HomeMy WebLinkAboutcoa.lu.cu.270 N Spring St.0003-06
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City of Aspen Community Development Dept,
CASE NUMBER
00032006.ASLU
PARCEL ID NUMBER 2737-07-3-11-005
PROJECT ADDRESS 270 N SPRING ST
PLANNER JAMES LINDT
CASE DESCRIPTION BUY DOWN MANDATORY OCCUPANCY ADU TO A STANDARD
REPRESENTATIVE EUGENE PFEIFER 5012258102
DATE OF FINAL ACTION 2/24/2006 12:(
CLOSED BY Denise Driscoll
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Addte" 12711 N SPRfNG ST iJ ApllSuile I
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Dew"''''' 8'f!DOWN MANIlATORYOg:tjPANEt..AOU TO A STANDARD,wg , "\;0'
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Submitted IEUGENE PREIFER 5012258102 Clock IR""""" D"", ro
1- Vioibleontheweb? PennitlD.j 37096
Appied 101118120061
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Awoved
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Final
Expifet 101/1312007 ',-.:!
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LIl$l Name jPFEIFER EUGENE M III & L iJ Firs' Name
Phone
{\Ii Ownel 1.., Applicant?
Appicant
Las' Name IPFEIFER EUGENE M III &L iJ F,.'Namer
Phone r CYSt U 126653
IPO BOX 9S
!NORTH LITTLE ROCK AR 72115
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PO BOX9S
NORTH LITTLE ROCK AR 72115
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FEB,10,200611:15AM
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~UNITY DEVELOPMENT
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NO. 5539 P. 2
MEMoRANDUM
TO:
Chris Benllon, Community Development Director
FROM:
RE:
James Lind~ Senior PlaMer 'lL--
270 N. Spring Street Insubstantial Amend'DeDt of all ADU Devclopme.t
Order
DATB:
February 9, 2006
Al'PUCANTS:
Bugene and Linda Pfeifer
LOCA'J10N:
270 N. Spring Street
ZONING:
R-30 with a pOO Overlay
J.UvuW PRoCmllRE:
~nrial amendments to an ADU deve10pment order may be approved, approved W1th
conditiOIlS., or denied by tbc Commllllity I)eve\opJnellt Director, pursuanl: to Section
26520.090(A), Amendmeht of an Accessory Dwlli1lg Unit (...IDU) or Carrioge House
Develcpmsnt Order: TMibstLmllDl Amendment.
RJcQtJES1":
Eugmc and Linda Pfeifer (" App1icantS'') have applied for an insubstantial mnendment to
an appro~ ADU development order to buy-do'Iw the "",n.l.wy occupancy deed
restriction that ~ govems the mtisting ADU at 270 N. Spring Street to a standard.
voluntarY occupancy. ADU deed restriction pursuant to Land Use Code Section
26.520.090(A)(2).
BACKGROUND:
A mandatory occupancy ADU was approved on tbc subject site purswmt to Planning and
Zoning Commission Resolution No. 25, Series of 1m (attached as Exhibit "C"). which
served as affordable housing mitigation for the ~Jopment of a new single-family
teSidence. Several yeatS ago. the City amended the ADU program and removed the
possibility of consll'UCting newlI\llJldatOry 0"'''.1''.....' ADU.. Subs<>qucnt1Y, another land use
code ameodDImrt was approved by City Council aIIowiog property O'\ll7l1er5 wiIh mandatory
occupancy ADUs to buy them cIowll. to a volUIIIaJY oceupmcy ADU deed tcSlriction,
The difference between a voluntarY occupancy ADD deed te8lriction and a ".,Oftdatnry
occupancy deed restriction is 1bat the voluntary occuponcy deed resttiction does not require
the unit to be occupied where as a mandatory ocaJPlIDCY deed restriction required that the
unit be occupied year-round. A ma1hematiea1 formula was enao;ted in Land Use Code
I
Received Time Feb.IO. 1\ :53AM
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FEB. 10. 2006 11: 15AM
~UNITY DEVELOPMENT
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NO, 5539 p, 3
Section 26.520.090(2)( c )(2) to calculate the amount of money nccessuy to buy 11\ ADO out
of a mandatoTY OCGupaawy deed reslriction to a voluntary occupency ADU deed reslric:tion.
