HomeMy WebLinkAboutresolution.apz.020-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF CONDITIONAL USE AND HALLAM LAKE BLUFF ENVIRONMENTALLY
SENSITIVE AREA REVIEWS FOR AN ACCESSORY DWELLING UNIT AT THE
FARISH RESIDENCE LOCATED AT 844 ROARING FORK ROAD (ALL OF. LOTS 5-9
AND PART OF LOTS 10 AND 11, ASPEN COMPANY SUBDIVISION)
Resolution No. 96 ~
WHEREAS, pursuant to Section 26.60.040 of the Aspen Land Use
Regulations 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, pursuant to Section 26.68.060 of the Aspen Land Use
Regulations all new development along the bluff above Hallam Lake
shall be reviewed by the Planning and Zoning Commission for
impacts to the slope and nature preserve below in conformance with
the requirements of said Section; and
WHEREAS, the Planning Office received an application from
Mrs. Stephen Farish for Conditional Use and Hallam Lake ESA
reviews for a detached 681 s.f. one bedroom accessory dwelling
unit .at her property;and
WHEREAS, in 1995 the Planning Office, Planning and Zoning
Commission and Ordinance 30 Design Review Committee reviewed and
approved demolition and reconstruction of the existing single
family residence on the site. Said approvals and conditions are
memorialized in Planning and Zoning Commission Resolution No. 95-
43; and
WHEREAS, in order to attain the floor area for the proposed
ADU, the applicant had to reduce the floor area of the principal
dwelling by 681 s.f. from the 1995 approval; and
WHEREAS, the Community Development Director made the
determination that the reduced principal residence is of the same
design and character of the previously approved dwelling and is
therefore exempt from further review under Ordinance 35 or the
Design Review Committee; and
WHEREAS, the proposed unit is substantially above grade.
However, the applicant agreed not to seek a FAR bonus as part of
the revised residential development; and
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WHEREAS, the Housin~ Office, City Engineer, Aspen Center for
Environmental Studies and the Planning Office reviewed the
proposal and recommended approval with conditions; and
WHEREAS, durin~ a public hearin~ at a regular meetin~ on
December 10, 1996 the Plannin~ and Zonin~ Commission approved by
a 6-0 vote the Conditional Use and Hallam Lake Bluff ESA reviews
for the Farish accessory dwellin~ unit with conditions
recommended by the Plannin~ Office, as amended at the public
hearing.
NOW, THEREFORE BE IT RESOLVED by the Commission-
That the Farish Conditional Use and Hallam Lake Bluff ESA reviews
for a 681 s.f. net livable detached accessory dwelling unit is
approved with the following conditions-
1. Ail conditions contained in P&Z Resolution #95-43 shall be
forwarded to this approval and shall be adhered to during all
phases of demolition, construction and occupancy of this property.
2. A construction barricade shall be erected prior to the
issuance of any building permit for the ADU.. 'This barricade
shall be extended along the top of the slope adjacent to the ADU
construction area.
3. 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 restrictioh 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.
4. Kitchen plans shall be verified by the Housing Office to
ensure compliance with specifications for kitchens in ADUs; and
5. Prior to issuance of a Certificate of Occupancy, the Housing
Office shall inspect the unit to ensure compliance with the
conditions of approval.
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6. Any new hard surfaces will catch precipitation and will
require a drywell design (5 year storm capacity) to be stamped by
a Colorado licensed civil engineer.
7. Prior 'to the issuance of any building permits the applicant
is required to submit to the Aspen/Pitkin County Data Processing
Dept. as-built drawings for the project showing property lines,
building footprint, easement, entry points for utilities at
property boundaries, and any other improvements
8. A parking space which meets the requirements of the
Engineering Department shall be dedicated for the ADU. An
appropriate path shall provide all weather access from the parking
area to the ADU.
9. Ail 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 December 10,
1996.
~~a~mmis sion:
Sara Garton, Chair
ckie Lothi~an, Deputy ~ity Clerk