HomeMy WebLinkAboutNOA and DODEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site -specific development plan pursuant to the
provisions of the land use approvals, described herein. The effective date of this Order shall also be the
initiation date of a three-year vested property right. The vested property right shall expire on the day after
the third anniversary of the effective date of this Order, unless a building permit application submittal is
accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless
an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section
26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect,
excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site -specific development
plan as described below.
Zayanderoudi Family Trust
1605 La Jolla Rancho Road, La Jolla, CA 92037
Property Owner's Name, Mailing Address
Steev Wilson
Forum Phi
715 W. Main St. #204, Aspen, CO 81611
Applicant's Name, Mailing Address
The Enclave at Aspen
834 East Durant Avenue, Aspen, CO 81611
Legal Description and Street Address of Subject Property
The applicant has received administrative approval to remove an Accessory Dwelling Unit &
Vacation of the Deed Restriction.
Written Description of the Site -Specific Plan and/or Attachment Describing Plan
Administrative Approval for an amendment to a development order; Removing an ADU & Deed
Restriction.
Reception #649749 (8/22/2018)
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
August 30, 2018
Effective Date of Development Order (Same date as noticed in the Aspen Times)
August 30, 2021
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal
Code)
Issued this 24th day of August 2018, by the City of Aspen Community Development Director.
Jes ica Garrow,ommunity Development Director
Janice K. Vos Caudill
Pitkin County Clerk and Recorder
534 East Hyman Avenue
Aspen, CO 81611
(970)429-2716
Number of Documents Recorded: 1
�jxIflN Transaction Receipt
Print Date: 08/22/2018 10:57:21 AM
COUN`O" Transaction #613041
Transaction Type: Recording
Receipt #2018004301
Cashier: Patty Nadon
Cashier Date: 08/22/2018 10:57:20 AM
Reception#649749 - APPROVAL - 2pg(s) Recording Surcharge: $3.00
Recording Fee:$15.00 1 $18.00
Total Fees a15.Uu
Payment Received: Check #3242 $18.00
Change $0.00
Presented by:
ASPEN CITY OF (COMM DEV)
COMMUNITY DEVELOPMENT
130 S GALENA ST
ASPEN, CO 81611
RECEPTION#: 649749, R: $18.00, D: $0.00
DOC CODE: APPROVAL
Pg 1 of 2, 08/22/2018 at 10:57:20 AM
Janice K. Vos Caudill, Pitkin County, CO
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 834 EAST DURANT AVENUE, LEGALLY DESCRIBED
AS THE ENCLAVE AT ASPEN LOT 9, THE CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, STATE OF COLORADO.
Parcel ID No.273718238039
APPLICANT Zayanderoudi Family Trust
REPRESENTATIVE: Steev Wilson, Forum Phi
SUBJECT & SITE OF AMENDMENT:
Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a
townhome located at 834 East Durant Avenue pursuant to Land Use Code Section 26.520.090[C],
Removing an ADU/Carriage House. The subject property is 834 East Durant Avenue Unit 9,
legally described the Enclave in Aspen Lot 9, the City and Townsite of Aspen, Pitkin County,
Colorado.
SUMMARY:
This accessory dwelling unit was approved via a conditional use approval in 1990 as part of the
Obloek Subdivision. Four accessory dwelling units were voluntarily provided, and a deed
restriction was recorded in 1993 for the 350 square foot accessory dwelling unit pursuant to
Ordinance 60 (Cottage Infill), Ordinance One (Housing Replacement program), and Section 5-510
of the Aspen City Land Use Code, Resolution 90-1 and 90-14. Occupancy of the ADU was not
mandatory. The Applicant proposes to remove the ADU and vacate the deed restriction. Section
26.520.090[C] establishes the approval process for removal of ADUs.
In order to initiate the vacation of the deed restriction, the Applicant will be 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 to purchase a
Certificate of Affordable Housing Credit that represents a .38 FTE Category 2. The transfer of the
Certificate must be completed to extinguish the Credit.
