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HomeMy WebLinkAboutLand Use Case.CU.1500 Silver King Dr.A45-90F CASELOAD SUMMARY SHEET 11 City of Aspen DATE RECEIVED: 4 /26/90 PARCEL ID AND CASE NO. DATE COMPLETE: ja/ 3S- C. - yJjTxjA45 - 90 i STAFF MEMBER PROJECT NAME: Allen conc11L1onat use xeveiw iuL times Project Address: 1500 Silverkina Drive Aspen Legal Address: APPLICANT: Doug Allen Applicant Address: REPRESENTATIVE: Stan Mathis Representative Address /Phone: Box 1984 Aspen 920 -1434 PAID: YES NO AMOUNT N/C NO. OF COPIES RECEIVED: 2 TYPE OF APPLICATION: 1 STEP: X 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES 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 Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center INITIALS: DATE REFERRED: FINAL ROUTING: DATE ROUTED city Atty Housing FILE STATUS AND City Engineer other: LOCATION Zoning _ Env. Health C AGENDA ASPEN PIANNING AND ZONING COMMISSION October 2, 1990, Tuesday 5:00 P.M. 2nd Floor Meeting Room City Hall I. COMMENTS Commissioners � 0, Planning Staff ((( Q Public II. MINUTES 'b u g-. III. PUBLIC HEARINGS A. Allen Accessory Dwelling Unit Tabled from 9/18' B. Eller Accessory Dwelling Unit (Tabled to 10/16) C. Hallam ESA Map / Text Amendment (Continued) D. Zoning Designation for Hallam Lake Park SPA IV. NEW BUSINESS A. Hallam Lake Pipeline Stream Margin Review � a.cov Aspen / Pitkin Planning Office 130 S. Galena Aspen, Co. 81611 (303) 920 -5090 Stan Mathis Box 1984 Aspen, Co. 81612 September 26, 1990 RE: Accessory Dwelling Unit Deed Restriction Clarification Dear Stan, I've had a chance to talk the City Attorney Jed Caswall about what it would take to lift a deed restriction on a voluntary A.D.U. It is still Jed's opinion that if a homeowner would wish to have a restriction removed, City Council would be the body to approve the change. Therefore, at the time a Conditional Use for an A.D.0 is approved by the Planning and Zoning Commission there can be no guarantees for future decisions that the Council might make. Jed also feels that if such a deed restriction is lifted, other housing mitigation such as cash -in -lieu might have to be initiated. It is a serious consideration for a homeowner to add an A.D.U. to his property. One must weigh the benefits of rental income, on- site security, and community benefit against the burden of a fifty year deed restriction. It is hoped that property owners who are strongly moved and accept the benefits will continue to pursue development of these units. I hope that this information will not cause Mr. Allen to withdraw his application currently tabled before the Planning Commission. If he decides to withdraw however, please notify me in writing so I have a record to include in the file. If I can be of any further assistance, please call me at 920 -5090. Sincerely, Kim Johnson Planner cc: Jed Caswall, City Attorney Yvonne Blocker, Housing Authority Amy Margerum, Planning Director Septeeber 17, 1990 Aspen /Pitkin Planning Office 130 S. Galena St. Aspen, co 81611 RE: Allen Residence - Application for Accessory Dwelling Unit 1500 Silver King Drive To Whom it May Concern: Please be advised that on September 6, 1990 a sign was posted at the above referenced property stating the date, time, place and purpose for the hearing for Doug Allen's request for an accessory dwelling unit. Also, copies of the public notice were sent out to property owners within 300 feet of the subject parcel. Thank you, Stan Mathis ffAX MAIMS WIMICEURE AND Post Office Box 1984 Aspen Colorado 81612 303/920 -1434 E 3 00t- Notary Public TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Allen Accessory Dwelling Unit - Conditional Use DATE: September 6, 1990 SUMMARY: The applicant seeks a Conditional Use approval in order to include an accessory dwelling unit of approximately 779 square feet in a 4,707 square foot single family residence currently under construction. Planning Staff recommends approval of this Conditional Use with conditions. APPLICANT: Doug Allen, represented by Stan Mathis LOCATION: 1500 Silverking Dr., Lot 38 West Aspen Subdivision #2 ZONING: R -15 APPLICANT'S REQUEST: Conditional Use approval for an accessory dwelling unit. PROPOSAL: The residence under construction is a 3 bedroom 4,707 sq.ft. home. The