HomeMy WebLinkAboutresolution.apz.028-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING
APPROVAL OF THE 8040 GREENLINE REVIEW AND CONDITIONAL USE REVIEW FOR AN
ACCESSORY DWELLING UNIT FOR LOT 3 OF THE HOAG SUBDIVISION
Resolution No. 96- ~~
WHEREAS, pursuant to Section 26.68.030(C) of the Aspen Municipal Code, no development
shall be permitted at, above or 150 feet below the 8040 greenline, unless the Planning and Zoning
Commission makes a determination that the proposed development complies with all the requirements of
said Section; and
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 Jim Valerio,
Karen Johnson and Highland Investment, Ltd. requesting 8040 Greenline Review approval to construct a
single family residence and Conditional Use Review approval to construct an attached, studio accessory
dwelling unit; and
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, Housing Office, and the
City Engineering, Parks, and Community Development Departments reviewed the proposal and
recommended approval with conditions; and
WHEREAS, the Planning Commission reviewed and continued the application at public hearings
on September 3 and November 5, 1996; and
WHEREAS, during a public hearing at a regular meeting on December 17, 1996, the Planning and
Zoning Commission approved by a 3-2 vote the 8040 Greenline Review and Conditional Use Review for an
Accessory Dwelling Unit, subject to the conditions recommended by the Community Development
Department, as amended during the meeting.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby approve the 8040
Greenline Review for a single family residence and Conditional Use Review for an Accessory Dwelling
Unit for Lot 3 of the Hoag Subdivision, as shown on the revised plans dated 12/9/96, subject to the
following conditions:
The Planning Commission shall review and approve the plans for the fire turnaround pursuant to
the 8040 Greenline standards of the Code, prior to submission of any construction, excavation or
building permits for Lot 3 of the Hoag Subdivision.
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The residence shall be designed to withstand avalanche impact and deposition loads, as
recommended by Art Mears in his avalanche analysis dated January, 1987.
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No development, including grading and vegetation removal or landscaping, shall occur outside of
the approved building envelope, except for utility and driveway extension and maintenance and
grading and construction of a trail within the platted easement. The building envelope shall be
staked and fenced prior to commencement of excavation.
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A landscape plan and a tree permit shall be submitted for review and approval by the Parks
Department prior to building permit submittal. Trees to be retained on-site shall be protected
during construction with fencing around the dripline of the trees.
All exterior lighting shall be downcast.
All excavated material shall be removed from the site. A plan for deposition of the material shall
be included with the building permit application for review and approval by the Community
Development Department.
Concurrent with the excavation and grading required for the residence, the applicants shall rough
grade the section of the trail within the building envelope to the elevation and width established by
the Parks Department and shall construct retaining walls in areas of disturbance and excavation
within the building envelope.
The applicants shall install a residential fire sprinkler system to be approved by the Aspen Fire
Marshal prior to issuance of any building permits.
The unused driveway easement through the lot shall be vacated. The upper portion of the
driveway easement shall be revegetated and the lower portion shall be retained solely as a trail
easement.
Prior to the issuance of any building permits, the applicants shall submit the appropriate deed
restriction for an accessory dwelling unit to the Aspen/Pitkin County Housing Office for approval.
Upon approval of the deed restriction by the Housing Office, the applicants shall record the deed
restriction with the Pitkin County Clerk and Recorders Office with proof of recordation to the
Planning Office. 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.
Prior to issuance of any building permits, kitchen plans shall be verified by the Housing Office to
ensure compliance with specifications for kitchens in ADUs.
The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall
comply with the 1994 UBC Sound Transmission Control guidelines.
Prior to issuance of a Certificate of Occupancy, Community Development and Housing staff shall
inspect the ADU to ensure compliance with the conditions of approval.
All new surface utility needs and pedestals shall be installed on-site.
A drainage report and plan and a grading plan shall be provided with the building permit
application for review and approval by the City Engineer. Historic drainage flows shall be
accommodated on-site; any increase in storm mn-off flows shall be routed and detained on-site.
The applicants shall agree to join any furore improvement districts formed for the purpose of
constructing improvements in adjacent public rights-of-way. The agreement shall be executed and
recorded prior to issuance of any building permits.
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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 December 17, 1996.
Attest:
n, Deputy City Clerk
Planning and Zoning Commission:
Sara Garton, Chair