HomeMy WebLinkAboutresolution.apz.023-98 P&Z Resolution
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT ON LOT 1 OF THE HOWER SUBDIVISION EXEMPTION
PLAT, AND ANOTHER ACCESSORY DWELLING UNIT ON LOT 2 OF THE
HOWER SUBDIVISION EXEMPTION PLAT, 934 WEST FRANCIS STREET (LOTS
L, M. N. AND O, BLOCK 3, CITY OF ASPEN AND THE W 1/2 OF SECTION 12, T
10 S, R 85 W OF TI-IE 6TH P.M.), CITY OF ASPEN, COLORADO
Resolution 98-
WHEREAS. The Community Development Department received an application from
Running Bear LLC., owners, for a Conditional Use Review of two ~2) Accessory Dwelling Units
having approximately 416 square feet of net livable area (Lot 1) and 423 square feet of net
livable area (Lot 2); and
WItEREAS, 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
WItEREAS, the Housing Office, City Engineering, City Zoning, Sanitation, and the
Community Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Planning mad Zoning Commission on September 15, 1998, at which time the Commission
approved by a 6-0 vote the Conditional Use for the 934 West Francis Street Accessory Dwelling
Units with the conditions recommended by the Community Development Department as
amended.
NOW, THEREFORE BE IT RESOLVED by the Commission:
The CondiffCnal Use for two (2) Accessory. Dwelling Units containing approximately 416 square
feet of net livable area (Lot 1) and 423 square feet of net livable area (Lot 2) and attached to the
corresponding residences on Lots 1 and 2 of the Hower Subdivision Exemption Plat (Lots L. M,
N. And O, Block 3, City Of Aspen and the W 1/2 of Section 12, T 10 S, R 85 W of the 6th
P.M.), 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 ama 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 moms, 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 s~gned and recorded Deed Restriction requinng
mandatory occupancy, a copy of which must be obtained from the Housing Office,
for each of the two ADUs;
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d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as
separate one-bedroom units separated from the primary residences by lock-off doors
of the variety typical of hotel suites (set of two adjoining doors);
e. Provide a minimum of one 8.5' x 20' on-site 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;
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
agreemem 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:
1.. If either building is found to contain 5,000 square feet or more of gross area,
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 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,
easemems, any encroachments, entry points for utilities entering the property
boundaries and any other improvements to the Aspen/Pitkin County Information
Systems Departmem 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:
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 m 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.
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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
(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). The applicant shall also make a good faith effort to preserve
the trees numbered as 8, 13, and 14 on the Site Improvement Survey.
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. In the driveways that serve as access to the garages of the primary residences, only
parallel parking shall be permitted, and standard head-in/out parking in these driveways
is prohibited due to inadequate depth.
9. All fencing located forward of the front setback lines of both lots shall be visually
permeable with a height not to exceed four (4) feet from finished grade, and shall allow
for compliance with the open space requirements of the zone district.
10. The applicant shall receive an FAR bonus on each lot equal to 50% of the net livable
area of the ADU on that lot.
11. Ail 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 regular meeting og SeptetS, er
APPROVED AS TO FORM:
David Hoefer, .~.ssistant ~"]-ty Attorney
Attest: Planning and Zoning Commission:
De, l~uty City Clerl~ Sara Garton, Chairperson
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