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Home My WebLink Aboutresolution.apz.025-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT DEED RESTRICTED TO MANDATORY OCCUPANCY, STREAM MARGIN REVIEW, AND WAIVERS OF RESIDENTIAL DESIGN STANDARDS FOR "VOLUME" AND "GARAGE PLACEMENT" FOR THE PROPOSED BRANDING GROUP RESIDENCE, 270 NORTH SPRING STREET, NORTH HALF OF LOT 2 AND ALL, OF LOTS 3, 4, 5, AND 6, BLOCK 2, OKLAHOMA FLATS ADDITION, CITY OF ASPEN. Parcel No. 2737-073-11-005 Resolution #98 -~ WHEREAS, the Community Development Departmem received an application from Kristeen Rosenberg of the Branding Group, owner and applicant, requesting Conditional Use approval for an Accessory Dwelling Unit of approximately five hundred and eighty seven (587) square feet, deed restricted to mandatory occupancy, to be located in a space above a proposed garage,.a request for Stream Margin Review approval for development within the 100-year floodplain, and a request for variances to the "Volume" and "Garage Placement" elements of the Residential Design Standards for a new residence to be located at 270 Spring Street, north half of Lot #2 and all of Lots 3, 4, 5, and 6, Oklahoma Flats Addition; and, WHEREAS, the parcel is approximately 14,175 square feet and located in the Low Density Residential (R-30) Zone District; and, WItEREAS, 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 Zoning Commission as a Conditional Use in conformance with the requirements of said Section; and, WHEREAS, pursuant to Section 26.68.040 Stream Margin Review, development within the 100-year floodplain, in conformance with said Section, may be approved by the Commission; and, WHEREAS, pursuant to Section 26.58 Residential Design Standards, the Design Review Appeal Committee, or any other Board for which land use approval is mqnimd, may waive certain requirements of said Section upon finding the development either (a) is in greater compliance with the goals of the AACP, (b) exhibits a more effective method of addressing standard in question, or It) exhibits a necessary reason for a waiver based on unusual site specific constraints; and, WHEREAS, the Housing Office, Water Department, Fire Marshall, Aspen Consolidated Sanitation District, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a public hearing at a regular meeting on September 15, 1998, the Pla~'mg and Zoning Commission approved by a 7-0 vote the Conditional Use for an Accessory Dwelling Unit deed restricted to mandatory occupancy, approved the Stream Margin Review, and waived the "Volume" and "Garage Placement" element of the I IIIIII IIIII IIIIII IIIIII IIII IIIII IIIIII tll IIIII IIII IIII 423448 10/20/1998 11:].11~ RESOLUTI DI~VIS 1 of 4 R 21.00 D 0.00 N 0.00 PZTtKZN COUNTY CO Residential Design Standards for the Branding Group residence, 270 Spring 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 a 587 square foot Accessory Dwelling Unit, deed restricted to mandatory occupancy, to be located above a proposed garage, the Stream Margin Review, and the waiver of the "Volume" and "Garage Placement" elements of the Residential Design Standards are approved for the proposed Branding Group residence, 270 North Spring Street, with the following conditions: 1. Before the building permit application may be accepted, the applicant shall provide a current site improvement survey wet signed and sealed by a Registered Engineer or Land Surveyor. 2. The Planning and Zoning Commission hereby approves the 587 square foot Accessory Dwelling Unit, as represented. The Zoning Officer shall measure half of the ADU's Floor Area as contributing to the maximum allowable for the parcel as the unit shall be deed restricted to mandatory occupancy. 3. Before issuance of a building permit, the Accessory Dwelling Unit shall be deed restricted and registered with the Housing Authority. Prior to issuance of a Certificate of Occupancy, the Unit shall be inspected by the Housing Authority or the Zoning Officer to ensure the unit was built in substantial conformance with the permit plans and this Resolution. 4. The permit plans shall designate one on-site parking space for the Accessory Dwelling Unit which is not stacked with a space for the primary residence. 5. The Planning and Zoning Commission hereby waives the "Volume" and "Garage placement" elements of the Residential Design Standards for this project. Any substantial change to the proposed residence which necessitates an additional or different variance from the design standards shall require review and approval by the Design Review Appeal Committee, or any other board from which the project requires land use approval. 6. The building envelope for this parcel shall coincide with the zoning setbacks for this parcel. The top-of-slope does not occur within the parcel boundaries. The front yard shall be measured from the Bay Street parcel line. N° development may occur outside of this building envelope accept as represented on the proposed landscape plan. The applicant shall provide a landscape plan, with the building envelope shown, with the building permit set for review and approval. 7. The building envelope shall be barricaded to protect existing vegetation prior to issuance of a building permit. Adequate construction access should be placed to minimize disturbance to the existing vegetation but does not need to be barricaded. 8. All exterior lighting shall be downcast and not used to accentuate architectural or landscape features of the property. 9. The applicant shall, to the extent practical, coordinate the relocation of the cabin and smaller accessory structure with Denise Reich, neighbor. This condition shall !ko!t be construed to be a condition of this development proposal. I Illlll IIlll Illlll Illlll Illl IIlll IIllll Ill IIIll Illl IIII 423440 10/20/'1998 11:111:1 RE$OLUT! I~RVI$ SI*LV! 2 ~ 4 R 21.00 D 0.00 N 0.00 PZTK'rI:!i COUNTY CO 10. 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. 11. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay all connection charges due tothe Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 12. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for any certified woodstoves or gas 10g fireplaces (new coal- & woodburning fireplaces are not allowed). 13. 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. 14. Prior to issuance ora Certificate of Occupancy, the applicant shall provide a Floodplain Elevation Certificate, demonstrating the structure has been constructed according to requirements of building within the floodplain, to the City Engineer. 15. Prior to issuance ora building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 16. ~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 bn the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 17. 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. 18. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 19. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 20. 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. 21. 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. I IIIIII IIIII IIIIll IIIIII IIII IIIII IIIIll III IIIII ll/I IIII 423440 'L0/20/1998 lt:'l'J.{~ RE$OLUTT Di~VZ~ s'rLv! 3 or' 4 R 21.00 D 0.00 N 0.00 P!TKZN COUNTY CO