HomeMy WebLinkAboutresolution.apz.010-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT
THE POWER PROPERTIES RESIDENCE, 939 E. COOPER AVE.; UNIT B, EAST
COOPER COURT CONDOMINIUMS
Resolution No. 96- I 0
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 Planning Office received an application from Sandy Schonwald of Powe
Properties for a Conditional Use review for a 415 net livable.square foot, below-grade studio
accessory dwelling unit within the 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 4, 1996, the Planning
and Zoning Commission approved by a 6-0 vote the Conditional Use review for the Power
prOperties accessory dwelling unit with the conditions recommended by the Community
Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Power Properties Conditional Use for a 415 net livable square foot, below-grade 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 trait 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;
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If the floor plan for the ADU is revised based on the recommendations of the
Housing Office, a revised copy shall be submitted to the Housing Office.
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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 Communiff Development Department
shall inspect the unit to ensure compliance with the conditions of approval.
The applicant shall comply with the following requirements of the City Engineer:
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All new surface utility needs and pedestals must be installed on-site.
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The applicant Shall obtain permits for any work or development, including
landscaping, within public rights-of-way from the Community Development
Department.
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The approved 12' wide driveway shall be aligned in the middle of the ADU parking
space and the garage to permit access to both parking spaces.
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All drainage shall be retained on-site.
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Construction of sidewalk, curb and gutter, and the driveway cut, and relocation of
the existing street light, shall be completed by the City as part of the East Cooper
Avenue Street Improvements Project and shall be billed to the applicant. Payment
shall be made within 30 days of receipt of the bill. Any public improvements
damaged by the applicant during construction shall be replaced prior to issuance of a
Certificate of Occupancy.
The escrow account established to ensure the survivability of the relocated spmce tree shall
be released, since the tree did not survive the relocation. The funds shall be used to replace
the tree.
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 amended by other conditions.
APPROVED by the Commission at its regular meeting on June 4, 1996.
Attest:
Amy'Sch~d, ~ep'u~y di~y Clerk
Planning and Zoning Commission:
Sara Garton, Chair