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HomeMy WebLinkAboutLand Use Case.CU.1365 Mayflower Ct.A24-92 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 3/10/92 PARCEL ID AND CASE NO. DATE COMPLETE: 7//2 2737- 181 -18 -005 A24 -92 STAFF MEMBER: KJ PROJECT NAME: Patrick Conditional Use Project Address: 1365 Mayflower Court, Aspen Legal Address: APPLICANT: John Patrick (714) 494 -2619 Applicant Address: 750 Wilson, Laguna Beach, CA 92651 REPRESENTATIVE: Susan Furr Representative Address /Phone: P.O. Box 11300 Aspen, CO 81612 925 -6114 PAID: YES NO AMOUNT: $ N/C NO. OF COPIES RECEIVED 1/0 TYPE OF APPLICATION: 1 STEP: X 2 STEP: P &Z Meeting Date VA( PUBLIC HEARING: ® 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 NatGas X Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector / / \ Envir.Hlth. Roaring Fork X Other 6r nth Aspen Con.S.D. Energy Center n, Ne 4/ DATE REFERRED: b"k5 `1Y INITIALS: l'N' " / � ,- FINAL ROUTING: DATE ROUTED: n I1,Q c�- L�IITIALINWL '� L _ City Atty City Engineer _Zoning _Env. Health Yf >C Housing _ Other: FILE STATUS AND LOCATION: C (� MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: Patrick Conditional Use for an Attached Accessory Dwelling Unit DATE: April 21, 1992 SUMMARY: Staff recommends approval of Conditional Use for the Patrick attached accessory dwelling unit with conditions. APPLICANT: John Patrick, represented by Susan Furr LOCATION: 1365 Mayflower Court, Lot 4 of the Woerndle Subdivision (please see attached location map) ZONING: R -15 PUD APPLICANT'S REQUEST: The applicant is requesting Conditional Use approval to develop a basement level accessory dwelling unit in conjunction with the construction of a new 2,171 s.f. residence. The accessory unit will be approximately 480 s.f. of net livable area. Please see Attachment "A" for floorplans and building elevations. STAFF COMMENTS: The subject property in vacant. For the construction of a residence, Ordinance 1 requires either deed restriction of the new home, provision of an accessory dwelling unit, or cash -in -lieu for affordable housing. The applicant is proposing a deed restricted accessory dwelling unit to comply with Ordinance 1. 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 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. 12 Commission shall be adhered to and considered conditions of r✓ approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on April 21, 1992. Attest: Planning and Zoning ommission: e zt /��I � sYru-c -c- 2 Jan C.rney, Deput /City Clerk Jasmine Tygre, Ch ' ■. 2 RESPONSE: The accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit will not be visible from the outside. 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 unit will be completely contained within the proposed home. A parking space is not required by code for a studio accessory unit, but staff believes that one should be provided for the unit assuming it will be occupied by a long -term tenant. Ms. Furr indicates that a bus stop is located nearby the proposed home. The unit will access the exterior through a garden level patio on the west side of the house. No other 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 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 be able to house a local employee. 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. Section 8 -104 1.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 2 I7 Conditional Use for a 482 s.f. basement level accessory dwelling unit for the Patrick residence 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 property, a copy of the recorded deed restrictions for the accessory dwelling y units must be forwarded to the Planning Office. I� One parking space shall be provided on -site for the accessory / /dwwelling unit. R 4. 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 U ��� approval, unless otherwise amended by other conditions. 5, AN e� � �, ,�� a ay. gad ( P&J ca it 4 RECOMMENDED MOTION: I move to approve Conditional Use for a 482 s.f. basement level accessory dwelling unit within the proposed Patrick residence at 1365 Mayflower Court with the four conditions recommended in the Planning Office memo dated 4/21/92. 6 - - e S , Sa t ra r �l e EM �4, crg *DU Doi ra Attach ts: "A" - Proposed Site Plan, Floorplans, and Elevations -Pe?'" 1A-zj 3t - S k u ca. - ia-i. 4-4. uT u ) ■ Patrick.adu.memo 3 (,1 PLANN1aG & A EONING COMISSION EXHIBIT 11 it" , APPROVED . 19 BY RESOLUTION • \ • `SMC V • t i t' � _ • `� w �Mk Maly • • Aspti ` Wis t.N HOT IS 1t : TC M 11 I _ • . € qQ C * • -. p * b ill i , • - • Tlnk�- 1 01 1 566 I - r..l "\ {\ �� t • 4 C Y• \ \� S :..I • = may �� _ 111 \ � ` ' \'Z *. 