HomeMy WebLinkAboutresolution.apz.038-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
DENYING A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT
TO BE LOCATED IN THE BASS/CAHN PROPERTIES, LLC, DUPLEX, 1395
RIVERSIDE DRIVE, CITY OF ASPEN, P][TKIN COUNTY, COLORADO.
Parcel No. 2737-181-17024
Resolution #99 - 38
WHEREAS, the Community Development Department received an application
from Stuart Lusk on behalf of Bass/Cahn Properties, LLC. owner, for Conditional Use
Review of an attached Accessory Dwelling Unit having approximately six hundred
thirty-four (634) square feet of net livable area to be located beneath the garage ora
newly constructed duplex at 1395 Riverside Drive, City of Aspen; and,
WHEREAS, the parcel is approximately 17,600 square feet, located in the
Moderate-Density Residential (R-15) Zone District, and is being redeveloped as a duplex
with an attached Accessory Dwelling Unit; and,
WHEREAS, pursuant to Sections 26.710.050, Moderate-Density Residential,
26.520.020, Accessory Dwelling Units, and 26.425.040, 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 ,vith conditions; and,
WHEREAS, during a duly noticed public hearing at a regular meeting on
November 30, 1999, the Planning and Zoning Commission denied, by a 5 to 1 vote, the
Conditional Use for an Accessory Dwelling Unit to be located beneath the garage of a
duplex, 1395 Riverside Drive, with the conditions recommended by the Community
Development' Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Staff recommends the Planning and Zoning Commission approve the Bass/Calm
Properties LLC Accessory Dwelling Unit located at 1395 Riverside Drive with the
following conditions:
1. Obtain a fence permit, relocate the approved fence to private property, and confirm
the location of the fence with the City Engineer.
2. Remove the portions of the berm that are within the public right-of-way.
3. Document the plantings in the public right-of-way with an approved right-of-way
permit.
4. The change order to the building permit application shall include:
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a) a copy of the Aspen Planning and Zoning Commission resolution.
b) a current Site Improvement Survey indicating the nature of ail easements of record
indicated on the property title commitment, and with topography in the public right-
of-way that shows the topography in the right-of-way has been restored to the
topography on the improvement survey dated October 1998. The survey also needs
to explain a line at the northerly portion of the property labeled N 50°00'00" E,
i 11.32'+/-. The development plans need to indicate a five foot wide pedestrian
usable space with a five foot buffer for snow storage, where feasible, on both
frontages.
c) a completed and recorded sidewaik, curb, and gutter construction agreement and an
agreement m 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 Engmeer which maintains sediment and debris on-site during
and after construction. This is particularly important because the existing City storm
drainage infrastructure system does not have additionai capacity to convey increased
storm runoff. Ifa ground recharge system is required, a soil percolation 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.
5. The change order to 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 of a 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).
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d) The ADU has the mimmum 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
falling 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) If the area of the structure exceeds 5,000 square feet, sprinklers must be installed.
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.
6, The applicant should provide separate utility taps and meters for each residential unit.
7. 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.
8. 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.
9. All construction vehicles, materials, and 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.
10. 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.
11. Before applying for a building permit, the applicant shall record this Planning.and
Zoning Resolution with the Pitldn 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.
12. The applicant needs to meet with the Aspen Consolidated Sanitation District (ACSD) to
determine if additional fees are due and provide the City with a clearance letter from the
District prior m receiving approvals.
13. All material representations made by the applicant in the application and during public
meefmgs with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
Denied by the Commission at its regular meeting on November 30, 1999.
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APPROVED AS TO FORM:
City Attorney Xt
PLANNING AND ZONING
COMMISSION:
Robert Blaich, Chair
ATTEST:
~Tackie Lothian. eputy 'ty C rk
CShomekAcfive Cases\1395 Riverside Drive~lEMOeommReso.doc
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