Additionally, the structural changes necessary to remove the ADU must be issued a building permit
and pass a final inspection by the Chief Building Official. According to the application, a building
permit has been submitted, however 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 extinguishment of an Affordable Housing Certificate of .38 FTE provided at
a Category 2 rate. This requirement will be implemented as part of the building
permit process.
2) The application for a building permit and issuance of 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.
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:
kw
w Date �
Jessica Gair
Community Development Director
CONSENTED TO:
Signed: Steev Wilson
C'Lol le
Date
Attachments:
Exhibit A — Ordinance No. 14, Series of 1990 Granting Subdivision and Vested Rights (not
recorded)
Exhibit B - Original ADU Deed Restriction (Reception # 361562) (not recorded)
Exhibit C — Certificate of Affordable Housing Credit (not recorded)
Exhibit D - Application (not recorded)
t ° EXII BIT A
ORDINANCE M. 14
(SERIES OP'1990)
AN bRDIx"cr, OT THE ASPEN CITY COUNCIL GRANTING A SU13DIVTSTON AND
VESTED RIGHTS FOR LOTS D-I AND N-S, BLOCK 112
WHEREAS, pursuant to Section 3-101 of.the Aspen Land Use
Code, a development application requires subdivision review for
land to be used for condominiums, apartments or any other
multiple -dwelling units; and
WHERRA•S, pursuant to; Sections ••8•-104 and 7-100.4 -the
Commission reviewed the request for conditional use review for
accessory dwelling units and subdivision; and
WHEREAS, a duly.noticed Public Hearing was held by the Aspen
Planning and Zoning commission (hereinafter. "Commission"). on
~, February G, 1990 to consider the conditional use review and
subdivision review application, at which time the Commission
reviewed the application;,and
WHEREAS, the Commission considered, the representations and
commitments made by the applicant and approved the conditional
use for four accessory dwelling units with conditions; and
r
WHEREAS, the ,Commission recommends to City Counoil
subdivision approval,
NOW, THEREFORE, BE IT ORDAXNED BY TILE CITY COUNCIL OF •THE-
CITY OF ASPEN; COLORADO:
Section 1;,
That it does hereby grant subdivision for Lots D-I and N-S,
Bloch 112. '
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Section 2:
That it does hereby grant subdivision as recommended by the
Aspen Planning and Zoning Commission, for the oblock parcel
located between Cooper and Durant on West End, Lots D-1 and N-S,
Block 112, with the following conditions:
1. Prior to the issuance of a building permit a final plat shall
be filed subject to review and approval of the Engineering
Department. The final plat shall include but not limited to:
a. The surveyor's certificate must indicate that all
easements .indicated on Title Policy No. 0-9941-38538, dated
December 9, 1988, have been shown on this plat.
b. Easements for transformers and utility pedestals subject
to review by the Engineering Department.
c. An above grade trash service area..
2. Prior to the issuance of a building permit a subdivision
agreement shall be submitted for review and approval by the
Planning Department. The Subdivision Agreement shall include but
not be limited to:'
a. an agreement to join any future improvements districts.
b. language binding the applicant to bond for five .years the
value of the large evergreens (removed for the, garage ramp) for
relocation or replacement purposes.
3. Project approval shall be conditioned upon receiving an
encroachment license for the parking garage. If an encroachment
license is not granted then the applicant shall submit new site
plans for•staff and P&Z review.
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^. 4. Prior to issuance of a building permit the applicant shall
submit a storm water drainage,,plan to be reviewed and approved by
the Engineering Department the plan shall include, but not
limited to, demonstration that the historic drainage pattern will
not be affected and all.snowmelt facilities, foundation drains or
outside floor drains shall be connected to a dry well of the
storm sewer, in accordance with the Clean Water.Act.
5. Prior to final approval, a portion of the existing fencing
should be relocated because it is in the public right-of-way and
blocks public use of the sidewalk area.
6. The City requests that, if any boulders larger than 36" are
excavated on the site and are. not needed that they. be provided to
the City.
7. Prior to recordation of the subdivision agreement and final
plat, the applicant shall submit documentation to the Planning
Department demonstrating that -downstream collection constraints
can be -.mitigated to the satisfaction of the Aspen Consolidated
sanitation District. The actual cost .and financial guarantee
shall be incorporated into the subdivision agreement.
