HomeMy WebLinkAboutresolution.apz.030-08RESOLUTION N0. 30
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING THREE SPECIAL REVIEWS FOR THE EXPANSION
OF AN ACCESSORY DWELLING UNIT LOTS 6 AND 7, SECOND ASPEN
COMPANY SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO,
COMMONLY KNOWN AS 860 ROARING FORK ROAD.
Parcel No. 2735-121-04-013
WHEREAS, the Community Development Department received an application
from Gary Lauder represented by Alice Davis of Davis Horn, Inc., requesting approval of
Special Review for the expansion of carriage house on Lot 6 &7, Second Aspen Company,
City of Aspen; and,
WHEREAS, the subject property is approximately 1.49 acres and is located in the
Moderate Density Residential R-15 Zone District; and,
WHEREAS, the carriage house is considered anon-conforming structure and is
subject to Special Review, pursuant to Land Use Code Section 26.312.030, Non-conforming
structures; and,
WHEREAS, Land Use Code Section 26.312.030 was amended by Ordinance No. 7
of Series 2008, to permit additional floor area on properties with a mandatory occupancy
accessory dwelling unit and which are legally established nonconformities with respect to
floor area; and,
WHEREAS, the cazriage house expansion will be constructed partially sub grade
and the net livable azea will be increased to 1,718. These variances are subject to Special
Review, pursuant to Land Use Code Section 26.520.050, Accessory Dwelling Units and
Carriage Houses -Design Standards; and,
WHEREAS, the Planning and Zoning Commission may approve or deny a variance
to the Accessory Dwelling Units and Carriage Houses Residential Standards in conformance
with the review criteria established in Land Use Code Section 26.520.050, Accessory
Dwelling Units and Carriage Houses, Design Standards; and 26.430.040 Review Standards
for Special Review and 26.520.080 Special Review Procedures for Accessory Dwelling
Units and Carriage Houses; and
WHEREAS, the Planning and Zoning Commission may approve or deny an
expansion of anon-conforming Accessory Dwelling Unit or Carriage House when floor area
from a sending property is extinguished and transferred to a mandatory occupancy
Accessory Dwelling Unit or Carriage House to a maximum of 500 square feet. The
application must be in conformance with the review criteria established in Land Use Code
Section 26.312.030, Non-Conforming Structures, Ordinance No. 7 of Series 2008
(amending that Code Section) and 26.430.040 Review Standards for Special Review; and
WHEREAS, the Community Development Department has reviewed the proposal
and recommended that the Planning and Zoning Commission approve with the three
requests for Special Review; and,
RECEPTION#: 553258, 09/30!2008 at
08:56:21 AM,
1 OF 6. R 531.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, during a duly noticed public hearing on September 16, 2008, the
Planning and Zoning Commission approved with conditions, by a 5 - 0 vote, the land use
request; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
860 Roaring Fork Road Special Review to expand the mandatory occupancy Carnage House
on Lots 6 & 7, Second Aspen Company, is hereby approved with the following conditions:
1. The expansion to the carriage house shall be no greater than 379 square feet of
floor area. The total floor area of the carnage house shall not exceed 1,200
squaze feet of floor area and not more than 1,718 squaze feet of net livable area.
2. No further development shall occur on Lot 6 & 7, Second Aspen Company
other than what is approved by Resolution No. 30, Series of 2008.
3. An approved tree permit from the Parks Department will be required before any
demolition or significant property changes take place. The tree permit must be
approved prior to submission of the building permit. Mitigation for removals
will be paid cash in lieu or adjacent to the site. Any excavation under the drip
line permit will need to be approved along with the tree permit.
4. The building permit application shall include the following:
a) A copy of the final Planning and Zoning Commission Resolution
b) The conditions of approval printed on the cover page of the
building permit set.
c) An Excavation Stabilization Plan that will show the extent of the
excavation, the location of constriction fences around the excavation,
erosion control measures, spot elevations at the top and bottom of cuts,
and site-specific construction drawings of the excavation and
stabilization measures. The Excavation Stabilization Plan must be
stamped by a Colorado Professional Engineer. For all excavation, the
Contractor must comply with neighbor notification requirements
stated in Section 3307 of the 2003 International Building Code.
d) A Site Grading Plan stamped by a Colorado Professional Engineer, to
ensure that the grading plan agrees with the drainage plan. Plans must
demonstrate positive drainage away from structures as required by the
Building Code (Il2C - R401.3 and IBC -1805.3.4).
e) A Drainage and Erosion Control Plan and Report stamped by a
Colorado Professional Engineer. On-site drainage is to be designed in
accordance with the City of Aspen Engineering Design and
Construction Standards. IBC Section 3307.1 requires that provisions
be made to control erosion. The City requires a plan that shows the
location of erosion control measures, drainage patterns, and details of
erosion control structures. The plan must include notes that describe
how erosion control measures will be regularly maintained. The
erosion control plan must show the location of mud racks, the location
of water for washing tires and the retention of the wash water.
f) A soils and foundation report shall be reviewed and accepted by the
City Engineer with the Building Permit.
g) A construction management plan that details the proposed
method and means by which the site will be accessed with
excavation and grading equipment during construction. This
plan shall also detail the proposed construction parking, which
shall demonstrate that except for essential trade trucks, no
other personal trucks are to be parked in the azea around the
site.
h) The Applicant shall abide by all noise ordinances.
Construction activity is limited to the hours between 7 a.m.
and 7 p.m, Monday through Saturday.
i) Documentation evidencing the transfer of floor area from the sending
site Lot lA, Second Aspen Company, allowing the expansion to the
Carnage House on Lot 6&7, Second Aspen Company.
5. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as
they pertain to utilities.
Section 2: If the carnage house does not comply with the mandatory occupancy standards
of the Aspen/Pitkin County Housing Authority for a mandatory occupancy unit and is found
to be non-compliant, the improvements will be required to be removed.
Section 3:
The development approvals granted herein shall constitute asite-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this resolution, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
~,,,~ City of Aspen, a notice advising the general public of the approval of a site specific
,~ development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, pursuant to the
Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised
Statutes, pertaining to the following described property: Lot 6 & 7, Second Aspen
Company, by Resolution No.30, Series of 2008, of the Aspen Planning and
Zoning Commission.
Section 4:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, aze hereby incorporated
in such plan development approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 5•
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
~.,,
Section 6•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a sepazate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day
of September, 2008.
APPROVED AS TO FORM:
im True, Special Counsel
ATTEST:
,~
.lackie Lothian, eputy City Clerk
Exhibit A -Approved Drawing Attached
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