HomeMy WebLinkAboutresolution.apz.011-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLNG UNIT AND A VARIANCE FROM SECTIONS 26.58.040(F)(12) & (4),
RESIDENTIAL DESIGN STANDARDS, AT THE ALICE M. BRIEN PROPERTY
DESCRIBED AS LOT 44, WEST ASPEN SUBDIVISION, CITY OF ASPEN
Resolution No. 99-11
WgW~REAS, The Community Development Department received an application from
John Muir of Galambos/Muir Architects on behalf of Alice M. Brian, owner, for Conditional Use
Review of an attached Accessory Dwelling Unit having approximately four hundred thirty nine
(439) square feet of net livable area; and
WHEREAS, the applicant requested approval of a proposed design for a single-family
residence on the property known as Lot 44, West Aspen Subdivision; and
WHEREAS, pursuant to 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, ~the Housing Office, the City Engineering Department, the Parks
Department, the City Zoning Officer, the Aspen Consolidated Sanitation District, and the
Community Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code,
Community Development Department staff also reviewed the applicant's 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 Standards
26.58.040(F)(4) Garages, Carports and Storage Areas, and (12) Volume; and
WHEREAS, Section 26.58.020(B) of the Aspen Municipal Code provides that if an
application is found by staff to be inconsistent with any item of the Residential Design
Standards, 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, all applications for appeal from the Residential Design Standards of
Section 26.58.040 must meet one of the following statements in order for the Planning and
Zoning Commission to grant an exception, namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision responds
to; or i, :'. .'
c) be clearly necessary for reasons of fairness related to unusual site specific
constraints; and'z
WItEREAS, a public hearin~g; V~hich was legally noticed, was held at a regular meeting
of the Planning and Zoning Commission on May 4, 1999, at which the Commission approved by
a six to zero (6-0) vote,- the Conditional Use for the Accessory Dwelling
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P&Z Resolution No. 99-11
Lot 44, West Aspen Subdivision
Unit and the Variance for the Garage Placement and Volume standards with conditions as
recommended by the Community Development Department; and
WIIEREAS, the approval of the variance requests were based on findings that the
proposed siting of the garage and the proposed window sizes with reference to the site and entire
structure allows the development to meet the review criteria more closely, especially with regard
to Section 26.58.040 (b) and (c), due to the unique and site specific conditions of the subject
property.
NOW, TI-IEREFORE BE IT RESOLVED by the Commission:
The Conditional Use for an Accessory Dwelling Unit containing approximately 439 square feet
attached to the proposed single-family residence on Lot 44, West Aspen Subdivision and
Variances to Sections 26.58.040(12), Volume, & (4), Garages, Carports and Storage Areas, of
the Residential Design Standards is hereby approved with the following conditions:
1.) The building permit application shall include the following in addition to normal submittal
requirements:
a) a signed and recorded copy of the Planning mad 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) a signed and notarized letter from the contractor indicating that all conditions of
approval are known to and understood by him/her;
c) working drawings to verify compliance with all applicable dimensional requirements;
d) plans for all utility meter locations; locations must be accessible for readings and may
not be obstructed;
e) a current Site Improvement Survey indicating the nature of all easements of record
indicated on the property title commitment;
f) a copy of the recorded plat showing Lot 44, West Aspen Subdivision;
g) a $50 fee in lieu of digital submission requirements;
h) a completed and recorded sidewalk, curb and gutter construction agreement and an
agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the prosperity under an assessment formula.
i) a completed and recorded ADU deed restriction on the property, a form for which may
be obtained from the Housing Office. The deed restriction shall be noted on the building
permit plans.
j) a storm drainage report and mitigation plan, including permanent and temporary erosion
control, water runoff, sediment control, contaminant control and retention components
(24" x 36" size plan sheet or on the lot grading plan) prepared by a Colorado licensed
Civil Engineer which addresses pre-, post- and during construction conditions and in
accordance with Section 26.88.040(C)(f) of the Land Use Code;
k) an indication of whether a ground injection or re-charge type drainage system is
proposed (i.e., drywells) and if so, a soils report establishing percolation rates will need
to be included;
1) indicate that drywells will not be permitted within utility easements;
m) indicate through the above-referenced drainage plans that foundation drainage systems
will be detained on site;
n) a tree removal or relocation permit from the City Parks Department for any trees to be
removed or relocated;
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P&Z Resolution No. 99-11
Lot 44, West Aspen Subdivision
o) 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; and
p) a completed and approved tap permit with the Aspen Consolidated Sanitation district.
