HomeMy WebLinkAboutresolution.apz.002-99P&Z Resolution 99-2
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING BOTH AN 8040 GREENLINE REVIEW AND A CONDITIONAL USE
FOR A DETACHED, ABOVE-GRADE ACCESSORY DWELLING UNIT ON LOT 6
OF THE ASPEN CHANCE SUBDIVISION, 970 POWDER LANE, CITY OF ASPEN,
COLORADO
Parcel No. 2737-182-98006
Resolution 99-2
WHEREAS, the Community Development Department received an application from
Zuhair H. Fayez, owner, (represented by Willis Pember, architect) for approval of an 8040
Greenline Review and Conditional Use review for a detached garage with a 700 square foot two-
bedroom, two and one-half (2.5) bath Accessory Dwelling Unit above; and
WHEREAS, pursuant to Sections 26.40.090 and 26.60.040 of the Aspen Municipal
Code, an Accessory Dwelling Units may be approved as a Conditional Use by the Planning and
Zoning Commission in accordance with the requirements of said Sections; and
WHEREAS, pursuant to Sections 26.68.020 and 26.68.030 of the Aspen Municipal
Code, 8040 Greenline Reviews may be approved by the Planning and Zoning Commission in
accordance with the requirements of said Sections; and
WHEREAS, the Community Development Department, the Aspen Consolidated
Sanitation District, the Engineering Department, the Parks Department, the Water Department,
and the Housing Authority 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 January 19, 1999, at which time the Commission
received and considered public comment, and approved by a five to zero (5-0) vote the proposed
8040 Greenline Review and Conditional Use Review for the 970 Powder Lane with the
conditions recommended by the Community Development Department, as amended.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the 970 Powder Lane (Lot 6, Aspen Chance Subdivision) 8040 Greenline Review and
Conditional Use requests for a detached garage with a 700 square foot, two-bedroom, two and
one-half (2.5) bath Accessory Dwelling Unit above be approved with the following conditions:
1. The building permit application shall include:
a. A revised Improvement Survey clearly indicating that "all easements of record on Title
Policy Number __~ dated [within the past 12 months] are shown hereon;"
b. Housing Office verification that the net livable floor area of the Accessory Dwelling
unit (ADU) will be between 300 and 700 square feet, that the unit will be totally private,
have a private entrance, and have no rooms (i.e., mechanical rooms, etc.) that might need
to be accessed by people in the principle residence;
c. Housing Office verification that the ADU will contain a kitchen having a minimmn of a
two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer;
d. A copy ora signed and recorded Housing Office issued Deed Restriction for the ADU;
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e. Clear identification of the ADU on building permit plans as a separate two-bedroom
unit, separated from the primary residence;
f. Provision of at least two (2) 8.5' x 18' on-site parking spaces for the two-bedroom ADU
indicated on the final plans;
g. Plans for the installation of 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;
h. The location of any additional proposed construction, including trash facilities, in such a
way that it does not encroach into an existing utility easement or public right-of-way;
i. Working drawings to verify all height, setback, site coverage, and floor area calculations,
as well as lot size and lot area calculations;
j. A copy of an executed tap permit(s) 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;
k. Verification that the proposed plans for the ADU will comply with all UBC requirements
including but 'not limited to those addressing natural light and ventilation standards, and
that the proposed plans will provide a sound attenuation wall/barrier between the ADU
and the garage located below it;
1. 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;
and,
m. All conditions of approval, as indicated in the approved Resolution, as notes on the
building permit application plan sets.
2. Prior to the issuance ora 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, Engineering, and Housing Office staff to
inspect the property to determine compliance with the co.nditions of approval; and
c. Provide the Community Development Department with as-built drawings for keeping in
the planning case file records.
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 to obtain permits for any work or
development, including landscaping, within the public rights-of-way.
4. If constructed, only fifty (50) percent or 350 square feet of the ADU's floor area, whichever
is less, shall be counted toward the total allowable Floor Area on the property. Furthermore,
at least as much FAR as is created shall be decommissioned/removed.
5. The ADU structure shall be permitted to have a three (3) foot side yard setback.
6. An amended ditch maintenance agreement or a ditch relocation agreement must be executed
prior to submission of a building permit application. The ditch water flow may not be
interrupted for more than two days, and the Parks Department must be notified prior to any
interruptions of flow. The City reserves the right to a ditch maintenance easement of
adequate width for access; the location and dimensions of the easement will need to be
finalized as part of the relocation agreement.
7. 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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8. The applicant shall provide a mol overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the door and the area in front of the door to the
ADU; sufficient means of preventing icing of the stairway is also required.
9. Prior to submitting an application for building permit, 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). Similarly, the ski easement located above the subject property
shall not be impacted by any of this development, no construction access is permitted via the
trail, and no storage of fill or other materials is permitted within the trail easement.
10. 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 temporary sediment
control and containment plan for the construction phase, and a drainage mitigation plan (full
size - 24" x 36") and report, both signed and stamped by an engineer registered in the State
of Colorado. If drywells are an acceptable solution for site drainage, a soils report must be
provided with pemolation tests to verify the feasibility of this type of system. Drywells may
not be placed within utility easements. A foundation drainage system with on-site detention
is required, must be shown on drainage plans prior to permit drawings, and must be separate
from the storm drainage system. The ADU drainage may be conveyed to existing
landscaped areas if the drainage report demonstrates that the percolation rate and the
retention volume meet the design storm.
11. Cut depths for the garage level shall be limited to no more than ten (10) feet to. minimize the
risk of construction-induced slope instability. Surface drainage shall be provided away from
the structure in all directions. Fill soils shall be evaluated for concentrations of lead or other
heavy metals at the time of excavation, mad if contaminated soils are encountered they shall
be removed or capped. The foundation design shall be approved by a professional engineer
considering the observations and findings of the submitted Hepworth-Pawlak Geotechnical,
Inc., report (Job No. 198 753, dated November 18, 1998 and revised November 19, 1998).
12. 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.
APPROVED by the Commission at its regular meeting on January 19, 1999.
APPROVED AS TO FORM:
David Hoefer, Assistant City Attorney
Attest:
Planning and Zoning Commission:
Jasmine Tygre, Vice Chairperso~
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