HomeMy WebLinkAboutFile Documents.134 E Bleeker St.0102-2020-BRES (11) 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
LOCATED AT 134 E BLEEKER LEGALLY DESCRIBED AS LOT S AND THE EAST%
OF LOT R, BLOCK 65, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN,
STATE OF COLORADO.
Parcel Ill No. 2737-073-15-002
APPLICANT: Otis Real Estate Holdings, LLC
REPRESENTATIVE: Sara Adams,BendonAdams
SUBJECT& SITE OF AMENDMENT:
Removal of an Accessory Dwelling Unit(ADU) and vacation of a deed restriction on a property
located at 134 East Bleeker Street. 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:
The property contains two historic resources that were relocated from East Main Street in the
1960s. This includes a miner's cabin at the front of the lot and a barn along the alley.The property
was designated to the local Aspen Inventory of Historic Sites and Structures in 1992 (Ordinance
25, Series of 1992). The property then received a conditional use approval by the Planning and
Zoning Commission to remodel the property, including voluntarily converting the barn into an
ADU (Resolution 11, 1992). The expansion of the historic landmark property was exempt from
affordable housing requirements in 1992. The main house was awarded a floor area bonus of 134
sq. ft. in connection with the voluntary deed restriction of the ADU. A Deed restriction was
recorded on July 15, 1992 in Book 683 at Page 592.
The Applicant proposes the removal of the ADU and the vacation of the deed restriction and the
associated floor area bonus. Section 26.520.090[C] establishes the approval process for removal
of ADUs that were developed prior to the adoption of Ordinance 35, Series of 2015 or for an ADU
developed prior to this date which the applicant can demonstrate was not developed for affordable
housing mitigation purposes or to meet the requirements of a Development Order. The code
specifies that the removal or decommissioning of a voluntary unit shall not require additional
affordable housing mitigation.However,the physical changes necessary to remove the ADU must
be issued a building permit and pass a final inspection by the Chief Building Official. A building
permit will be required to document the removal of the kitchen and any other changes proposed to
RECEIVED
09/03/2020
ASPEN
BUILDING DEPARTMENT
II
the former ADU. After final inspection by the Chief Building Official verifying the kitchen has
been removed from the ADU, the deed restriction may be released.
STAFF EVALUATION:
Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House
Development Order;Removing an ADU/Carriage House.
DECISION:
The Community Development Director finds 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
subject to the following conditions:
1) A building permit will be required to document the removal of the kitchen, and
any other improvements to the unit. A final inspection and issuance of a Letter of
Completion by the Chief Building Official will be required to document the formal
removal of the ADU from the duplex.
2) Once this condition 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:
S-/ d / c
t 1 o bate 5/
Con -iunity Development Director
Attachments:
Exhibit A—Review Criteria(not recorded)
Exhibit B—Original ADU Deed Restriction,Reception#346778 (not recorded)
Exhibit C—Planning and Zoning Commission Resolution No. 92-11 (not recorded)
Exhibit D—Application(not recorded)
RECEIVED
09/03/2020
ASPEN
BUILDING DEPARTMENT