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A RESOLUTION OF THE ASPEN PLANNING AND ZONING CONIIVIISSION
APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT
DESIGN STANDARDS TO ALLOW FOR A FREE MARKET UNIT TO BE DEED
RESTRICTED AS AN ACCESSORYDWELLING UNIT AT 11.6 S. SECOND STREET,
CTfY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-24-007
Resolution No. 30
(Series of 2002)
WHEREAS, the Community Development Department received. an application from
Dianna Beuttas; Deborah Hatch, and Christopher Smith, seeking a special review approval for a
variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the
applicant to deed restrict an existing free market unit as an accessory dwelling unit even though
it does not conform to the dimensional requirements of the zone district in which it is located on
their property located at 116 S. Second Street and described as Unit 1 of the West Side
Condominiums, City and Townsite of Aspen, Colorado; and,
WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community
Development Department staff reviewed the applicant's application for compliance with the
Accessory Dwelling Unit Design Standards Section of the Aspen lviunicipal-Code and found the
submitted development application to be inconsistent with Review • Standazds pursuant to
26.520.050(4) and 26.520.050(5); and,
WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an
application is found by Community Development Department staff to be inconsistent with any
item of the Accessory Dwelling Unit Design Guidelines, the applicant may either amend the
application or appeal staffs. findings to the Planning and Zoning Commission pursuant to
Chapter 26.520.080, Special Review; and,
WHEREAS, all applications for Special Review for variations from the ADU Design
Standazds of Section 26.520.050 must meet the following review standards in order for the
Planning and Zoning Commission to grant a variance from the ADU design standazds:
a) The proposed ADU is designed in a manner which promotes the purpose of the ADU
program, promotes the purpose of the zone district in which it is proposed, and promotes
the units general livability; and
a) The proposed ADU is designed to be compatible with, and subordinate in chazacter to,
the primary residence considering all dimensions, site configuration, landscaping,
privacy, and historical significance of'the property; and
c) The proposed ADU is designed in a manner which is compatible with or enhances the
chazacter of the neighborhood considering all dimensions, density, designated view
planes; operating characteristics, traffic, availability ofoff-street pazking, availalillity
of transit services, and walking proximity to employment and recreational opportunities.
WHEREAS, the Community Development Drrector, after review of the requested
variance, recommended approva] of the special review to allow the applicant to vary the ADU
design standazds to deed restrict an existing free market unit as an accessory dwelling unit even
though it does not conform to the dimensional requirements of the zone district in which it is
located; and,
WHEREAS, the Aspen/Pitkin County Housing Authority, after review of the
requested variances, recommended approval of the special review to allow the applicant to vary
the ADU design standazds to deed restrict an existing free mazket unit as an accessory. dwelling
unit even though it does not conform to the dimensional requirements of the zone district in
which it is located; and,
WHEREAS, during a duly noticed public hearing at a regular meeting on November 5,
2002, the Planning and Zoning Commission, approved by a vote of six to zero (6-0) a special
review application to vazy the ADU design standazds to deed restrict an existing free market unit
as an accessory dwelling unit even though it does not conform to the dimensional requirements
of the zone district in which it is located at 116 S. Second Street, City and Townsite of Aspen;
and,.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1
That a special review for a variance from the. ADU Design Standards to deed restrict an existing
free market unit as an accessory dwelling unit even though it does not conform to the
dimensional requirements of the zone district in which it is located at 116 S. Second Street,
Aspen, Colorado, is approved pursuant to Land Use Code Section 26.430, Special Review with
the following conditions:
1. The applicant shall prepare and record an amended condominium plat that
clarifies that the ADU unit shall not be sold as a sepazate interest from one of the
duplex units.
2. The applicant shall obtain an encroachment license from the City Engineering
Deparhnent to maintain the roof overhang encroachment into the alley.
3. The applicant shall provide one additional pazking space for use by the ADU unit
as is represented in the application. This pazking space shall be designated for the
use of the occupant of the ADU on the amended condominium, plat. The fencing
on the north side of the pazking space, shall be removed to allow for the space to
be used by the occupant of the ADU.
4. The applicant shall maintain their trash storage within the confines of their
property as was established in their original condominium plat that was recorded
in the Pitkin County Clerk and Recorder's office at Book 10, Page 57.
Section2:
All material representations and commitments made~by the applicant pursuant to the special
review approvals as herein awarded, whether in public hearing or documentation presented
before the Planning and Zoning Commission are hereby incorporated in such approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect 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 4:
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
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof
APPROVED by the Commission at its regulaz meeting on November 5, 2002.
APPROVED AS TO FORM:
~.;-
City ome
PLANPiING AND Zl~ G COMMI5$IONq
Jasmine Tygre, Chair
ATTEST:
~i
J 'e Lothian, Deputy City Clerk,