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HomeMy WebLinkAbout222 So. Cleveland App to vacate ADU 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM April 5, 2019 Mr. Garrett Larimer Community Development Department City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Sembler ADU – 222 So. Cleveland Avenue Mr. Larimer: Please accept this application for an administrative review to memorialize and approve the removal of an Accessory Dwelling Unit at the 222 South Cleveland Street property. The property was originally developed in the mid-1990s with a single- family home and an Accessory Dwelling Unit. During the course of various owners and use over the following 20+ years, the kitchen of the ADU was removed. The absent kitchen was noted by the City during a recent building code inspection for unrelated remodeling work and the City requested the property owner either reinstall the ADU (by installing a kitchen) or provide a fee-in-lieu payment mandated when an ADU is removed. The property is owned by Brent and Debbie Sembler. BendonAdams has been authorized to submit this application and represent the Sembler’s interests. This application proposes to remove the ADU by providing mitigation for the unit pursuant to Aspen Municipal Code Section 26.520.090.C.. Upon approval, the applicant will provide mitigation for 0.38 Category 2 Full-time Equivalent employees in the form of Affordable Housing Certificates or fee-in-lieu. The current fee-in-lieu rate for Category 2 is $342,599.02. Mitigation for 0.38 FTEs multiplied by the current fee-in-lieu rate is $130,187.62. All necessary work to the structure will be accomplished under a building permit. Upon approval for removing the ADU, a change order to the open permit will be submitted along with a request for final inspection. The Applicant expects a ‘release of deed restriction’ to be agreed-upon and 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM filed. The Applicant will work with the City Attorney to ensure the form of this release is acceptable to the City. The review criteria are addressed in Exhibit 1. Plans for the ADU are attached along with pictures of existing conditions. We look forward to working with you on this project. Please do not hesitate to contact me for a site visit or additional information that will aid your review. Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: 1. Response to Review Criteria 2. Pre-Application Summary 3. Application form 4. Agreement to Pay form 5. HOA form 6. Authorization to represent 7. Proof of ownership 8. Vicinity Map 9. Photos of existing conditions 10. ADU Kitchen Removal Plan Exhibit 1 Review Criteria 26.520.090 Amendment of an ADU or Carriage House Development Order 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.) Response – The ADU was constructed in the 1990s when the primary structure was built. The Applicant is in the process of securing an affordable housing credit in the amount required. The Applicant will provide the required mitigation in the form of either fee-in-lieu or an affordable housing certificate or a combination thereof; satisfying this requirement. 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. Response – The primary residence has been under the ownership of several different entities over the past twenty years. At some point during this span of time, the ADU was removed. There is an active building permit on the property where the absence of a kitchen was noted by a Zoning Enforcement Officer. A change order formalizing the ADU kitchen removal will be submitted for the active building permit upon issuance of a Notice of Approval. After receiving a Certificate of Occupancy for the primary residence confirming that the ADU has been removed, the Applicant expects a release of deed restriction to be executed and filed with the Pitkin County Clerk and Recorder. The Applicant will work with the City Attorney to ensure the filing is in an acceptable form. PRE-APPLICATION CONFERENCE SUMMARY DATE: March 26, 2019 PLANNER: Garrett Larimer, 429.2739 PROJECT NAME AND ADDRESS: 222 S Cleveland PARCEL ID# 273718204004 REPRESENTATIVE: Chris Bendon, BendonAdams DESCRIPTION: The residence at 222 