HomeMy WebLinkAboutresolution.apz.008-99 f^
P & Z Resolution 99- (JO
855 Bay Street
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL OF A STREAM MARGIN REVIEW AND A VARIANCE
FROM THE "GARAGE PLACEMENT" PROVISION OF THE RESIDENTIAL
DESIGN STANDARDS FOR LOT ONE OF THE CREEKTREE SUBDIVISION. 855
BAY STREET, CITY OF ASPEN
Resolution 99-08
WHEREAS, The Community Development Department received an application from
David Muckenhirn of Ventures West on behalf of James A. Morse, owner, for Stream Margin
Review, Residential Design variances, and Conditional Use Review of a detached, below-grade
Accessory Dwelling Unit having approximately five hundred forty-five (545) square feet of net
livable area: and
WHEREAS, pursuam to Section 26.68.040 of the Aspen Municipal Code. Stream
Margin Review applications may be approved at a public meeting by the Planning and Zoning
Commission; and
WHEREAS, pursuant m Section 26.40.090 of the Aspen Municipal Code, Accessory
Dwelling Units may be approved at a public hearing by the Planning and Zoning Commission as
Conditional Uses in conformance with the requirements of said Section; and
WHEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code,
Community Development Departmem staff reviewed the subject application for compliance with
the Residential Design Standards of Section 26.58.040 of the Aspen Municipal Code and found
the submitted development application to be inconsistent with the Standard 26.58.040(F)(4)(c),
Garage Placement, of the Aspen Municipal Code; and
WHEREAS, Section 26.58.020(B)(1) of the Aspen Municipal Code provides that if an
application is found by staff to be inconsistent with any item of the Residential Design
Guidelines, the applicant may either amend the application or appeal staff's findings to the
Planning and Zoning Commission pursuant to Chapter 26.22, Design Review Appeal Board; and
WHEREAS, the Housing Office, the City Engineering Department, the Parks
Deparm~ent, the City Zoning Officer, the Aspen Consolidated Sanitation District, and the
Community Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, a public meeting regarding the Stream Margin Review application was
held by the Planning and Zoning Commission on April 13, 1999 (continued from April 6, 1999),
at which the Commission approved by a vote of six to zero (6-0) the Stream Margin Review for
the 855 Bay Street reconslXuction with the conditions recommended by the Community
Development Department, as amended (including a variance from the "Garage Placement"
provision of the Residential Design Standards); and
WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Planning and Zoning Commission on April 13, 1999 (continued from April 6, 1999), at
which the Commission voted six to zero (6-0) to continue the hearing regarding the Conditi9nal
Use application for the 855 Bay Street residence's Accessory Dwelling Unit to May 18, 1999.
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P & Z Resolution 994~_
855 Bay Street
NOW, THEREFORE BE IT RESOLVED by the Commission:
· Section One:
The proposed Stream Margin Review for 855 Bay Street (Lot 1, Creektree Subdivision) is hereby
approved with the following conditions:
1. Prior to City acceptance of a building permit application, the applicant shall prepare for
recordation an amended Final Plat for Lot 1 of the Creektree Subdivision; this final plat
shall:
a. delineate a "designated building envelope" where the southerly extent of said building
envelope corresponds with (is identical to) the northern edge of the fifteen (15) foot no-
build zone (stream margin setback);
b. delineate the top of slope and the fifteen (15) foot "no-build zone;"
c. dedicate and delineate a legally described as-built trail easement (without the words
"trail encroachment") of at least twenty (20) feet in width (ten (10) feet on each side of
the built trail's centerline);
d. include a "Site Section" showing all existing and proposed site elements, the top of
slope, the no-build zone, pertinent elevations above sea level, and the progressive height
limitation set by a line drawn at a forty-five (45) degree angle from ground level at the
top of slope to the point of intersection with the height limitation of the underlying R-
30/PUD zone district;
e. delineate any and all existing wetlands areas as determined to exist through a wetlands
delineation conducted in the Spring of 1999 by a qualified botanist or other wetlands
expert and approved by the City Parks Department;
f. be reviewed for approval by the Parks. Engineering, and Community Developmem
Departments prior to recording (by the applicant) with the Pitkin County Clerk and
Recorder.
