HomeMy WebLinkAboutresolution.apz.003-97 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT AT THE NATHAN RESIDENCE LOCATED AT 309 WEST
HALLAM STREET, LOT 1, CHARLIE AND WINSTON SUBDIVISION,
CITY OF ASPEN
Resolution 97-3
WHEREAS, The Community Development Department received an application
from Mr. and Mrs. James Nathan, owners, for a Conditional Use Review for a partially
below-grade studio Accessory Dwelling Unit having approximately five hundred ninety
eight (598) square feet; 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 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 March 4, 1997, the
Planning and Zoning Commission approved by a 5-1 vote the Conditional Use for the
Nathan Accessory Dwelling Unit with the conditions recommended by the Community
Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for a partially below-grade, studio Accessory Dwelling Unit
containing approximately 598 square feet attached-to the proposed Nathan residence at
309 West Hallam Street is approved with the following conditions:
o
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 between 300 and 700' square feet;
b) Verify with the Housing Office that the Accessory Dwelling Unit 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, a
copy of 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 complying with the 1994 UBC Sound
Transmission Control guidelines;
e) Provide a minimum of one off-street parking space for the Accessory
Dwelling Unit that shall be shown on the final plans;
f) .Install any new surface utilities requiring a pedestal or other above ground
equipment on an easement provided by the property owner and not within the
public rights-of-way;
g) Locate any additional proposed construction in such a way that it does not
encroach into an existing utility easement or public right-of-way;
h) 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; recording fees shall be
paid prior to final building inspection;
i) Submit a current Improvement Survey to the Engineering Department;
j) Show all proposed trash containment areas on development plans;
k). Submit a plat meeting the requirements of the Municipal Code;
1) Obtain tree removal permits from the Parks Department for any tree with a
six-inch (6) or greater diameter which is intended to be removed or relOcated.
Submit for tree removal permits at least two (2) weeks prior to submitting for
building permit; and,
m) Submit a drainage mitigation plan, including an erosion and sediment
control and contaminant plan, signed and stamped by an engineer registered in
the State of Colorado. Site development must meet the runoff design
standards of Section 26.88.040(C)(4)(f) 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 AspenfPitkin County
Data Processing Department in accordance with City GIS requirements, if and
when, any exterior renovation or remodeling of the property occurs that
requires a building permit; and
ge
,
Se
o
o
o
,
b) Permit Community Development Department, Engineering DePartment
and Housing Office staff to inspect the property to determine compliance with
the conditions of approval.
c) Obtain the authorization/sign-off of Housing Department staff.
The applicant shall consult with City departments regarding the following:
a)
The 'applicant must receive approval from City Engineering for design of
improvements, including landscaping, within public rights-of-way;
b)
The applicant must receive approval from the Parks Department for tree
removal, landscaping, and selection of vegetative species;
c)
The applicant must receive approval from the City Streets Department for
mailboxes, street and alley cuts; and, shall obtain permits for any work or
development, including landscaping, within public rights-of-way. Approval
of building permit plans does not constitute approval of design or work in the
public right-of-way.
Any street cutting for utility connections shall be paved with no less than four-
inch (4) thick hot mix asphalt followed by a slurry seal to preserve the existing
pavement condition and the finished surface.
Development shall meet current driveway requirements.
Pedestrian space must be retained along the street rights-of-way and must contain
a five (5) foot wide pedestrian usable space (not a concrete sidewalk) with a five
(5) foot buffer space to the curb; the first seventeen (17) feet from the back of the
curb will be public right-of-way and shall not be obstructed.
Any trees which are to be retained must be protected prior to any demolition,
grading, excavation or material storage by the placement of barricade fences
around the driplines of the trees.
Applicant is required to provide snow stops and gUtters on the portion(s) of the
roof that will overhang the walkway to the Accessory Dwelling Unit.
Prior to the issuance of any building permits, a review of any proposed minor
changes from the approvals, as set forth herein, shall be made by the Planning and
Engineering Departments, or referred back to the Planning and Zoning
Commission.
10.
The applicant is required to include a foot path/walkway connecting the provided
off-street parking space at the rear of the lot with the entryway/access to the
Accessory Dwelling Unit.
11.
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 shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
APPROVED by the Commission at its regular meeting on March 4, 1997.
Attest'
Planning and Zoning Commission:
f~cie Lothian, Deputy City Clerk
Sara Garton, Chairperson