HomeMy WebLinkAboutresolution.apz.011-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT
THE NEISSER RESIDENCE, 425 W. FRANCIS ST. (LOTS C, D & E, BLOCK 35, CITY
AND TOWNSITE OF ASPEN)
Resolution No. 96- ] I
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 Judith Neisser for a
Conditional Use review for a studio accessory dwelling unit of approximately 393 net livable
square feet within a proposed residence; and
WHEREAS, the proposed unit is 100% above grade, therefore the site is allowed an FAR
bonus of 250 square feet pursuant to the definition of Floor Area "Accessory Dwelling Unit",
Section 26.04.100 of the Aspen Municipal Code; and
WHEREAS, the Housing Office, City Engineer, Parks Department, Water Department and
the Community Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, during a public hearing at a regular meeting on April 2, 1996, the Planning
and Zoning CommisSion approved by a 3-2 vote the Conditional Use review for the Neisser
accessory dwelling unit with the conditions recommended by the Planning Office, as amended.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Neisser Conditional Use for a 393 s.f. net livable, above grade accessory dwelling unit is
approved with the following conditions'
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The access to the unit shall be redesigned to provide a separate, private entrance, prior to
submission of the deed restriction to the Housing Office.
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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 Office. 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; and
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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" caliper. All remaining trees must be protected
during construction with no encroachment of the driplines during excavation.
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The ADU shall be clearly identified as a separate dwelling unit on building permit plans and
shall comply with U.B.C. 35 sound attenuation requirements.
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Prior to issuance of a Certificate of Occupancy, the Planning Office shall inspect the unit to
ensure compliance with the conditions of approval.
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All new surface utility needs and pedestals must be installed on-site.
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The applicant shall abandon the existing water line on the property if the new residence will
not be constructed within 6 months after the existing residence is demolished.
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The applicant shall adhere to all material representations made in the application and during
public meetings with the Planning and Zoning Commission and shall consider these
representations to be conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on April 2, 1996.
Attest:
Amy Sch0fid,~Deput~ City Clerk
Planning and Zoning Commission:
Sara Garton, Chair