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HomeMy WebLinkAboutcoa.lu.cu.926 & 936 E Hopkins.A56-97Ip\ a../ ~ Y \. i C ~~~,. ~ l~ ~~ N o~m 2. '~ s ,~_ , 4..r ...~ Memorandum DATE: July 29, 1997 ` + D To: Stan Clawson, Community Development D' ector t~pp~~ v FROM: Julie Ann Woods, Deputy Direct _ ~ t'~ ~ 1997 elm RE: Insubstantial Amendment to Approv Conditional JUG 2i piREG Use for two ADU's within a duplex, 9 and 936 E. pEVEL~rt'"~1 Hopkins ~~MUMTI C1~ QF pgPEN CC: Sara Thomas SUMMARY OF REQUEST: Attached is a request from Tom White, Owner/Paztner requesting permission to "install interior attaching doors" within each of the two ADU's and the principal units they aze attached to. On May 7, 1996, the Planning & Zoning Commission approved Resolution No. 96-21, the conditional use for the two attached ADU's, subject to several conditions, including: "The applicant shall revise the azchitectural floor plans in order to create Accessory Dwelling Units that are totally separate from the two (2) primary residences." The minutes from that meeting are attached which addresses in detail many of the concerns of the P&Z members at that time. STANDARDS FOR AMENDMENT OF DEVELOPMENT ORDER: Under Section 26.60.080, "An insubstantial amendment to an approved development order for a conditional use may be authorized by the planning director. An insubstantial amendment shall be limited to changes in the operation of a conditional use which meet all of the following standards: 1. The change will not cause negative impacts on pedestrian and vehicular traj~c circulation, parking or noise; and 2. The change will not substantially affect the tourist or local orientation of the conditional uses; and 3. the change will not affect the character of the neighborhood in which the use is located; and 4. The change will not increase the use's employee base or the retail square footage in the structure; and 5. The change will not substantially alter the external visual appearance of the building or its site. ANALYSIS: Staff believes that the addition of an interior door between each primary residence and their respective ADU will meet all of the standazds set forth above. There will be no affect on traffic or pazking, no impacts to the local orientation or tourist orientation of the use, there will be no affect on the chazacter of the neighborhood, no increase in employee base, and no visual impact whatsoever. RECOMMENDATION: Staff recommends that the Planning Director approve this insubstantial amendment to the approved development order for this conditional use, with the following conditions: 1. That the applicant be required to submit a revised architectural floor plan which shows the modification to the ADU's. This should be submitted with the building permit application; and 2. A copy of this insubstantial amendment should be included in the case file for the Braden Duplex, (conditional use) 926 and 936 E. Hopkins, filed in the city Clerk's office. If you agree with this recommendation, please sign here, and I'll forward a copy to the applicant as well as the Building department and the zoning administrator. Stan Clauson,l3irector of Community Development JUL.25.1997 8:03RM VFIC JUL.Zd,1997 4:07PN WFP IC's, July 24, 1997 To :Stan Clausen City of Aspen ltru Ferua . Sues ~ xeerurs From; Wendalin Whitman Whitman Fine Propemes RE; ADU units located at 926 and 936 East Hopkins, Aspen Dear Mr. Clausen, N0.440 P.lil N0.726 P.1 ~~ I attended the meeting at the Ritz Carlton on July 23, 1997 which was called " Everything You Ever Wanted to Know About City Land Use." buring the panel an ADU units, I asked various questions as tp why the city thought (t wee important to not permit ADU units to attach on the interior to the main household. In other words, ADU units would only be allowed an external entrance which is strongly debilitating to a household wanting to rent to a potential caretaker or nanny. I was then Informed by you verbally, nar oo uld not be denied to ADU units. Our project located a 6 and 936E opkins has been categorically denied the right to have an Interi netting the ADU unit to the main household. Our ADU units are not deed restricted and they are not required to be rented. At this time, based on your response and the knowledge that potential buyers find it extremely inconvenient to have a caretaker or nanny unit that does not attach, we are requesting permission to install (nterlar, attaching doore, Potential Buyers feel that a local person Who may be' allowed to rent that unit would also b® affiliated to the main house as a caretaker or even just as a guardian when homeowners are away. This is why It Is Important to us and we know will result In a higher gross salsa prig, more transfer tax for the housing authority, and a subsequential win-win sltua~tion. Since we have no way of enforcing whether or not fire unit will be rented, why not atleast make it convenient for a homeowner. They can always make the door lock on the inside If they should decide to rent out fihe unit to an independent Individual who is an employee of Aspen. I know that awin-win situation is your intention as well as ours. Thank you for your immediate cansiderafion in thi Very Sincerely, Wendalin Whi Listing broker 21o s. Hnau+eveNUe, 5mra lol • ~,, ColoAwo 81611 • Tsi. (~70> 544.3n1 • ResIDe~e (g7o) 9..o-96og • Fix t97o) 5g-37n • s-Msr. ~eaa~~ INSIIBSTANTTAT• AMENDMENT TO APPROVED CONDITIONAL IISE Application Package Contents Attached is a Development Application package for submission of your application. Included in this package are the following attachments: 1. Application Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application ~ 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre-application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover AT~~2TT 1 ~` U1ND USE APPLICI~TION FURM ~) Project Name -The. (~a n ~c@.s CD~d.