HomeMy WebLinkAboutcoa.lu.cu.Hufty Conditional Use 2735-124-27-007 A63-93CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 10/26/93 PARCEL ID AND CASE NO.
DATE COMPLETE: i, /i 2735- 124 -27 -007 A63 -93
/ STAFF MEMBER: KJ
PROJECT NAME: Hufty Conditional Use Review - ADU
Project Address: 704 W. Hallam
Legal Address: Lots R & S. Block 16
APPLICANT: Page Lee Hufty
407- 655 -6769
Applicant Address: 340 Island
Rd Palm Beach, FL 33480
REPRESENTATIVE: Dick Fallin
Representative Address /Phone:
1280 Ute Ave.
Aspen
CO 81611
5 -4252
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FEES: PLANNING $
#
APPS RECEIVED
3
ENGINEER $
#
PLATS RECEIVED
3
HOUSING $
ENV. HEALTH $
TOTAL $ 0
TYPE OF APPLICATION: STAFF APPROVAL:—
1 STEP: X 2
STEP:_
P &Z Meeting Dat
PUBLIC
HEARING: YES
NO
VESTED
RIGHTS:
NO
CC Meeting Date
PUBLIC
HEARING: YES
NO
VESTED
RIGHTS: YES
NO
DRC Meeting Date Z /�/w
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
/3r de � �" ffP w
Pre dew�o ohs TE REFERRED: if z
Parks Dept. School District
Bldg Inspector Rocky Mtn NatGas
Fire Marshal CDOT
Holy Cross Clean Air Board
Mtn. Bell Open Space Board
ACSD Other
Energy Center Other p
INITIALS: $W DUE: �I /
FINAL ROUTING: DATE ROUTED: �� �� INITIAL
City Atty _ City Engineer _Zoning Env. Health
Housing _ Open Space other: (a+
FILE STATUS AND LOCATION: __
,
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE
PAGE L. HUFTY PROPERTY LOCATED AT 704 W. HALLAM (LOTS R & S, BLOCK
16, CITY AND TOWNSITE OF ASPEN)
Resolution No. 93-
WHEREAS, pursuant to Section 5 -510 of the Aspen Land Use
Regulations accessory dwelling units may be approved by the
Planning and Zoning Commission as conditional uses in conformance
with the requirements of said Section; and
WHEREAS, the Planning Office received an application from
Page Lee Hufty for a Conditional Use review for a 586 s.f. basement
level one bedroom accessory dwelling unit within the proposed
residence; and
WHEREAS, as the proposed unit is not 100% above grade, the
site is not allowed an FAR bonus pursuant to the definition of
Floor Area "Accessory Dwelling Unit ", Section 3 -101 of the Aspen
Land Use Code; and
WHEREAS, the Housing Office, City Engineer and the Planning
Office reviewed the proposal and recommended approval with
conditions; and
WHEREAS, after submission and review by staff, the applicant
proposed a reduction of the accessory dwelling unit down to a 400
s.f. studio apartment due to cost constraints, and the change was
acceptable to the Housing Office and Planning staff; and
WHEREAS, during a public hearing at a regular meeting on
December 7, 1993 the Planning and Zoning Commission approved by a
3 -2 vote the Conditional Use review for the Hufty accessory
dwelling unit (as reduced to 400 s.f.) with the conditions
recommended by the Planning Office and amended by the Commission.
NOW, THEREFORE BE IT RESOLVED by the Commission that the Hufty
Conditional Use for an approximately 400 s.f. net livable, below -
grade studio accessory dwelling unit is approved with the following
conditions:
1. The owner shall submit the appropriate deed restriction to the
Aspen / Pitkin County Housing office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing Office, the Owner shall record the deed restriction
with the Pitkin County Clerk and Recorder's Office.
2. Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
1
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3. A curb, gutter and sidewalk agreement must be signed prior to
the issuance of any building permit.
4. A trash area convenient to the alley must be shown on the
building permit plans.
5. The applicant shall consult City Engineering for design
considerations of development within the public rights -of-
way, Parks Department for vegetation species, and shall obtain
permits for any work or development, including landscaping
within public rights -of -way, from City Streets Department.
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.
7. The ADU shall be clearly identified as a separate dwelling
unit on Building Permit plans and shall comply with U.B.C.
Chapter 35 sound attenuation requirements.
8. The hallway between the studio A.D.U. and the former bedroom
(now shown as unfinished storage space) shall be divided by
a standard stud wall. The Commission encourages this space
(approximately 9 s.f.) to be converted to a closet for the
A.D.U.
