HomeMy WebLinkAboutresolution.apz.012-99P & Z Resolution 99-12
855 Bay Street
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT ON LOT ONE OF THE CREEKTREE SUBDMSION, 885 BAY
STREET, CITY OF ASPEN
Resolution 99-12
WHEREAS, The Community Development Department received an application from
David Muckenhim of Ventures West on behalf of James A. Morse, owner, for 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 26.40.090 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, a public hearing, which was legally noticed, was opened at a regular
meeting of the Planning and Zoning Commission on April 6, 1999, and held at a continued
meeting on April 13, 1999, and then May 18, 1999, at which the Commission approved by a four
to zero (4-0) vote the Conditional Use for the 855 Bay Street residence's Accessory Dwelling
Unit with the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the proposed Conditional Use for an ADU at 855 Bay Street (Lot I, Creektree
Subdivision) is hereby approved with the following conditions:
If a code amendment making an 'automatic' FAR bonus possible for a detached ADU above
a two-car garage with a footprint larger than 450 square feet is adopted by City Council, the
owner/applicant shall submit a request for, and the Community Development Director shall
be permitted to grant, administrative approval to amend this conditional use approval such
that the ADU would be relocated above the garage and receive an FAR bonus pursuant to the
applicable provisions of the Land Use Code in effect at the time of application, provided the
Community Development Director finds the amended proposal to satisfy all applicable
review criteria.
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;
I JlllJl IIIIJ IIIIII IIIII I!lll IIII Illllll III IIIIJ Jill IIII
4385~3 ~,Jl$$/~.g~J l.l.41.1~ RE$OLUTZ D~VI$ SIt. VI
'~ of' 3 R $5.88 O 8.~ ti 0.~ PZTKTM COUNTY CO
Page I of 3
P & Z Resolution 99-12
855 Bay Street
b. include a signed and notarized letter from the contractor indicating that all conditions
of approval are known to and understood by him/her;
o. include a copy of the recorded Lot 1, Creektree Subdivision plat;
d. include verification from the Housing Office that the Accessory Dwelling Unit will
contain between 300 and 700 square feet of net livable area;
e. include verification from the Housing Office 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;
f. include a signed and recorded Deed Restriction, a copy of which must bo obtained from
the Housing Office;
g. clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a
separate unit;
h. clearly indicate tho provision of at least of one (1) off-street parking space for tho ADH,
and said space(s) shall be shown and designated on the final plans;
i. 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;
j. include working drawings to verify compliance with all applicable dimensional
requirements;
k. include a copy of an executed and recorded Sidewalk, Curb & Gutter Agreement;
1. a copy of an executed tap permit from tho office of the Aspen Consolidated Sanitation
District; payment of tho total connection charges shall be made prior to the issuance cfa
building permit;
m. information needed to verify that the proposed plans for tho ADU will comply with all
UBC requirements including but not limited to those addressing natural light, sound
attenuation, and ventilation standards;
n. include drawings that show all utility meter locations; utility meter locations must be
accessible for reading and may not be obstructed by trash storage.
The applicant shall provide a roof 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.
Prior to 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 tho conditions of approval.
Except as provided for in condition number 1., above, 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.
6. Tho applicant/owner shall provide the contractor(s) with copies of all Planning and Zoning
Commission resolutions applicable to tho 855 Bay Street Slream Margin Review and
Conditional Use Review approvals.
7. 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
I IIIIII IIIII IIIIII IIIII IIIII IIII Illllll III IIIII IIII Ifil
4385~3 12/t5/2~ ll:4ffi RESOLUTI DKIVIS SILW
2 oF 3 N 15.88 D e.O~ N ~.e;) PITKIN COUNTY CO
Page 2 of 3
Z Resolution 99- i 2
Bay Street
considered conditions of approval, artless otherwise amgndad by a Board/Commission
having authority to do so.
APPROVED by the Commission at its regular meeting on May lg, 1999,
APPROVED AS TO FORM:
DaV~ Heeler, AsSista~-Cit~/~f~ttomey
Attest:
/a~ L°thian, Deputy'City Clerk
Planning and Zoning Commission:
k/er Hunt, Acting Chairperson
Page 3 of 3