S. Cleveland provided a deed restricted Accessory Dwelling Unit (ADU)as a form of affordable housing requirement associated with the development of the residence. The ADU was located in the lower level of the structure. At some point, the kitchen facilities required of the ADU were removed. During a recent zoning inspection for a remodel of the home, the absence of the ADU kitchen was noted by a Zoning Enforcement Officer. While the Land Use Code provides a formal process for the removal of ADUs, the City can find no evidence that such a process has ever been initiated at 222 S Cleveland. The owner initially applied to replace the ADU on site, however, the owner is now interested in formally vacating the ADU requirement. The process requires an administrative land use approval for the removal of the ADU and associated deed restriction. To remove the deed restriction pursuant to Aspen Municipal Code Section 26.520.090.C, the applicant shall provide mitigation for 0.38 Category 2 Full-time Equivalent employees in the form of Affordable Housing Certificates or fee-in-lieu. The current fee-in-lieu rate for Category 2 is $342,599.02, per FTE so mitigation by that method would be 0.38 x $342,599.02 = $130,187.62. Once a Notice of Approval is granted to vacate the ADU, a change order to the building permit associated with the property will be required in order to document the removal of the ADU. An inspection to confirm that the space no longer qualifies as a dwelling unit 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 and Recorder. Once all reqruied inspections have been completed and the deed restriction has been released, the project will be eligible for a Letter or Completeness for the scope of work described in the active building permit for the property. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.520 Accessory Dwelling Units and Carriage Houses For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code Exhibit 2 REVIEW BY: •Staff for Complete Application and Community Development Director for decision. REQUIRED LAND USE REVIEW(S): •Amendment of an ADU or Carriage House Development Order PUBLIC HEARING: •No PLANNING FEES: $975 deposit for 3 hours of staff time (Admin Review) APPLICATION CHECKLIST – These items should first be submitted in a paper copy. Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. HOA Compliance form (Attached to Application) A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Essential to this case is a floor plan and description of the depicting the past, existing, and proposed conditions for the ADU. Written responses to applicable review criteria. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Once the copy is deemed complete by staff, the following items will then need to be submitted: 1 digital PDF copy of the complete application. Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address:_________________________________________________________________________ Parcel ID # (REQUIRED) _____________________________ APPLICANT: Name: ______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: ___________________________ email: __________________________________ REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: _____________________________ email:___________________________________ Description: Existing and Proposed Conditions Review: Administrative or Board Review Have you included the following?FEES DUE: $ ______________ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______ Affordable Housing dwelling units_____ Essential Public Facility square footage ________ Exhibit 3 CITY OF ASPEN CoMMuNITY DEVELOPMENT DEPARTMENJI Agreement to Pay Application Fees An agreement between the City of Aspen (“City”)and Please type or print in all capsAddressofProperty:222 So.Cleveland St.;Aspen Property Owner Name:Brent &Debbie Sembler Representative Name (if different from Property Owner)__BendonAdams Billing Name and Address -Send Bills to: Brent Semblec;5858 Central Avenue;St Petersburg,FL 33707 Contact info for billing:e-mail:Brent.Sembler@sembler.com Phone:727.384.6000 I understand that the City has adopted,via Ordinance No.30,Series of 2017,review fees for Land Use applications andpaymentofthesefeesisaconditionprecedenttodeterminingapplicationcompleteness.I understand that as the propertyownerthatIamresponsibleforpayingallfeesforthisdevelopmentapplication. For flat fees and referral fees:I agree to pay the following fees for the services indicated.I understand that these flat fees arenon-refundable. $.flat fee for __________________. $.