HomeMy WebLinkAboutresolution.apz.001-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF CONDITIONAL USE FOR TWO (2) ATTACHED ACCESSORY DWELLING
UNITS FOR TWO (2) SINGLE FAMILY DWELLING UNITS AT THE HERNANDEZ
RESIDENCE, LOTS 1 AND 2 AND SOUTH 1/2 OF LOT 3, BLOCK 1, OKLAHOMA FLATS
ADDITION, A.K.A. THE MOORE LOT SPLIT
Resolution No. 96 - I
WHEREAS, pursuant to Section 5-510 of the Aspen Land Use Regulations accessory dwelling
units may be approved by the Planning and Zoning Commission as conditional uses in conformance with
the requirements of said Section; and
WHEREAS, the Planning Office received an application from Noelle and Cecil Hemandez for
Conditional Use review for a 478 s.f below-grade and a 500 s.f. above-grade accessory dwelling unit on
Lots A and B of the Moore Lot Split; and
WHEREAS, the proposed unit are not 100% above grade, therefore the site is eligible for. an FAR
bonus pursuant to the definition of Floor Area "Accessory Dwelling Unit", Section 3-101 of the Aspen Land
Use Code; and
WHEREAS, the Housing Office and the Planning Office reviewed the proposal and recommended
approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on February 6, 1996 the Planning and
Zoning Commission approved by a 5-1 vote the Conditional Use review for the accessory dwelling units,
with the conditions recommended by the Planning Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Pursuant to Section 24-3-101 of the Aspen Municipal Code The Hemandez Conditional Use for two (2)
ADUs (478 s.f. below-grade and 500 s.f. above-grade) are approved with the following conditions'
Prior to issuance of any building permits the applicant shall comply with the following:
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The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin County
Housing Office for approval. Upon approval of the deed restrictions by the Housing
Office, the applicant shall record the deed restrictions with the Pitkin County Clerk and
Recorders Office with proof of recordation to the Planning Department. The deed
restriction shall state that the accessory units meets the housing guidelines for such units,
meets the definition of Resident Occupied Units, and if rented, shall be rented for periods
of six months or longer;
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kitchen plans shall be verified by the Housing Office to ensure compliance with the
specifications for kitchens in ADUs; and
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The ADUs shall be clearly identified as a separate dwelling unit on building plans and shall comply
with U.B.C. chapter 35 sound attenuation requirements.
Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the unit to
ensure compliance with the conditions of approval.
All new surface utility needs and pedestals must be installed on-site.
The applicant shall consult the City Engineer for design considerations of development within
public fights-of-way, and the Parks Department for vegetation species, and shall obtain permits for
any work or development, including landscaping, within public fights-of-way from the City Streets
Department.
Prior to the issuance of any building permits, a tree removal and mitigation plan shall be submitted
for review and approval by the Parks Department. Tree removal permits shall be required for the
removal or relocation of any tree greater than 6" on caliper.
All material representations made by the applicant in the application and during public meetings
before 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 Febmary 6, 1996.
Attest: Planning and Zoning Commission:
Vicki C~vl~a, Deputy City Clerk Sar-a Garton, Chair