APPROVED by the Commission at its regular meeting on December 7,
1993.
Attest:
Jan Carney, Deputy City Clerk
Planning and Zoning commission:
W. Bruce Kerr, Chair
2
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Hufty Conditional Use for an Attached Accessory Dwelling
Unit - Public Hearing
DATE: December 7, 1993
SUMMARY: The Planning Office recommends approval of the Hufty
Conditional Use for a 586 s.f. basement level accessory dwelling
unit to be created within a new residence with conditions.
APPLICANT: Page Lee Hufty, represented by Dick Fallin
LOCATION: 704 W. Hallam (Lots R & S, Block 16 Townsite of Aspen)
ZONING: R -6
APPLICANT'S REQUEST: The applicant requests Conditional Use for
the construction of a basement level one bedroom accessory dwelling
unit within a proposed 3,240 s.f. residence in accordance with
Ordinance 1 requirements. The 6,000 s.f. site is currently
occupied by a single family dwelling which will be demolished.
Because the ADU is not 100% above grade the applicant is not
eligible for an FAR bonus for the property. The applicant has
submitted floor plan, elevation, and site drawings for the proposed
ADU. See Exhibit "A ".
PROCESS: The Planning Commission shall make a determination on the
Conditional Use for the accessory dwelling unit.
REFERRAL COMMENTS: (complete referral memos are attached as
Exhibit "B ".
Housing: The proposed unit must meet the requirements of Section
24 -5 -510 of the Aspen Municipal Code. It shall be between 300 and
700 square feet of net livable area, deed restricted to resident
occupancy, and have minimum lease periods of 6 months. The deed
restriction shall be approved by the Housing Office, recorded with
the County Clerk, and proof of recordation forwarded to the Housing
Office prior to issuance of any building permits for the site.
Engineering: A curb, gutter and sidewalk agreement must be signed
prior to the issuance of any building permit. A trash area
convenient to the alley must be shown on the building permit plans.
STAFF COMMENTS: The Commission
approve development applications
the standards of Section 7 -304:
has the authority to review and
for conditional uses pursuant to
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
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
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 is compatible with the principal
dwellings and other residential uses in the surrounding
neighborhood. Staff does not recommend a parking space for the ADU
because of the location of the parcel and the availability of four
on -site parking spaces.
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: As Engineering mentioned, a trash storage area must be
identified on the building plans for the parcel. Also, existing
vegetation in the right -of -way may need to be altered for public
pedestrian access in the future. The ADU has direct access to
Hallam Ave. via a covered stairway /entry. No other significant
neighborhood 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 already 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 applicant must file appropriate deed restrictions
for resident occupancy, including 6 month minimum leases. Proof
of recordation must be forwarded to the Planning Office and Housing
Office prior to issuance of any building permits.
2
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
for provision of affordable housing units.
STAFF RECOMMENDATION: v6 l ' Cng recommends approval of the Hufty
Conditional Use for a s.f. basement level one bedroom accessory
dwelling unit with the ollowing conditions:
1. The owner shall submit the appropriate deed restriction to the
Aspen / Pitkin County Housing Office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing Office, the Owner shall record the deed restriction
with the Pitkin County Clerk and Recorder's Office.
2. Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
3. A curb, gutter and sidewalk agreement must be signed prior to
the issuance of any building permit.
4. A trash area convenient to the alley must be shown on the
building permit plans.
5. The applicant shall consult City Engineering for design
considerations of development within the public rights -of-
way, Parks Department for vegetation species, and shall obtain
permits for any work or development, including landscaping
within public rights -of -way, from City Streets Department.
6. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered t a d considered
conditions of approval, unless otherw��ded by other
O conditions. P I1� �_D, [b40-
�COMME� MO ' � NMl PP o Onditi s° 5 I
s.f. basement level one bedroom accessory dwelling unit within the .
9 �Y proposed Hufty residence at 704 W. Hallam Avenue with the ry
conditions recommended in the Planning Office memo dated 12/7/93."
