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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A CONDITIONAL USE FOR TWO ACCESSORY DWELLING
UNITS TO BE ATTACHED TO THE WHIPPLE SINGLE FAMILY
RESIDENCES AT 518 WEST SMUGGLER STREET, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2735-124-84001
Resolution #99 - 39
WHEREAS, the Commtmity Development Department received an application
from Ralph Whipple, owner, for Conditional Use Review of two (2) attached Accessory
Dwelling Units having approximately three-hundred forty six (346) square feet of net
livable area each to be located below the garages of two (2) proposed single family
homes at 518 West Smuggler Street, City and Townsite of Aspen; and,
WHEREAS, the parcel is approximately 9,021 square feet, located in the
Medium-Density Residential (R-6) Zone District, and is proposed to be redeveloped into
two (2) single family residences with two (2) attached Accessory Dwelling Units; and,
WHEREAS, pursuant to Sections 26.710.040, Medium-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-6
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
November 30, 1999, the Planning and Zoning Commission approved, by a 4 to 3 vote,
the Conditional Use for two (2) Accessory Dwelling Units to be located beneath the
garages of two (2) single family residences at 518 West Smuggler Street, City and
Townsite of Aspen, 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 Whipple
Accessory Dwelling Units located at 518 West Smuggler Street 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.
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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 for each ADU, a
form 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 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 ofthis 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 Iandscaped 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) meet with the Aspen Consolidated Sanitation District to determine what fees will be
applied, and complete a tap permit with the Aspen Consolidated Sanitation District.
The applicant shall connect the ADUs to the sanitary sewer in a manner acceptable to
the ACSD superintendent.
2) The building permit plans shall reflect/indicate:
a) Conformance with all aspects of the City's Residential Design Standards.
b) The proposed ADUs are labeled as such and meet the definition of an Accessory
Dwelling Unit.
c) The ADUs will contain kitchens (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).
d) Each ADU has the minimum one (1) off-street parking space provided. The City
Code minimum is 8½'x18'. The building permit plans shall indicate the designated
ADU parking space with a rectangle crossed with dashed diagonals. The ADU
spaces must have clear and direct access from the driveway and cannot be stacked
with a space for the primary residence.
e) The ADUs meet all applicable UBC requirements for light and air.
f) An overhang shall cover each ADU entrance designed to prevent snow and ice from
falling on, or building-up on, the entrance to each 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
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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 including the
ADUs exceeds 5,000 square feet.
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-site and not
within public fights-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 Pitldn County Clerk and Recorder located in the Courthouse
Plaza Building. There is a per page recordation fee. In the aitemative, 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
meefmgs 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 November 30, 1999.
APPROVED AS TO FORM:
Ci ¥
PLANNING AND ZONING
~n'Blaich, Ch~6r ~
ATTEST:
Jackie Lotl~ah, Deputy City Clerk
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