STAWCOMMV/TS:
In reviewing the request to buy-down the _and..ory occupency ADU to a voluntary
occupancy ADU deed restriction. Staff believes that the review criteria for an insubstaDtial
ammdmcllt are satisfied as long as the App\1CaDt$ pay the teqUited buy-down fee of
523,315.82. This buy..down fee is calcuJ$d as foUows:
S payment= (square footage of bonus flOOl' area) IJIIl\tIpllcd. by (asses""" value of pateel pi...
improvements/floor area ofrcsidence (cxcludingbonus FAR))
S23,315.82~ 268 square feet multiplied by ($384,450/4,419 square feet)
Staffhas p.oposcd a cOndition ofapproval requlriDs the Applicants to pay 1he buy-down fee
as caleulated above prior to recording a new deed restticliOll on tbe ADU that docs not
require m.nd.rmy OCeupllIlCY. Staff bas futthet ineludcd a coodltion of approval requiring
the Applicants to record a new deed resttiction at the Pitkin County Cleric and Recorder's
Office.
STAn REcoMMENDATION:
Staff finds that tbe review criteria for granling an insubstanUal amendment to the approved
ADU development order to be satisfied by tbe application and recommends that the
Commtmity Deve\oplnent DiJector approve: the proposed amendment to buy-down the
existing mandatory occupency ADU at 270 N. Spring Street to a voluntary ocwpancy ADU
deed reslriction. with the conditions contained herein.
AnIlOVAL:
I hezeby approve this insubstantial am..,.,lm...t to the approved ADU development order
at 270 N. Spring sv- to allow for the AppIic:mt9 to huy-down the existing m.nA.tnry
occupancy deed restriction to a standard, voluutmY 0CC1'P"""Y ADU deed restriction, with
the following conditions:
1. The AppJicants sha1l pay a buy-down fee of S23.315 ,82. This money shall be
deposited in the affonlable bousing development fund for the construction of
funuc affordable housing by the City of Aspen.
2. The Applicants sha1l prepare a standard. volumary occupancy deed restriction
in consn1tation with the AspcIIfPltk:in County HouslDg Authority and bave the
new deed restriction recorded at the Pitkin County Clerk and Recorder's
Office. The fee mentioned in CoDdition No. 1 sha1l be paid before the new
deed restriction is r
DatI; 1rt~
Chris BeDdon, Community Development Director
2
Received Time Feb.IO. 11:53AM
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fEB10.200611:15AM
~UNITY OEVELOPMENT
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NO. 5539 P. 4
Acct.PTAl'lCE:
1. as a pcr.ron being or R-P' H! ..tit,g tht App1icauts, do hereby agree to the conditions of this
approval and ~ the . ' ..' appIiearlOll is correct to the best of my
knowledge.
Date ~0~
A'IT,lCHMENTS:
Exhibit A --Review Criteria and Staff Findings
Exhibit B -Application
F.xhi.bit C _P & Z Res(\llItinn No. 25. Series of 1998
3
Received Time Feb. 10. 11 :53AM
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~MUNITY DEVELOPMENT
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NO. 5539 P. 5
Exhibit A
Review Criteria and Staff Findings
IDmbstaatlal AlIl-"-~ to All Appreved ADU J)e\1elopment Order.
An e~-mncnt appticatioo that propo_ to remove a MmdatoIY ()ccupaDtY ADU deed
restrictionplaeed on the property prior to adoption of OrdinanCe No. 46. Series of2oo1,
may be approved if all of the following criteria are met:
a. T~ manJatory occupancy dud re.ftrictlon shall have been recorded on the
property for a mininwm of three (3) years prior 10 the date of applictJtio" for it.f
removal. TM opplictml shall demonstrate a elI/Rlge in circumstanCes supporting
the request to remove the restriction.
~ff 1l'Iadine
The mandatory occupancy deed xesuictioo at 270 N. Spring Street has been in place
since 1998. The App&ams have indicated that they have bad trouble renting the unit
to people meetihg the employee housing guideline requirementS given the small size
and location of the 11Ilit. The AspeIlIPitkin County Housing Authority has concun-ed
that it has been difficult to enforce that these ",""".tory occupancy ADUs be rented
to qualified employees, Staff finds this criterion to be met
b. The Mandatory Occupancy deed restriction on the AD U is replaced with the
mimmum ADU deed restriction allowing voluntary occupancy; and.