6. Prior to the issuance of.an excavation permit; the tunnel and
underground garage design shall. be •approved• by the Aspen
Consolidated sanitation District,
9. The 6 large spruce trees on west End'Street and those along
Durant shall not be removed. Removal of any tree larger than 6"
in•caliper shall require a tree removal permit.
10. The applicant shall work with the Parks Department to
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relocate the clump of large evergreens being removed for the
construction of the garage ramp. The .applicant shall also bond
for five years the cost of the trees (as determined by an .
independent, third party). In the event they do not survive
relocation the money shall be available for the Parks Department
to use for replacement vegetation.
11. The street and sidewalk. improvements shall comply with the
Pedestrian Walkway and Bikeway Plan. In the event the plan is
not adopted, they shall develop the street and sidewalk
improvements as depicted on the approved plans.
12. Prior to the issuance of a building permit the owner shall
record copies of deed restrictions for the 4.accessory dwelling
units subject to review and approval by the Housing Authority. -
'.Section 3• That is does hereby grant Vested Rights -for this subdivision
for a period 'of three (3) years from the effective date hereof in
accordance with the terms and provision of. section 6-207 of, the
Aspen Land Use Code.
Section 4•
That the City •Clerk be and .hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin Cqunty Clerk and Recorder.
Section 5•
If any •section, subsection, sentence, clause, phrase or
portion, of this ordinance is. for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
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provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 6:
Nothing in this ordinance shall, be 'construed to affect any
right, duty or liability under any ordinance in effect prior to
.the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 7•
A public hearing on the Ordinance shall bet. . held on -tile
day of , 19g0 at 5:00 P.M. in the City Council chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to. Which
hearing a public notice of the same shall be publishod one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, I R1;AI# AND ORDP:RLD. PUBLISIMD asprovided by law,
by
the city Council of the City of Aspen oil the day of
1990.
William L. Stirling, Ma or
A.a�rsx: -
.
xthryn; „ Koch, City Clerk
FINALLY, adopted, passed and approved this day of
c%yam , 1990.
William L. Stirling, ayor
.Y1.TT ;ST:
Kathiyrroch, City Clerk
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hCCESSORY DWELLING UNIT DEED RESTRICTION '
'APPS3y9D.PUR0UANT TO ORDTNANCS 60 (COTTAGE INPILL), !•
OR➢rNANCE ONE (HOUSING "pL,RC£MENT PROURAN), AND
'SECTION E-510 OF 'RIM ASPEN CITY LAND USE CODE, '
DH907,11TION 49e•-1 AND OROTNANa9 i90-a4
THIS ACCESGORY DIMMINIG UNIT DEED RESTRICTION is made 'and •
entered into thin 7 e day O9 ,: •4..,.i. '' 1993, by tl';
Howard leg and Ha A. .Cahn +oovan'oral+ or itself, its
successors' and assigns, for the benefit of the .'clty of Aspen,•
colarado, a, municipal corporation, and the Aspen/Pitkin county
)Musing Authority, 9 multi-jukiadictional housing authority"
established paroUnnt to.the AMENDED AND RESTATED INTERGOVERNMENTAL
'AGREEMENT recorded in Hook 603 at Page 751 of the records of the
Pitkin County Clark and Reoordar'9 Office (1'Autharityl).
TIHEREAE, Coventor owns that parcel of real property located at.
m exhibit "a' atteelmn hcreta , in the city of Aspen, County of
Pitkin, Colorado, more specifically described as Lots D-I, Black
112 (Parcel S) upon which is situate a from market: dwelling and
contain within this dwelling a studio consioting of 350 not '
'liveable square feet to be classified as an accessory dwelling unit• [
(11Units): and
WEEREAS) Coventor agrees to accept and.. impose certain _
conditions on its' Use. and aacupanoy of the unit ad an accessory _ +
dwelling unit under. the Aspen Municipal Code. ;
NOW, THEREFORE, in consideration of the mutual promises and A
obligations contained where, the Deventer hereby covenants and �9
'agrees as follows:
1. The Unit as identified hareinabove shall not. be
condominiumized and, if rented, shall be rented only in, ,r
I accordance with the guidelines as adopted and as may be
amended from time to time by the Authority governing
++resident -Occupied++ dwelling units.
