HomeMy WebLinkAboutresolution.apz.005-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL OF A STREAM MARGIN REVIEW AND SPECIAL
REVIEW, AS WELL AS A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT ON LOT TEN OF THE CALDERWOOD SUBDMSION, 1110
WATERS AVENUE, CITY OF ASPEN
Resolution 98- (~,~'
WHEREAS, The Community Development Department received an application from
Alan Richman Planning Services on behalf of,Bill and Claudia Coleman, owners, for Stream
Margin Review and Special Review of a proposed remodel of and addition to an existing
residence, and Conditional Use Review of a below-grade Accessory Dwelling Unit having
approximately five hundred fifty (550) square feet of living area; and
VfHEREAS, pursuant to Section 26.68.040 of the Aspen Municipal Code, Stream
Margin Review applications may be approved at a public meeting by the Planning and Zoning
Commission; and
WHEREAS, pursuant to Section 26.64.040(D) of the Aspen Municipal Code, Special
Review for "Essential" development within the Stream Margin may be approved at a public
meeting by the Planning and Zoning Commission: and
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory
Dwelling Units may be approved at a public hearing by the Planning and Zoning Commission as
Conditional Uses in conformance with the reqmrements of said Section; and
WHEREAS, the Housing Office, the City Engineering Department, the Parks
Department, the City Zoning Officer, the Aspen Consolidated Sanitation District, and the
Community Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, a public meeting regarding the Stream Margin Review and Special Review
applications was held at a regular meeting of the Planning and Zoning Commission on March 17,
[998, at which the Commission approved by a vote of 6-0 the Stream Margin Review and
Special Review for the 1110 Waters Avenue remodel and addition with the conditions
recommended by the Community Development Department as amended; and
WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Planning and Zoning Commission on March 17, 1998, at which the Commission approved
by a 6-0 vote the Conditional Use for the 1110 Waters Avenue Residence's Accessory Dwelling
Unit with the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section One:
The proposed Stream Margin Review and Special Review for the renovation of and addition
to the single-family residence at 1110 Waters Avenue (Lot 10, Calderwood Subdivision) is
hereby approved with the following conditions:
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~ i. the final plat shall indicate the easterly edge of the building envelope such that it
corresponds with (is identical to) the westerly edge of the fifteen (15) foot no-build zone
(stream margin setback). All development to the east of this building envelope shall be non-
conforming, thus, the remodel of the existing house will be treated as a nonconforming
situation where the approved changes are allowed, provided they do not increase the degree
of non-conformity. Consequently, no part of the remodeled structure will be allowed to be
located closer to the river than is the corresponding part of the existing structure, including
but not limited to the proposed decks.
2. The final plat shall be reviewed for approval by the Engineering and Community
Development Departments, and then recorded by the applicant with the Pitkin County Clerk
and Recorder.
3. Prior to issuance of any demolition, excavation, or building permits, the building envelope
shall be delineated by construction fencing incorporating sediment webbing from a point
approximately thirty (30) feet back from the top of slope and around the river-side of the
envelope to minimize the sedimentation potential along the two side yards and the river
frontage. The barricades shall remain in place until the later of either the issuance of a
Certificate of Occupancy or the completion and establishment of the landscaping.
4. The building permit application shall include a permanent erosion control plan, and a
temporary sediment control and contaminant plan for the construction phase; the applicant
shall submit a drainage report and mitigation plan signed and stamped by an engineer
registered in the State of Colorado with their building permit application, and the provisions
of this plan are required to meet the runoff design standards of Section 26.88.040(C)(4)(f);
if a ground injection or re-charge type drainage system is proposed, the pemolation rate of
the soils must to be measured and included with the plan set submitted for the building
~'~ permit application; and, provisions for drainage of the hot tub shall be reviewed for approval
by the Environmental Health Department prior to the issuance of any building permits.
5. Prior to the issuance of any building permits, a tree removal permit must be obtained from
the Parks Department for any tree(s) that is/are to be removed or relocated (including scrub
oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the
tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s).