2 7VI / Exhibits:
J "A" - Proposed
l eS - Referral
Site Plan, Floorplan, and Elevations
Memos
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MEMORANDUM
To: Kim Johnson, Planning Office
Thru: Bob Gish, Public Works Director
From: Chuck Roth, City Engineer
Date: November 23, 1993
Re: Hufty Conditional Use for Accessory Dwelling Unit (ADU)
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Sidewalk. Curb & Gutter - As required in Sections 19 -98 through 19 -100 of the
Municipal Code, the applicant must sign and execute an agreement to construct sidewalk,
curb and gutter at such time in the future as deemed appropriate by the City. The
Pedestrian Walkway and Bikeway Plan is not completely clear about designated pedestrian
corridor development in the West End, however at a minimum, a pedestrian usable space
in the public right -of -way off of the vehicular pavement is desired to be maintained. In
the future, curb and gutter may need to be constructed in the West End to mitigate storm
runoff problems in the neighborhood.
Note that there is extensive existing vegetation in the public right -of -way which
precludes pedestrian use of the space. Policy has not been established as of this writing
which would require improvement of the pedestrian space between the property line and
the pavement, however the applicant is advised that a usable pedestrian space is desireable
and may be required in the future. Providing the space could include pruning existing
vegetation up. In any event, no additional landscaping in the right -of -way may be installed
which would further obstruct this portion of the public right -of -way.
2. Parking - The on -site parking spaces are adequate in number and function as indicated
on the development plan.
3. Trash Storage - The application states that "trash ... is contained within a trash
enclosure built into the garage." The trash enclosure is not indicated on the development
plan and must be indicated on the final building permit plans. The revised development
plan indicates the ADU trash enclosure located on Hallam Street. I phoned BFI, and
they pick up trash in the alley at this location. The trash enclosures for both the ADU
and the primary residence should be served from the alley.
\10
4. Permit to Construct Driveway - The design of the driveway appears to meet the
requirements of Section 19 -101, however:
Given the continuous problems of unapproved work and development in public rights -
of -way, we advise the applicant as follows:
The applicant shall consult city engineering (920 -5080) for design
considerations of development within public rights -of -way, parks department
(920 -5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city streets
department (920 - 5130).
A permit is needed from the City Streets Department, approved by Public Works, to
construct the driveway.
cc: Dick Fallin
Baker Fallin Associates, Inc.
1280 Ute Avenue
Aspen, Colorado 81611
Page Lee Hufty
340 Island Road
Palm Beach, Florida 33480
M93.273
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PLANNI® & ZONING COMMISSION
EXHIBIT j_ , APPROVED _
9 EY RESOLP°'Tr`N
TO: Kim Johnson, City Planner
FROM: Cindy Christensen, Housing
DATE: November 16, 1993
RE: HUFTY CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING
UNIT; PARCEL ID NO. 2735-124 -27 -007
The applicant states that he is demolishing a 2,766 square foot
home and replacing with a 3,240 square foot home. The applicant
must mitigate for 474 square feet, or build an accessory dwelling
unit. According to the 1993 Aspen /Pitkin County Housing
Guidelines, if the applicant chooses the cash -in -lieu route, the
applicant would have to mitigate for 474 square feet X $14.17 =
$6,716.58. The applicant chooses to mitigate by constructing a 586
square foot accessory dwelling unit.
The proposed attached accessory dwelling unit pursuant to Chapter
24, Section 5 -510, of the City of Aspen Municipal Code, will be
approved for this mitigation.
Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor
area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be
deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be
limited to rental periods of not less than six (6) months in duration. Owners 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 accessory dwelling unit is shown to be 586 square feet,
contains one bedroom, a living /dining area, a bathroom and kitchen,
and a separate entrance. These are all acceptable to the Housing
Office.
The floor area requirement that needs to be addressed for the deed
restriction is for net liveable square feet as defined by the
Housing Office below:
Net Liveable Square Footage is calculated on interior living area and is measured interior wall to
interior wall, including all interior partitions including, but not limited to, habitable basements and
interior storage areas, closets and laundry area. Exclusions include, but are not limited to,
uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or
detached), patios, decks and porches.
Prior to building permit approval, a signed and recorded Deed
Restriction must be completed. This process could take from three
to four days. The Housing Office must have the recorded book and
page number prior to building permit approval. This form can be
obtained from the Housing Office.