~ vtn ~ n ~ ern S z> Project 7lxation l ~-b '1" ~ ~J (a E • '-{~ /~~~ 1 ~(S ;asr~~J /kuDrnonl 'rfl7a~ C.r (indicate street address, lot & appropri:: ~.e) -~ wnl s ,-rim a ~ R ~- 2 7nmfer~ legal description Where Z-~c 3) Prnsent Zoning ~' J r~ 4) Iat Size ly~~ilO s) Applicant's Name, Address & Phone # ~V 4 2~ D ~1 ELa ~ M E!V i _~ 1. LC `lam - 9(a~-8~90 9a~ 6) Representative's Name, Addzess & Phone $ ~J,EIJDIq Lt N ~N' ITy'-~-~ ~~ ~ ~z , A•sPF of C.J ~i b 1 z ~9~) spy- 3 ~ ~j 7) type cf Application (please drec~c all that apply): _ Cbnlitional Use Gbnoeptr~il SPA ~r>oeptual Iistoric Dev. ._.~._ SnS~b~tw.hi.( l~w~...1w~r.~ Special Review Final SPA Final Historic Dc'v. 8040-c~ienline Stream Margin _ Cbfloepttilal FZJD Final H7D Mountain View Plane Subdivision _ Corc3rxni nittmi ration _ 'DPXt/M3p Amonrimont _ Iot Split/Ir~t Line Adjustment _ ~tiaai -r 99vJ 8) Desc-iption of F,ri ct-ing Uses (ra mtv~r aryl type of ~c'i ctirr~r Stri]CtlrrPS; appmri,,,ate sq. ft. ; nm1bPS of bedLVC~; any pmvious approvals granted to the P~-Y) - 1 }, ~iYl%:lf, 1 ~.~.Y~U J_~~.,(/71.0. 9) Description of Development Application ~y 10) Have you attached the following? R~^~ to Attadmient 2, Minimffi Sl~tmi_ssion ~rrtents Response to Attac3~srt 3, Specific ~,tmiccion CYirrterrts Response to AttacYumerrt 4, Review Sea.,-3arr~~ for Your Application Minor Histoxzc Ik'v. Historic Ik~olition Historic Designation CSY,~ AL1otmPSrt _. ) : a ' ~ : ~ . 1 - r i ATTACffi~NT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials.. 1. The applicant's name, address and telephone number, contained within ,a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which t`~he development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to .practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 15J A written description of the proposal and an ~J explanation in written, graphic or model form of w~- / how the proposed development complies with the review standards relevant to the Development Application. ~`~~ / Scc~nrlCe~/ attach2.applications /"` ., ATTACf~IENT 3 Specific Submission Contents: Insubstanti Amendment or Exemption Approval By Planning 'rector The reque for Planning Director appro 1 of an Insubstantial Amendment o Exemption shall contain th following items: 1. A wr ten description of t e existing conditions on the prope y which are re sted to be altered via the amendme t or exemption. 2. Such sit plan dr ings or elevations as may be necessary adequa ely evaluate the proposed amendment or exemption. 3. A listing of al previous development approvals granted to the prope y, with the approximate dates of said approvals. 4. A copy off' any rec ded document which affects the proposed development, including but not limited to recorde plats, agreem is and deed restrictions. If change are proposed to aid recorded documents, these shoul be "red-lined" o to a copy of the original doc ent. at3 . insubstafitial / ^. ATTACHIKENT 4 Review Standards: Development Application for Insubstantial Amendment to Approved Conditional IIse An insubstantial amendment to an approved development order for a conditional use may be authorized by the Planning Director. An insubstantial amendment shall be limited to changes in the operation of a conditional use which meet all of the following standards: ~) r / ~y/~~ \ ~ l f I ~`N (J` ~ 1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and 2. The change will not substantially affect the tourist or local orientation of the conditional use; and 3. The change will not affect the character of the neighborhood in which the use is located; and 4. The change will not increase the use's employee base or the ret ail square footage in the str- ucture; and 5. The change will not substantially alter the external visual appearance of the building or its site: v~`" G (~ ,.,, Attachment 6 ~^, General Summary of Consent Agenda/Staff Approval Application Process 1. Application Types: The following are the Development Applications which are processed as staff level approvals: * Exempt Historic Development * Exempt ESA Development * GMQS Exemption for remodeling or reconstruction, minor development to a historic landmark, development of a single family or duplex dwelling or minor expansion of a commercial or office use. * Minor Amendments to approved Conditional Use, Special Review, SPA, PUD, Subdivision or GMQS. 2. Development Review Procedure Summary: The zero step staff approval application process is shown in the attached fig~es and can be described as follows. Stage On Attend pre-application conference. Th purpose of this ~e-on-one meeting with staff is t determine whether your development proposal can be pr ssed at the staff level an if so, to identify the mat als staff will need to review y r application. Stage Two: Submit velopment appl' tion. Based on your meeting with staff, y should r pond to the appropriate portions of the applicati pac ge and submit the requested number of copies of a lete application, with the appropriate processing fee the Planning Office. Stage Three: Determ' ation of pleteness. Within five working days of the ate of your sub fission, the application package will be ~ iewed by a member the staff. You will be notified i writing of whether he application is complete or additional materials are required at this time. Stage Four: Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. Within five working days, a memo will be written by the staff member for signature by the Planning Director. ,The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved.