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HomeMy WebLinkAboutLand Use Case.CU.534 Spruce St.66A-89CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6 420 89 DATE COMPLETE: - IN PROJECT NAME: �- PARCEL ID AND CASE NO. 2737- 074 -10 -030 66A -89 STAFF MEMBER. gyp. \�� PAID: ygg NOpU _ N_ A _ NO. OF COPIES RECEIVED: I TYPE OF APPLICATION: 1 STEP: 2 P &Z Meeting Dat $ j CC Meeting Date Planning Director Approval- Amendment REFERRALS: City Attorney x City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consol. S.D. DATE REFERRED: FINAL ROUTING: DATE ROUTED: City Att _�.. Housing y Other Engineer _ Zoning Env. Health FILE STATUS AND LOCATION: STEP: PUBLIC HEARING: ES Rocky Mtn Nat Gas State — < Fire Marshal State Hwy Dept(GW) Dept(G7) Building Inspecto L,�s,A, NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO or Exemption: Paid: Date: Mtn. Bell Parks Dept. School District Holy Cross Rocky Mtn Nat Gas State — < Fire Marshal State Hwy Dept(GW) Dept(G7) Building Inspecto L,�s,A, Roaring Fork �wl' Other Energy Center 9 INITIALS: REPRESENTATIVE: Same Representative Addrecc /Dr, .. On September approved the conditions: 5, 1989 Bennett conditional ng and Zonin -- nualLlon the Aspen planni use with g Commission the following 1. Prior to final p Building Department the s ection by the with applicant Zoning Official and the Plan for the existing Office must provide the Housi square footage$#, unit, and c alculations of e g livable prepare a deed restriction our records. exact net be filed prior to acceptable to Further, the applicant will be required f any building Authority the unit apply for have any and all Finally, the Housing Authority it a Prior to occupancy and the deed qualification and verification tenants shall so state. by the restriction 2. Prior to final inspection Building Department the by the Join an improvement applicant shall Zoning official and the districts and dedicate a 4,X4agree to y future ljl /bennett Pedestal easement. 5 TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Bennett Conditional Use DATE: September 5, 1989 SUMMARY: The applicants seek to convert their bandit unit into an accessory dwelling unit. Pursuant to Section 5 -510, a bandit unit may be converted to an accessory dwelling unit as a conditional use requiring review from the Planning and Zoning Commission. The Planning Department recommends approval of this conditional use. APPLICANT: Mick and Jan Bennett LOCATION: 534 Spruce Street, The Williams Addition, City of Aspen ZONING: R -6 APPLICANT'S REQUEST: Convert the bandit unit into an accessory dwelling unit. REFERRAL COMMENTS: Fire Marshall No comment. Building Department In a memo dated August 18, 1989, the building department indicated that an inspection of the bandit unit found the unit is compliance with the code. The unit has no Life /Safety problems. Please see the attached copy of inspection report. Enaineerina In a memo dated August 1, 1989, the Engineering Department, after a site visit and review of the application has the following comments: a. Improvement district - the applicant should agree to join any future improvement districts. b. Easement - we would like a 4 pedestal easement. Housing In a memo dated August 7, 1989, Janet Raczak recommended that the applicant provide the Housing Office with a plan for the existing unit, and calculations of exact "net livable square footage ", for our records. Further, they must prepare a deed restriction acceptable to the Housing Authority to be filed prior to issuance of any building permit. The applicant can contact the Housing Office for assistance in preparing such a deed restriction. Finally, the applicant will be required to have any and all potential tenants for the unit apply for qualification and verification by the Housing Authority prior to occupancy and the deed restriction shall so state. STAFF COMMENTS: Currently there is a 1659 square foot 3 bedroom unit with a 750 square foot bandit unit on a 7500 square foot site. Ordinance 11, Series of 1989, amended the R -6 zone district to allow a duplex on a 7500 square