HomeMy WebLinkAboutresolution.apz.018-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING
APPROVAL OF A CONDITIONAL USE FOR TWO DETACHED RESIDENTIAL
DWELLINGS AND TWO ACCESSORY DWELLING UNITS FOR RICHARD KENT AT
935 E. HYMAN AVE. (LOT 1, KENTCO LOT SPLIT)
Resolution No. 96- l ~
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, the
Residential/Multi-Family zone district, the Planning and Zoning Commission may grant
conditional use approval for two residential dwelling units on a lot with a minimum lot area of
6,000 square feet which contains a historic landmark and for accessory dwelling' units, in
conformance with the requirements of said Section; and
WHEREAS, 'the Community Development Department received an application from
Richard Kent for a Conditional Use review for two residential dwelling units and two above-grade,
studio accessory dwelling units at' 935 E. Hyman Avenue; 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 September 17, 1996, the
Plmming and Zoning Commission approved by a 7-0 vote the Conditional Use review for the Kent
detached dwelling units and accessory.dwelling units, amending the conditions reconnnended by
the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission that the Kent Conditional Use for
two detached dwelling units.and two above-grade, studio accessory dwelling units each Containing
approximately 300 square feet of floor area, is approved with the following conditions:
Prior to the issuance of any building permits, Housing shall approve and the owner shall
record the appropriate deed restriction. 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, shall be rented for periods of six months or longer. Plans
showing the net livable square footage of the unit and the kitchen specifications shall be
submitted to Housing with the deed restriction.
A tree removal and mitigation plan shall be submitted for review and approval by the Parks
Department, at least two weeks prior to submission of a demolition permit. Tree removal
pemfits shall be required for the removal or relocation of any tree greater than 6" caliper.
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The ADU shall be clearly identified as a separate dwelling unit on building permit pl~.ns and
shall comply with the 1994 UBC Sound Transmission Control guidelines (Appendix
Chapter 12, Division II, Section 1208).
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Prior to issuance of a Certificate of Occupancy, Community Development and Housing
staff shall inspect the unit to ensure compliance with the conditions of approval.
All new surface utility needs and pedestals shall be installed on-site.
A drainage report and plan shall be included with the building permit application, as
required by Ordinance 43, Series of 1993.
A five foot sidewalk shall be constructed at the time of development, as required by
Ordinance 43, Series of 1993. The sidewalk may meander to accommodate existing
features, and the grade may be as great as 8.3% if necessary to meet site conditions.
The wooden fence that encroaches into the right-of-way shall be removed or an
encroachment license shall be obtained from the City Engineer priOr to development of the
lot.
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The survey monument may not be defaced or altered, and must remain accessible to
surveyors for use as a reference point.
The property owner shall execute and record an agreement to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the
property, prior to issuance of any building permits.
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 September 17, 1996.
Attest:
Lothian, Deputy City Clerk
Planning and Zoning Commission-
Sara Garton, Chair
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