HomeMy WebLinkAbout312 Gillespie_ADU Removal NOA - CopyPage 1 of 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 312 GILLESPIE STREET, LEGALLY DESCRIBED AS
THE "EASTERLY TRACT" AS SET OUT ON THE SUBDIVISION EXCEPTION MAP
OF THE C.F. MURPHY ASSOCIATES, INC. PROPERTY IN HALLAMS ADDITION,
ASPEN, COLORADO, RECORDED OCTOBER 31, 1980 IN PLAT BOOK 10 AT PAGE
56 AS RECEPTION NO. 228393, TOGETHER WITH ALL EASEMENT RIGHTS
APPURTENANT THERETO CONTAINED IN THAT CERTAIN GRANT OF
EASEMENT RECORDED NOVEMBER 15, 1979, IN BOOK 379 AT PAGE 362, AS
RECEPTION NO. 219617, PITKIN COUNTY, COLORADO.
Parcel ID No. 2735-121-19-001
APPLICANT Seth P. Berger
600 E. Hopkins Avenue
Unit 202
Aspen, CO 8611
REPRESENTATIVE: Luis A. Menendez Mitch Haas
Menendez Architects Haas Land Use Planning
715 W. Main Street 420 E. Main Street
Suite 104 Suite 220
Aspen, CO 81611 Aspen, CO, 81611
SUBJECT & SITE OF AMENDMENT:
Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a single-
family residence located at 312 Gillespie Street pursuant to Land Use Code Section 26.520.090[C],
Removing an ADU/Carriage House. The subject property is 312 Gillespie Street, with a Parcel
ID of 2735-121-19-001 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 1993 (Resolution 93-23). The deed restriction for the unit was
recorded at Reception No. 363454. The applicant would like to vacate the deed restriction and
decommission the basement level studio ADU of approximately 397 net livable square feet by
removing the kitchen and remodeling the space to fully incorporate it into the main living space
of the single-family home.
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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 physical changes necessary to remove the ADU must be issued a building permit
and pass a final inspection by the Chief Building Official. The Building Department must confirm
that the changes are made before the deed restriction will be removed.
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.
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 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.
2) Prior to issuance of the building permit, the applicant must extinguish an
Affordable Housing Certificate of .38 FTE provided at a Category 2 rate or pay the
Fee-In-Lieu in place at the time of building permit submission.
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:
__________________________ _____________________
Phillip Supino Date
Community Development Director
CONSENTED TO:
___________________________ ______________________
Signed: Seth Berger Date
Attachments:
Exhibit A - Staff Findings (not recorded)
Exhibit B - Application LPA-20-061 (not recorded)