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HomeMy WebLinkAboutresolution.apz.011-97RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR TWO ACCESSORY DWELLING UNITS ON LOTS ONE AND TWO OF THE KASTELIC SUBDIVISION/PUD LOCATED AT 570 (LOT 1) AND 580 (LOT 2) SOUTH RIVERSIDE DRIVE, CITY OF ASPEN Resolution 97- II WHEREAS, The Community Development Department received an application from WinWin LLC, as represented by Mr. William B. Campbell, for a Conditional Use Review for two above-grade Accessory Dwelling Units, with the ADU on Lot One having approximately 584 square feet and the ADU on Lot Two having 604 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, pursuant to Section 26.58.020(B) of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Residential Design Standards of Section 26.58.040 of the Aspen Municipal Code and found the submitted development application to be inconsistent with the Standard'26.58.040(A)(3), of the Aspen Municipal Code, which is the standard that requires that garages on residential structures be set back ten (10) feet further from the street that is the rest of the front facade; and WHEREAS, Section 26.58.020(B)(1) and (2) of the Aspen Municipal Code provides that if-an application is found by staff to be inconsistent with any item of the Residential Design Guidelines, the applicant may either amend the application or appeal staff s findings pursuant to Chapter 26.22; and WHEREAS all applications for appeal from the Residential Design Standards of Section 26.58.040 must meet one of the following statements in order for the Design Review Appeal Committee or other decision making administrative body to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints, and . WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting of the Planning and Zoning Commission on May 20, 1997, at which the · Commission approved by a 4-0 vote both, (1) the Conditional Use application for the two Accessory Dwelling Units with the conditio.ns recommended by the Community I Illlll IIIII IIIIII IIIll III!11 IIII Illll III IIIII Illl Illl 407096 08/07/1997 03:24P RESOLUTI: DI~V]:S S]:LV! I o; 5 R 26.00 D 0.00 N 0.00 P]:TK]:NCO COL ORI:iDO Development Department, and (2) the. requested variance from Standard 26.58.040(A)(3), of the Aspen Municipal Code, finding that the project, as proposed, more effectively addresses the issue or prOblem the given standard responds to. NOW, THEREFORE BE IT RESOLVED by the Commission: Section One: That the conditional use request for the proposed Accessory Dwelling Units at 570 (Lot 1) and 580 (Lot 2) South Riverside Drive (Parcel I.D. No. 2737-181-00-019) be approved subject to the following conditions: o All conditions placed on the subject property with the approval of the Stream Margin Review, as stipulated in Planning and Zoning Commission Resolution 97- 2, remain as conditions of this approval, including the requirement of placing silt fencing along the back (western) edge of the "no build zone," with no excavation or placement of fill to occur west of the fencing/edge of the "no build zone." 2. Prior to the issuance of any building permits the applicant shall: a) Verify with the Housing Office that the allowable floor area of each Accessory Dwelling Unit contains between 300 and 700 square feet; b) Verify with the Housing Office that each 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) For each ADU, prOvide the Housing Office with signed and recorded Deed Restrictions, copies of which must be obtained from the Housing Office. These deed restrictions shall meet the housing authority's guidelines for resident occupied units, and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his/her choosing in the ADU; however, if the owners do not rent the ADUs, the Housing Department will not take the initiative of finding a qualified renter to occupy the units; d) Clearly identify each Accessory Dwelling Unit (ADU) on building permit plans as separate one-bedroom units complying with the 1994 UBC Sound Transmission Control guidelines; e) Provide a minimum of one off-street parking space for each ADU 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. The building permit drawings must indicate all utility meter locations, and these locations must be accessible for reading and cannot be obstructed by trash storage; I Illlll IIIII Illlll Illll Illll lillll I]lll Iii Iilll lilt Illl 407096 08/07/~997 03:24P RESOLUT! Di~VIS SILV! 2 of 5 R 26.00 D 0.00 N 0.00 PITKINCO COLORI:iDO 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) The site development must meet the requirement of runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24"x36") and a report, both signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan. The plan must demonstrate that no drainage will be conveyed to the river bank; i) Obtain the Fire Marshal's approval of the site plan, including provision of adequate access, road grades, and turn-around for fire protection apparatus; J) File an application with the Parks Department for tree