HomeMy WebLinkAboutcoa.lu.ca.Moore Family ADU.A097-02
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CASE NUMBER
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CASE NAME
PROJECT ADDRESS
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A097 -02
Cit yof Aspen Code Interpretation RE:ADU's applicable to t
James Lindt
Code Interpretation
City of Aspen
same as app
Julie Ann Woods 11/2
11/22/02
Denise Driscoll
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ASPENIPITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
..,J:-AND USE CODE INTERPRETATION
JURISDICTION:
City of Aspen
APPLICABLE CODE SECTION:
Section 26.520
EFFECTIVE DATE:
November 19,2002
WRITTEN BY:
James Lindt, Plarmer--crL-
APPROVED BY:
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Julie Ann Woods,
Community Development Director
COPIES TO: NOV 2 0 SaralJ Oates
Co . 2002
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SUMMARY v;, I OF ASPcN UJH/:" i 1,"
This code interpretation determines the applicability of Land Use Code Section 26.520,
Accessory Dwelling Units (ADUs) to the Moore Family PUD.
PURPOSE
The purpose of this code interpretation is to clarifY if a special review is needed to
construct an ADU within the Moore Family PUD as was established in the original
Moore Family PUD approvals before it was armexed into the City of Aspen.
BACKGROUND
Pitkin County requires special review approval for anybody proposing to construct a
caretaker unit within their jurisdiction. The City of Aspen allows for a deed restricted
ADU (city's version of a caretaker unit) to be constructed in the residential zone districts
as a use by right if the proposed unit meets ADU design standards set forth in Land Use
Code Section 26.520, Accessory Dwelling Units. This interpretation clarifies which of
the above processes apply to constructing an ADU within the Moore Family PUD.
DISCUSSION
The Moore Family PUD was annexed into the City of Aspen in 1999 and is now under
the jurisdiction of the City. Due to the fact that the City Land Use Code allows for and
encourages the construction of ADUs meeting the ADU design standards as a use by
right; staff believes that it is consistent with the jurisdictional requirements to allow for
the City of Aspen's ADU regulations to apply to the Moore Family PUD. Therefore, an
ADU that meets all of the ADU design standards as are set forth in Land Use Code
Section 26.520 do not require special review approval to be developed ",ithin the Moore
Family PUD.
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APPEAL OF DECISION
As with any interpretation of the land use code by the CommImity Development Director,
an applicant has the ability to appeal this decision to the Aspen City COImcil. This can be
done in conjImction with a land use request before City COImcil or as a separate agenda
item. In this case, there is no land use case proposed by the applicant, therefore an appeal
would require separate action by City COImcil.
26.316.030(A) APPEAL PROCEDURES
Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development
Director. The notice of appeal shall be filed with the CommImity Development Director
and with the City office or department rendering the decision or determination within
fourteen (14) days of the date of the decision or determination being appealed. Failure to
file such notice of appeal within the prescribed time shall constitute a waiver of any
rights Imder this Title to appeal any decision or determination.