HomeMy WebLinkAboutresolution.apz.002-96 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING CONDmONAL USE APPROVAL
FOR AN ACCESSORY DWELLING UNIT TO BE CONSTRUCTED AT 971 UTE
RESOLU~ON NO. 2
WHEREAS pursuant to Section 26.60.040 of the Land Use Regulations of the City
of Aspen, accessory dwelling units may be approved by the Planning and Zoning
Commission as a conditional use, and
WHEREAS a development application for a conditional use approval shall meet the
following standards:
a. The conditional use shall be consistem with the purposes, goals, objectives,
and standards of the Aspen Area Comprehensive Plan, and with the intent of
the zone district in which it is proposed to be located,
b. The conditional use shall be consistent and compatible with the character of
the immediate vicinity of the parcel proposed for developmem and surrounding
land uses, or it shall enhance the mixture of complimentary uses and activities
in the immediate vicinity of the parcel proposed for development,
c. The location, size, design, and operating characteristics of the proposed
conditional use shall minimize adverse effects, including visual impacts,
impacts on pedestrian and vehicular circulation, parking, trash, service
delivery, noise, vibrations, and odor on surrounding properties;
d. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency, hospital and medical services, drainage
systems, and schools,
e. The applicant shall commit to supply affordable housing to meet the
incremental need for increased employees generated by the conditional use,
and
f. The proposed conditional use shall comply with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all applicable
requiremems of this title.
WHEREAS Bass/Cahn Properties, as represented by Smart Lusk of Lusk Design,
submitted an application for a conditional use approval for an accessory dwelling
unit to be constructed at 971 Ute Avenue, Aspen, Colorado, and
WHEREAS a public hearing was held at a regular Aspen Planning and Zoning
Commission heating on April 16, 1996, in which the Commission considered and
approved the applicant's request by a vote of____ to~ with conditions;
NOW, THEREFORE, BE IT RESOLVED:
That the 410 square foot accessory dwelling unit at 971 Ute Avenue, City of Aspen,
is approved subject to the following conditions:
1. Prior to the issuance of any building permits the applicant shaH:
a. Verify with the Housing Office that the net livable area of the accessory
dwelling unit is a minimum of three hundred and forty (340) square feet,
b. Verify with the Housing Office that the unit will be built with a kitchen
having a minimum of a two burner stove with oven, standard sink, and a
6-cubic foot refrigerator with freezer,
c. Upon approval of the deed restriction by the Housing Office, the applicant
shall record the deed restriction with the Pitkin County Clerk and Recorder's
Office and provide proof of recordation to the Community Development
Department. The deed restriction shall state that the accessory dwelling unit
meets the housing guidelines for such units, meets the definition of Resident
Occupied Unit, and if rented, the unit shall be rented for periods of six (6)
months or longer,
d. Clearly identify the accessory dwelling unit on building permit plans as a
separate studio unit having a private exterior entrance and being in compliance
with U.B.C. Chapter 35 sound attenuation requirements,
e. Provide a drainage plan to confirm that the historic surface mn-off shall be
maintained on-site,
f. Submit a landscape plan, preserving the existing willow, if possible, to the
Park's Department for review,
g. Apply for a tree removal permit two (2) weeks prior to the issuance of a
building permit if the existing willow (8" diameter, multi-stemmed), spruce
(8 1/2" diameter), and/or two (2) aspen trees (8" diameter) are removed. The
required mitigation for the removal of any of these trees shah be as per
Section 15.04.450 of the Municipal Code.
2. Prior to the issuance of a certificate of occupancy, the Community Developmem
Departmem shall inspect the accessory dwelling unit to determine compliance
with the conditions of approval.
3. The applicant shall consult with various City departments in regards to the
following:
a. City engineering for design considerations and any development within public
fights-of-way,
b. Parks department for tree removal, landscaping, and vegetative species,
c. City streets department for any work or development, including landscaping,
within public fights-of-way.
4. Any new surface utility needs including pedestals must be installed on-site.
5. The applicant shall agree to join any furore improvement districts which may be
formed for the purpose of constructing improvements in the public fight-of-way.
6. All material representations made by the applicant in the application and during
public meetings with the Planning and Zoning Commission shall be adhered to
and considered conditions of approval, unless otherwise amended by other
conditions.
7. Prior to the issuance of a certificate of occupancy, the Community Development
Department shall inspect the accessory dwelling unit to determine compliance
with the conditions of approval.
APPROVED by the Planning and Zoning Commission at its regular meeting
on April 16, 1996.
ATTEST:
Deputy ~t3~ Clerk
PLANNING AND ZONING COMMISSION
Sara Garton, Chair