applicant wishes to include a accessory dwelling unit of approximately 779 sq. ft. in the lower level (Attachment " A " ) The applicant wishes to-have the opportunity to request that the unit be removed in the future. REFERRAL COMMENTS: Engineering reviewed, the proposal, has no problems with it, and recommends approval. The Housing Authority forwards the following comments: 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 housing designee's guidelines for such units, is required to be deed restricted by Owner, is to meet the definition of a Resident Occupied Unit and be rented for period 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. Occupancy of the accessory dwelling unit is not mandatory. The recommended conditions are: 1. Prior to issuance of any building permits for the accessory dwelling unit, Owner shall file an appropriate deed restriction with the Aspen / Pitkin County Housing Authority for approval. Upon approval by the Authority the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. As to the request by Applicant's representative, there will be no future stipulations of approval granted as to the owner requesting the removal of the accessory dwelling unit on this property. A deed restriction will be in place on this property for the period of fifty years and the Owner should consider those conditions prior to his request. STAFF COMMENTS: An accessory dwelling unit is a conditional use in the R -15 zoning district. 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 deed restricted unit will allow the property to house a local employee in a residential area, which complies with the zoning and Aspen Comprehensive Plan. ADU's are encouraged by City Council. 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: This use is compatible with the other residential uses in the surrounding neighborhood. As it contained within the principal residence, the unit is not visible as a separate structure. 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: One parking space is allotted for this unit. A one bedroom accessory unit carries no parking requirement. No other impacts above that of the main residence should result. 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 neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: As proposed, and in compliance with rental stipulations. 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. No F.A.R. bonus is granted to this parcel as the accessory dwelling unit is not 100% above grade. The size of the main residence under construction is not attaining its maximum allowable floor area of 4,913 s.f. at this time. The applicant is requesting that "he be able to remove the accessory dwelling unit at any time." It is the opinion of the City Attorney that a Conditional Use approval by the Planning and Zoning Commission cannot in any way be a guarantee that the City Council would allow this deed restriction to be lifted. If Council deemed it appropriate to remove the deed restriction, -the accessory dwelling unit must also be physically be removed. STAFF RECOMEMDATION: Planning recommends approval of this conditional use with the following condition: 1. Prior to issuance of Building Permit, the Owner shall file an appropriate deed restriction with the Aspen / Pitkin County Housing Authority for approval. Upon approval by the Authority the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. The deed restriction shall be effective for 50 years. The owner of the residence must understand that if he wishes to remove the deed restriction, he must make a formal request to the City Council. The owner is advised that removal of a deed . restriction for this unit by City Council is not guaranteed as part of this Conditional Use approval by the Planning and Zoning Commission. Removal of a deed restriction requires physical removal of the accessory dwelling unit. Attachment "A" - Floorplan and Elevation Sketches jtkvj /allen.memo •1'1f,wr 'All ' 1 I i i i i i i i k.a ; i o ... t �Dn " NeW\O 49Aq. UYF Y 1 N ��e�• s� " : �Yi a wui I V • 61fiMC Y0.. TL K•NNI• fMGfO.b4.• � swu L v�y Y•.