foot lot if the lot was subdivided and annexed subsequent to January 1, 1989. The applicants wish to add a duplex unit onto their existing single family. In order to proceed with their development proposal the bandit unit must be either eliminated or converted into an accessory dwelling unit. The applicant has elected to convert to an accessory dwelling unit. Section 5 -510 A & B of the Land Use Code enables the conversion of a bandit unit to an accessory dwelling unit as a conditional use. An accessory dwelling unit, containing not less than 300 square feet, shall be deed restricted as a Resident Occupied Unit and be rented for periods of six months or longer. Section 7 -304 outlines the review criteria for a conditional use: 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: According to the application, when the Williams Addition was annexed the Planning and Zoning Commission and the City Council considered two zoning designations, they were R -6 and RM /F. RM /F because of the proximity to Hunter Creek and Centennial Apartments. The R -6 zone was decided upon to better preserve the character of the neighborhood. The R -6 zone is described as a moderate density residential zone district. It was noted at the time of rezoning, that the surrounding high density may warrant, in some cases, multiple family residences in the Williams Addition. The conversion of the bandit unit to an accessory dwelling unit, instead of eliminating it, corresponds with the City's goals to provide affordable housing in all parts of the city and to preserve the existing housing that is available at affordable rates. B. The conditional use is consistent and compatible with the 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 E the parcel proposed for development. RESPONSE: The applicant submits that duplexes and bandit units are the "norm" of the neighborhood. The property is surrounded by multiple family units. The applicant also believes that they are creating a well -kept dwelling in the midst of older, but not historic dwellings. At the time of annexation and rezoning the Williams Addition property owner's were concerned about the ability to build duplexes. Owners of existing duplexes were concerned about becoming nonconforming. Ordinance 11 now provides the ability for owners to develop duplexes on a 7500 square foot lot. Ordinance 7, Series of 1989, requires that duplexes being built in the RM /F and Office zones provide either a middle income unit or two accessory dwelling units. Staff is working on an ordinance that will extend this concept to all residential zones. The provision of an accessory dwelling unit within a duplex is compatible with the surrounding area and the City's proposed duplex legislation. 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 proposed accessory dwelling unit is contained entirely within the existing single family structure. The unit has been occupied for several years. As noted by the building department the accessory dwelling unit complies with code and satisfies Life /Safety issues. 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: The accessory unit was created out of one bedroom, one bath and the family room of the original unit. No new public facilities were required for this additional unit. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: Not applicable. By converting the bandit unit into an accessory dwelling unit the applicant is preserving affordable housing. 3 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: The total proposal complies with all the dimensional requirements of the Land Use Code. The Code also enables the development of a duplex on this size of lot. Most importantly, rather than eliminant the bandit unit in order to build the duplex, the applicant is maintaining the affordable housing on site which is a priority of the City. