HomeMy WebLinkAboutresolution.apz.010-02 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING
UNIT DESIGN STANDARDS TO ALLOW FOR A SUBGRADE AND
ATTACHED ACCESSORY DWELLING UNIT TO BE CONSTRUCTED AT 309
N. THIRD STREET, CITY OF ASPEN, PITKIN COUNTY. COLORADO.
Parcel No. 2735-124-24-007
Resolution No. 10
(Series of 2002)
WHEREAS, the Community Development Departmem received an application
from Mel and Marilyn Gallant, seeking a special review approval for a variance from
Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the applicant to
construct a subgrade and attached accessory dwelling unit on their property located at
309 N. Third Street, in the City and Townsite of Aspen. Colorado; and.
WHEREAS. pursuant to Section 26.520.050 of the Aspen Municipal Code,
Community Development Deparrmem staff reviewed the applicant's application for
compliance with the Accessory Dwelling Unit Design Standards Section of the Aspen
Municipal Code and found the submitted development application to be inconsistent with
Review Standards pursuant to 26.520.050(4) and 26.520.050(5); and,
WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that
if an application is found by Community Development Department staff to be
inconsistent with any item of the Accessory Dwelling Unit Design Guidelines, the
applicant may e{ther amend the application Or appeal staff's findings to the Planning and
Zoning Commission pursuant to Chapter 26.520.080, Special Review; and,
WHEREAS all applications for Special Review for variations from the ADU
Design Standards of Section 26.520.050 must meet the following review standards in
order for the Planning and Zoning Commission:
a) The proposed ADU is designed in a manner which promotes the purpose of the
ADU pro,am, promotes the purpose of the zone district in which it is proposed,
and promotes the units general livability; and
b) The proposed ADU is designed to be compatible with, and subordinate in
character to, the pr/mary residence considering all dimensions, site configuration,
landscaping, privacy, and historical significance of the property; and
c) The proposed ADU is designed in a manner which is compatible with or enhances
the character of the neighborhood considering all dimensions, density, designated
view planes, operating characteristics, traffic, availability of off-street parking,
availability of transit services, and walking proximity to employment and
recreational opportunities.
· WHEREAS, the Commum.ty Development Director, after review of the
~equested Variances, recommended approval of the special review to allow the applicant
to vary the ADU design standards to construct a sub~:ade and attached accessory
dwelling unit; and,
WItEREAS, the AsperffPitkin County Housing Board, after review of the
requested variances, recommended approval of the special review ~o allow the applicant
to vary the ADU design standards to construct a subgrade and attached accessory
dwelling unit; and,
WHEREAS, during a duly noticed public hearing at a regular meeting on March
5, 2002, the Planning and Zoning Commission, approved by a vote of three to two (3-2) a
special review application to vary the ADU design standards to allow for the applicant to
construct a subgrade and attached accessory dwelling unit at 309 N. Third Street, City
and Townsite of Aspen; and,
NOW, TIIEREFORE BE IT RESOLVED by the Commission:
Section 1
That a special review for a variance fi'om the ADU Design Standards to allow for a
subgrade and attached accessory dwelling unit to be constructed at 309 N. Third Street,
Aspen, Colorado, is approved pursuant to Land Use Code Section 26.430, Special
Review.
APPROVED by the Commission at its regular meeting on March 5, 2002.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City'~ttomey v ~ Jasmine Tygre, Chair
ATTEST:
/~e Lot~d~{, Deputy City Clerk