____________ __________________________________________________________ $._____________ _____________________________ For Deposit cases only:The City and I understand that because of the size,nature or scope of the proposed project,it is notpossibleatthistimetoknowthefullextentortotalcostsinvolvedinprocessingtheapplication.I understand that additionalcostsoverandabovethedepositmayaccrue.I understand and agree that it is impracticable for City staff to completeprocessing,review and presentation of sufficient information to enable legally required findings to be made for projectconsideration,unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned totheCityshallbeconsideredbytheCityasbeingreceivedbyme.I agree to remit payment within 30 days of presentation ofaninvoicebytheCityforsuchservices. I have read,understood,and agree to the Land Use Review Fee Policy including consequences for no-payment.I agree to paythefollowinginitialdepositamountsforthespecifiedhoursofstafftime.I understand that payment of a deposit does notrenderandapplicationcompleteorcompliantwithapprovalcriteria.If actual recorded costs exceed the initial deposit,IagreetopayadditionalmonthlybillingstotheCitytoreimbursetheCityfortheprocessingofmyapplicationatthehourlyrateshereinafterstated. $__3,250 depositfor 10 hoursofCommunityDevelc above the deposit amount will be billed at $325.00 per hour. $_________________deposit for ______________ hours of Engineering deposit amount will be billed at $325.00 per hour. City of Aspen: November 2017 City of Aspen I 130 5.Galena St.1(970)920 5090 $.___________flat fee for flat fee for flat fee for Additional time Signature: Jessica Garrow,AICP PRINT Name:Brent SemblerCommunityDevelopmentDirector Owner;222 So.Cleveland St;AspenCityUse: Title: ______________________________________________ Fees Due:$Received $_______ Case #_________________________ Exhibit 5 --975 3 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner ("I"): Name: Brent Sembler Email: Brent.Sembler@sembler.com Address of 222 So. Cleveland; Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) Phone No.: 727.384.6000 @ This property is not subject to a homeowners association or other form of private covenant. D This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. D This property is subject to a horn owners association rivate covenant and the improvements proposed in this land use ap Ii proved by the homeowners association or covenant beneficiary. I understand this policy an applicability, meaning or understand that this docu d the c· of Aspen does not interpret, enforce, or manage the 1 ate enants or homeowner association rules or bylaws. I cument. Owner signature: Owner printed name: =B.;..re""'n"""t"""S:;..;e=m"""b"""l""'e.;...r _____ _ or, Attorney signature: ____________ date: ____ _ Attorney printed name: ___________ _ Exhibit 6 September 101 2018 Jessica Garrow,AICP Community Development Director City of Aspen 130 So.Galena St. Aspen,Colorado 81611 BendonAdams RE:222 So.Cleveland Street;Aspen,CO. Ms.Garrow: Please accept this letter authorizing and BendonAdams,LLC,to represent our ownership interests in 222 South Cleveland Street and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I contact me. can assist,please do not hesitate to Property —222 So.Cleveland Street;Aspen,CO 81611 300 SO SPRING ST I 202 I ASPEN,CO 81611 970.925.2855 1 BENDONADAMS.COM Legal Description —Lot 1,Fellman Lot Split Parcel ID —7 -182-04-004 Debbie Sembler Br 5858 St.Petersburg,FJ3707 727.384.6000 Brent.Sembler@sembler.com Exhibit 7 MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE BRENT SEMBLER and DEBBIE SEMBLER LEGAL DESCRIPTION LOT 1, FELLMAN LOT SPLIT, according to the Plat thereof recorded October 31, 1994 in Plat Book 35 at Page 67. DEED OF TRUST APPARENTLY UNRELEASED DEED OF TRUST FROM : BRENT W. SEMBLER