HomeMy WebLinkAbout669048_Recorded ApprovalRECEPTION#: 669048, R: $18.0o, D: $0.00
DOC CODE: APPROVAL
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Janice K.-Vos_Caudill, Pitkin County, CO
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NOTICE OF APPROVAL
FOR AN AMENDMENT TO A DEVELOPMENTORDER FOR AN ACCESSORY
DWELLING UNIT, ALLOWING FOR THE REMOVAL OF SAID ADII AND TILE
VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPEICI'Y
COMMONLY .DESCRIBED AS 312 GILLESPIE STREET, LEGALLY DESCRIBED AS
THE "EASTERLY TRACT" AS SE'P OUT ON TUE SUBDIVISION EXCEPTION MAP
OF THE, C.F. MURPHY ASSOCIATES, INC. PROPERTY IN IdALLAMS ADDITION,
ASPEN, COLORADO, RECORDED OCl'OBER 31, 1980 IN PLAT BOOK 10 AT PAGE
56 AS RECEPTION NO.228393,'.1'OGETIl-ER WITH ALL .EASENIENT RIGHTS
APPURTENANT THERETO CONTAINED IN THAT CERTAIN GRANT OF
EASEMENT RECORDED NOVEMBER 15, 1979,1N BOOK 379 AT PAGE 362, AS
RECE, PT'ION NO.219617, PPPICIN COUNTY, COLORADO.
APPLICANT
REPRESENTATIVE:
Parcel ID No, 2735-121-19-001
Seth P. Berger
600 E. Hopkins Avenue
Unit 202
Aspen, CO 8611
Luis A. Menendez
Menendez Architects
715 W. Main Street
Suite 104
Aspen, CO 81611
Mitch Haas
Haas Land Use Plamring
420 E. Main Street
Suite 220
Aspen, CO, 81611
SUBJECT & SITE OF AMENDMENT:
Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed res0 iction diem a single-
family residence located at 312 Gillespie Streetpurmant to Land Use Code Section 26.520.090[C (,
Removing an ADU/Carriage House. The subieet properly is 312 Gillespie, Street, with a Parcel
ID of 2735.121-19=401 and legally described as listed above.
This AcccssolyDy✓ol 'g,Unit (ADM was approved by the Planning and Zoning Commission via
a conditional use' approva) in 1993 (Resolution 93-23)• The deed restriction for the unit was
recorded at Recep$on No. 363454. 'flee applicant would like to vacate the deed eeshietion and
deconunissiop Iltc`basement,levol studio ADU of approximately 397 net livable squarc feet by
removing t6.1c6ben.and remodeling the space to folly incorporate it into the main living space
of tic sinaloA v beme..'
Pago 1 01,2
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 hall -time equivalents (FTLs). The Land Use Code
allows for llic required rnitigation 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 toa•ernove the ADU must be issued a building permit
and pass a final inspection by the Chief Building Official. The Building Department must confinn
that the changes are made before the deed restriction will be removed.
STAFF EVALUATION:
Staff finds that the request meets the requirements of at Amendment of an ADU or Carriage House
Development Order, allowing for the removal of an ADU/Caariago House.
DECISION:
The Community Development Director finds the Amendmenut of an Accessory Dwelling Unit
Development Order to remove an ADU unit and vacate a deed restriction as noted above
nuoets,tile requirements as described in the Land Use Code, and APPROVES the request to
vacate tine 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 tile building permit, the applicant must extinguish an
Affordable Housing Certificate of .38 PTE provided at a Category 2 rate or pay tine
Pee -Inn -Lieu in place at the time of building permit submission.
3) Once both conditions tire suet, arelease of (Iced restriction, approved by the Aspen
Pitlun County (lousing Authority and acceptable to the City Attorney, shall he
completed and tiled with the Pitkin County Clerk and Recorders
Milio
ED BY:
v
Community Development Director
CONSEN"11D TO:
Signed! Seth Berger J,Date
Attachments:
Exhibit A - StaffFimdir
Exhibit B - Application
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