The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the
ACSD superintendent.
2.) The building permit plans shall reflect/indicate the following in addition to normal
submittal requirements:
a) conformance with all aspects of the City's Residantial Design Standards unless specific
variance has been granted;
b) that the proposed ADU is labeled as such and meets with the definition of Accessory
Dwelling Unit;
c) that the 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.
d) that the ADU has the minimum one (1) off-street parking space provided. The ADU
space must have clear access and cannot be stacked with a space for the primary
residence;
e) that the ADU meets all applicable UBC requirements for light and air
f) that the roof is designed to prevent snow and ice from falling on, or building up on, the
entrance to the ADU;
g) that the ADU plan is amended to provide for a private and secure storage area for the
ADU by moving the basement level suite door to a location so that the space under the
stair landing may be part of the ADU;
h) conformance with the City's requirements for driveways. Driveways must be separated
by 25 feet or more (including neighboring driveways), and must be paved from the edge
of the street to the property line. The City Engineer may approve paving alternatives;
i) a fire suppression system if the gross square footage of the structure exceeds 5,000
square feet or if determined by the Fire Chief to be necessary because of fire and
emergency access constraints of the proposed driveway.
j) a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow
storage at the edge of the street paving;
k) the plans shall be labeled to designate the ADU parking space and the plans shall be
amended to show a wider ADU parking space which will also serve as a backing out
space for the main residence; and
1) the plans may, but are not required, to be amended to show the movement of the suite
door to a point which would allow access by the ADU resident to the laundry room.
3.) The applicant should provide separate utility taps and meters for each residential unit.
4.) All utility meters and may new 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 and described on the site
improvement survey. Meter locations must be accessible for reading and may not be
obstructed.
s.)
The applicant must receive approval for any work within the public right-of way from the
appropriate City Depamnent. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
6.)
All construction vehicles, materials, 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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P&Z Resolution No. 99-11
Lot 44, West Aspen Subdivision
7.) The applicant and contractor shall abide by all noise ordinances. Construction activity is
limited to the hours between 7 a.m. and 10 p.m.
8.)
Prior to the issuance of a Certificate of Occupancy, the applicant shall permit Community
Development Department, Engineering and Housing Office staff to inspect the property to
determine compliance with the conditions of approval.
9.)
The proposed design has been granted a variance from Section 26.58.040(F)(4) of the
Residential Design Standards, Aspen Municipal Code. All other requirements of the
Residential Design Standards shall be complied with.
10.)Before applying for a building permit, the applicant shall record this Planning and Zoning
Resolution, and pay the associated fee, with the Pitkin County Clerk and Recorder located in
the Courthouse Plaza Building. The applicant may utilize the City Clerk for this recordation
process upon payment of recordation fees.
1 l.)All material representations made by the applicant in the application and during the meetings
with the Planning and Zoning Commission shall be adhered to and considered conditions of
approval, unless otherwise addressed by other conditions,
12.)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.
13.)The following two specific amendments to the plans are required. 1). On Plan Sheet A3.1
the main window on the masonry front east elevation shall be changed to include a one (I)
foot wooden transom element located between the transom windows and 3-panel window,
and 2). On Plan Sheet A3.2 the entire line of transom windows located above the doorway
are to be removed from the plan.
14.)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. Amendments to the
plans as required by this resolution must meet with the approval of the Community
Development staff.
APPROVED by the Commission at its regular meeting on May 4, 1999.
APPROVED AS TO FORM:
D~vid Hoefer, Assistant City ~vt~omey
Attest:
Planning and Zoning Commission:
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Robert Blaich, Chairperson
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