~1:SrrFiDdm.,.;
Staffhas proposed a condition of approval requiring that the minimum ADU deed
res1rictioo allowing vohmtaty occupm:y be IeC:Orded 8Dd placed on the unit. Staff
fmds thts criterion to be mOL
c. The applica1'l1 has obtained approval either;
1. From the City of Aspen 10 tkvelop a deed rutricted affordable housing 1JJ1it
on a sile that is not otherwise required to con/am such a II1Iit or from the
Aspen/Pitldn County Housi1Ig Authority to convert all existing free-mmket
unil aM dud restriCJ lhe II1Iit to afforriDble houstng Sla/US. The replacement
ajfordahk housing 1JJ1it s1uJl1 be within the Aspen lrifiIl Area, shall be of a
comparable ./ze wu1 type as IN:..4DU, 6holl be accepttJd by tlu AspenIPitTcln
County Housing Authority, and shaY be deed restricted as a Calegory J. or
lower, saleJ unit according to the AspenIPitkln County Housi7lg GuIdelines. as
amended; orl
1. From the AspenIPitldn County Housi7lg Authority to pay an affordoble
housing converslo71 fee, calculated according to the following formula:
s payment ~
square foolage
of bonus floor X
area
assessed value of parcel
plus improvements
floor arlUl of resident:e
(excluding boJ1flS FA1/)
Received Time Feb .10. 1 1:53AM
FEB. 10. 2006 11 :16AM
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~UN]TY DEVELOPMENT
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NO. 5539 P. 6
Ststf FiD"it"r.
The Applieants have proposed to pay the fee for buying down the unit. All was
caklll....n in the Staff MtmOIaI,dum, the Applicant will be required to pay
$7..3,315.82 to buy the UDit down to a vohmtaty deed xestric1ion. This JIlOncy shall be
used by the City of Aspen to develop future affordable housing projects. Staff finds
this criterion to be met.
d The strzu;fure granted t~ bonus Floor Area shall be considered /J legally created
Nonconfonrrmg StruCture and mbjectto the pravtsionS o/Section 26.312.
Staff FiJlm.".:
According to the :roning _lelill( that was filled out when the residence and ADU
were C01lSllllCUld. when the FAR exemption for a D"onitotnry 0CClIp8DCY unit was
removed from the land use code, the stI\ICIIIlC became legally non-conforming with
regards to allowable FAR.
Received Time Feb,IO. 11:53AM
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ATTACHMENT 2-LAND USE APPLICATION
APPLICANT:
Location:
E uq C/'l e.. + ,L //1 ,j tL f./f fl. -/-:e iL
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(Indicate street address, lot & block number, lega descri tion where a
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ro riate)
Name:
Parcel ill # (REQUIRED)
REPRESENTATIVE:
Name:
Address:
Phone #:
PROJECT:
Name:
Address:
c9r;o 1U0-A..::U-.s~ ~
Phone #:
TYPE OF ApPLICATION: (please check all that apply):
0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt,
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane X Other.
0 Lot Split 0 Temporary Use
0 Lot Line Adiustment 0 TextJMaD Amendment
Have you attached the following?
o Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" mnst be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) mnst be snbmitted as part of the application.
RETAIN FOR PERMANENT RECORD
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A!!reement for Payment of City of Asoen Develooment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1.
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a detennination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT
make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following their hearings andlor
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT'S application.
4. CITY and APPLICANT further agree lhal it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission andlor City Council to make legally required findings for projec1 consideration,
unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a )e~J.Ill\nation of apPlica3 completeness, APPLICANT shall pay an initial
deposit in the amount of$~ which is for _ hours of Community Development staff
time. and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $220,00 per planner hour over the initial deposit. Such periodic payments
shall be made within 30 days of the billing dale. APPLICANT further agrees thal failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued
until all costs associated with case processing have been paid.