� ��,I� M«MrYM IMry � �eD�•HOl R � IGC •M1 p •o w J I •' � p l c • a Ji I r: > t 'i • j�Y � •11 �� •� `� 9 .'T W I ' y / I u ` r 3' o S b • - bt � xp_ 3 .s c NOTICE TO ADJACENT PROPERTY OWNERS RE: ALLEN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 18, 1990 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Doug Allen requesting Conditional Use Review approval for a 779.3 square foot Accessory Dwelling Unit to be located within a new single - family residence at 1500 Silverking Drive, Lot 38, West Aspen Subdivision, Aspen. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson. Chairman Planning and Zoning Commission TO: City Engineer Housing Director FROM: Kim Johnson, Planning Office RE: Allen Conditional Use Review for an Accessory Dwelling Unit DATE: August 9, 1990 Attached for your review and comments is an application from Doug Allen requesting Conditional Use approval for an ADU. Please return your comments to me no later than August 31, 1990. Thank you. a _r MEMORANDUM TO: Kim Johnson, Planning Office FROM: Jim Gibbard, Engineering Department DATE: August 30, 1990 RE: Allen Conditional Use Review for and Accessory Dwelling Unit Having reviewed the above application and made a site visit, the Engineering Department recommends approval. jg /allen cc: Chuck Roth ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 Stan Mathis Architecture and Planning P. O. Box 1984 Aspen, CO 81612 Re: Doug Allen Conditional Use Review Dear Stan, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a public hearing on September 18, 1990 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post the subject property with a sign for the public hearing and mail notices to property owners within 300'. If you have any questions, please call Kim Johnson, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant r , JiJ! 7 6 Ia90 tiv 2t, 1`)90 STAN RMUS ARCIRTECTURE AND PUNNAG Post Office Box 1984 Aspen Colorado 81612 303/920 -1434 Planning & coning 130 Galena St.. Aspen, CO c , 161 1 RE: Conditional use for an Accessory Di welling Unit Doug Allen Residence 1500 Sii v erkin Drive Lot 3c;, VleSt. Aspen Subdivision 4 ,qs - -7o Our client, Doug Allen, is proposing to include in his residence at 1500 Sii v erl:ing Drive an accessory dwelling unit consisting Of one bedroom, one bath, full kitchen, approx 779.3 square feet. The unit would have a private entrance and be located on the lower 'level below the entz- 7 /livving rooms. (see enclosed site plan and floor plan) The residence is located in the R -15 zoning area. Ey providing an accessory dwelling unit my client feels he is in compliance with the goals and objectives of the Aspen area, which is in need of such units. This conditional use is compatible with the character of the neighborhood Qs it is ic•c in a residential area. The location, size, design and operating characteristics of the proposed conditional use will have minimal adver_:- effects on visual, and pedestrian impacts. There will be one off street - parking place, and the effects of trash, service delivery, and noise on surrounding properties vaill have no more effect than the main d :welling unit being constructed, which is a three bedroom home a.pprox 1,"? 07 square feet. The unit is located near public facilities, and emergency services. This proposed conditional use does comply with all standards imposed on it by the Asper. Area Comprehensive plan. The applicant vvould also like to request that he be able to remove the accessor dwelling unit at any time. L ATTAanlFNr 1 �,.. "&D USE APPIdOMO N I•OM 1) Project Name Douo) Ahoi Qc� ,ce. -. 2) Project Location _ lsoo so r�1 p, Lot 35? L(X4 &-Pen `�,lodN�sio✓� ( S treet address, lot 6 block raaober, legal desk cn . appropriate) �i, 3) Present ZQn1rYj I / Tom- A'4) lot Size 5) Applicant's Name, Address & Phone # _ D o4 m Ie i las -B40o S30 S.m 6) Representative's Name c , Address & Phone $ J n t^ (p0� y 1 � S ! 