HomeMy WebLinkAboutresolution.apz.016-98 RESOLUTION
OF THE ASI~E~LANNING AND ZONING COMMISSION
FOR THE APPRQy~AL OF A C0~NDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT~T THE ELDEN RESIDENCE, 727 BAY STREET, lOTS 7, 8,
& 9, BLOCK/2, OKLAH°MA FLATS ADDITION, CITy OF ASPEN.
Parcel No. 2737-073-11-002
Resolution #98-~
WHEREAS, the Community Development Departmem received an application
from Richard Elden, owner and applicant, for a Conditional Use Review for an Accessory
Dwelling Unit of approximately eight hundred and fifteen (815) square feet to be located
in a space above an existing garage at 727 Bay Street, Lots 7, 8, & 9, Block 2, Oklahoma
Flats Addition; and,
WHEREAS, the parcel is approximately 13,410 square feet and located in the
Low Density Residential (R-30) Zone District; and,
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units in the R-30 Zone District may be approved by the Planning
and Zoulng Commission as Conditional Uses in conformance with the requirements of
said Section; and,
WHEREAS, the Housing Office, Water Department, Fire Marshall, Aspen
Consolidated Sanitation District, City Engineering, Parks Department, and the
Community Development Department reviewed the proposal and recommended approval
with conditions; and,
WHEREAS, during a public hearing at a regular meeting on July 21, 1998, the
Planning and Zoning Commission approved by a 6-0 vote the Conditional Use for an
Accessory Dwelling Unit for the Elden Residence, 727 Bay Street, with the conditions
recommended by the Community Development Department, as amended by the
Commission during the hearing.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for an 815 square foot Accessory Dwelling Unit to be located
above an existing garage at 727 Bay Street, the Elden Residence, is approved with the
following conditions:
1. The Commission varies the ADU dimensional requirements to allow this larger unit of
appmximate!y 815 square feet.
2. Prior to the issuance of any building permits the building plans shall reflect:
a) that th~ proposed ADU is labeled as such and meets the definition of an
Accessory Dwelling Unit.
b) 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) and a
bathroom (having a minimum ora shower, sink, and a toilet).
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c) that there is a signed and recorded ADU deed restriction on the property, a form
for which may be obtained from the Housing Office. The deed restriction shall be
noted on the building permit plans.
d) that the ADU has the minimum one (1) off-street parking space provided. The
ADU space must have clear access and cannot be stacked with a space for the
primary residence.
e) that the ADU meets all applicable UBC requirements for light and air.
3. Prior to issuance of a Building Permit, the building permit plans shall identify a 5 ft wide
pedestrian space along Bay Street, the applicant shall execute a curb, gutter, and
sidewalk agreement, and the applicant shall execute an agreement to join any future
improvement districts for the purpose of constructing improvements which benefit the
property under an assessment formula.
· 4. Prior to issuance of a Building Permit, the applicant shall gain approval from the City
Water Department for any additional service improvements required.
5. 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.
6. Both the ADU and the principal residence shall be able to function as separate living
units. Each shall have an entrance and access to individual mechanical equipment for
the respective unit.
7. All outside lighting shall be downcast and not used to accentuate architectural or
landscape elements of the prope~zy. The existing outdoor lights on the river-side of the
duplex shall either be removed or re-directed away from the river. The owner shali not
plant any non-native vegetation along the stream.
8. 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.
9. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall
pay all connection charges due to the Aspen Consolidated Sanitation District. The
applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the
ACSD superintendent.
10. Prior to issuance of a building permit, the applicant shall obtain a permit from the
Environmental Health Department for any certified woodstoves or gas log fireplaces
(new coal- & woodbuming fireplaces are not allowed).
11. 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.
12. 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.
13. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
14. 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.
15. 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 July 21, 1998.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
C Om~y ~j Sara Garton, Ch'air
ATTEST:
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