HomeMy WebLinkAboutresolution.apz.040-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF BOTH A VARIANCE FROM STANDARD
26.58.040(B)(1) OF THE RESIDENTIAL DESIGN STANDARDS AND FOR A
CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT TO BE
LOCATED IN THE ADAIR DUPLEX, 126 PARK AVENUE, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 2737-181-00-034
Resolution #98- h/'0'
WHEREAS, the Community Development Department received an application
from Arja Adair, owner and applicant, for a Conditional Use Review for an Accessory
Dwelling Unit of approximately five-hundred-and-ninety-four (594) square feet to be
located in a proposed duplex at 126 Park Avenue, City of Aspen; and,
WHEREAS, the parcel is approximately 4,953 square feet and located in the
Medium-Density Residential (R-6) Zone District; and,
WHEREAS, pursuant to Sections 26.28.040, Medium-Density Residential,
26.40.090, Accessory Dwelling Units, and 26.60.040, Standards Applicable to All
.Conditional Uses, of the Aspen Municipal Code, Accessory Dwelling Units in the R-6
Zone District may be approved, at a public hearing, by the Planning and Zoning
Commission as Conditional Uses in conformance with the requirements of said Sections;
and,
WHEREAS, pursuant to the provisions of Chapter 26.22 of the Aspen Municipal
Code, the Planning and Zoning Commission may grant variances from any one or more
of the Residential Design Standards of Chapter 26.58; and,
WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, City
Engineering, and the Community Development Department reviewed the proposal and
recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing at a regular meeting on
December 8, 1998, and January 5, 1999, the Planning and Zoning Commission approved,
by a seven to zero (7 - 0) vote, the variance from Standard 26.58.040(B)(1) ofthe
Residential Design Standards, and a Conditional Use for an Accessory Dwelling Unit to
be located in the proposed Adair Duplex, 126 Park Avenue, 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 an Accessory Dwelling Unit of approximately five hundred
ninety-four (594) square feet to be located in the proposed Adair Duplex, 126 Park
Avenue, is approved with the following conditions:
1. The applicant shall rectify all property boundary adjustments prior to applying for a
building permit. A Lot Line Adjustment Plat may he approved by the Community
Development Director pursuant to Section 26.88.030.
2. The Building Permit application shall include/reflect:
a. a signed and recorded copy of this Planning and Zoning Commission Resolution;
b. a current Site Improvement Survey signed by a registered Land Surveyor;
c. a drainage report and a drainage plan, prepared by a Colorado licensed Civil
,~'"x Engineer, including a erosion control plan which maintains sediment and debris on-
site during and after construction. If a 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;
d. a recorded agreement to construct sidewalk, curb, and gutter for the contiguous
portions of Park Avenue;
e. a recorded agreement to join any future improvement districts for the purpose of
constructing improvements which benefit the subject property under an assessment
formula;
f. a recorded property deed restriction for the Accessory Dwelling Unit, a form for
which may be obtained from the Housing Office. The deed restriction shall be noted
on the building permit plans;
g. that the proposed ADU is labeled as such, meets the definition of an Accessory
Dwelling Unit, and contains between 600 and 700 square feet of net livable space;
h. that the ADU is able to function as a separate dwelling unit having a separate
entrance and Containing a kitchen (having a minimum of a two-burner stove with
oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom;
i. that the ADU has the minimum one (1) off-street parking space of standard size
(18' x 8.5') provided on-site and not encroaching on public rights-of-way. Thc
ADU parking space shall be labeled on the permit plans;
j. that the two driveways are separated by at least twenty (20) feet;
k. that the ADU meets all apPlicable UBC requirements for light, sound attenuation,
and air ventilation;
1. compliance with the dimensional requirements of the R-6 Zone District. Property
hiatuses shall not contribute to the calculation of allowable Floor Area for the
property; and,
m. compliance with the service requirements of the Aspen Consolidated Sanitation
District, a completed tap permit, and payment of all connection charges due to the
ACSD.
3. The "one-story element" Residential Design Standard requirement is satisfied as
provided in the land use application drawings without the provision of an overhang
above the northern-most garage. If approved, this condition represents a variance from
the one-story element provision (26.58.040(B)(I)) of the Residential Design Standards
based on a finding that variance criterion "B" of Section 26.22.010 has been met.
4. All utility meters, and any new or relocated 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 on the
site improvement survey. Revisions to utility locations and easements, if any, must be :
delineated on a revised site improvement survey prior to issuance of a Certificate of
Occupancy. Meter locations must be accessible for reading and may not be obstructed.
5. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees. Also, no excavation can occur within the drip line of the tree(s) to be
preserved and no storage of fill material can occur within this/these drip line(s).
6. 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. The applicant shall inform the contractor of this condition.
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7. The applicant must receive approval for any work within public rights-of-way from the
appropriate City Department(s). This includes, but is not limited to, approval for a
mailbox and landscaping from the City Streets Department.
8. The applicant shall record this Planning and Zoning Commission 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.
9. 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 amended by an entity with the authority to do so.
10. If shrubbery on either side of the A~)U window wells is not accepted by the Chief Building
official as meeting proper safety requirements, the applicant shall accommodate the
Uniform Building Code requirement with the provision of grates over the window wells.
APPROVED by the Commission at its regular meeting on January 5, 1999.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Cit~ Attorney ~/ Robert Blaich, Chair
ATTEST:
~/a~ki~ Lothian, Dep{tty i2ity Clerk
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