HomeMy WebLinkAboutExhibit A_Review CriteriaExhibit A
Removing an ADU/Carriage House Review Criteria
C. Removing an ADU/Carriage House. An amendment application that proposes to physically remove an
ADU or Carriage House from a property and vacate the deed restriction may be approved by the
Community Development Director if all of the following criteria are met. To remove or decommission a
Mandatory Occupancy ADU, the requirements of 26.520.090.B must first be met prior to complying with
this subsection.
For an ADU or Carriage House developed prior to the adoption of Ordinance No. 35 Series 2015:
1. The applicant shall provide affordable housing mitigation for .38 full-time equivalents (FTEs).
Mitigation shall be provided at a Category 2 rate prior to issuance of any permit required to
accomplish the decommissioning or removal of the unit. This may be provided through
extinguishment of a Certificate of Affordable Housing Credit (See Chapter 26.540 – Certificates
of Affordable Housing Credit) or by providing a fee-in-lieu payment according to the rates
specified in the current Aspen/Piktin County Housing Authority Guidelines, as amended from
time to time. (Commentary – The .38 figure reflects a typical ADU being a studio or one-
bedroom unit housing 1.5 FTEs with an approximate 25% occupancy. 1.5 x .25 = .375, rounded
to .38.)
Staff Response: The applicant has provided supporting documentation that the ADU at 134 E Bleeker
was a voluntary unit. Thus, not requiring any additional affordable housing fees. Staff finds this
criterion to be not applicable.
2. The physical changes necessary to remove the ADU/Carriage House have been accomplished
and issued a final inspection by the Chief Building Official. (Building permits are required.) Once
this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall
be completed and filed with the Pitkin County Clerk and Recorder.
Staff Response: A building permit showing the removal of the kitchen and any other alterations to the
area will be required. This will be listed as a condition of approval. Staff finds this criterion to be met.
For an ADU or Carriage House developed after the adoption of Ordinance No. 35, Series 2015 or for an
ADU or Carriage House 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. (In other words, the unit must have been a “voluntary” unit). Removing a voluntary unit may be
approved by the Community Development Director if all of the following criteria are met.
1. The physical changes necessary to remove or decommission the ADU/Carriage House have been
accomplished and issued a final inspection by the Chief Building Official. (Building permits are
required.) Once this has been accomplished, a release of deed restriction, acceptable to the City
Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. Removal or
decommissioning of a voluntary unit shall not require additional affordable housing mitigation.
Staff Response: The ADU was constructed as a voluntary ADU. Staff finds this criterion to be met.