\word \referral \hufty.adu
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October 26, ? 923
Kim Johnson
Planning Office
City of Aspen, Colorado
Dear Kim,
This fetter shall serve as my aLqhorizaticn for Giek FalM of Baer FzMn
Ash G rates Inc., I 28 Ute Avenue, Aspen, Colorado t92;1-4252) to act as my
representative on behalf of the application.
sincerely,
Page Lee Hutty
340 Island Road
Palm Beach, Florida 33480
407!655 -6769
wi - litij Ceid"b?Hins £?:al E6, 9- -0
1) Project Name
2)
3)
5)
ni�navu�rr i L� 3S lL`� Z� -0o�l
LAND tare APFUGATICN MN A w l ;
Hufty Residence
project location 704 W. Hallam Avenue,-Aspen, Colorado
Lots R & S, Block 16, City and Townsite of Aspen
(indicate street address, lot fi block nmber, legal de on where '
appropriate)
Present 7"iing R -6 4) I,at Size 6,000 square feet
l
Applicant's Name, Address &Phone 0 Page Lee Hufty
340 Island Road, Palm Beach, Florida 33480 407/655 -6769
6) �resentative's Name, Address & Phase : Dick Fallin, Baker Fallin Associat
Inc., 1280 Ute Avenue, Aspen, Colorado 81611 303/925 -4252
7) hype of Application (pl drdc all that apply)
. 00n tional U oonoeptaral SPA Historic Dev.
Revs__ Special U �ew
8040 Q:ee ,li
St=eam Margin
Final
,� S P A
�7
conog3blal POD
Final POD
Mountain View Plane _ Subdivision "
mirri _ ThxtnM AmencImnt
sat Splitjiot Line
Adjustment
F inal Historic Dev-
Minor Historic Dev.
8) Descripti of Existing Uses •(amber and type . of evicting struct
apprmdmmte sq. ft; m =ber of bedrooms: any previous approvals granted. to the
property) -
Three bedroom three bath one and two story single family resi dence,
approximately 2,766 square feet
9) Description of Developmerrt Application
'To demolish the existing structure and construct a new two story residence
with full basement that includes a 586 square foot one bedroom accessory
dwelling unit
r
i
lo) have you attached the followirq?
Yes ra2sponse to Attac 2, MAnimm s4 m icn Contents
Yes rhesponse to Attachment 3, Specific 4 ts*=ct Contcr't;
Ye s to Attachment 4, Review Standards for Your Application
Development Application
for
Conditional Use as Accessory Dwelling Unit
October 26, 1993
A. The applicant proposes to develop a new one - bedroom unit in the
basement of a proposed new single - family dwelling at 704 West Hallam
Avenue, Aspen, Colorado. The property, Lots R & S Block 16, is
presently occupied by an existing residence slated for demolition, and
lies within the R -6 zone. The new residence will be 3,240 square feet of
F.A.R. with a two -car garage and a full basement. The A.D.U. will be 586
square feet with an exterior entrance.
B. Review Standards for Conditional Use
1. "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."
The proposed A.D.U. is consistent with the Aspen Area
Comprehensive Plan and with the intent of the Medium - Density
Residential (R6) Zone district. The R6 zone contains relatively
dense settlements of predominantly detached and duplex
residences.
2. "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."
The development proposed is consistent and compatible with the
character of the immediate vicinity of the parcel. The allowable
and proposed F.A. R. is 3,240 square feet plus a 500 square feet
garage. The allowable and proposed site coverage is 2,400
square feet. The site coverage allowed and proposed on this
parcel is 2,400 square feet.
3. "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."
The location of the proposed A.D.U. being in the basement level of
the structure minimizes the impact on the size and bulk of the new
structure and adjacent properties. The proposed unit, a 586
square feet one - bedroom apartment, is located in the basement
level of the new structure and is accessed from the first floor level
south side off Hallam Avenue, minimizing visual, pedestrian,
vehicular circulation. Trash from both the A.D.U. and the principal
residence is contained within a trash enclosure built into the
garage. Service deliveries are from the alley, and no unusual
noise, vibrations or odors associated with residential use will affect
surrounding properties.
4. "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."
All services available for residential use are available to this
parcel and the A.D.U.
5. "The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by
conditional use."
The applicant commits to this review standard.
6. "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."
The proposed conditional use is in compliance with the standards
so imposed.
PUBLIC NOTICE
RE: HUFTY CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, December 7, 1993 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by Page Lee Hufty, 340 Island Road, Palm Beach, FL,
requesting approval of a Conditional Use Review for a 586 square
foot accessory dwelling unit on the basement level of a proposed
new residence. The property is located at 704 W. Hallam; Lots R
& S, Block 16, City and Townsite of Aspen. For further
information, contact Kim Johnson at the Aspen /Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920 -5100.
s /Bruce Kerr Chairman
Planning and Zoning Commission