The Building Permit application shall:
a. include a signed and recorded copy of the Planning and Zoning Commission Resolution
outlining the granted approvals and conditions, and on the cover sheet of the building
permit plan set and all other prints made for the purpose of construction, the language of
any and all conditions of approval;
b. include a s~gned and notarized letter from the contractor indicating that all conditions of
approval are known to and understood by him/her;
c. include a copy of. the recorded Lot l, Creektree Subdivision plal described above in
condition 1;
d. include a $50 fee in lieu of digital submission requirements:
e. include a survey entitled "Improvement Survey" which clearly states that "all easements
of record as indicated on Title Policy Number __, dated [within the past 12
months] are shown hereon."
f. include a drainage report and mitigation plan (24" x 36" size plan sheet or on the lot
grading plan) signed and stamped by an engineer registered in the State of Colorado, and
the provisions of this plan are required to meet the runoff design standards of Section
26.88.040(C)(4)(f);
g. include a permanent erosion control plan, and a temporary sediment control and
contaminant plan for the construction phase;
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P & Z Resolution 994)~)
855 Bay Street
h. indicate whether a ground injectio/a or re-charge type drainage system is proposed (i.e.,
dr.~ells), and if so, a soils report establishing percolation rates will need to be included;
i. indicate that drywells will not be permitted within utility easements;
j. demonstrate through the above-referenced drainage plans thal foundation drainage
systems will be detained on site;
k. include an executed tree removal permit 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).
1. include an executed copy of an agreement to join any future improvement district(s)
which may be formed for the purpose of constructing improvements in adjacent public
rights-of-way;
m. include working drawings to verify compliance with all applicable dimensional
requirements;
n. include a copy of an executed mad recorded Sidewalk. Curb & Gutter Agreement;
o. a copy of an executed tap permit from 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;
p. include provisions mad plans for the approval and installation of an automatic fire
suppression system; and,
q. include drawings that show all utility meter locations; utility meter locations must be
accessible for reading and may not be obstructed by trash storage.
Prior to issuance of any demolition, excavation, or building permits, the building envelope
shall be delineated on-site by construction fencing incorporating sediment webbing from a
point approximately thirty (30) feet back from the mp of slope and around the river-side of
the envelope m munmize the sedimentation potential along the two side yards and the river
frontage. The barricades shall remain tn place until the later of either the issuance of a
Certificate of Occupancy or the completion and establishment of the landscaping.
If any outdoor lighting is used on the 'subject property, it will not be directed toward the river
or located down the river bank slope, nor will it cause glare or hazardous conditions. All
outdoor lighting shall employ down-directional, sharp cut-off fixtures, and those fixtures set
along walkways (if any) shall be set at no more than eighteen (18) inches above finished
grade. Outdoor flood lights are strictly prohibited.
The proposed design has been granted a variance from Section 26.58.040(F)(4)(c), Garage
Placement, of the Residential Design Standards, Aspen Municipal Code. All other
requirements of the Residential Design Standards shall be complied with.
Prior m the issuance of a Certificate of Occupancy (CO), the applicant shall permit
Community Development Department, Engineering and Housing Office staff to inspect the
property to determine compliance with the conditions of approval.
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:
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P & Z Resolution 994J0
855 Bay Street
· 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.
If the proposed use, density, or timing of the construction of the project change, or the site,
grading, drainage, 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 Departments for review and re-evaluation.
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 te the Planning and Zoning Commission.
10. The applicant/owner shall provide the contractor(s) with copies of all Planning and Zoning
Commission resolutions applicable to the 855 Bay Street Stream Margin Review approvals.
11.
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 a Board/Commission
having authority to do so.
APPROVED by the Commission at its meeting on April 13. 1999.
APPROVED AS TO FORM:
DaSd Hoefer, Assistant City Attorney
Attest:
~~k
Planning and Zoning Commission:
Jasmine Tygre, Chairperson 0
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