By:
Chris Bendon
Community Development Director
APPL~,AN,T, ~
By: d;~ fj-v ,~
Date: l....(fW . 10/ 06
CITY OF ASPEN
Billing Address and Telephone Number:
ReQUire~ 7D ;JJ S~ ,p:r
As.~ eO f/&/I
g: Isu pportlformslagrpayas.doc
11/30/04
mAIN fOR PERMAMEHT RECOflD
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~. RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDmONAL USE FOR AN ACCESSORY
DWELLING UNIT DEED RESTRICTED TO MANDATORY OCCUPANCY,
STREAM MARGIN REVIEW, AND WAIVERS OF RESIDENTIAL DESIGN
STANDARDS FOR "VOLUME" AND "GARAGE PLACEMENT" FOR THE
PROPOSED BRANDING GROUP RESIDENCE, 270 NORTH SPRING STREET,
NORTH HALF OF LOT 2 AND ALL, OF LOTS 3, 4, 5, AND 6, BLOCK 2,
OKLAHOMA FLATS ADDmON, CITY OF ASPEN.
Parcel No. 2737-073-11-005
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Resolution #98. ,;}./S
WHEREAS, the Community Development Department received an application
from Kristeen Rosenberg of the Branding GToup, owner and applicant, requesting
Conditional Use approval for an Accessory Dwelling Unit of approximately five hundred
and eighty seven (587) square feet, deed restricted to mandatory occupancy, to be located
in a space above a proposed garage,.a request for Stream Margin Review approval for
development within the 100-year floodplain, and a request for variances to the "Volume"
and "Garage Placement" elements of the Residential Design Standards for a new
residence to be located at 270 Spring Street, north half of Lot #2 and all of Lots 3, 4, 5,
and 6, Oklahoma Flats Addition; and,
WHEREAS, the parcel is approximately 14,175 square feet and located in the
Low Density Residential (R-30) Zone District; and,
WHEREAS, pursuant to Section 26.40,090 of the Aspen Municipal Code,
Accessory Dwelling Units in the R-30 Zone District may be approved by the Planning
and Zoning Commission as a Conditional Use in confonnance with the requirements of
said Section; and,
WHEREAS, pursuant to Section 26.68.040 Stream Margin Review, development
within the 100-year floodplain, in confonnance with said Section, may be approved by
the Commission; and,
WHEREAS, pursuant to Section 26.58 Residential Design Standards, the Design
Review Appeal Committee, or any other Board for which land use approval is required,
may waive certain requirements of said Section upon finding the development either (a)
is in greater compliance with the goals of the AACP, (b) exhibits a more effective method
of addressing standard in question, or (c) exhibits a necessary reason for a waiver based
on unusual site specific constraints; and,
WHEREAS, the Housing Office, Water Department, Fire Marshall, Aspen
Consolidated Sanitation District, City Engineering, and the Community Development
Department reviewed the proposal and recommended approval with conditions; and,
WHEREAS, during a public hearing at a regular meeting on September IS, 1998,
the Planning and Zoning Commission approved by a 7-0 vote the Conditional Use for an
Accessory Dwelling Unit deed restricted to mandatory occupancy, approved the Stream
Margin Review, and waived the "Volume" and "Garage Placement" element of the
1111111 1111I11111111I111 1111 11111 IIIIIUIIIIIII 1111 1111
423440 10/20/1998 11,11A RESOLUTt DAVIS SILYI
1 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO
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Residential Design Standards for the Branding Group residence, 270 Spring Street, with
the conditions recommended by the Community Development Department, as amended
by the Commission during the hearing.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for a 587 square foot Accessory Dwelling Unit, deed restricted
to mandatory occupancy, to be located above a proposed garage, the Stream Margin
Review, and the waiver of the "Volwne" and "Garage Placement" elements of the
Residential Design Standards are approved for the proposed Branding Group residence,
270 North Spring Street, with the following conditions:
1. Before the building permit application may be accepted, the applicant shall provide a current
site improvement survey wet signed and sealed by a Registered Engineer or Land Surveyor.
2. The Planning and Zoning Commission hereby approves the 587 square foot Accessory
Dwelling Unit, as represented. The Zoning Officer shall measure half of the ADU's Floor Area
as contributing to the maximum allowable for the parcel as the unit shan be deed restricted to
mandatory occupancy.
3. Before issuance of a building peIDlit, the Accessory Dwening Unit shall be deed restricted and
registered with the Housing Authority. Prior to issuance of a Certificate of Occupancy, the
Unit shan be inspected by the. Housing Authority or the Zoning Officer to ensure the unit was
built in substantial conformance with the permit plans and this Resolution.
