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Home My WebLink Aboutresolution.apz.06-19 RESOLUTION NO. 6 (SERIES OF 2019) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR A VARIATION TO THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO REPLACE AN ACCESSORY DWELLING UNIT WITHIN THE PRIMARY RESIDENCE OF A PROPERTY LEGALLY DESCRIBED AS UNIT B, CIMARRON TOWNHOMES, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 8, 1996 IN PLAT BOOK 40 AT PAGE 87 AND AS DEFINED AND DESCRIBED IN THE DECLARATION FOR CIMARRON TOWNHOMES RECORDED NOVEMBER 8, 1996 AS RECEPTION NO. 398934, COMMONLY KNOWN AS 1011 E HOPKINS AVE. Parcel No. 2737-182-04-009 WHEREAS, the Community Development Department received an application from Chris Bendon of BendonAdams LLC, on behalf of Witmondt Family Investments LLC, requesting Special Review approval for a variation to the Accessory Dwelling Unit Design Standards to reinstall an ADU that had been removed without authorization within the basement at the property at 1011 E. Hopkins Ave.; and. WHEREAS, The ADU had originally been located on the main floor and relocation to the basement was requested; and. WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards, and. WHEREAS, the City of Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director. and has taken and considered public comment at a duly noticed public hearing on March 26.2019: and. WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and. WHEREAS,the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare: and. WHEREAS, the Planning and Zoning Commission approves Resolution No. 6 (Series of 2019), by a five to two (5 - 2) vote, granting approval of Special Review for a variation to the Accessory Dwelling Unit Design Standards as identified herein. I 11111111111111111111111111111111111111111111111111111111111111111111111111 R EPTION#: 655618, R: $28.00, D: $0.00 DOC CODE: RESOLUTION P9 1 of 4, 04/30/2019 at 03:10:23 PM Janice K. Vos Caudill, Pitkin County, CO NOW,THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Special Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variation to the Accessory Dwelling Unit Design standards via Special Review as identified in the attached Exhibit A. with the following conditions: 1. A 100% subgrade location of the ADU is permitted. 2. The mechanical systems of the primary residence and ADU are located in a shared mechanical room, access by the ADU to the mechanical room shall be maintained. 3. An internal connection between the primary residence and the ADU. 4. The kitchen shall include: an oven, a stove with four burners, a sink, a refrigerator with a minimum capacity of 9.5 cubic feet, and a freezer. 5. A reduction in the minimum storage or closet space required is granted to allow a minimum thirty (30) square foot closet. 6. No washer and dryer hook-ups are required. however, access by the ADU to the laundry room shall be maintained. 7. The deed restriction shall be updated to comply with Section 26.520.070, which requires lease terms of no less than six months. Section 2: This approval does not exempt the project from compliance with applicable zoning, building, or any other applicable code regulations within the City of Aspen's Municipal Code. The applicant must submit a building permit application demonstrating compliance with all applicable codes prior to any development on site. Section 3: 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, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: 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 5: 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 meeting on March 26, 2019. APPROVED AS TO FORM: PLANNING AND ZONING CO ISSI Andr ryan, Assistant City Attorney Sp cKnight, air ATTEST: Nicole Henning, Depu y My Clerk Attachments: Exhibit A: Proposed Floor Plan of the ADU N � 0 o -_ 16918 00`uadsy W E any suildOH 3 b0£ a O sui�dOH � � [ � cr Q s P ■ ry Z X W I s ■ 0 W U) 0 a 0 w CL