HomeMy WebLinkAboutresolution.apz.009-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT AT THE HARRIS RESIDENCE, LOT 3 BLACK BIRCH
SUBDIVISION, 75 OVERLOOK DRIVE. CITY OF ASPEN.
Parcel No. 2735-013-07-021
Resolution #98 -
WHEREAS, the Community Development Department received an application
from Rebecca and John Harris, owner and applicant, for a Conditional Use Review for an
attached Accessory Dwelling Unit of approximately four hundred (400) square feet, in
combination with a proposed siagle-family home, on Lot 3 of the Black Birch
Subdivision, 75 Overlook Drive; and,
WHEREAS, the vacant parcel is approximately 16,874 square feet and located in
the Moderate Density Residential (R-15) Zone District; and,
WHEREAS, the Black Birch Subdivision was created in i967 and pursuam m
Section 26.100.050, an Accessory Dwelling Unit qualifies the development of a single-
family home on a lot created before November 14, 1977. for an exemption from the
· Growth Management Quota System; and,
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units may be approved by the Planmng and Zoning Commission as
Conditional Uses in conformance with the requirements of said Section; and,
WHEREAS, the Housing Office, Water Department, Fire Marshall,
Environmental Health Departmem, Aspen Consolidated Sanitat'ion District, City
Engineering, Parks Department, and the Community Development Department reviewed
the proposal and recommended approval with conditions; and
WHEREAS, during a public hearing ar a regular meeting on June 2, 1998, the
Planning and Zoning Commission approved by a 4-3 vote the Conditional Use for an
Accessory Dwelling Unit for 'the Harris residence, 75 Overlook Drive, with the conditions
recommended by the Community Development Departmem.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for an attached Accessory Dwelling Unit for the proposed
single-family residence at 75 Overlook Drive is approved with the following conditions:
1. Prior to issuance of a building permit, the applicant shall submit appropriate
development plans in accordance with all dimensional requirements of the R-15
zone district and Residential Design Standards. The accessory dwelling unit shall
be labeled and the deed restriction noted on the building permit plans. Parking for
the ADU shall be delineated on the building permit plans.
2. Prior m the issuance of any building permits the owner shall:
a. Verify with the Housing Office that the Accessory Dwelling Unit
.contains between 300 and 700 square feet and clearly meets the
definition of an Accessory Dwelling Unit;
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b. Verify with the Housing Office that the ADU will contain a kitchen
having a minimum of a two-burner stove with oven, standard sink, and
~ a 6-cubic foot refrigerator plus freezer;
c. Provide the Housing Office with a signed mad 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 with the minimum one (1) off-street parking space
provided. The ADU space cannot be stacked with a space for the
primary residence
e. Demonstrate the ADU meets all applicable UBC requirements for light
and air.
3. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the
Zoning Officer shall inspect the accessory dwelling unit for compliance with all
appropriate standards in Section 26.40.090 of the Code and any conditions of
approval.
4. Both the ADU and the principal residence shall be designed and constructed to
be able to function as separate living units. Each shall have an entrance and
access to individual mechanical equipment for the unit.
5. Before issuance of a building permit, the applicant shall document on the site
improvement survey the caliper of the trees on-site. A tree removal permit from
the City Parks Department shall be required for the removal or relocation of trees
as per Section 13.20.020 of the Code.
6. Prior to issuance ora building permit, the applicant shall demonstrate to the
approval of the Fire Marshall the ability for a fire truck to turn around in the cul-
de-sac. The City Engineer has suggested designating part of the private
driveway as a hammer head. Any landscape feature in the center of the cul-de-
sac must be approved by the Fire Marshall.
7. Prior to issuance ora building permit, the applicant shall complete a tap permit
and shall pay all connection charges due to the Aspen Consolidated Sanitation
District.
8. If there is a ditch on the property, the applicant must gain approval from the City
Water Department to use any raw water or to alter the ditch.
9. All utility meters and any new utility pedestals or transformers must be installed
on the applicant's .property and not in any public right-of-way. Easements must
be provided for pedestals: All utility locations and easements must be delineated
on the site improvement survey. Meter locations must be accessible for reading
and may not be obstructed.
10. Prior to issuance of a building permit, the applicant shall submit a drainage
report and a drainage plan, including a erosion control plan, prepared by a
Colorado licensed Civil Engineer which maintains sediment and debris on-site
during and after construction. Ifa ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2 year storm
frequency should be used in designing any drainage improvements.
11. The applicant must receive approval for any work within public rights-of-way
from the appropriate City Department. This includes, but is not limited to,
approval for a mailbox and landscaping from the City Streets Department.
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12. Before issuance of a building permit, the applicant shall record this Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
13. 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 approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on June 2, 1998.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
ATTEST:
ck~e Lothian, D~eputy City Clerk
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