The URL can be used to link to this page

Home My WebLink Aboutresolution.apz.031-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE TO PLACE TWO (2) DETACHED SINGLE-FAMILY RESIDENCES AND TWO ACCESSORY DWELLING UNITS ON A SINGLE HISTORIC LANDMARK LOT OF 6,000 SQUARE FEET IN THE R-6, MEDIUM-DENSITY RESIDENTIAL ZONE DISTRICT, TO WAIVE ONE OFF-STREET PARKING SPACE BY SPECIAL REVIEW, AND TO RECOMMEND LANDMARK DESIGNATION FOR 735 W. BLEEKER STREET, LOTS A AND B, BLOCK 18, CITY AND TOWNSITE OF ASPEN, COLORADO, PARCEL I.D. #2735-124-45-001. Resolution 98-31 WHEREAS, the Community Development Department received an application from Drew Dolan, owner, for a Conditional Use Review to place two (2) detached single- family residences and two (2) Accessory Dwelling Units on a single Historic Landmark Designated lot of 6,000 square feet in the R-6, Medium-Density Residential zone district, to waive one (1) off-street parking space and to review landmark designation for 735 W. Bleeker Street; and WHEREAS, Pursuant to Section 26.28.040(C)(7) of the Aspen Municipal Code, two detached residential dwelling on a designated Historic Landmark lot of at least 6,000 square feet may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of the aforementioned Section as well as Section 26.60.040, Standards Applicable to All Conditional Uses, of the Municipal Code; and VOtEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code as well as Section 26,60.040, Standards Applicable to All Conditional Uses, each unit may have one Accessory Dwelling Unit; and WHEREAS, Pursuant to Section 26.64.040.B of the Aspen Municipal Code, the Planning and Zoning Commission may consider a waiver of off-street parking requirements; and WHEREAS, Pursuant to Section 26.76 of the Aspen Municipal Code, the Planning and Zoning Commission must review and make a recommendation in regard to Landmark Designation; and WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, Environmental Health, and 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 and Zoning Commission on October 6, 1998, at which the Commission approved the Conditional Uses, Special Review, and Landmark Designation I Illlll IIIII IIIIII IIIIII IIII IIIII IIIIII III IIIII IIII Illl 423441. 1.012011998 11.:11;I RESOLUT! D~VX$ $XLVX 1 o¢ 4 R 21,00 D 0.00 N 0.00 PZTKIN COUNTY CO for the above-described application with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the CommiSsion: That the conditional use request to place two (2) detached single-family residences and two (2) Accessory Dwelling Units on a single Historic Landmark Designated lot of 6,000 square feet in the R-6, Medium-Density Residential zone district, to waive one (1) off- street parking space and to recommend landmark designation is hereby approved with the following conditions: I. The Planning and Zoning Commission recommends landmark designation finding that the structure is eligible for landmark status as it meets criteria B, D, and E. 2~ The approvals contained herein shall be of no force unless and until the proposed Historic Landmark Designation is granted final approval by the adoption of.an ordinance to that affect bY City Council. The project must also receive final significant development approval from the Historic Preservation Commission for the design and layout of the proposed development. 3. The approvals contained herein are fully contingent upon the applicants' receiving approval of the needed variances from the dimensional requirements of the underlying R-6, Medium-Density Residential zone district from the Historic Preservation CommisSion; the conditional use approval shall not create any nonconformities. 4. Prior to the issuance of any building permits, the applicant shall: a. Complete all tap permits through the Aspen Consolidated Sanitation District. b. Verify that the site development will 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. The applicant must also meet the other concerns of the Environmental Health Department as stated in "Exhibit B" of Amy Guthrie's memo dated October 6, 1998. c. In the event required, a tree remoVal permit must be obtained from the Parks Department for any trees that are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of ill[ material can occur within this/these dripline(s). 5. Prior to issuance of a Certificate of Occupancy, the Housing Office shall inspect the unit to ensure compliance with the following conditions of approval: a. The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restrictions by the Housing I Illlll Illll Illlll Illlll IIII IIIII Illlll Ill IIIII Jill IIII 423441. 1.0/20/1.998 11.:1.11:~ RE$OLUT! Di:IVX$ $XLVX 2 o~' 4 R 21,0~ D 0.~0 N 0.0~ PXTKXN COUNTY CO Office, the applicant shall record the deed restrictions with the Pitkin County Clerk and Recorders Office with proof of recordation to the Plarming Department. The deed restriction shall state that the accessory units.meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. b. The unit must be a totally private unit, which means the unit must have a private entrance and there shall be no other rooms in this unit that need to be utilized by the individuals in the principal residence; i.e. a mechanical room for the principal residence. There shall be no interior doors between the accessory dwelling units and the main houses. c. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs. d. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with 1994 UBC Sound Transntission Control guidelines (Appendix Chapter 12, Division II, Section 1208) and natural light requirements. 6. Prior to the issuance of any Certificates of Occupancy, the applicant shall: a. Install detached sidewalks of at least five (5) feet in width as recommended by the Engineering Department. Any sections of curb and gutter in disrepair shall be replaced and the applicant shall sign a curb and gutter agreement; b. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not with/n the public rights-of-way; said easements shall be depicted on the building permit application plan sets. c. 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; and, d. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval. 7. 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 AsperiPitkin 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. 8. In the event required, the applicant must receive approval from: · The City Engineer for design of improvements, including landscaping, within public rights-of-way; I IIIIII IIIII IIIIII IIIIII IIII IIIII IIIIII III IIIII IIII IIII 423441 10/20/1998 ~,I:llR RESOLUTZ DRVZ$ $ILV! 3 of 4 R 21.00 D 0,00 N 0.00 PZTKIN COUNTY CO · 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. 9. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot occur between the hours of 10:00 p.m. mad 7:00 a.m. I0. If the proposed use, density or timing of the construction of the project change, or the site, parking or utility plans for this project change subsequent to this approval, a complete set of the revised plans shall be provided to the Engineering and Community Development Departme, rtts~.~oj ~,~i, eW~i~ r'~evaluation, or for referral back to the Planmng and Zomng Coi~rhi~s~on. ' 11. All material representations m~ Br~: ~qsphcahf [~ t~s apphcatmn and dunng ubhc meet~n s with the Planmn 53~n ~o/~m ~o ~ ' ' $~1 be adhered to and shall be considered conditions o~ al~prova~, unless othervnse amended by a Board/Commission having authority to do so. APPROVED by the Commission at its regular meeting on October 6, 1998. APPROVED AS TO FORM: Davil~ Hoefer, Assistant Cio Attorney Attest: Planning and Zoning Commission: ~l~ckie Lothian, Deputy City Clerk Jasmine Tygre, Vice-Chai~ek~n I IIIIII IIIII IIIIII IIIIII IIII IIIII IIIIII III IIIII IIII IIII 423441 10/20/t998 1J.:tJ.~ R£SOLUT! D~¥I$ SJLV! 4 o~F 4 R 21.00 D 0.00 N 0.0~ PITI(IN COUNTY CO