4. The peIDlitplans shall designate one on-site parking space for the Accessory Dwelling Unit
which is not stacked with a space for the primary residence.
5. The Planning and Zoning Commission hereby waives the "Volume" and "Garage placement"
elements of the Residential Design Standards for this project. Any substantial change to the
proposed residence which necessitates an additional or different variance from the design
standards shall require review and approval by the Design Review Appeal Committee, or any
other board from which the project requires land use approval.
6. The building envelope for this parcel shall coincide with the zoning setbacks for this parcel.
The top-of-slope does not occur within the parcel boundaries. The front yard shall be measured
from the Bay Street parcel line. No development may occur outside of this building envelope
accept as represented on the proposed landscape plan. The applicant shall provide a landscape
plan, with the building envelope shown, with the building permit set for review and approval.
7. The building envelope shan be barricaded to protect existing vegetation prior to issuance of a
building permit. Adequate construction access should be placed to minimize disturbance to the
existing vegetation but does not need to be barricaded.
8. All exterior lighting shall be downcast and not used to accentuate architectural or landscape
features of the property.
9. The applicant shall, to the extent practical, coordinate the relocation of the cabin and smaller
accessory structure with Denise Reich, neighbor. This condition shall!lQt be construed to be a
condition of this development proposal.
1111111111111111111111111111111111111111111111111111111
423440 10/20/1991 11.IIA RESOLUTI DqyIS SILVI
2 of 4 R 21,00 D 0.00 N 0.00 PITKIN COUNTY CO
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10. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 of the Code.
1 I. Prior to issuance of a building permit, the applicant shaH complete a tap pennit and shaH pay
aH connection charges due to the Aspen Consolidated Sanitation District. The applicant
shall connect the AOU to the sanitary sewer in a manner acceptable to the ACSD
superintendent.
12. Prior to issuance of a building penn it, the applicant shall obtain a pennit from the
Environmental Health Department for any certified woodstoves or gas log fireplaces (new
coal- & woodbuming fireplaces are not allowed).
13. Prior to issuance of a building permit, the applicant shall submit a drainage report and a
drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil
Engineer which maintains sediment and debris on-site during and after construction, If a
ground recharge system is required, a soil percolation report will be required to correctly size
the facility. A 2 year stonn frequency should be used in designing any drainage
improvements.
14. Prior to issuance of a Certificate of Occupancy, the applicant shaH provide a Floodplain
Elevation Certificate, demonstrating the structure has been constructed according to
requirements of building within the floodplain, to the City Engineer.
15. Prior to issuance of a building pennit, the applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
16. All utility meters and any new utility pedestals or transfonners must be installed on the
applicant's property. and not in any public right-of-way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Meter locations must be accessible for reading and may not be obstructed.
17. The applicant must receive approval for any work within public rights-of-way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
18. All construction vehicles, materials, and debris shall be maintained on-site and not within
public rights-of-way unless specifically approved by the Director of the Streets Department.
AH vehicle parking, including contractors' and their employees', shaH abide by the 2 hour
residential parking limitation of the area. The applicant shall infonn the contractor of this
condition.
19. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p,m.
20. Before issuance of a.building permit, the applicant shall record this Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee
to the City Clerk who will record the resolution.
21. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
IIIIIIIIIHI 11111111I11111I1111111111111111111111111111
423440 10/20/1198 11: 11A RESOLUTl DAVIS SILVl
3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO
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MAY IT FURTHER BE RESOLVED by the commission:
that with regards the proposed, guest parking aloI1&I~e noAh ~i,s\li.~.t;~e pr?~erty w~ch
represents a second curb cut disallowed by thet!eK~d'li, t\1El tjjsposltlon of this
Planning and Zoning Commission is that u\lP 'cur\',iqg,anl.j,ilu~ ljiil~ofBay Street the
City should a1\ow for a second curb cut forA ~lA,!:h~jll>jJ&a.l This disposition
does not create a legal or vested right. ... ~8 ,,", t', , ~ "'! Cl .,:':)~\
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APPROVED by the Commission at its regular meeting on September 15, 1998.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
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Sara Garton, Chair
r ATTEST:
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423440 10/20/1981 11:l1NA0~f,iJN COUNTY CO
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130 S. Galena Sl.