removal and tree relocation permits; k) The applicant must file a fireplace/woodstove permit with the Environmental Health Department. Buildings may have two (2) gas log fireplaces or two (2) certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New homes are not permitted to have wood burning fireplaces, nor may any heating device use coal as fuel; 1) A fugitive dust control plan must be submitted to and approved by the Environmental Health Department. The plan must, as a minimum, address fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance; and, m) Prior to the issuance of any building permits, a review of any proposed. changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, and if the Community Development Director deems it necessary, the Planning and Zoning Commission. 3. 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 Asper~itkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that require§ a building permit; b) Permit Community Development Department and Engineering staff to insPect the property to determine compliance with the conditions of approval; and, c) Schedule and complete an inspection of the units by the Housing Office. 4. The applicant shall consult with City departments regarding the following: I IIIIII IIIII II III Illll Illll I IIII IIIII III IIIII IIII Illl 4;)7;)96 08/07/~997 03:24P RESOLUT! DI:IVIS SILV! 3 o( 5 R 26.;)8 D 0.00 N 0.00 PITKINCO COLOR;lDO a) City Engineering for approval of the proposed design of improvements, including landscaping, within public rights-of-way; b) Fire Department for provision of adequate turn-around, access road grades, and sprinklering needs. c) Parks Department for tree removal, tree relocation, landscaping, and selection of vegetative species; and, d) City Streets Department for mailboxes and street cuts; and, shall obtain permits for any work or development, including landscaping, within public rights-of-way. 5..Due to slope density reduction calculations, only a single-family home plus an accessory dwelling unit or building, is/will be permitted on each lot pursuant to both the Municipal Code for single-family homes in the R-15 zone district and the PUD Subdivision Agreement (recorded with the Pitkin County Clerk in Book 738, pages 75-77). o As requested, the off-street parking space for the ADU on Lot One will be permitted to extend beyond the southerly limits of the building envelope. o Prior to issuance of permits for the demolition of any structure(s) on Lot 1 or 2, asbestos testing/reports shall be completed by the applicant and approved by the Aspen/Pitkin Environmental Health Department. If there is any present, it will have to be removed properly, without getting into the air, and it must be taken to a landfill that accepts asbestos. o Unless a legal declaration of surface water rights from the ditch crossing the Kastelic Subdivision~UD lots can be produced, use of water from the ditch will not be permitted. However, this development cannot preclude delivery of water from the ditch to surrounding properties holding rights to the surface water. Development on both of the Kastelic Subdivision/PUD lots must comply with all City of Aspen Municipal water and Sanitation District requirements. . Upon redevelopment of Lot 1 or Lot 2, by the demolition and replacement of the existing residential dwelling on such lot, the developer of such lot shall upgrade all utilities on such lot and locate them underground as required on such lot. 10. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. 11. All trees that will be preserved, as indicated on the plans, must have construction or snow fencing placed around the perimeter of the drip line of the trees and no excavation or placement of fill shall occur within the dripline of any such tree. 12. All relocated trees must survive a minimum of two (2) years after transplanting; any transplanted trees that do not survive for a minimum of two (2) years after I IIIII IIIII IIIIII Illil Illll IIIII IIIII III IIIII IIII IIII 407098 08/0T/~ggT 03:24P RESOLUT! DI:IVZS SZI. VZ 4 of 5 R 26.00 D 0,00 N 0.00 PXTKXNCO COLORADO transplanting will need be .replaced in a manner acceptable to the City of Aspen Parks Department. 13. 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. Section Two' A variance from Residential Design Standard 26.58.040(A)(3) for Lot Two of the Kasteli© Subdivision/PUD is hereby granted, finding that the proposed design more effectively addresses the issue or problem that the given standard responds to than would a design that incorporated a front-loaded garage set back ten (10) feet further from the street than is the rest of the house. APPROVED by the Commission at its regular meeting on May 20, 1997. APPROVED AS TO FORM: Attest: Planning and Zoning Commission: , kie Lothian, Deputy City Clerk Sara~arton, Chairperson I IIIIII IIIII IIIIII IIIII IIIII IIIIII IIIII III IIIII IIII IIII 407096 88/07/1997 03:24P RESOLUT! DAVIS SILVI 5 of 5 R 26.88 D 0.00 N gl.SS PITKINCO COLORRDO r, ,i~i:,~':~ ~i"".~-?'~:, i../i ....... ~ :'~