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Home My WebLink Aboutresolution.apz.029-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT TO BE LOCATED IN THE DALY SINGLE FAMILY RESIDENCE, 1590 HOMESTAKE DRIVE, CITY OF ASPEN, PITI{IN COUNTY, COLORADO. Parcel No. 2735-024-01-024 Resolution #99 - 29 WHEREAS, the Community Development Department received an application from Tom Daly, owner and applicant, for a Conditional Use Review for an Accessory Dwelling Unit of approximately three hundred sixty six (366) net livable square feet to be located on the main level ora single family residence at 1590 Homestake Drive, City of Aspen; and, WHEREAS, the parcel is approximately 15,400square feet, located in the Moderate-Density Residential (R-15) Zone District, and is currently a vacam parcel; 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-15 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, 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 September 21, 1999, the Planning and Zoning Commission approved, by a four to zero (4 - 0) vote, the Conditional Use for an Accessory Dwelling Unit to be located on the main level ora single family residence, 1590 Homestake Drive, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an Accessory Dwelling Unit of approximately three hundred sixty six (366) net livable square feet to be located on the main level ora single family residence at 1590 Homestake Drive, is approved with the following conditions: 1) The building permit application shall include: a) a copy of the Aspen Planning and Zoning Commission resolution. b) a current Site Improvement Survey indicating the nature of all easements of record indicated on the property title commitment. c) 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 property under an assessment formula. d) 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. e) a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. Ifa ground recharge system is ' required, a soil pemolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation test to verify the feasibility of this type system. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained on site, and must be shown on the drainage plan. The 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. f) a tree removal or relocation permit from the City Parks Department for any trees to be removed or relocated. g) a completed 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. The building permit plans shall reflect/indicate: a) Conformance with all aspects of the City's Residential Design Standards. b) The proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. c) The ADU will contain a kitchen (having a minimum ora two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom (having a minimum of a shower, sink, and a toilet). d) The ADU has the minimum one (1) off-street parking space provided; the building permit plans shall indicate the designated ADU parking space. The ADU space must have clear access and cannot be stacked with a space for the primary residence. e) The ADU meets all applicable UBC requirements for light and air. f) An overhang shall cover the ADU entrance designed to prevent snow and ice from failing on, or building-up on, the entrance to the ADU. g) 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. Paving alternatives may be approved by the City Engineer. h) A fire suppression system if the gross square footage of the structure exceeds 5,000 square feet. i) 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. 2 j) A pedestrian connection from the ADU entrance to the driveway shall be indicated on the building pemait plans. The pedestrian path shall be constructed of concrete, flagstone or other pedestrian-usable surface material. k) Building plans shall be amended to reflect that there shall be no interior door connecting the ADU to the house. 3. The applicant should provide separate utility taps and meters for each residential unit. 4. All utility meters and any 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 on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 5. The applicant must receive approval for any work within public rights-of-way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 6. All construction vehicles, materials, and debris shall be maintained on-sito 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. 7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. Monday - Saturday. 8. Before applying for a building permit, the applicant shall record this Planning and Zoning 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 otherwise amended by other conditions; APPROVED by the Commission at its regular meeting on September 21, 1999. APPROVED AS TO FORM: City Attorney PLANNING AND ZONING COMMISSION: Jasmine Tygre, Vice-Chal~ ~ ATTEST: ckie Lothian~-De~uty City Clerk C:~home~Active Cases~Daly PZ_P~SO.doc I IIIIII IIIII IIIIII IIIII IIII IIIIII IIIIll III IIIII IIII IIII 436339 18/87/1999 10:36A RE$OLUT! DAVIS 3 oF 3 R 15.00 D 6.06 N 0.00 PZTKIN COUNTY CO