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HomeMy WebLinkAboutLand Use Case.CU.777 Castle Creek Dr.A23-92f CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 3 06 92 PARCEL ID AND CASE NO. DATE COMPLETE: 2 2735 - 122 -06 -002 A23 -92 STAFF MEMBER: KJ PROJECT NAME: Burton /Allen Conditional Use Project Address: 777 Castle Creek Dr'v Aspen, CO 81611 Legal Address: C.0T)a(& APPLICANT•_ CoApplicant: REPRESENTATIVE: Representative Address /Phone: Aspen, CO 81611 -------------------------------------------------------------- PAID: YES NO AMOUNT: _$ Nf C NO. OF COPIES RECEIVED __2L3 __ TYPE OF APPLICATION: 1 STEP: X 2 STEP: P &Z Meeting Date PUBLIC HEARING:<:;Y:Ep NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Insubstantial Amendment or Exemption REFERRALS: V too Paid: Date: Mtn Bell School District Parks Dept. Rocky Mtn NatGas Holy Cross State HwyDept(GW) Fire Marshall State HwyDept(GJ) Building Inspecto Roaring Fork Energy Center DATE REFERRED: -����� FINAL ROUTING: Other�� INITIALS: [A � yt.� & DATE ROUTED: �INITIAL:� ��`� U City Atty City Engineer CZZoning _Env. Health Housing Other FILE STATUS AND LOCATION: City Attorney City Engineer Housing Dir. Aspen Water City \ 1 Electric Envir.Hlth. r Aspen Con.S.D V too Paid: Date: Mtn Bell School District Parks Dept. Rocky Mtn NatGas Holy Cross State HwyDept(GW) Fire Marshall State HwyDept(GJ) Building Inspecto Roaring Fork Energy Center DATE REFERRED: -����� FINAL ROUTING: Other�� INITIALS: [A � yt.� & DATE ROUTED: �INITIAL:� ��`� U City Atty City Engineer CZZoning _Env. Health Housing Other FILE STATUS AND LOCATION: 4356662 05/10/93 14:05 Rec $15.00 BK 711 PG 668 Silvia Davis, Piti -A n Cnty Clerk, Doc $.QO ACCESSORY DWELLING UNIT DEED RESTRICTION APPROVED PURSUANT TO ORDINANCE 60 (COTTAGE INFILL), ORDINANCE ONE (HOUSING REPLACEMENT PROGRAM), AND SECTION 5 -510 OF THE ASPEN CITY LAND USE CODE, AND RESOLUTION #92 -21 THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this 6th day of May, 1993, by Marvin O. Burton and Douglas P. Allen, ( "Coventor ") for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen / Pitkin County Housing Authority, a multi - jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office ( "Authority "). WHEREAS, Coventor owns that parcel of real property located at 777 Castle Creek Drive, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 10, Castle Creek Subdivision, upon which is situate a free market dwelling contained within which is a 380 net liveable square foot studio accessory dwelling unit ( "Unit "); and WHEREAS, Coventor agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Coventor hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing "resident- occupied" dwelling units. 2. Coventor need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be fore a period of not less than six (6) consecutive months. Coventor shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations 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 provisions thereof through any proceedings at law or in equity, including eviction of non - complying tenants. A r A #356662 05/10/93 14,05 Fec $15.00 8K 711 PG 669 Silvia Davis, Pit4:.in Cnty Cler4::1 Doc s.00 4. It is understood and agreed by the Coventor that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of 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. IN WITNESS HEREOF, Coventor has placed its duly authorized signature hereto on the date as described above. COVENTORS: By: . Burton P. Anen Mailing Address: 600 East Hopkins, Suite 302 Aspen, CO 81611 STATE OF COLORADO ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of magi , 19 , by Douglas P. Allen. for Douglas P. Allen and attorney in fact for Marvin O. Burton.. WITNESS MY hand and official seal. My Commission expires: -/ 'r �Z 'A Date AUu L: Op Cut..: NoEary Pplic 2 fir" 1 #35666 05;10/93 14:05 Rec $15.00 BK: 711 PG 670 Silvia Davis, Pitkin City Clerk:, Doc $.00 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen /Pitkin County Housing Authority. THE ASPEN /PITKIN COUNTY HOUSING ORITY By ., David Myl Chairman Mailing Address: 530 East Main Street, Suite 001 Aspen, CO 81611 STATE OF COLORADO ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this /0 day of m k 1913 , by David Myler.,. .... •may WITNESS MY hand and official seal. My Commission expires: Datejj // o 4T 1.' o c Notary P lic \work \dr \hurton.dr 3 .,✓ TO: FROM: RE: DATE: Planning