted to accommodate the carriage house as an ADU. In other
circumstances where an ADU approval granted an addition of floor area to the property—and the
ADU was removed per the process described in the land use code, the existing floor ar
REIVED
•
10/22/2020
ASPEN
BUILDING DEPARTMENT
' 3
exceeds the allowable floor area for the property—would create a situation of a legally established
non-conformity. In this case the total existing floor area on the property including the carriage
house, remains below the allowable floor area in the R-6 Zone District. While the applicant is in
no way proposing maintenance of the floor area bonus granted for the addition of the ADU in
1993, it must be stated that the removal of the ADU also voids any right to the floor area bonus
granted by the 1993 approval. This fact has been added as a condition of approval.
Secondly, the required physical changes to the carriage house to remove features that allow it to
function as a dwelling (specifically the kitchen) are likely to only involve interior modifications.
It should be noted however that any changes to the exterior of the building associated with the
project would be subject to Historic Preservation review requirements.
DECISION:
The Community Development Director finds the Amendment of an Accessory Dwelling Unit
Development Order to remove an ADU and vacate a deed restriction as discussed 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 floor area bonus of 347 square feet granted to the property by Resolution 22,
Series of 1993 is no longer available to the property with the removal of the deed
restriction for the ADU. The property in total shall be subject to the allowable floor
area granted in the R-6 Zone District or by any subsequent approval.
2) The application for a building permit and issuance of a Certificate of Occupancy
or Letter of Completion 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. Any exterior alterations made as a result of these changes are subject to
Historic Preservation review requirements..
3) Once Condition 2 is 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:
11. A 1_
nifer Pipe) Date
Interim Community Development Director
CONSENTED TO:
1/1
Si d: Sara Adams Date
Authorized Representative for 234 West Francis,LLC RECEIVEI)
10/22/2020
ASPEN
BUILDING DEPARTMENT
Attachments:
Exhibit A---Ordinance No. 22, Series of 1993 Granting Approval of the ADU(not recorded)
Exhibit B—Original ADU Deed Restriction(Reception#358580) (not recorded)
Exhibit C—Floor Plan of approved ADU(not recorded)
Exhibit D—Application(not recorded)
•
•
•
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33
RECEIVED :`
10/22/2020 1
ASPEN
BUILDING DEPARTMENT