9 ZO - t 43L• ICJ S• rT��ST 7) Type of Application (please check all that apply): A DA. Qhrditional Use Conce SPA _ Ccr� Historic D--v- - Special Review — Final SPA _ Final Historic Dev. — 8040 Qeeiiline — (bryaeptual ppp _ Minor Historic Dev- - Stream Margin _ Final WD _ Historic Demolition _ Mountain View Plane _ Subdivision ' _Historic Designation �rdomi niwnization' Thxt/Map Ame done rt CZ42S Allotment Ant split ./lot — Ewmpticn. Adjustment 8) Descripti of Existing Uses "(camber and type rcr of existing ;: appr+oodmate sq- ft -; number of beoh�; any previous approvals granted to the Property) - -h)2w QESielG�ie uncle r c�n�s�ruCicx� 33ec1✓Uu y sc _ 9) Description of Development Application �ncludt; �n•(�tSid2ytcC a.1n Ax��sorr� dwdl�l��s +��f' r�ncbr�V�,•,,, - �� ail `Ic- +cl -►c,�' � 3 � �va�eRe,+ 10) Have you attached the follarirr�? FhesPcnse to Attachment 2, Minimum Submiss p on t er t s Response to Attachment 3, Specific Submission contents Response to Attachment 4, Review Standards for Your Application I /Ty Y• - e• iO" t> r �7 � x � f 5 r 1 1 ( t , • tit s � ''�✓ } :�� , \3 F ; 4 , t E A� E Y I /Ty Y• - e• iO" t> r �7 � x � '`` TohnSOv� 711 CITY OF ASPEN PRE-APPLICATION /// CONFEERENCE SUMMARY PROJECT: APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: OWNER'S NAME. 1 ' SUMMARY 1. Type of Application: 2. Describe action /type of development being requested: 3. Areas is which Applicant has been requested to respond, frm.pre_ app types of reports requested: Policy Area/ Agent Com " Referral // 4. Review is: (P &Z Only (CC Only) (P &Z then to CC) 5. Public Hearing: (YES). (NO) 6. Number of copies of the application to be submitted: ' 7. What fee was applicant to submit: h q5N6) 8. Anticipated date of - s ' X12 Dg �� � f 9. 9. COMMENTS /UNIQUE CONCERNS: frm.pre_ app w LAW OFFICES OF Douglas F. Allen COURTHOUSE PLAZA. BUILDING 530 EAST MAIN STREET, FIRST FLOOR ASPEN. COLORADO 81611 (303) 9258800 DOUGLAS P. ALLEN July 26 1990 ' Kristin Timroth Re: Lot 38, West Aspen'subdivision No. 2 Application for Accessory Dwelling Unit Dear Kristin: Please be advised that in connection with the above, the applicant's name, address, and telephone number are: Douglas P. Allen 530 East Main Street Aspen, Colorado 81611 925 -8800 and the name, address, and telephone number of the representative authorized to act on my behalf is: " Stan Mathis 105 South Fifth Aspen, Colorado 81611 920 -1434• The street address of the above property is 1500 Silver King Drive. As an attorney licensed to practice law in the State of Colorado, please be advised that title to the above property is held in the name of Douglas P. Allen, that there are no judgments, liens, contracts, or agreements affecting the property and that the only mortgage against the property is that in the amount of $170,000.00 original principal amount payable to Central Bank of Aspen. very truly yours, 9 (). � Douglas P. Allen T IL— DPA/pjh FAX (303) 925.9398 y `COMMONWEALTH r UkND TITLE INSURANCE COMPANY t am, Uxr, �ww,, Cemµu. SCP' =OGLE A- O',�''ER'S 9O'.TCP `)ATE OF POLICY OF = `;SCRA.`:Cr PCL!CY NUMBE PCT -3485 3/2C/89 ^a 4:11 P. M. S 310.000.00 _28 1. NAME OF INSURED: DOUGLAS P. ALLEN 2 THE ESTA ^E OR INTEREST IN THE LAND HEREIN' AND WHICH :S CCVERED BY THIS POT S: IS: IN FEE SIMPLE THo cSTATE OR I\TsREST REFERRED TO HEREIN '_S AT DATE CF POLICY VEST I N: DOUGLAS P. ALLEN T.. °.E L� \D RErR_RRB'J 0 '. Y THIS POLICY IS DESCRIBED AS FO? LOWS: LOT 38, WEST ASPEN SUBDIVISION. FILTN'G NO. 2. COUNTY OF cTTK ? \. STATE OF COLORADO. PITM H N OK TITLE. INC. 601 E. OP!tIRS AVE. 4Cr /iZiled Aptho ^'_zed Agent ASPEN. COLORADO 81611 (303) 925 -1 766 r. THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. ti ,� .1 ary sr siArxls _ _.. u,._ rl' 003/003 UO 12NWI {LTH -Y h Ael, , GA v H01,U C, ZONV`111 ENDORSEMENT FORM 110.3 ATTACHED TO AND MAD A PART 05 COMNIONWEALTH LAND TITLE INSURANCE COMPANY NO 128 - 015523 o0m_34E5 The aforementioned policy is hereby amended by correcting the aforementioned policy as follows: SCHEDULE A AND SCHEDULE B- OWNERS POLICY - THE EFFECTIVE DATE OF THE POLICY IS HEREBY AMENDED TO READ AS FOLLOWS: DATE OF POLICY NO OTHER CHANGES 3/20%90 0 4:17 P.M. This endorsement is xIade a part of the policv or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements. if any, nor does extend the effective date of the Policy or commitment and prior endorsements or increase the face amount thereof. IN WITNESS WHEREOF. the Company has caused this Endorsement accordance w sement to be signed and sealed and to be valid when countersigned by an author!zej officer Qr agent of the Company, all in th its By -Laws. ISSUED AT P!TKIN COUNTY TITLE. I , 601 HOPKINS AVE,, ASPEN, COLORADO 81611 J , COUN ?EF.SIGNc "� ACcHORIZED OFFICER OR AG£NTt`�S_.! .. DATED: 3/20/90 kt 4:17 P.N.