The URL can be used to link to this page

Home My WebLink Aboutresolution.apz.039-98P&Z Resolution 98-39 Page 1 of 3 ~_ILVIA DAVI~ PITK~N COUNT~ CO R 16.00 D 0.00 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN AMENDMENT TO A CONDITIONAL USE APPROVAL 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 PL~T~'~'W'~ST F~NCis 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 THE 6TH P.M.), CITY OF ASPEN, COLORADO Resolution 98-39 WHEREAS, the Community Development Department received an application from Running Bear LLC., owner, for an Amendment to the Conditional Use approved in Resolution 98-23, where the amendment provides for two (2) below-grade Accessory Dwelling Units, each having approximately 381 square feet of net livable; and WHEREAS, 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 tn conformance with the requirements of said Section, and pursuant to Section 26.60.080(B), requests for amendments to previously approved Conditional Uses can also be approved by the Planning and Zoning Commission; and WHEREAS, the Community Development Department reviewed the proposed amendment 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 December 15, 1998, at which time the Commission received and considered public comment, and approved by a six to one (6 - 1) vote the proposed amendment to the approved 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 Amendment to the Conditional Use approval granted in Resolution 98-23 is hereby approved for two (2) Accessory Dwelling Units each containing approximately 381 square feet of net livable area and attached, below grade, 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.), 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; 10/19/2004 I1:13~ ~_Z._LVI~ DRVIS PITKIN COUNTY CO R 16.eo D 0.eo d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as J separate one-bedroom units, separated from the primary residences; 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 easement or public fight-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, site coverage, 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 either building is found to contain 5,000 square feet or more of gross area, approval and subsequent 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 both between each ADU and the principal residences and between each ADU and the garages located above them; 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. o. Provide all conditions of approval, as indicated in the approved Resolution, as notes on the building permit application plan sets. 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 footprints, easements, any encroachments, entry points for utilities entering 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. Permit Community Development Department, Engine~nng, and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and c. Provide the Community Development Department with as-built drawings for keeping ~n the planning case file records. 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. or t.o the issuance of any building permits, a review of any proposed minor changes om tl~e approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. P&Z Resolution 98-39 Page 3 of 3 o 5133195 Page: 3 of 3 lo/zg/zeo4 1~: ~.3~ SILVIA DAVIS PITKIN COUNTY CO R t6.ee D e.ee 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 AnUs; sufficient means of preventing icing of the stairway is also required. 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 in working with the Parks Department 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. This shall be noted on the Building Permit application plan set, and on the as-built plan sets required before issuance of a Certificate of Occupancy. 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. 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. 11. Prior to building permit application, the final site plan shall be reviewed for approval by · the Community Development Director; if changes to the plan are considered by the Director as being too substantial for an administrative approval, the project shall be referred back to the Planning and Zoning Commission. APPROVED by the Commission at its regular meeting on December 15, 1998. APPROVED AS TO FORM: Davi~istant ~ty Attorney Attest: ie Lothian, I~epdty City Clerk Planning and Zoning Commission: Sara Garton, Charon c:\homehm/tchh\p&zrnemos\934reso2 .doc