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L I! 4 f _ 1 - jj, 4 % _I — I 'i I f - . _mex Naz (AT v Ac ) - Z &I -o" I ir ��: I) '; i f -t I t i. I It i' 1 I H fo II - _ I I, I l __ i I 1 I i 1 I _ 1 1 ... ,,..., • ...... ..., 1 1 I 1 --- 1 i 1 i — i1 , t r' I 4i ill I LI (_LlI I 11111fi D 3 ' j' I I 1 ; ; " ' = t • I + Z I AN W > Z i ' 0 I I '• ( �! � 4. Al t', i I I iii , ; 1 l � r. I - APR 1 4 April 14, 1992 Larry Fredrick 52 Mc Skiinming Aspen, Co. 61611 Kim Johnson Aspen Planning and Zoning 130 S. Galena Aspen, Co. 61611 Re: Patrick: conditional use review, Lot 4 Worndell Subdivision As an adjacent homeowner, and full time resident, I have no objection to a single family unit being built on - lot 4. However, I do object to an additional acessory dwelling unit being allowed. Mayfolwer Court is a dead end dirt road. Adding an additional single living unit will increase traffic and impact by at least 25'%, from three to four units. This will also increase dust polution by a proportional amount. Allowing additional living units, reguardless of their size will impact the area even more If you allow additional living units ( Acessory Dwelling Units) in this cul -de -sac the total living units could eventually total eight seperate living units. That would mean an increased impact of more than double the current situation. This is assuming that lot 5 cannot be developed as well. To allow such an impact to this neighborhood will change the character. In e-ffect you change the zoning to one o+ duplexs rather than single family units. This is nothing more than a bureaura.tic way to bring back bandit units leagaliy, when just a short while ago they were considered a blight on the community. The idea that the acessory unit could be restricted to long term rental is encouraging, however silly. Given the bureaucracy required to enforce it , abuse is but a simple matter. Personal experience in this neighborhood in attempts to control short term rentals has been a waste of my time trying to get the system to work. I don't forsee anything in the future that would make the system work any better. Given the current fad like atmosphere within the city government for low cost acessory dwelling units I have no doubt my arguments will have little effect and be passed off as just another NIMBY. That is :indeed sad as I will have to deal. with the impact of increased noise, dust, traffic, loose and noisy pets, etc.. Once the impact is incurred there will be no way to • correct it in the future. If it were not for NIMBY's just imagine what Aspen could have become'- Unfortunately I will be out of town during the hearing on April 21st. I hope this letter will express my total discontent with the acessory dwelling unit concept, d - ncereiy, 1J Fredrick ATTACHMENT 1 LAND USE APPLICATION MUM • 1) Project mane 020e64E9 U)01.40 pAT216 SZEh ;op.w:E 2) Project Location kr 4 WDEPLNDI.G 4'U?QRiI*I0'J , AtPe1.) (indicate street address, lot & block number, legal description cohere aPpr°priate) . 3) Present Zoning 2: • 16 PIA!? 4) Iot size 7483 2. xr. 5) Applicant's Name, Address & Prone 1 J041.1 f4TZIGX. 150 W1104 � 1.4GIAIJA pGec1+ C. 92651 714. 4 6) Representative's Name, Address & Prone S 'USAA) 1`U181. COOX 11300 4,5p0.4 co 01(012 q22- G0114 7) Type of Application (plea check all that apply): X Conditional Use _ Concepts SPA _ Conceptual Historic Dev_ Special Review _ Final SPA _ Final Historic De/- _ 8040 Greenl i ne Conceptual MD Minor Historic Dev_ Stream Margin ___ Final RID Historic Demolition Mountain View Plane _ Cihlivision Historic Designation CbrdcminiuMization Text/Map Amendment CVOS Allotment Int Spllt,/Int Tine _ Q9S Exemption - - . Adjustment 8) Desc r iipti on of Ddsti rn Uses '(number and type of existing structures; approximate sq_ ft.; number of bedrooms; any previous approvals granted to the prof erty) - UNIMPizov02 1.01" - ND ptzevl0U5 47PRDUAfh GrZAN 9) Description of Development Application 4 ArMGNEQ WT1BZ. 10) have you attactmd the following'? - - Respcnse to Attachment 2, Minimum Sul:mission Contents i/ Response to Attachment 3, Specific <1111111 'Sion Contents — V Response to Attactment 4, Review Standards for Your Application MAR I 01992 RRz�i March 3, 1992 PROPOSED JOHN PATRICK RESIDENCE Lot 4, Woerndle Subdivision Mayflower Court Aspen, Colorado Conditional Use Application for an Accessory Dwelling Unit as per Ordinance No.1 (series of 1990) We propose to provide a 482 square foot studio apartment to be rent restricted for employee housing. The accessory dwelling unit is located in the lower level, completely below grade, except for the entrance, of our proposed 2171 square foot (above grade) residence. The residence also has a 784 square foot 2 -car garage, so the proposed F.A.R. is 2355 square feet. The residence also will have an additional 670 square feet below grade, besides the apartment. The studio apartment has a full bath and a kitchenette and a storage area in addition to the primary living space. It has an entry separate from the primary residence entry. Plans for proposed residence have been enclosed, meeting all the requirements for Attachment 3. It is to be built on a currently undeveloped lot in an R -15 P.U.D. district. Included in our proposal, as per Attachment 2, is a letter authorizing Susan Furr as the representative for John Patrick, a disclosure of ownership of