HomeMy WebLinkAbout101 Dale_ADU Removal_Staff Determination Letter
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City of Aspen
130 S. Galena St.
Aspen, CO 81611
September X, 2019
Rally Dupps
PO Box 3662
Aspen, CO 81611
RE: 101 Dale Avenue- Request to Vacate a Deed-Restriction and Remove an Accessory Dwelling Unit that was
Developed as Mitigation for a Duplex
Dear Mr. Dupps,
The City of Aspen has reviewed your application to remove the on-site accessory dwelling unit (ADU) and to vacate the
associated deed-restriction for the property at 101 Dale Avenue. The ADU was developed as mitigation for both units of
the duplex. Your request to provide affordable housing mitigation for .38 full-time equivalents (FTEs) at the Category 2
rate does not meet the mitigation required for a duplex and cannot be supported.
Below is a brief history of the ADU program, explaining the mitigation rates for single-family and duplex dwellings:
• Ordinance No. 1, Series of 1990 permitted the development of ADUs’ to meet the mitigation required for
employee generation resulting from new development of residential floor area. A single-family dwelling could
mitigate by developing a deed-restricted ADU of at least 300 square feet; a duplex could mitigate for both
dwelling units by developing a deed-restricted ADU of at least 600 square feet.
• Ordinance No. 35, Series of 2015 allowed for the removal of existing ADUs and for the vacation of corresponding
deed-restrictions. For voluntary ADUs’ (meaning the unit was not required to be rented but it if was, the tenant
needed to be APCHA qualified), the removal of the ADU required the extinguishment of a .38 FTE, Category 2
Affordable Housing Credit or an equivalent cash-in-lieu. The provisions of the 2015 amendment do not
specifically address ADUs’ related to duplex development.
• In 2017, the City of Aspen Community Development Department issued a Land Use Interpretation
addressing ADUs’ developed as mitigation for duplex development. According to the interpretation, ADUs’ that
were established as mitigation for both units of a duplex must mitigate for .75 FTEs at the Category 2 rate.
Although the ADU at 101 Dale is encumbered by the western unit, the ADU was developed as mitigation for both units
of the duplex. Staff finds that the required mitigation to remove the ADU is .75 FTEs, at the Category 2 rate which can be
met through the purchase of Affordable Housing Credits or equivalent cash-in-lieu, as established in Land Use Code
Section 26.520.090.C, Removing an ADU/Carriage House.
Pursuant to Code Section 26.316.030.A, Initiation, you may appeal this determination by filing a notice of appeal within
14 days of receipt of this letter.
Moving forward, if you have any questions on staffs’ position, please do not hesitate to reach out to me.
Regards,
Kevin Rayes
Community Development Department
Planner