HomeMy WebLinkAboutCO.933 E Hyman Ave.0128-2021-BRES (2) 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 933 E HYMAN,LEGALLY DESCRIBED AS
SUBDIVISION: KENTCO LOT SPLIT LOT: 2
Parcel ID No. 2737-182-31-044
APPLICANT Terri Schrager
933 E. Hyman Avenue
Aspen, CO 81611
REPRESENTATIVE: Rally Dupps
PO Box 3662
Aspen, CO 81612
SUBJECT & SITE OF AMENDMENT:
Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a single-
family residence located at 933 E Hyman Avenue pursuant to Land Use Code Section
26.520.090[C], Removing an ADU/Carriage House. The subject property is 933 E. Hyman
Avenue, with a Parcel ID of 2737-182-31-044 and legally described as listed above.
SUMMARY:
This Accessory Dwelling Unit(ADU)was approved by the Planning and Zoning Commission via
a Conditional Use approval in 1996 (Resolution No. 96-8). The deed restriction for the unit was
recorded at Reception No. 396152. The applicant would like to eliminate the deed restriction and
mitigate for the ADU of approximately 358 net livable square feet.
In order to initiate the vacation of the deed restriction, the Applicant is 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 proposed a fee-in-lieu
payment. The current fee-in-lieu rate of.38 FTE's at Category 2 is $130,187.62.
Additionally, the applicant shall obtain a building permit to verify the ADU has been
decommissioned. A final inspection shall be issued prior to the release of the deed restriction. The
release shall be accepted by the City Attorney and filed with the Pitkin County Clerk Recorder.
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.
RED'E EVE D
Pagj o167/2021
ASPEN
BUILDING DEPARTMENT
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 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 or payment of the Fee-In-Lieu in place at the time of building permit
submission. This requirement will be implemented as part of the building permit
process and is required prior to issuance of the building permit.
2) The applicant must apply for and receive a building permit, and 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.
3) Once both 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:
c5-'aiterL , Planning Director, for 02/11/2021
Phillip Supino Date
Community Development Director
CONSENTED TO:
Signed: Date
Attachments:
Exhibit A - Original ADU Deed Restriction, Reception# 396152 (not recorded)
Exhibit B— Staff Findings (not recorded)
Exhibit C - Application (not recorded)
RECEIVED
PagiW b 7/2 021
ASPEN
BUILDING DEPARTMENT