HomeMy WebLinkAboutresolution.apz.021-96 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF CONDITIONAL USE FOR TWO ATTACHED
ACCESSORY DWELLING UNITS AND STREAM MARGIN REVIEW
FOR A DUPLEX AT THE BRADEN PROPERTY, 926 EAST HOPKINS AVENUE
LOTS Q AND R, BLOCK 2~, EAST ASPEN ADDITION, CITY OF ASPEN
Resolution No. 96-_tzq, 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, pursuant to Section 26.68.040(B), development is required to
undergo Stream Margin Review if it is within 100 feet from the high water line of the
Roaring Fork River; and
WHEREAS, the Community Development Department received an application
from Ralph Braden for Conditional Use and Stream Margin Review for a new duplex
containing two (2) above-grade studio Accessory Dwelling Units, with each unit having
apprOximately 305 sf of net livable area; and
WHEREAS, the proposed Accessory Dwelling Units are 100% above-grade, the
project is eligible for a floor area bonus of 50% or 250 sf, whichever is less, for each
ADU pursuant to the definition of Floor area (G), "Accessory Dwelling Unit or Linked
Pavilion", Section 26.04.100 of the Aspen Land Use Regulations; and.
WHEREAS, the Housing Office, City Engineering, 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 May 7, 1996, the
Planning and Zoning Commission approved by a 6 to 0 vote the Conditional Use for the
two (2) Accessory Dwelling Units and Stream Margin Review for the new duplex with
the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission'
Section 1' Pursuant to Section 26.40.090 of the Aspen Municipal Code, the Braden
duplex Conditional Use for two(2) above-grade studio Accessory Dwelling Units is
approved with the following conditions'
2'
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o
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Prior to the issuance of any building permits, the applicant shall comply with the
following requirements:
a)
The applicant shall revise the architectural floor plans in order to create
Accessory Dwelling Units that are totally separate from the two (2) primary'
residences;
b)¸
The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin
County Housing Office for approval. Upon approval of the deed restrictions
by the Housing Office, the applicant shall record the deed restrictions with
the Pitkin County Clerk and Recorders Office with proof of recordation
submitted to the Community Development Department. The deed
restriction shall state that the Accessory Dwelling Units meet the housing
guidelines for such units, meet the definition of Resident Occupied units,
and if rented, shall be rented for periods of six (6) months or longer; and
c)
Kitchen plans shall be verified by the .Housing Office to ensure compliance
with specifications for kitchens in ADUs.
The two (2) ADUs shall be clearly identified as a separate dwelling units on
building permit plans and shall comply with 1994 U.B.C. Sound Transmission
Control Guidelines (Appendix Chapter 12, Division II, Section 1208).
Prior to issuance of a Certificate of'Occupancy (CO), the Planning Department shall
inspect both Accessory Dwelling Units to ensure compliance with the conditions
of approval.
All new surface utility needs and pedestals must be installed on-site. Curb and
gutter shall be installed to City standards along East Hopkins Avenue.
The applicant shall abandon the existing water line on the property if the new
duplex is not constructed within six (6) months after the existing residence is
demolished.
Prior to the issuance of any building permits, a landscaping 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 six inch (6") caliper.
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.
Section 2: Pursuant to Section 26.68.040(B) of the Municipal Code, the Planning and
Zoning Commission does hereby grant the applicant Stream Margin Review approval
with the following conditions:
o
No vegetation shall be manipulated outside of the building envelope; and the
envelope boundary along the Roaring Fork River shall be barricaded prior to
issuance of any building permits.
o
Silt fencing shall be used during construction to prevent runoff from disturbed soils
from entering the river. Revegetation is required for any disturbed soil on the site.
o
If dedicating a trail easement along the river, the applicant shall contact the Parks
Department to determine the appropriate location and width.
o
All exterior lighting shall be low and downcast with no light(s) directed towards the
Roaring Fork River or located down the slope. Light sources shall not illuminate
greater than eight (8) feet from the building or structures.
o
Any future development (including but not limited to: decks, spas, terraces, patios,
fences, non-native plant materials) shall not encroach into the fifteen (15) foot top-
of-slope setback.
Se
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 May 7, 1996.
Attest:
Planning and Zoning Commission:
JackieLothian, Deputy City Clerk
Sara Garton, Chairperson