HomeMy WebLinkAboutresolution.apz.001-97RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING
APPROVAL OF A CONDITIONAL USE TO LEGALIZE A BANDIT UNIT AS AN ACCESSORY
DWELLING UNIT FOR ADAM ROTHBERG AND JOE DUNN AT 820 BONITA DRIVE
Resolution No. 97- I
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 26.40.090(C) of the Code, a bandit unit may be legalized if it was
in existence prior to November 1, 1988, and if it meets the health and safety requirements of the Uniform
Building Code, as determined by the chief building official; and
WHEREAS, the Community Development Department received an application from Adam
Rothberg and Joe Dunn for a Conditional Use review to legalize a bandit unit as an accessory dwelling unit;
and
WHEREAS, the property is located at 820 Bonita Drive (Lot 19, West Aspen Subdivision, Filing
No. 1) and the existing structure contains three dwelling units; and
WHEREAS, the Housing Office, City Engineer, 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 January 7, 1997, the Planning and
Zoning Commission approved by a 4-2 vote the Conditional Use for an accessory dwelling unit, amending
the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission that the 820 Bonita Conditional Use
Review for an accessory dwelling unit containing approximately 600 square feet of floor area, is approved
with the following conditions'
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Prior to the issuance of any building permits, the applicant shall comply with the following:
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The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County
Housing Office for approval. Upon approval of the deed restriction by the Housing Office,
the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders
Office with proof of recordation to the Community Development Department;
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Kitchen plans shall be verified by the Housing Office to ensure compliance with
specifications for kitchens in ADUs; and
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The applicants shall submit a building permit for the chief building official to inspect and determine
that the ADU complies with the health and safety requirements of the Uniform Building Code.
Any work required shall be completed prior to recording of the deed restriction.
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Prior to issuance of a Letter of Completion for the ADU, the Community Development and
Housing staff shall inspect the unit to ensure compliance with the conditions of approval.
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The applicants shall remove the existing boulders in the Bonita Drive right-of-way prior to issuance
of a. Letter of Completion for the ADU.
When a building permit is submitted to expand the existing building footprint or redevelop the
property, the applicants shall provide a site plan containing all of the information required for a tree
removal permit, driveway location and dimensions, site drainage plan, existing and proposed
easements, landscaping plan for the portion of the right-of-way between the edge of pavement and
the property line, and as further required by the Aspen Municipal Code.
Prior to issuance of a Certificate of Occupancy for any expansion of the existing building footprint
or redevelopment of the property, the applicants shall remove and replace the circular driveway
with a single driveway curb cut and shall submit as-built drawings in digital format to the
Aspen/Pitkin County Data Processing Department showing property lines, building footprint,
easements, encroachments, entry points for utilities and any other improvements
A tree removal and mitigation plan shall be submitted for review and approval by the Parks
Department prior to submission of any building permits for construction which would expand the
existing building footprint. Tree removal permits shall be required for the removal or relocation of
any tree greater than 4" caliper.
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.
The applicants shall cease diversion of water to the pond from the ditch, unless proof of water
rights is provided to the City Water Department.
The applicants shall provide proof to the Community Development staff that the bandit unit was
in existence prior to November 1, 1988, prior to recording of the deed restriction for the ADU.
APPROVED by the Commission at its regular meeting on January 7, 1997.
Attest:
~hckie Lothian, Deputy City Clerk
Planning and Zoning Commission'
Sara Garton, Chair