HomeMy WebLinkAboutresolution.apz.024-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF CONDITIONAL USE FOR TWO SEPARATE
ACCESSORY DWELLING UNITS AND STREAM MARGIN REVIEW
FOR TWO DETACHED SINGLE-FAMILY RESIDENCES AT THE
COLAS INVESTMENTS PROPERTY, PARCEL "A"
LOCATED OFF PARK AVENUE AT REGENT STREET AND
ADJACENT TO GARRISH PARK, CITY OF ASPEN
Resolution No. 96- e~
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 Colas. Investments, LLC for Conditional Use and Stream Margin Review for two (2)
new detached single-family residences on a 13,155 sf lot within the R-6 zone district
pursuant to Section 26.28.040(B)(3), and including two (2) separate above-grade studio
Accessory Dwelling Units, each having approximately 390 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 two (2) public hearings at regular meetings on JulY2 and
August 6,1996, the Planning and Zoning Commission approved by a 7-0 vote the
Conditional Use for two (2) Accessory Dwelling Units and Stream Margin Review for the
two (2) new detached single-family residences 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 Colas
Investments, LLC Conditional Use for two(2) above-grade studio Accessory Dwelling
Units is approved with the following conditions'
A. Prior to the issuance of any building permits, the applicant shall comply with the
following conditions'
1. The applicant shall submit to Engineering for review and approval, prior to the
issuance of any development orders, the following:
a) A construction and landscape easement agreement with the adjoining
property owners to be recorded with the County Clerk and shown on the
final plat.
b) An access easement shall be created as an "outlot" that is unrestricted
with no right for any develOpment on the easement which restricts the access
intent and that the intent is to convey a clear twenty foot travel access.
c) A maintenance agreement and encroachment licenses shall be submitted
prior to their execution, in addition to the new access "outlot" easement.
d) A complete site improvement and topographic survey prepared pursuant
to Colorado state statutes, signed and stamped by a registered land surveyor.
e) On-site parking and vehicular access requirements shall meet City
design standards.
2. The Fire Marshall shall review and approve the residential interior sprinkler
systems and the final access drive and turn-around with respect to
emergency access and fire safety.
B. Prior to the issuance of any building permits, the applicant shall comply with the
following requirements:
1. 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
Planning Department. The deed restriction shall state that the accessory 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.
2. Kitchen plans shall be verified by the Housing Office to ensure compliance with
specifications for kitchens in ADUs.
3. The Accessory Dwelling Units shall be clearly identified as a separate dwelling
units on building permit plans and shall comply with the 1994 U.B.C. Sound
Transmission Control Guidelines.
4. 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 caliper.
C. Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect
the Accessory Dwelling Units to ensure compliance with the conditions of approval.
D. 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'
A. The applicant agrees to negotiate in good faith with the City for the granting of a
trail easement to the City. The trail easement shall be the area from the centerline of the
Riverside ditch south to the lower property boundary. The trail easement shall be described
and shown on the final plat. The easement shall be recorded with the County Clerk and
Recorder. The trail easement will not. affect the allowable FAR permitted on the parcel.
B. The building envelopes for the two (2) detached single-family residences shall be clearly
shown on the final plat.
C. 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.
D. 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.
E. 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 August 6, 1996'.
Attest:
Planning and Zoning Commission:
cie Lothian, Deputy City Clerk
Sara Garton, Chairperson