HomeMy WebLinkAbout312 Gillespie_ADU Removal Staff FindingsExhibit A
Staff Findings, Removing an ADU/Carriage House Review Criteria
Sec. 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/Pitkin 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
312 Gillespie was created as mitigation for free-market residential development through a
Planning and Zoning Commission approval in 1993 and is not a Mandatory Occupancy
unit. Mitigation according to Section 26.520.090.C will be provided. Staff finds this
criterion to be met.
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 has been included 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 not a voluntary unit. Staff finds this criterion to be not
applicable.