HomeMy WebLinkAboutNOTICE OF APPROVAL 8-9-18NOTICE 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
Oblock 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:
__________________________ _____________________
Jessica Garrow Date
Community Development Director
CONSENTED TO:
___________________________ ______________________
Signed: Steev Wilson 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)