2. Deventer need not rent the Unit, however, when rented, only
qualified residents, as defined in the (lousing Guidelines,
shall reside therein and all rental terms shall be Fore a
—^ per -lad of not less than six (6) consecutive montha. Coventor _
shall maintain the right to select the qualified resident of
Its own ohgauing When renting the Unit. An executed copy of
.. all leases for the unit shall he submitted tb the Authority..
within tan (10) days of the approval of a qualified resident.
3: The covenants and, lkhitations of this deed restriction shall
run with and be binding on the land for the. benefit of the
City of 'Aspen and .the Authority, either 'of whom may enforce
the provinions'thereof through any proceedings at law or In
equity, including eviction of non -complying tenants.
4-TiNe-of Aspen
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4. It is understood and agreed by the Coventor that no waiver of
k_ •"
a broach of any term or condition as contained in this deed
' restriction shall he construed to be o waiver of any branch of
1• "'
- the same or other term or condition, nor shall failure to
enforce any one of the terms or conditions, either by
forfeiture or otherwise, be construed as a waiver of any term
or condition.
t'.
IN w2TNesa HSR80Y, Coventor has placed its duly 'authorized
T •r
signature hereto on the data as described above.
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COVENTOR: '
By -
Howe venter Harris A. Cahn, Coventor
' Mailing Address- Butch S Bundancc Investments, Inc.
' c/o chuck aellock
1400 28th Street, Suite 1
'
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STATE OSCi114��1VC1 �•
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before
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i ,The or going' -instrument was acknowledgedme.this.•+
' day of _,. 19r,, by .Nouera Rass and Harris A. Cohn.
WITNESS My hand. and official seal.
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My.Commissiou expires:
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ACCErThHoo 13Y THE NOu9xvQ AUTHORITY
The foregoing agreement and its terms are accepted by the
ASPg"jpjtkiH County Housing Authority.
THE A SING AUTHORITY
Eyl
David a. Myl%p',- Chairman
mailing Addraes.- 030 East main StrGot' Suite 001
Aspen, CO 81611
STATE Or COMPADO
COUNTY OF VITXIN
The foregoing instrument Ps acknowledged before me this
clay of 'Sr'Uro..lo— by payid a,. vler.
WITNFSS MY. hand Slid official Heal.
My colmmjsslon expire 0y.
Date
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EXHIBIT A
I
UNrr NUMBER TIIREC v
ADU 843 East COopar Ayenua, 841 East cooper
See Site Plan AD1.1 Oblock 1•own1lome,
NC)FiM P111 I Consent and Authorization to Represent
Date: 7/18/2018
Client: Alex & Laleh Roudi
Client Address: 1605 La Jolla Ranch Rd. La Jolla, CA 92037
City of Aspen Community Development Department
130 South Galena Street, 3rd Floor
Aspen, Colorado 81611
Re: 834 E. Durant Ave
Dear Director,
This letter shall serve as my approval for Alex & Laleh Roudi (represented by Forum Phi) to apply for and submit
land use applications, building permit applications, and subsequent documentation for the property at 834 E.
Durant Ave., Aspen CO, 81611. 1 authorize Forum Phi to submit, represent and obtain materials on the behalf of
the owner of 834 E. Durant Ave., Aspen CO, 81611.
I hereby authorize Steev Wilson and Forum Phi to perform and submit documents related to planning, Building
Permit Application, or to gain building file information on our behalf for the project located at 834 E. Durant Ave.,
Aspen CO, 81611. They may represent us during the application review and approval processes. They may act on
our behalf, may sign on our behalf all applications and permits, and any documents required or ancillary thereto.
Steev Wilson, Partner, AIA
Forum Phi Architecture LLC
715 W Main Street, #204
Aspen, CO 81611
Sincerely,
1. 6-IS
Date
........ nl cem I P. 970.279.410911. 866.770,5585
Aspen 715 W. Main S4 #204 Aspen, CO 81611 -
Basalt: 104 Midland Ave, #202 Basalt, CO 81621 _-.... r