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission approve the conditional use with the following conditions: 1. Prior to final inspection by the Zoning Official and the Building Department the applicant must provide the Housing Office with a plan for the existing unit, and calculations of exact "net livable square footage ", for our records. Further, they must prepare a deed restriction acceptable to the Housing Authority to be filed prior to issuance of any building permit. Finally, the applicant will be required to have any and all potential tenants for the unit apply for qualification and verification by the Housing Authority prior to occupancy and the deed restriction shall so state. 2. Prior to final inspection by the Zoning Official and the Building Department the applicant shall agree to join any future improvement districts and dedicate a 4 pedestal easement. ljl /bennett 4 ASPEN *PITKIN 't oEGIONAL BUILDING DEF,')RTMENT 130 South Galena Aspen, Colorado 81611 303/990 -6440 BUILDING INSPECTION CHECK LIST Insnpntinn Reinsoection Partial Complete Permit No. _STEEL(REBAR) ELECTRIC PLUMBING _ MECHANICAL BUILDING Footings _ Constr. Service_ Underground _ Rough _ R•Frame Cassions _ Underground _ Waste &Vent _ Flue(s) — Insul. Wall Rough _ Water Pipe F.P. Flue(s) — Drywall _ Wall Cores Perm. Service _ Gas — Combust. Air Special Struct. Slabs Final _ Final — Final _ Mobile Home — Damp Proof _ Fire Air Cond. — Final Sprinklers Foun. Insul. Kitch. Hood — Zoning 4 jj�' ' { Found. Drain Accepted Accepted as Noted Rei n s pection Fee $30.00 Yes No I No. Bdrms. Rejected— You are ordered to make the following corrections on the construction which is now in progress. Auk - Instructions to Inspector L Kitchen—Tub— ower_Lay. W.C. Ice— W. Bar— Tub /Shower_ Jacuzzi_ Bidet_Floor Drai Laundry — Clothes Washer._ Hot Tub_ D.W. Jacuzzi w /Shower _ Ot _ County Time of Arrival Time of Depa Address 3 �n �f� � Phone Job �0 - � �J� Office Subdivision Request Recd Dag Time Name Contractor �JL J VL(� Reques for j{ T W I F A.M M. 'me Owner �) k �l ✓ n_oDate Insp 4 Inspector Independence Press, Inc. Rev. tt /ae R f TO: City Engineer Housing Director Fire Marshal* Building Inspector* FROM: Leslie Lamont, Planning Office RE: Bennett Conditional Use Review Parcel ID# 2737- 074 -10 -030 DATE: July 19, 1989 Attached for your review and comments is an application from Mick Bennett requesting Conditional Use Review approval for an existing accessory dwelling unit. Please review this material and return your comments no later than August 18, 1989. Thank you. *A life /safety inspection is needed since the applicant is seeking to "legalize" an existing unit. Please detail any recommended upgrades you feel are needed. Thank you. MEMORANDUM TO: Leslie Lamont, Planning FROM: Janet Raczak, Housing RE: Bennett Conditional Use Review DATE: August 7, 1989 PROPOSAL: The applicant, Michael A. Bennett, currently owns a home at 534 Spruce Street, Lots 3 and 4, Block, 10, Williams Addition, Aspen, which contains two units, a 1650 s.f. 3 bedroom unit and a 750 s.f. "bandit" unit. The applicant is requesting approval to legalize the existing "bandit" unit by converting it into an "Accessory Dwelling Unit" and adding an additional 1600 s.f. unit. The total project would then contain, a 1600 s.f. 3 bedroom unit, a 1650 3 bedroom unit and a 750 s.f. accessory dwelling unit. DISCUSSION: Section 5 -510 Accessory Dwelling Units, of the City Code (Ordinance 47) states: "The Accessory Dwelling Unit shall contain not less than 300 square feet of net livable area and be located within or attached to a principal residence. It shall meet the definition of a Resident Occupied Unit and be rented for periods of six months or longer. The owner of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the Accessory Dwelling Unit." The applicant indicates that the unit contains 750 s.f. and therefore meets the requirement that it contain not less than 300 s.f. of net livable area. Further, the applicant contends that the structure is currently a duplex unit which consists of the "bandit" unit and an 1650 s.f. 3 bedroom unit. Therefore, the unit is located within or attached to a principal residence. The Code further states, in Ordinance 47: "Resident Occupied Unit means any dwelling unit which is limited, by deed restriction or other