HomeMy WebLinkAboutresolution.apz.030-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE AND VARIANCE FOR A
DETACHED ACCESSORY DWELLING UNIT AT THE SHOAF RESIDENCE,
LOT 2, SHOAF'S WATERFALL SUBDIVISION,
117 NEALE AVENUE, CITY OF ASPEN
Resolution 96-_~_0
WHEREAS, the Community Development Department received an application
from Jeffrey Shoaf, owner, for a Conditional Use and Variance for the relocation and
remodeling of a historic cabin into a voluntary, detached one-bedroom Accessory
Dwelling Unit containing approximately 700 sf; 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 Planning and Zoning Commission may vary the dimensional
requirements of the underlying zone district for an Accessory Dwelling Unit in
accordance with Section 26.40.090(B)(2); and
WHEREAS, pursuant to Section 26.58.040(F)(1), a FAR Bonus equal to fifty
(50) per cent of the Accessory Dwelling Unit floor area (up to a maximum of 350 sf) shall
be granted if the ADU is separated from a principal structure by a distance of no less than
ten (10) feet, with a maximum footprint of four hundred fifty (450) square feet; and
WHEREAS, the Housing Office, City Engineering, Historic Preservation
Committee and Community Development Department reviewed the proposal and
recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on December 10, 1996,
the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use and
Variance for the Shoaf detached Accessory Dwelling Unit with the conditions
recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use and Variance for a detached, one-bedroom Accessory Dwelling
Unit containing approximately 700 sf to be relocated onto the Shoaf property at 117
Neale Avenue 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 700 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. comply with Part III, Section 7, Deed Restricting Existing Dwelling Units of
the Aspen/Pitkin County Affordable Housing Guidelines (see Exhibit B,
Housing Office Memorandum);
d. provide the Housing Office with a signed and recorded Deed Restriction which
must be obtained from the Housing Office;
e. clearly identify the Accessory Dwelling Unit (ADU) on building permit plans
as a separate one-bedroom unit;
f. submit a current site improvement survey with the building permit application.
The survey shall reference a current title policy to ensure documentation of
easements;
g. connect to City water in accordance with City and State statute if the residence
is not presently being served by the City Water Department and the domestic
well shall be abandoned;
h. provide one, off-street parking space on-site for the ADU that shall be shown
on the final improvement plans. Existing parking spaces that meet Code
requirements shall also be shown on building permit drawings and the
maximum curb-cut and driveway width shall be eighteen feet;
i. show a trash containment area on final development plans. All utility meters
and any new utility pedestals must be installed on the applicant's property and
not located'in the public rights-of-way. Easements shall be provided for
pedestals. All utility meter locations must be indicated on the building permit
drawings. Meter locations shall be accessible for reading and may not be
obstructed by trash storage; The applicant may consider separate water
service, meter and wastewater service lines for the ADU;
j. submit a drainage mitigation plan signed and stamped by an engineer in the
state of Colorado as part of the building permit application. The site
development shall meet the runoff design standards of Section
26.88.040(C)(4)(f);
k. 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. A signed and notarized
agreement with recording fees shall be provided prior to final building
inspection;
1. 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 encr°achments, entry points for utilities entering the
property boundaries and any other improvements to the Aspe~Pitkin County
Data Processing Department in accordance with City GIS requirements;
b. install sidewalk, curb and gutter along Neale Avenue. A boulder and utility
pedestal may have to be removed or relocated. If necessary, it is preferable to
have the applicant relocate the pedestal on private property within an easement.
The sidewalk may be routed around the boulder or pedestal if an easement is
provided by the applicant on their property;
c. permit Community Development Department and Housing Office staff to
inspect the property to determine compliance with the conditions of approval.
d. relocate the existing fence along Neale Avenue onto private property if it is
within the public right-of-way. To .enhance the neighborhood character and
ambiance, the fence shall be lowered, relocated and/or removed in such a ·
manner that the historic cabin shall be readily visible frOm Neale Avenue.
3. A FAR Bonus equal to fifty (50) per cent of the Accessory Dwelling Unit floor area
(up to a maximum of 350 sf) shall be granted if the ADU is separated from a principal
structure by a distance of no less than ten (10) feet, and it has a maximum footprint of
four hundred fifty (450) square feet or the ADU is deed restricted to occupancy pursuant
to Ordinance 38-96.
4. Planning and Zoning Commission hereby grant a variance of the front yard setback
from twenty-five (25) feet to ten (10) feet for the location of the historic cabin, Accessory
Dwelling Unit only. The front yard setback for the primary residence shall be twenty-five
(25) feet in the R-15 zone district as per City Code.
5. The applicant shall consult with City departments regarding the following:
a. City Engineering (920-5080) for design considerations and any development
within public rights-of-way;
b. Parks Department (920-5120) for tree removal, landscaping, and
vegetative species; and
c. City Streets Department (920-5130) for any work or development, including
landscaping, within public rights-of-way.
6. 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 December 10, 1996.
Attest:
Planning and Zoning Commission:
~/~Jackie Lothian, Deputy City Clerk
Sara Garton, Chairperson