the property on which the residence is proposed, and a vicinity map. In response to Attachment 4, our proposal is consistent with the Aspen Area Comprehensive Plan and the zone district. It is compatible with the homes in the immediate vicinity. The location of the apartment and it's access minimizes any adverse effects upon the neighborhood and there are adequate public facilities to accommodate the extra dwelling unit. The intent is to supply affordable housing, if the apartment is rented, and we feel our plan complies with all the standards of any other applicable requirements. Resp ctfully s itted, Susan Furr, uthorized Representative for John Patrick Box 11300, Aspen, CO 303 - 925 -6114 4. March 3, 1992 To Whom It May Concern; RE: Conditional Use Application I, John William Petrick, authorize Susan Furr as my personal representative, to act on my behalf in all matters pertaining to the Conditional Use Application for apartment use. John William Patrick Susan Furr 950 Wilson Box 11300 Laguna Beach, CA 92651 18 Roaring Fork Drive (714) 494 -2619 Aspen, CO 81612 -9599 (714) 731 -3100 (303) 925 -6114 S C H E D U L E A ORDER NO.: 00018778 POLICY NO.: 0 -9981- 107345 DATE OF POLICY: January 07, 1992 at 12:31 P.M. AMOUNT OF INSURANCE: $ 330,000.00 1. NAME OF INSURED: JOHN PATRICK 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE.TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: JOHN PATRICK 4. THE LAND REFERRED TO IN THIS POLICY IS IN THE STATE OF COLORADO, COUNTY OF PITKIN, AND IS DESCRIBED AS FOLLOWS: Lot 4, WOERNDLE SUBDIVISION Stewart Title of Aspen, Inc. • 602 E. Hyman Aspen, CO 81611 i • 303- 925 -3577 .EA1170 RI2ED rf SIGNATURE U STEWART TITLE GUARANTY COMPANY 99C • ".“ • S C H E D U L E B • POLICY NO.: 0- 9981 - 107345 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. 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. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. 7. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSIONS IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 8. Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits claimed or known to exist on March 23, 1885 and the right of the proprietor of any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits for the purpose of extracting and removing the ore from such vein or lode, should the same be found to penetrate or intersect the premises, all as reserved in patent recorded June 17, 1949 in Book 175 at Page 246 as Reception No. 96480. 9. Reservation of the mineral rights within Lots 20, 22 and 23 in Block 18 of Riverside Addition, instruments recorded in Book 3 at Pages 431 and 438 as Reception No. 26702, and in Book 63 at Page 140 as Reception No. 35190, containing the provision that the exercise of said interest steal be done without in any way disturbing or interfering with or unfitting for dwelling or other domestic purposes the surface ground of said Lots. Continued on next page STEWART TITLE OQS6•NTY COYPSR• 99C• ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO.: 0 -9981- 107345 CONTINUATION OF SCHEDULE B 10. Easement Agreement for easements for ingress and egress and for utilities as set forth in instruments recorded_ September 18, 1974 in Book 291 at Page 354, Book 291 at Page 362 and Book 291 at Page 363. 11. Terms, conditions and obligations as set forth in Woerndle Subdivision Agreement recorded September 18, 1974 in Book 291 at Page 358 as Reception No. 170135. 12. Protective Covenants for Woerndle Subdivision as set forth in instrument recorded September 18, 1974 in Book 291 at Page 365 as Reception No. 170138, and as amended by First Amendment recorded June 13, 1984 in Book 467 at Page 823 as Reception No. 260206. 13. Easements and restrictions as set forth on the recorded plat of Woerndle Subdivision. 14. Terms and conditions as contained in Articles of Incorporation for the Woerndle Subdivision Homeowners Association, recorded October 26, 1976 in Book 318 at Page 467 as Reception No. 188270. 15. A Deed of Trust dated January 3, 1992, executed by John Patrick, to the Public Trustee of Pitkin County, to secure an indebtedness of $264,000.00, in favor of Wolfe Employee Pension Trust, recorded January 7, 1992 in Book 666 at Page 212 as Reception No. 340279. STEWART TITLE GUARANTY Corr•■• our ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 FAX# (303) 920 -5197 March 13, 1992 Ms. Susan Furr P.O. Box 11300 Aspen, CO 81612 Re: Patrick Conditional Use Review for an Accessory Dwelling Unit Case A24 -91 Dear Susan: 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 to be held on Tuesday, April 21, 1992 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. 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 mail notice to property owners within 300' and to post the subject property with a sign prior to the public hearing on April 21, 1992. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Kim Johnson, the planner assigned to your case. Sincerely, Cindy Christensen Administrative Assistant form: complete.apz.ph