and Zoning Commission Kim Johnson, Planning Office Burton -Allen Conditional Use for an Attached Accessory Dwelling Unit April 21, 1992 SUMMARY: Staff recommends approval of Conditional Use for the Burton -Allen attached accessory dwelling unit with conditions. APPLICANT: Marvin Burton and Douglas Allen LOCATION: The parcel is at 777 Castle Creek Drive, Lot 10 of Castle Creek Subdivision ZONING: R -15 APPLICANT'S REQUEST: The applicant is requesting Conditional Use approval to develop one attached accessory dwelling unit in conjunction with the construction of a duplex. The studio -style accessory unit will be 392 s.f. of net livable area and will be located on the ground floor of the duplex. Please see Attachment "A" for floorplans and building elevations. STAFF COMMENTS: On the subject property there exists a single family dwelling which will be demolished prior to construction of the new duplex. Ordinance 1 requires replacement affordable housing or cash -in -lieu for demolition of existing residences. The application proposes an accessory dwelling unit in order to comply with Ord.l. Prior to demolition of the existing home, the applicant must verify square footage and number of bedrooms through the Zoning Office. The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7 -304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: This proposed unit will allow the property to house a local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the 5 character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit will not be visible as a distinct unit from the exterior of the duplex. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: The accessory unit will be completely contained within Unit A of the proposed duplex. A parking space is not required by code for a studio accessory unit, but the applicant states that one space will be designated on the property. The unit will access the exterior on the north side of the house. Interior access is provided. No other significant impacts are anticipated. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: All public facilities are all ready in place for the existing home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The proposed deed restricted unit will satisfy the Ordinance 1 requirements for duplex development. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: This use complies with the Aspen Area Comprehensive Plan and any other applicable conditional use standards. Please Note: As this accessory dwelling unit is 100% above grade, the main structure is eligible for floor area bonus as allowed by Ordinance 1. Section 8 -104 l.d. allows the Commission to approve accessory dwelling units to be exempt from growth management competition. This proposal qualifies upon approval of its conditional use review. STAFF RECOMMENDATIONS: The Planning Office recommends approval of Conditional Use for a 392 s.f. attached accessory dwelling unit for the Burton -Allen duplex with the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen / Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits for the duplex, a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 3. One parking space shall be provided on -site for each accessory dwelling unit. 4. Prior to demolition of the existing residence, the applicant shall verify its square footage and number of bedrooms with the Zoning Official. 5. 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 oth _qr conditions. (0 • u a �, �a/ �;, �G ��.t Arc e„� RECOMMENDED MOTION: I move o approve Conditional Use or a 392 s.f. attached accessory dwelling unit within the proposed Burton - Allen Duplex at 777 Castle Creek Dr. with the five conditions /v1a,Ozn�� recommended in the Planning office memo dated 4/21/92 AA Attachments: "A" - Proposed Site Plan, Floorplans, and Elevations Burton.Allen.memo r� ITRESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF THE BURTON -ALLEN CONDITIONAL USE REVIEW FOR AN ATTACHED ACCESSORY DWELLING UNIT LOCATED AT 777 CASTLE CREEK DRIVE (LOT 10, CASTLE CREEK SUBDIVISION) Resolution No. 92 --2L WHEREAS, the Planning Office received an application for a Conditional Use for an attached accessory dwelling unit to be built within a new duplex from Marvin Burton and Douglas Allen; and WHEREAS, the 380 net livable square foot above -grade studio accessory dwelling unit is being provided in accordance with the housing mitigation requirements set forth in Ordinance 1, Series 1990, pursuant to the demolition of a single family residence at that location; and WHEREAS, the Planning Office reviewed the proposal and recommended approval of the Burton -Allen Conditional Use with conditions; and WHEREAS, at a public hearing at the regular meeting of April 21, 1992 the Planning and Zoning Commission approved by a 6 -0 vote Conditional Use for an attached accessory dwelling unit, amending the conditions recommended by the Planning Office. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Burton - ALlen Conditional Use for a 380 s.f. above grade attached accessory dwelling unit is approved with the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen / Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits for the duplex, a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 3. One parking space shall be provided on -site for each accessory dwelling unit. 4. Prior to demolition of the existing residence, the applicant shall verify its square footage and number of bedrooms with the Zoning Official. 5. The Accessory Dwelling Unit shall be clearly identified as a separate dwelling unit on the building plans submitted for Building Permit. The construction shall conform to Chapter 35 of the Uniform Building Code for sound attenuation requirements. 6. 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. APPROVED by the Commission at its regular meeting on April 21, 1992. 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(7)��t7RooMS (7)SPAC S _ m 1 7 r �6 5+ MARVIN O. BURTON Post Office Box 1224 Aspen, Colorado 81612 March 6, 1992 Aspen / Pitkin County Planning Office Attention: Kim Johnson 130 South Galena Aspen, Colorado 81611 Re: 777 Castle Creek Drive, Aspen, Colorado Lot 10, Castle Creek Subdivision Dear Ms. Johnson: We are enclosing with this letter the following: DOUGLAS P. ALLEN 530 East Main Street Aspen, Colorado 81611 MAR - 61992 00 1. Application for a Conditional Use Permit for an Accessory Dwelling Unit (ADU) accessory to the duplex on the above lot. 2. Policy of title insurance showing ownership of the subject parcel to be in the names of applicants herein -- Douglas Allen and Marvin Burton. There is currently one loan encumbering the property in favor of Pitkin County Bank. Our telephone number and address for the purpose of this application is 530 East Main Street, Aspen, Colorado 81611, phone 925- 8800. The street address of the parcel is 777 Castle Creek Drive, Aspen, Colorado 81611. 3. An 8 -1/2 x 11 vicinity map showing the location of the subject parcel within the City of Aspen. 4. Site plan prepared by surveyor (current certification on plan) and architect --J. R. McCarthy (925- 1996). 5. Floor plan showing the location and dimensions of the ADU. 6. The North elevation of the duplex - -Units A and B, showing the entrance to the ADU. 7. List of property owners within 300 feet of the subject parcel. Aspen /Pitkin County Planning Office Attention: Kim Johnson March 6, 1992 Page 2 8. The conditional use applied for is consistent with the purposes, goals, objectives, and standards of the Aspen Area Comprehensive Plan and with the intent of the zone district as determined by the City Council of the City of Aspen as set forth in both the purpose and enactment provisions of Ordinance 1, Series of 1990. In said Ordinance the City Council did determine that the most equitable method of providing for mitigation of negative impacts of residential development applications for duplex units was to prevent the exclusion of working residence from the City's neighborhoods. With that goal in mind, the Ordinance provides for the construction of an "accessory dwelling unit" within such newly constructed duplex. Thus, the construction of such unit within the duplex not only is consistent with legal requirements but minimizes adverse visual impacts as you will note that although the unit has a separate exterior entrance at grade, it is well integrated into the overall design to give the impression of an entry to a single- family or duplex residence. Off street parking is also provided. This is the type of conditional use that does not generate any need for increased employees but rather provides housing for existing employees. There exist presently adequate public facilities and services to the site to comply with all review standards of the City. Enclosures LTUNOOS MD Use AP MOUTON FPM 1) r,mjoctmo Burton -Allen Duplex 2) project Location 777 Castle Creek Drive: Lot 10, Castle Creek Subdivision. (indicate street address, lot & block number, legal description where appropriate) 3) Present Zan"14 5) 6) R -15 Applicant's Name, Address & phone S Marvin 0 'Douglas P. Allen at 925 -8800. 