guarantee running with i:he land, to occupancy "but not to price or income limitations) by qualified employees in Pitkin County, meeting the guidelines or approval of the City Council's housing designee. When considering granted approval to an individual not meeting the guidelines as a qualified employee, the housing designee shall take into account the length of 1 residence of the individual in the community, and the place where he or she votes and pays personal income taxes." Therefore, the applicant is required to deed restrict the existing bandit unit guaranteeing that the occupancy of the unit will be held by a qualified employee of Pitkin County according to the Housing Guidelines. The unit is not, however, limited with respect to price or income. RECOMMENDATION: The applicant must provide the Housing Office with a plan for the existing unit, and calculations of exact "net livable square footage, for our records. Further, they must prepare a deed restriction acceptable to the Housing Authority to be filed prior to issuance of any building permit. The applicant can contact the Housing Office for assistance in preparing such a deed restriction. Finally, the applicant will be required to have aay and all potential tenants for the unit apply for qualified and verification by the Housing Authority prior to occupancy and the deed restriction shall so state. BENNETT.LUA 2 ASPEN *PITKIN REGIONAL BUILDING DEPARTMENT TO: Leslie Lamont Planning Office FROM: Gary Lyman Chief Building Official RE: Bennett Conditional Use Beviev DATE: August 18, 1989 The Building Department has inspected the bandit unit in question and finds that it complies with code. The unit has no Life Safety problems. See attached copy of inspection report. I. 130 South Galena Aspen, Colorado 81811 303/920 -5440 y MEMORANDUM To: Leslie Lamont, Planning Office From: Elyse Elliott, Engineering Department Date: August 1, 1989 Re: Bennett Conditional Use Review After reviewing the above application and making a site inspection, the Engineering Department has the following comments: Improvement district - the applicant should agree to join any future improvement districts. Easement - we would like a 4' x 4' pedestal easement. Parking - there does not appear to be any on -site parking spaces. The applicant should demonstrate that there is room available and access for parking for the new building permit. Drainage - the applicant must prove that the historic drainage has not been altered for the new duplex that will be constructed. Drywells will probably be necessary. r � TO: City Engineer Housing Director Fire Marshal* Building Inspector* FROM: Leslie Lamont, Planning Office RE: Bennett Conditional Use Review Parcel ID# 2737- 074 -10 -030 DATE: July 19, 1989 Attached for your review and comments is an application from Mick Bennett requesting Conditional Use Review approval for an existing accessory dwelling unit. Please review this material and return your comments no later than August 18, 1989. Thank you. *A life /safety inspection is needed since the applicant is seeking to "legalize" an existing unit. Please detail any recommended upgrades you feel are needed. Thank you. July 5, 1989 To Whom It May Concern: We hereby proclaim than we have occupied the "Bandit Unit" at 538 Spruce Street, Aspen C;:d orado since September 1987. ck �- _ _ Thomas B. Eckstein ate Donna Watkins Date 1) 2) Project Name Final Histori DeV. G � Wit appropriate) / 3) Present Zoning lO G n 4) I.Ot Size K r 2 5 , 5) Applicant's N Vv� Name, Address & Phone $ i� 1 c s P h n P I I . -� T fU f P S7'YfG�� / +tDfyl � l7 �if�o�� II'' 6) Representative's Name, Address & Phone # rn k L2 t " n r 1T 7) Type of Application (please check all that apply): Conditional Use _ Conceptual SPA Conceptual historic Dev. Special Review :I.n c, =- Stream Margin Mountain view Plane AT1AgIlgNC 1 1, ) USE APPLICATION FUIdi Final SPA Final HUD Subdivision MEN ••: •.• • . • • • - Ivt Split/Lot Line Adjustment Y Minor Historic Dev. Historic Demolition Historic Designation Nffil 8) Description of D sting Uses (rKmber and type of existing structures; appraodmate sq. ft.; nud3er of bedrooms; any previous approvals granted to the DrODertv). 