HomeMy WebLinkAboutresolution.apz.025-96 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN
ACCESSORY DWELLING UNIT AT THE PICKUS RESIDENCE LOCATED AT
999 CEMETERY LANE, CONDOMINIUM UNIT "B"-1425 SILVERKING,
CITY OF ASPEN, COLORADO
Resolution No. 96-~
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 Community Development Department received an .application
from Ms. Sallie Pickus, owner/applicant, for a Conditional Use review for a
below-grade studio Accessory Dwelling Unit having approximately 635 square feet of net
livable area contained within the proposed primary residence; 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 August 6, 1996, the
Planning and Zoning Commission approved by a 5 to 2 vote the Conditional Use review
for the Pickus Accessory Dwelling Unit with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Pickus Conditional Use for a below-grade studio Accessory Dwelling Unit
containing approximately 635 square feet of net livable area is approved with the
following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. verify with the Housing Office that the floor area of the Accessory Dwelling Unit is
a minimum of six hundred (600) square feet as per Section 26.100.050(A)(2)(c)(2);
b. verify with the Housing Office that the ADU will contain a kitchen having a
minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot
refrigerator plus freezer;
c. upon approval of the deed restriction by the Housing Office, record the deed
restriction with the Pitkin County Clerk and Recorder's Office and provide proof of
recordation to the Community Development Department. 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, the unit shall
be rented for periods of six (6) months or longer;
d. clearly identify the Accessory Dwelling Unit on building permit plans as a separate
studio unit having a private, exterior entrance and being in compliance with
1994 U.B.C. Sound Transmission Guidelines (Appendix Chapter 12, Division II,
Section 1208).
e. provide one, off-street parking space on-site for the ADU.
f. submit plans pursuant to Chapter 26.58, Residential Review Standards to
Community Development for review and approval;
g. provide an easement on-site and not within .the public rights-of-way for any new
surface utility needs including pedestals. All existing and any new utility easements
shall be shown on the final improvement plans;
h. execute and record an agreement to construct curb, gutter and sidewalks along
Cemetery Lane and Silverking Drive when needed by the neighborhood. A five (5)
foot sidewalk (pedestrian area) shall remain unobstructed by improvements
including fences, landscape boulders, vegetation, etc. to provide fOr the future
sidewalk alignments and linkages to adjacent sidewalk routes and grades. The
pedestrian areas (future) shall be shown on the final development plan.
i. provide a drainage report and plan to confirm that the historic surface mn-off shall
be maintained and that any increase in historic mn-off flows shall 'be first routed
and detained on-site;
j. submit a landscape plan to the Parks Department for review and approval; and
k. apply for a tree removal permit two (2) weeks prior to the issuance of a building
permit if any trees are to be removed. The required mitigation for the removal of
any of these trees shall be as per Section 15.04.450 of the municipal code.
2. Prior to the issuance of a certificate of occupancy (CO), the applicant shall:
a. allow Community Development Department and Housing Office staff to inspect the
Accessory Dwelling Unit for compliance with the conditions of approval; and
b. submit to Aspen/Pitkin County Data Processing Department as-built drawings of
the project showing the property lines, building footprints, easements,
encroachments, utility entry points at the property boundaries and any other
improvements.
3. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
4. The maximum driveway width for both Unit A and Unit B (Pickus residence) shall be
a total of eighteen (18) feet for the length of the double driveway extending from the
edge of the pavement on Silverking Drive to the right-of-way/property line. Driveway.
access shall not be permitted on Cemetery Lane. The off-street parking configuration
shall be shown on the final improvement plans to be submitted for building permit.
5. The existing landscaping shall be pruned regularly or other planting shall be installed
to provide adequate visibility of the stop sign and sight distance to the south on
Cemetery Lane.
6. The owner shall be responsible for construction and maintenance of all landscaping
improvements, with prior City approval, from their property lines to the edge of
public street pavements.
7. A proper improvement survey plat as per current 38-51 C.R.S. standards and as
amended by City Code requirements shall be submitted with the building permit
application.
.
8. The applicant shall consult with City departments regarding the following:
a. City Engineering for design considerations and any development within public
rights-of-way;
b. Parks Department for tree removal, landscaping, and vegetatiVe species;
c. City Streets Department for any work or development, including landscaping,
within public rights-of-way.
9. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commissio~n 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:
kie Lothian, Deputy City Clerk
Planning and Zoning Commission:
Sara Garton, Ch~erson