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Home My WebLink Aboutresolution.apz.040-00 I IIIIII IIIII IIIIII IIIIII III IIII IIIIIIII III IIIII IIII IIII 447582 10/02/2000 03:28P RE$OLUT]' DI:IV]*$ $ILV! ~- ~,~' 4 R 20.00 D 0.00 N 0.00 PZTKZN COUNTY CO I~SOLUTION NO. 40 (SERIES OF 2000) A RESOLUTION OF TI-BE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL FOR STREAM MARGIN REVIEW, ACCESSORY DWELLING [INIT, AND VARIANCES FROM RESIDENTIAL DESIGN STANDARDS FOR LOT 1 OF TIlE SANDUNES L. P. ANNEXATION LOCATED AT 815 WEST MAIN STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-123-17-001 WItEREAS, the Community Development Department received an application from Susan H. Horsey, applicant, represented by Jennifer M. Causing of Krabacher Law Offices for a Stream Margin Review, Accessory Dwelling Unit, and Variances from Residential Design Standards; and WHEREAS, pursuant to Sections 26.430.020, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or disapprove a development application for Stream Margin Review, after recommendation by the Community Development Department pursuant to Section 26.435.040; and, WI-IEREAS, the Community Development Department reviewed the application for Stream Margin Review, Accessory Dwelling Unit, and Variances from Residential Design Standards for Lot 1 of the Sandunes Li P. Annexation located at 815 West Main Street, City of Aspen, Pitldn County, Colorado in the R-15 zone district and recommended approval; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Corrununity Development Director; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WI-IEREAS, during a duly noticed public hearing on September 5, 2000, the Planning and Zoning Commission recommended, by a unanimous five to zero (5 - 0) vote, approval of the Stream Margin Review, ADU, and variances from residential design standards application for the Lot 1 of the Sandunes L. P. Annexation located at 815 West Main Street in the R-15 Zone District; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. I IIIIII IIIII IIIIII IIIIII III IIII IIIIIIII III IIIII IIII IIII 447582 18/02/2000 03:28P RE$OLUT! DAVIS SILVZ 2 oF 4 R 2O.80 D 0.00 N 0.00 PITKZN COUNTY CO NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the application for Stream Margin Review, Accessory Dwelling Unit, and Variances from the Residential Design Standards for Lot 1 of the Sandunes L. P. Annexation located at 815 West Main Street, City of Aspen, Pitkin County, Colorado is approved with the following conditions: 1. That the applicant agrees the land use approvals decided upon in this application for Stream Margin Review, Accessory Dwelling Unit and Variances from Residential Design Standards for a single-family dwelling including a 743 sq. ft. ADU are contingent upon successful annexation of the Sandunes L. P. Lots 1 and 2 into the City of Aspen~ Failure of this annexation into the City shall render all land use approvals by the City of Aspen null and void pursuant to this Resolution; 2. That the applicant submits a drainage mitigation plan meeting with the approval of the City Engineering Department to address temporary sediment control and containment plans for run-off for the construction phase and erosion control, soil stabilization, and re-vegetation in disturbed areas; 3. That the applicant shall install a sprinkler system because the residence is larger than 5,000 square feet as per the requirements of the City of Aspen Fire Department; 4. That the applicant shall not line public roads with equipment or trucks during regular construction. Enforcement by the Building Department may result in project shutdown; 5. That the applicant submits a construction traffic maintenance plan to the Engineering Department for approval; 6. That the applicant shall indicate the top of slope and a line drawn at a 45 degree angle from top of slope for the stream bank by a Professional Land Surveyor using the three point method; 7. That the applicant submit adequately scaled site cross sections performed by a Professional Land Surveyor; 8. That the applicant submit a site survey which is dated within the past 12 months and fully represents the easements of record; 9. That the applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction; I IIIIII IIIII IIIIII Ifil III IIII IIIIIIII III IIIII IIII IIII 447582 10/02/2000 03:28P RESOLUT! DI:IVZ$ $ZLVZ 3 ~¢ 4 R 29.0;) D 0.00 N 0.00 p'rTKrN COUNTY CO i0. That the applicant delineate and place appropriate construction and silt fencing at the 15-foot setback line from the top of slope which shall remain untouched and unaltered during and after construction; 11. That the building envelope previously determined by Pitkin County be revoked upon annexation into the City and that the applicant shall adopt ail dimensional requirements set forth in the R-15 zone district; 12. That if the ditch is to be turned off for construction, it is only allowed so for 12 hours. Otherwise approval shall be obtained from the City of Aspen Parks Department prior to rerouting of the ditch; 13. That no lining or placement of large rocks in the ditch is allowed; 14. That no storage of construction materials occur within the dripline of existing trees and that construction fencing be installed to protect all existing trees, and that no excavating within the dripline of existing trees occur; 15. That the applicant grant a fishing easement for Castle Creek to the City of Aspen; 16. That the applicant submit a utility plan to the City Utility Department prior to the application of a building permit; 17. That the applicant shall enter into a new raw water agreement with the City Water Department for the lot. Two separate agreements will be required to show the applicable square footage to be irrigated on each lot; 18, That the water service for the new lot can come from SH 82, but may need to be relocated based upon the CDOT SH 82 realignment in the near future. Therefore it may be more feasible to receive service from 7th St; 19. That the current service tap for the lot containing the old ham structure shall be abandoned in accordance with City standards; 20. That a new 8" service line be installed from 7th Street as required by the Aspen Consolidated Sanitation District (ACSD) because the existing sewer service lines are inadequate to allow proper additional flow from the new structure; and 21. That the applicant present detailed sewer service plans to ACSD so that an accurate estimation of fees is calculated. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are I IIIIII IIIII IIIIII IIIIII III IIII IIIIIIII III IIIII IIII IIII 447582 1010212000 03:28P I~ESOLUT! O;IVZ$ $ILV! 4 o~ 4 R 28.50 D 0.88 N 8.08 PZTKIN COUNTY CO hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4.'. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on September 5, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ATTEST: Jackie Lothi~in, Deputy City Cleric ; - C:Wiy Documents\Current Cascs\Sandun¢$\SanduncsMemoPZ2.doc