9) , ...... �. , ic • � _ - i s r�. ULI �. i l 6r y 10) Have you attached the following? V Response to A ttachment 2, MininKm StAmisc Contents v Respcme to Attachment 3, Specific Submiss Contents v P4sponse to Attachment 4, Review Standards for Your Application Aspen Planning and Zoning Commission 130 S. Galena Aspen CO 81611 Dear Sirs: Attached is my application to convert a Bandit Unit in my home at 534 Spruce Street into an Accessory Unit. In addition I have submitted plans to the Building Department to add a second unit onto my existing home. The second unit is a permitted use in the R -6a Zone district and is therefore not part of this application. I intend to act as owner /builder for the new addition and I am acting on my own behalf for this application as well. It is my understanding that Bandit units that were occupied before January 1989 can be converted into Accessory Units and this proposal therefore complies with all substantive development review standards relative to this application. The property is located at: 534 Spruce Street Lots 3 & 4, Block 14 Williams Addition Aspen, Colorado Sincere y, 1 _ Michael A. Bennett 534 Spruce Street Aspen CO 81611 920-1136 P .� FOCR 543 €nF ed at o'clock _.m. On N O' � . Recorder c � ding Requested By: Recorded Return to: a c N cW Ab CO ®(A # GENERAL WARRANTY DEED e � MARGARET B. COCHRAN, WILLIAM W. COCHRAN II, and BONNIE 3 C. COCHRAN for Ten Dollars ($10.00) and other good and valuable ,considerations, in hand paid, hereby sell and convey to MICHAEL F Ai'BENNETT and JANICE E. BENNETT, not as tenants -in -common but in joint tenancy, whose address is 415 Pearl Court, Aspen, Colorado # 81611, all of their interest in the following real property in the County of Pitkin, State of Colorado described as follows: Lots 3 and 4, Block 10, Williams Addition to the City y„ and Townsite of Aspen i with all its appurtenances and warrants title to the same, e � SUBJECT TO AND EXCEPTING: General taxes for 1987 payable January 44 vn, �.1` 1988; the effect of inclusions in any general or specific �s : "'- :water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement 'area; right of the proprietor of a vein or lode to extract and ,+'remove his ore therefrom, should the same be found to �!:or intersect the premises hereby granted, as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116; +'•-and easement and right of way for water pipes or mains and for "electric lines or poles as granted in instrument recorded January 20, 1887 in Book 29 at Page 582. Signed this day of U i t, 1987. MARGARET B. COCHRAN :OJI 54DW • 0 11iAd STATE OF ) ) ss COUNTY OF IA4-1 UA ) The foregoing ins this day of _ WITNESS my hand a My commission exp STATE DOCUMENTARY FEE F s 90 J 1 ;i men acknowledged before me; 1987 by . offici seal. kl;11da.n Hl. s: D�B9 + Bowwic C.�,GI, SCHEDULE B Policy No.: 0 9902 118350 This policy does not insure against loss or damage by reason of the following: I . Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessments and any unredeemed tax sales. 6. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116. B. Easement and right of way for water pipes or mains and for electric lines or poles as granted in instrument recorded January 20, 1887 in Book 29 at Page 582. 9. A Deed of Trust dated July 30, 1987, executed by Michael A. Bennett and Janice E. Bennett, to the Public Trustee of Pitkin County, to secure an indebtedness of $170,000.00, in favor of Thatcher Mortgage Company, recorded August 6, 1987 in Book 543 at Page 323 as Reception No. 291745. STEWAIIT TITLE Page GUARANTY COMPANY 1613(20M 12 -83) - - I I - -1 -- 5 .1, auvniey ees MIMI MMenses Incurrel up tot e knowledge shall come to an insur ereunder of any claim time of such paym , )r tender of payment, by the insured of title or interest which is adverse to the title to the estate claimant and authorized by the C.,.,Pa„v. ALTA OWNER'S POLICY SCHEDULE A Order No.: :. . Policy No.: Date of Policy - , : ? ? Amount of Insurance: $ ? , C c; C . 