HomeMy WebLinkAboutresolution.apz.048-01 RESOLUTION NO. 48, SERIES OF
A RESOLUTION OF THE CITy OF ~SPEN PLYING' ~D ZONING
COMMISSION APPROVING A SPECIAL REVIEW REQUEST FOR
ENLARGING AN ACCESSORY DWELLING UNIT FOR LOT 12A OF THE
CALLAHAN SUBDiVISION} CITY OF ASPEN'
Parcel ID: 2 73 7-181-32-012
WHEREAS, the CommUnity Development Department received an application
from the Applicant, Barbara Fleck, represented by Alice Davis, requesting the Plarming
and Zoning Commission grant Special Review approval to convert a free market Unit into
an Accessory Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. ft.
allowance for Lot 12A of the Callahan Subdivision; and
WHEREAS, t~pon review of the application and the applicable Land Use Code
standards, the Commtmity Development Deparhment recommended approval of the
request for the enlarged ADU, but recommended denial on the interic,r entrance; and
WHEREAS, the Aspen Planning and Zoning Commiss:[on 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 Community
Development Director, and has taken and considered public comment at a public hearing;
and,
WHEREAS, the Planning and Zoning Commission approved, by a vote of five to
zero (5 - 0) allowing the Applicant to convert a free market unit into an Accessory
Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. ft.; and
WHEREAS, the City of Aspen Plarming 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,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF XSPEN; COLO~O ON THE 20Tn DAY OF
NOVEMBER 2001, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission approved, by a vote of:five to zero (5 - 0) to
allowing the Applicant to convert a free market unit into an Accessory Dwelling Unit of
1,427 sq. ft., exceeding the maximum 800 sq. ft. allowance with the following
conditions:
12/10/2001 10:49~
SILVIA DAVIS PITKIN COUNTY CO R 10.00 D 0.00
l/ The Applicant shall register this ADU with the Housing Authority and the
property shall be deed restricted in accordance with Section 26.520.070 Deed
Restrictions.
2) In the event that the Applicant wishes to remodel the structure, the ADU will be
required to comply with the current ADU standards in effect at the time.
3~ The Applicant shall structurally remove the stairwell between the two existing
units in the guesthouse thereby disconnecting the tmit's interior entrance from the
upstairs unit which shall be verified by the City Zoning officer in a site visit prior
to the filing for a deed restriction with the Housing Authority.
Section 2
All material representations and commaments 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
hereby incorporated in such plan developmem approvals and the same shall be complied
with as if fully set forth herein, unless emended 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
emended as herein provided, and the seine 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 November 20, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City A~mey ~ Jasmine Tygre, Chair (] ~
ATTEST:
~hian, Deputy City Clerk