AspenC081611
(970) 920-5090
(970) 920-5439. fax
Aspen Community
Development
Department
Fax
To: Herb Klein From: JameS Lindt
Fax: 925-3977 Pages:
Phone: Date:
Re: Pfeifer ADU Amendment CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
Hi Herb.
Please find attached the approve Pfeifer ADU conversion decision notice. Please have the Pfeifers
sign the decision notice and return it so that we have an executed copy for our files. They will need to
contact Cindy Christensen to have a standard ADU deed restriction prepared and recorded. Please let
me know if you have any questions.
Thanks.
James
,.-......->-"'-~,-~_._.--...< .........~."-~-~~.".~_..~.._..__..<.,,_..~*~......,_....-..~....
-
~irrN, COTE & EDWARDS, LLCl
ATTORNEYS AT LAW
HERBERT S. KLEIN
LANCE R. cort, PC.
JOSEPHE. EDWARDS, III, PC
EBEN P. CLARK
MADHU B. KRlSHNAMURTI
hsk@kcelaw.net
Irc@kcelaw.net
jee@kcelaw.net
epc@kcelaw.net
mbk@kcelaw.nel
201 NORTH MILL STREET, STE. 203
ASPEN, COLORADO 81611
TELEPHONE: (970) 925-8700
FACSIMILE: (970) 925-3977
. also admitted inCalifomia
February 9, 2006
VIA HAND DELIVERY
James Lindt
Aspen Community Development Department
130 S. Galena St.
Aspen, CO. 81611
Re: Pfeifer Application to Convert an EDU Deed Restriction to an ADU Deed
Restriction - 270 N. Spring St., Aspen, CO (the "Property").
Dear James:
This office represents Gene and Linda Pfeifer, the owners of the Property described
above. Recently the Pfeifer's submitted an application to the Community Development Office
seeking approval to convert an EDU restriction on the Property to a voluntary ADU under
section 26.520.090. The Pfeifer's paid the filing fee and expected the application to be
processed. The Pfeifer's also provided you with their tax assessment information and were told
that under the Code's formula for the conversion, which expressly states that it is based on the
Assessed Value of the Property, the amount they would have to pay was $22,927,60. Shortly
after that, they were told that the Director of Community Development said that the Code's
formula should use the Actual Value of the Property, not its Assessed Value. By using Actual
Value, the amount payable would be $288,025,68. Clearly, this is a substantial increase in the
amount that should be payable using the Code's formula.
We disagree with the Director's application ofthe Code. We question whether this is
even an issue that can be interpreted by the Director since the Code's language is clear and
unambiguous. The Code not only refers to the Assessed Value in the formula, but there is also an
interpretative note placed in the Code directly below the formula that re-iterates that the
Assessed Value is to be used. This note states:
"The assessed value ofthe lot plus improvements shall be that value assigned to the lot
and improvements in the most current assessment made by the Pitkin County Assessor."
Mr. and Mrs. Pfeifer recently received their 2005 tax bill which contains an updated
Assessor's valuation of the Assessed Value which has increased from $378,040 to $384,450.
Under the formula, the payment for the conversion is calculated as follows: 268 (bonus floor
area) x 384,450 (assessed valuation)/ 44 I 9(floor area excluding bonus floor area) = $23,315.82.
..O_,_______^_.,'__"'____~_____'_._.,..__._
-
James Lindt -
Aspen Community Development Department
February 9,2006
Page 2
A check payable to the AspenlPitkin County Housing Authority in that amount is attached with
this letter. If the check should be payable to a different entity, please let me know immediately
and we will provide it.
The Code is clear and we request that you process the application using the components
of the formula as stated in the adopted Code.
Notwithstanding our request for processing this application under the Code's Section
26.520.090, we do not waive our right to challenge the EDU deed restriction and its
enforceability based upon applicable state and federal law.
Thank you for your assistance in handling this matter. I look forward to hearing from you
shortly.
Very truly yours,
KLEIN, COTE & EDWARDS, LLC
By:;(t~/C~'* . ,
Herbert S. Klein ~
Enclosure
cc: Gene Pfeifer
Pfeifer\lindt Itr vl.doc
Jan 18 06 01:44p
EugO"le M. Pf'eif'er, I I I
501,'025-8135
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