1. Name of Insured: 2. The estate or interest in the land which is covered by this policy is: 3. Title to the estate or interest in the land is vested in: 4. The land referred to in this policy is described as follows: 2 a -Jun.c -- _ --. 'Late _Y C.;._oracc )a +, _tic. Asp''n, 81611 c i5."- :-7:' STEWART TITI E CODE 0012 (Re, 8187) Paoe 2 GUARANTY COMPANY I .. le N y CIO' NE� 1 O f .�a . - R 1`� 4 •f1 i. M s S o , G gN (GO 'D ' 64. i? ) V N 0:o i IO )00 A pf. NO _21 f0µ0) .... 2 -- - ODf• TO i Si - "� 1� ) "''' 10 i _ U I IO I y 1 , 1 1 soo" /l ' IFWEW NORTH ANNEXATION TO THE CITY OF ASPEN 20D IOW 4D0 i� fu MER, A MEOISTEAED LAND SURVEYOR IM THE STATE OF COLORADO, IT THIS ANNEXATION WAS PREPARED UMOEA Mt SUPERVISION r ASPEN, COLORADO. FMOM M[COMD[D COCUMEMTS IM THE PITRIM COUNTY CLERN ANO MECOMOEM, THAT TOM FLAT DOES A FIELD SURV(T OF THE PROPERTY SHOWN AMC TM )WN MEREON IS CORMECI TO THE @EST OF MY KNOWLEDGE -� 1 0f "�• see 00 'S 'Q f 1i }Ow)O SR W p0P i j U f' S1 O)' F8 1F.q Soul%, 6 0 SMUGGLER D ANNEXATION CITY OF ASP CITY i f ASPEN APPROVAL '"Al WILLIAMS ADDITION ANNEXATION WAS APPROVED DY THE CITY COU CITY OF ASPEN, PITXIM COUNTY, COLORADO •Y ORDINANCE NO PASSED THE uAY OF M/ IN TNF. YEAR /TF'T �•• SO E. 12.1! '�• T ).••)a I AI•E, 20.2! MA■ • II,1. w IF "As �1 &%. S.. A(f.TI SO S to i!) SMUGGLER D ANNEXATION CITY OF ASP CITY i f ASPEN APPROVAL '"Al WILLIAMS ADDITION ANNEXATION WAS APPROVED DY THE CITY COU CITY OF ASPEN, PITXIM COUNTY, COLORADO •Y ORDINANCE NO PASSED THE uAY OF M/ IN TNF. YEAR /TF'T k. RESPONSE TO ATTACHMENT 4 Review Standards: Development of Conditional Use 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 When the Williams Addition was annexed the Planning and Zoning Commission and the City Council considered two zoning designations. They were R -6 and RM /F. RM /F was considered because of the Williams Addition's proximity to the Hunter Creek and Centennial Apartments. Due to the high density in the area, it was thought that RM /F might be an appropriate designation. The R -6 zone designation was decided upon instead to keep the character of the neighborhood as it was. It was noted at that time, however, that the surrounding density was very high and multiple family residences might be appropriate in some cases. The Bennett Duplex Proposal of two units plus one accessory unit would seem to fit the goals of the Planning and Zoning Commission and the Aspen Area Comprehensive Plan. It would also keep the current residential character of the neighborhood intact. B. The conditional use is consistent and compatible with the 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 Duplexes and bandit units are the norm for this subdivision. The property is surrounded on all sides by multiple dwellings contained on the same lot. The Bennett Duplex Proposal is in keeping with the character of the neighborhood. Further, it enhances the neighborhood in that it creates a new well -kept dwelling in the midst of a neighborhood of older (but not historic) dwellings. C. The location, size, design, and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrians and vehicular circulation, parking, trash service delivery, noise, vibrations, and odor on surrounding properties. Response The proposed accessory unit is contained entirely inside the area that would otherwise be included in Unit 1 of the proposed duplex. The proposed duplex, is an allowed use in the R -6a Zone District and is therefore not a factor in this conditional use application. The accessory unit, therefore, has no impact on the surrounding properties other than those which exist already. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid wastes, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response The proposed accessory unit was created bathroom, and a family room of the unit addition of one or two people that will is offset by one or two people that can other unit. The net effect is the same services. from one bedroom, one that contains it. The occupy the accessory unit no longer occupy the on public facilities and E. 