6. If any outdoor lighting is used on the subject property, it will not be directed toward the river
or located down the slope, nor will it cause glare or hazardous conditions. All outdoor
lighting shall employ down-directional, sharp cut-off fixtures, and those fixtures set along
walkways (if any) shall be set at no more than twelve (12) inches above finished grade.
7. The applicant shall have a wetlands delineation conducted in the Spring of 1998 by a
qualified expert; said delineation shall be submitted to the Parks Deparanent.
8. The creation of the proposed stepping stone walkway outside of the designated building
envelope is hereby approved. In the case of a flood or other cause of damage, the owner
must repair any portion of this improvement (walkway) that fails or is otherwise damaged
and remove any portion that is dislodged and carried downstream; such repairs must be
completed within one growing season.
9. If the proposed use, density, or timing of the construction of the project change, or the site,
grading, drainage, parking, or utility plans for this project change subsequent to this
approval, a complete set of the revised plans shall be provided m the Engineering and
Community Development Departments for review and re-evaluation.
10. All material representations made by the applicant in this application and during public
~ meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
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Section Two:
The Conditional Use for a below-grade Accessory Dwelling Unit containing approximately 550
square feet of net livable area, attached to the proposed 1110 Waters Avenue residence on Lot
Ten of the Calderwood Subdivision is approved with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling
Unit contains between 300 and 700 square feet;
b. Verify with rite Housing Office that the ADU will contain a kitchen having a m~mmum
of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus
freezer;
c. Provide the Housing Office with a s~gned and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office;
d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a
separate one-bedroom unit;
e. Provide a minimum of one off-street parking space for the ADU that shall be shown and
designated on the final plans;
f. Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights-of-way;
g. Locate any additional proposed construction, including trash facilities, in such a way that
it does not encroach into an existing utility easemem or public right-of-way;
h. Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights-of-way; the agreement shall be
executed and recorded concurrently upon approval of this application;
1. Submit working drawings to verify all height, setback, and floor area calculations, as
well as lot size and lot area calculations;
Complete and record a Sidewalk, Curb & Guttgr Agreement;
k. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; payment of the total connection charges shall be made prior to the issuance ora
building permit;
1. If the building is found to contain 5,000 square feet or more of living area, approval and
installation of an automatic fire suppression system will be required;
m. Verify that the proposed plans for the ADU will comply with all UBC requirements
including but not limited to those addressing natural light and ventilation standards, as
well as sound attenuation walls between the ADU and principal residence; and,
n. Submit building permit drawings which indicate all utility meter locations; utility meter
locations must be accessible for reading and may not be obstructed by trash storage. The
plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot
wide buffer for snow storage.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as-built drawings of the project showing property lines, building footprint,
easements, any encroachments, entry points for utilities entering the property boundaries
and any other improvements to the Aspen/Pitkin County Information Systems
Department in accordance with City GIS requirements, if and when, any exterior
renovation or remodeling of the property occurs that requires a building permit; and,
b} Permit Community Development Department, Engineering and Housing Office staff to
inspect the property to determine compliance with the conditions of approval.
3. In the event required, the applicant must receive approval from:
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· The City Engineer for design of improvements, including landscaping, within public
rights-of-way;
· The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
· The Streets Department for mailboxes and street cuts; and.
· The Community Development Department to obtain permits.for any work or
development, including landscaping, within the public rights-of-way.
4. Prior to the issuance of any building permits, a review of any proposed minor changes from
the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments. or referred back to the Planning and Zoning Commission.
5. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the door and the area in front of the door to the
ADU; sufficient means of preventing icing of the stairway ~s also required.
6. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
APPROVED by the Commission at its regular meeting on March 17, 1998.
APPROVED AS TO FORM:
Attest: Planning and Zoning Commission:
ian~ Deputy City Clerk Sara Garton, Chairperson
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