HomeMy WebLinkAboutresolution.apz.008-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT
THE SCHRAGER RESIDENCE, 923 E. HYMAN AVE. (LOT 2, KENTCO LOT SPLIT)
Resolution No. 96- ~
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, 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 Community Development Department received an application from Phil
Schrager for a Conditional Use review for a 358 s.f. below-grade, studio accessory dwelling trait at
his proposed residence; and
WHEREAS, the Housing Office, City Engineer, Parks Department and Community
Development Department reviewed the proposal and recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on June 18, 1996, the Planning
and Zoning Commission approved by a 6-0 vote the Conditional Use review for the Schrager
accessory dwelling trait amending the conditions recommended by the Community Development
Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Schrager Conditional Use for a 385 s.f. net livable, below-grade, studio accessory dwelling
unit is approved with the following conditions:
Prior to the issuanCe of any building permits, the applicant shall comply with the following:
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The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County
Housing Office for approval. Upon approval of the deed restriction by the Housing Office,
the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders
Office with proof of recordation to the Planning Department. The deed restriction shall
state that the accessory unit meets the housing guidelines for such units, meets the
definition of Resident Occupied Unit, 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
specifications for kitchens in ADUs.
A tree removal and mitigation plan shall be submitted for review and approval by the Parks
Department prior to building permit submittal. Tree removal permits shall be required for the
removal or relocation of any tree greater than 6" caliPer. Clumps of trees to be retained shall be
protected during construction by fencing around the dripline of the trees.'
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The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall
comply with the 1994 UBC Sound Transmission Control guidelines.
Prior to issuance of a Certificate of Occupancy, the Community Development 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 obtain permits for any work or development, including landscaping, within'
public rights-of-way from the Community Development Department.
Prior to issuance of a certificate of occupancy, the owner shall construct a 5 foot wide sidewalk
with a 6 fo°t buffer zone between the sidewalk and the curb.
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.
APPROVED by the Commission at its regular meeting on June 18, 1996.
Attest:
Amy Schm~, Deputy City Cler~:
Planning and Zoning Commission:
Sara Garton, Chair