HomeMy WebLinkAboutresolution.apz.020-98P&Z Resolution 98-.~0
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE.FOR TWO (2) ACCESSORY
DWELLING UNITS ON 123 EAST ItYMAN AVENUE (LOTS E AND F, BLOCK 69,
CITY AND TOWNSITE OF ASPEN), CITY OF ASPEN
Resolution 98- ~1~
W}IEREAS, The Community Development Department received an application from
Davis-Horn, Inc., on behalf of RK Land and Cattle Co., owners, for a Conditional Use Review of
two (2) below-grade Accessory Dwelling Units having approximately four hundred eighty (480)
square feet each; and
WltEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory
Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses
in conformance with the requirements of said Section; and
WI-IEREAS~ the Housing Office, City Engineering, City Zoning, Sanitation, and the
Community Development Department reviewed the proposal and recommended approval with
conditions; and
WltEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Planning and Zoning Commission on July 21, 1998, and continued to August 4, 1998 at
which time the Commission approved by a 7-0 vote the Conditional Use for the 123 East Hyman
AvenUe Accessory Dwelling Units with the conditions recommended by the Community
Development Department as amended.
NOW, TI-IEREleORE BE IT RESOLVED by the Commission:
The Conditional Use for two (2) below-grade Accessory Dwelling Units containing
approximately 480 square feet each and attached to the corresponding residences on Lots E and
F, Block 69, City and Townsite ofAspen 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 net livable floor area of each Accessory
Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally
private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that
might need to be accessed by people in the principle residences;
b. Verify with the Housing Office that each 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 and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office, for each of the two ADUs;
d. Clearly identify tl~e Accessory Dwelling Units (ADUs) on building permit plans as
separate one-bedroom units;
e. Provide a minimum of one off-street parking space for each ADU, and indicate these
designated parking spaces 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;
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P&Z Resolution 98-~
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g. Locate any additional proposed construction, including trash facilities, in such a way
that it does not encroach into an existing utility easement 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;
i. Submit working drawings to verify all height, setback, and floor area calculations, as
well as lot size and lot area calculations;
j. Complete and record a Sidewalk, Curb & Gutter Agreement;
k. A tap permit(s) 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
of a building permit;
I. If the building is found to contain 5,000 square feet or more of living ar~a, approval
and installation of an automatic fire suppression system will be required;
m. Verify that the proposed plans for the ADUs 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 each ADU and the principal residences;
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 fiye (5) foot wide buffer for snow storage.
2. Prior to the issuance ora 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;
b. Install sidewalks, curbs, gutters, and a five (5) foot wide buffer space between the
walk and curb, meeting the standards of the City Engineering Department; the
existing driveway curb cut must be removed and replaced with full height curb and
gutter; and,
c. 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:
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 doors and the area in front of the doors to
the ADUs; sufficient means of preventing icing of the stairway is also required.
6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be
obtained from the Parks Department for any tree(s) that is/are to be removed or relocated
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(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).
7. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(f), and the building permit application must include a drainage
mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer
registered in the State of Colorado.
8. The ADUs shall not be entitled to any on-street guest parking passes. Primary on-street
parking passes for the ADUs will be permitted only if the units are rented.
9. There shall be no interior connections or doorways between either of the ADUs and
either of the principal residences. Going from one ADU to the other, or from one ADU
to either of the principal residences shall require going outside the building(s).
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 an entity having
authority to do so.
APPROVED by the Commission at its regglar meeting orr Auggst 4 1998.
APPROVED AS TO FORM: ~(~ ~
D~avid Hoefer, Assistant Cityt/Attorney
Attest: Planning and Zoning Commission:
l~i[I~ot~a~n, l~pt]ty City Clerk Sa-~a Garton, Chairperson
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