and DEBBIE N. SEMBLER TO THE PUBLIC TRUSTEE OF THE COUNTY OF FOR THE USE OF : BANK OF AMERICA, N.A. TO SECURE : $3,500,000.00 DATED : DECEMBER 10, 2015 RECORDED : DECEMBER 23, 2015 RECEPTION NO. : 625823 LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: SEPTEMBER 25, 2018 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2840 Exhibit 8 �`: T`a DF kSPEN' CITY OF ASPEN *i M07 PAID HRETT PAID DATE REP NO. DATE REP NO. Documentary Fee $ 695.00 WARRANTY DEED THIS DEED, made September 29, 2006, Between THOMAS H. FELLMAN of the County of'T �� t<�' ` 1 , State of CO, GRANTOR, AND BRENT SEMBLER and DEBBIE SEMBLER, GRANTEE whose legal address is: 5858 CENTRAL AVENUE, ST. PETERSBURG, FL, 33707 of the County of State of FL WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT 1, FELLMAN LOT SPLIT, according to the Plat thereof recorded October 31, 1994 in Plat Book 35 at Page 67. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 IIIII III IIIIII III I IIIIIII IIIIIII II I IIIIIII 00Page:9//299//14 2of 3 006 01:03P JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 595.00 �W NW O)L� NQ to SIGNATURE PAGE TO WARRANTY DEED PAGE 2 THOMAS H. FELLMAN STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this /97k- day of SEPTEMBER, 2006, by THOMAS H. FELLMAN. WITNESS my hand and official seal my commission expires: $-;)-3-Z0(0 PCT20452F2 JESSICA WINDERL IIIIII (IIII IIIIII IIIIIIIIIIII IIIIIIIIIII III IIIII IIII IIII 00 Page: 9/ 696 00.03F EXHIBIT "A" 1. Taxes for the year 2006 not yet due or payable. 2. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United Stated Patent recorded August 29, 1958 in Book 185 at Page 69. 3. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded October 31, 1994 in Book 765 at Page 976. 4. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 31, 1994 in Plat Book 35 at Page 67. 5. Terms, conditions, provisions and obligations as set forth in Accessory Dwelling Unit Deed Restriction recorded August 1, 1995 in Book 788 at Page 767. IIIIII IIIII IIIIII Illltlllllll IlLL rllllllll III IIIII IIII IIII 16.00 529214 Page: 2 of 3 .03F 695.00 Exhibit 9 222 South Cleveland Street – Vicinity Map 222 South Cleveland visuals of home and exisƟ ng conditions aspen | colorado 1 2 3 Exhibit 10 Site photos from northwest property corner and from southwest corner looking along alley Existing access to ADU from alley side of property Interior pictures showing entry, bathroom, interior connection, kitchen location 0----0----- 0---- �---- 0----- I I --t I ----�--- I ,( � EXISTING EGRESS I I WINDOW EXISTING BEDROOM 7'-7" I 2'-0' ,( -- EXISTING BA-,_----1 c·-,1rJ•, ''>;--d,·:c_:� ---=-1==--==-o�J I .-NEW T.S. COLUMN1, REF, STRUCTURA!c EXISTtNG SHO\YE0R 2'-0' -+++ ·, 5 1/2' ,-----EXISTING EGRESS WINDOW EXISTING BEDROOM EXISTING BATH 11-11 EXISTING BASEMENT DN STACKED W/D I I I I ._. I I_-�, I I ,---'/'\ \---. <'--7_ \ ' .. .. --LIGHTING ANDVENTltl\TION REQUIREMENTS ARE MET THROUGH EXISTING\WIN,DOWS FOR THE FAMILY ROO,M ___ i EXISTt� MECH._ ' I I ' ' ' ' ' ' ' ' EXISTING WINDOW ' NEW GLASS EGRESS DOOR 21'-2 1/2" 12'-2 1/2"1 ,( ,( 33'-o· EXISTING STAIRWAY -0 en -0 ----© 1 Al04 LEGEND II NOT IN SCOPE c::::J EXISTING WALLS GENERAL NOTES, 1.EXISTING CONDITIONSMUST BE FIELD VERIFIED FOREXACT DIMENSIONS 2.DIMENSIONS ARE FROMGRID, FACE OF STUD, ORCONCRETE WALL 3.DOORS AND WINDOWS AREDIMENSIONED TO CENTERLINE 4.COLUMNS ARE DIMENSIONEDTO CENTERLINE LOWER LEVEL PLAN 1/4"=1'-0' I :l 605 EAST MAIN STREET ASPEN, COLORA DO 81611 (T) 970 / 925 4755 {Fl 970 I 920 2950 Consultant Issue: 01-14-2019 Final SetSEMBLER RESIDENCE ADU RESTORATION 222 S. CLEVEIAND ST. ASPEN, COLCRADO C) NORTH PROJECT NO, 21546.0 DWG Fil[ 21541.00A104ADU.dwg SHEET TITLE LOWER LEVEL PROPOSED PLAN A104 Ce) 2019 �M��fl1llW��Jroo, P.C TilE INFORMAT ION AND DESI� INTENT CONTAINED ON 11-ISOOCI.NENTISTilE PROPERTY OF Bill POSS AND ASSOCIATES, ARCHITECTIJRE NII PLANNING, P,C, NO PART [JflH IS ltfilRMAllON MAY BE USEDWmO.JTlfE PRIOR WRITTEN PERM ISSION OF Bill PDSSAtll ASS{ICIAlES, NlCH ITICTUREAND PLANNNG, PC BILL POSSANOASstlCIAlES, ARCHllEClUREANO PLANNlt«:, P,C. SHALlREfAIN All COMMON LAW STATUTORY AND OT HER RESERVED RIGITS, IM::t.lOltl. COPYRIGKT lHERETO, Exhibit 10