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 The Aspen Area Comprehensive Plan includes the creation of duplex units in the R -6a Zone District. Because our proposed building fits into the allowable FAR and building guidelines, the issue here is not the creation of a new structure, but rather the use of that structure. Setting aside a portion of Unit 1 as an accessory unit will provide housing for some Pitkin County Employee. Because the creation of the accessory unit allows for housing for more employees in the same amount of square feet of building space, we feel like this proposal is in compliance of not only the Aspen Area Comprehensive Plan but also Aspen's immediate need for more housing. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6 20489 DATE COMPLETE: - \ 8 S9 PARCEL ID AND CASE NO. 2737 - 074 -10 -030 66A -89 STAFF MEMBER: V4a \:e. PROJECT NAME: Bennett Conditional Use Review Project Address: 534 Spruce Street Legal Address: Lot 3 & 4, Block 10, Williams Addition APPLICANT: Mick Bennett Applicant Address: 534 Spruce Street Aspen, CO 0 -1135 REPRESENTATIVE: Same Representative /Phone: PAID: YES NO AMOUNT: N/A NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: V 2 STEP: P &Z Meeting Date S PUBLIC HEARING: ES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas - -k Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water _ C Fire Marshal State Hwy Dept(GJ) City Electric �_ Building Inspecto L�Cel:1� Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: 7 !P INITIALS: J' FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer _ Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: 1 , 1 CITY OF ASPEN -/ PRE- APPLICA CONFERENCE SUMMARY PROJECT • S?�Y� Un I��JG 11 nn APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: :) .�'o ll OWNER'S NAME: Vh Cx 2) ` SUMMARY 1. Type of Application: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Accent Comments 4. Review is: P &Z Onl I (Only) (P &Z then to CC) 5. Public Hearing: YES (NO) 6. Did you applicant to submit list of ADJACENT-PROPERTY OWNERS? (YES (NO) Disclosure of Ownership: (YES) (N) 7. What fee was applicant requested to submit: 8. Anticipated date of submission uii2 9. COMMENTS /UNIQUE CONCERNS: 2. Describe action /type of development being requested: PUBLIC NOTICE RE: BENNETT CONDITIONAL USE REVIEW 1 "M NOTICE IS HEREBY GIVEN THAT a public hearing will be held on Tuesday, September 5, 1989 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, CO to consider an application from Mick Bennett requesting Conditional Use approval in order to legalize an existing 750 sq. ft. accessory dwelling unit located at 534 Spruce Street, Lots 3 & 4, Block 10, Williams Addition. For further information, please contact the Aspen /Pitkin Planning Office, 130 South Galena Street, Aspen, (303) 920 -5090. s /C. Welton Anderson, Chairman Aspen Planning and Zoning Commission ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 July 19, 1989 Mick Bennett 534 Spruce Street Aspen, CO 81611 RE: Bennett Conditional Use Review Dear Mick, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, September 5, 1989 at a meeting to begin at 4:30 p.m. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. Please be reminded that the Code requires the applicant to mail notice of the public hearing to adjacent landowners within 300' of the property and to post a sign in a conspicuous place on the property. A notice will be sent to you for mailing out and you may pick up a blank sign form from this office to post. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 June 27, 1989 Mick Bennett 534 Spruce Street Aspen, Colorado 81611 RE: Bennett Conditional Use Review Dear Mick, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is not complete. Following is a list of the items we require to complete the application: 1. Please submit proof that the "bandit" unit existed prior to November 1, 1988. 2. Please provide 4 additional copies of the application. If you have any questions please call, Leslie Lamont. Thank you. Sincerely, Debbie Skehan Administrative Assistant ds -- -1 D (-,;� e %9- .