HomeMy WebLinkAboutresolution.apz.026-96 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN
ACCESSORY DWELLING UNIT AT THE ORBE RESIDENCE LOCATED AT
712 WEST FRANCIS STREET, ALL OF LOT Q AND THE EAST ONE-HALF OF
LOT P, BLOCK 15, CITY AND TOWNSITE OF ASPEN
Resolution 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 Lawrence Orbe, owner, for a Conditional Use review for an above-grade one-
bedroom Accessory Dwelling Unit having approximately 516 sf of net livable area; and
WHEREAS, the proposed accessory dwelling unit is 100% above grade, 50% or
250 sf whichever is les~ shall be exempt from allowable floor area calculations pursuant
to the definition of Floor Area "Accessory Dwelling Unit or Linked Pavilion",
Section 26.04.100(G) of the Aspen Land Use Regulations; and
WHEREAS, the Housing Office, City Engineering and Community Development
Department reviewed the proposal and recommended approval with conditions;, and
WHEREAS, during a public hearing at a regular meeting on September 3, 1996,
the Planning and Zoning Commission approved by .a 7-0 vote the Conditional Use review
for the Orbe property Accessory Dwelling Unit with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Orbe property Conditional Use for an above-grade Accessory Dwelling Unit
containing approximately 516 sf 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 allowable floor area of the Accessory
Dwelling Unit contains approximately 576 sf as shown on the plans;
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. provide the Housing Office with a signed and recorded Deed
Restriction which must be obtained from the Housing Office;
d. clearly identify the Accessory Dwelling Unit (ADU) on building permit plans
as a separate one-bedroom 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 that shall be shown
on the final improvement plans;
f. submit plans pursuant to Chapter 26.58, Residential Review Standards to
Community Development for review and approval;
g. install any new trash areas or service facilities requiring a pedestal or other
above ground equipment on an easement provided by the property owner and
not located in the public rights-of-way;
h. dedicate an easement should the existing telephone or television pedestal along
the alley need to be relocated for the Construction of the garage and off-street
parking area;
show all existing and any new easements for utility services on the final
recorded improvement plans;
j. submit a drainage report and plan to confirm that the new development shall
not release more than the historic surface mn-off flOWS from the site and any
increase in historic storm mn-off flows must be routed and maintained on-site;
k. execute and record an agreement to construct curb', gutter and sidewalks when
needed for the property frontage along Francis Street. A five (5) foot area
along the Francis Street frontage shall remain unobstructed by improvements
including vegetation, landscape boulders, fences etc. to provide space for the
future sidewalk.to align with the neighboring sidewalk grades and routes, to
either side of the property;
1. execute and record an agreement requiring the property owner to join any future
improvement districts which may be formed for the purpose of constructing
improvements in the public right-of-way; and
m. 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
any tree removal 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. submit as-built drawings of the project showing property lines, building
footprint, easements, any encroachments, entry points for utilities entering the
property boundaries and any other improvements to the Aspen/Pitkin County
Data Processing Department in accordance with City GIS requirements; and
b. allow Community Development Department and Housing Office staff to
inspect the property to determine compliance with the conditions of approval.
3. 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; and
c. City Streets Department for any work or development, including landscaping,
within public rights-of-way.
4. All material representations made by the applicant in this 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 3, 1996.
Attest:
lerk
Planning and Zoning Commission:
Sara Garton, Chairperson