4) Lot Size 19;732 sq ft Burton at 920 -2560. Representative's Nam Address & Pbone S Same as in 5 above. 7) Type of Application (please check all that apply) : xv Oxxliti_onal Use Oxceptual SPA Oral Historic Dev. Special Review 8040 Qeenil_ine Final SPA Final. PUD Ya urtain View Plane _ Subdivision Nrrkminiumization- _ TexVMap Amer t _ rot Split,/lot Luce Adjustment Final Historic Dev- Minor Historic Dev- Historic DUMOlitiOtl Historic DesigreL'ion (Z6 Allotment W."•. 0.121.• M One existing single- family residence of approximately 1,700 sq ft with three 9) Description of Development Application Duplex residence with one accessory dwelling unit. lo) !lave you attar od the followirW- yes pe� to Attadmrett 2, Minimum SLAxd —+iOn OOntC11ts yes rtasorr-,e to Attadmient 3, Slxrcific Su1mi,— ion COntenL: yes pesponse to Attactment 4, Review Standards for Your Application IL M- r3 2 K v p IJ6 � r % P To 1 P E D ° ORiVE m READ 3 Zo Cob ASPEN f\ Z 0 VIEW * NOT DRAWN TO SCALE �pc UGH ve m I m FF ie MARVIN O. BURTON Post Office Box 1224 Aspen, Colorado 81612 Cindy Christensen Administrative Assistant Aspen /Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 DOUGLAS P. ALLEN 530 East Main Street Aspen, Colorado 81611 Re: Burton /Allen Conditional Use Review for an Accessory Dwelling Unit - -Case A- 23-91 Dear Cindy: Enclosed is the list of property owners within 300 feet of the above subject parcel. Also enclosed are three copies of the dimensional floor plans of the accessory dwelling unit as requested by you. We have mailed copies of the public notice to all of those property owners shown on the enclosed list of property owners. Please correct your file records to reflect the correct address as /777 Castle Cre @k Drive. A P J) DPA /pjh Enclosure cc: Marvin O. Burton LMkO37 Castle Creek Subdivision Lot 7 Frasher Ann Hudson Post Office Box 7967 Aspen, CO 81612 Castle Creek Subdivision. Lot 8 Carol Ann and Donald W. Kopf Post Office Box 956 Aspen, CO 81612 Castle Creek Subdivision, Lot 9 James M. and Carolyn A. Cerise 790 Castle Creek Drive Aspen, CO 81611 Castle Creek Subdivision. Lot 11 Donna Kay Rowlands 770 Cemetery Lane Aspen, CO 81611 Castle Creek Subdivision, Lot 12 John E. and Cynthia A. Callahan 790 Cemetery Lane Aspen, CO 81611 West A=n Subdivision Filing IA. Lot 3 Joseph M. and Judith L. Zanin 00308 McSkimming Road Aspen, CO 81611 West Armen Subdivision Filing 1 Lot 4 Unit 1 Robert P. Winchester Post Office Box 5000 Snowmass Village, CO 81615 West Aspen Subdivision. Filing 1. Lot 4. Unit 2 Joachim J. and Renate F. Weimann 775 Cemetery Lane Aspen, CO 81611 West Agen Subdivision, Filing 1. Lot 5 Golden Condominiums Unit 1 Henry and Ellen Goldsmith 793 Cemetery Lane Aspen, CO 81611 West Armen Subdivision, Filing 1. Lot 5 Golden Condominiums Unit 2 Edward Schwarz 135 South LaSalle Street, Suite 2035 Chicago, IL 60603 Sams Condominiums. North Unit James and Mary Hokanson Post Office Box 189 Reedsburg, Wisconsin 53959 Sams Condominiums, South Unit Ore Bucket Associates c/o Robert T. Connery Holland & Hart Post Office Box 8749 Denver, Colorado 80201 Horan Condominiums, Unit A J. L. Pardee Post Office Box 4153 Aspen, CO 81612 Horan Condominiums, Unit B Gary S. Esary Post Office Box 8725 Aspen, CO 81612 Lot 8. West Aspen Subdivision. Unit 1 Jean, John, Nina, and Judith Amabile and Mary Bash Post Office Box 10546 Aspen, Colorado 81612 Lot 8. West Asoen Subdivision. Unit 2 Marilyn C. Beer Suite 1003 612 Abe Lincoln Court Arlington, Texas 76011 Transaeternitates Condominiums, Unit 1 Betsy P. Black Post Office Box 3904 Aspen, CO 81612 Transaeternitates Condominiums, Unit 2 Benton G. Smith 825 Cemetery Lane Aspen, CO 81611 Keystone West Condominiums. Unit 1 John B. Stege Post Office Box 8355 Aspen, CO 81612 Keystone West Condominiums. Unit 2 Lelia T. Stege Post Office Box 8355 Aspen, CO 81612 810 Cem=Z Lane Condominiums, Unit A Eve Homeyer 810 Cemetery Lane Aspen, CO 81611 810 Cemetery Lane Condominiums. Unit B Robert P. Winchester Post Office Box 5000 Snowmass Village, CO 81615 RE \249.03032 C I 1� Q, I I r M Q, i, a • - o ° 0 I 1� k G it fl It �) l i II � C0 iI K Ot ,