HomeMy WebLinkAboutresolution.apz.016-97 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT AT THE LOEWENSTERN RESIDENCE LOCATED AT 910
GIBSON AVENUE (PARCEL B, SMUGGLER MOBILE HOME PARK),
CITY OF ASPEN
Resolution 97- ]~
WHEREAS, The Community Development Department received an application
from Mr. George Draper on behalf of Ms. Carol Loewenstem for a Conditional Use
Review for an above-grade Accessory Dwelling Unit that would be located above a new,
detached two-car garage and would contain approximately five-hundred seventy-six (576)
square feet of floor area; 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, Zoning
Officer and Community Development Department reviewed, the proposal and
recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on July 15, 1997, the
Planning and Zoning Commission approved by a 6-0 vote the Conditional Use for the
Loewenstem Accessory Dwelling Unit with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the conditional use request for the proposed detached Accessory Dwelling Unit
above a two-car garage at 910 Gibson Avenue in the City of Aspen be approved with the
following conditions:
1. Prior to the issuance of any building' permits the applicant shall'
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Verify with the HOusing Office that the allowable floor area of the Accessory Dwelling
Unit contains between 300 and 700 square feet;
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;
Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office;
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Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a
separate one-bedroom unit;
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Provide a minimum of one off-street parking space for the ADU that shall be shown on
the final plans;
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;
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Locate any additional proposed construction in such a way that it does not encroach into
an existing utility easement or public right-of-way;
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Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights-of-way; the agreement shall be
executed and recorded concurrently upon approval of this application;
Submit working drawings to verify all height, setback, and floor area calculations
(including documentation of existing floor area), as well as lot size and lot area
calculations;
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Provide written documentation verifying that permission to complete the off-site
reconfiguration of the driveway has been obtained from the adjacent/affected property
owner(s) to the west/southwest, or obtain an adequate easement;
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The site development must meet the 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" x 36") and report, both signed and stamped by an
engineer registered in the State of Colorado;
In the event required, a tree removal permit must be obtained from the Parks Department
for any trees that are to be removed or relocated; also, no excavation can occur within
the dripline of the tree(s) to be preserved and no storage of fill material can occur within
this/these dripline(s); and,
m. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; a separate service line and tap will be required for the accessory dwelling unit.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
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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 Aspen/Pitkin 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;
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Permit Community Development Department, Engineering Department and Housing
Office staff to inspect the property to determine compliance with the conditions of
approval;
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Install landscaping, rocks/boulders,' or split rail fencing to prevent parking from
occurring in the Gibson Avenue right-of-way, and improve and maintain the right-of-
way along the property's frontage;
d.
As established by City.Code, the maximum permissible width of a driveway within the
right-of-way is eighteen (18) feet. The curb cut and curb and gutter must be
reconstructed to provide an eighteen (18) foot wide curb cut. Also, the City Code
requires that the driveway be paved from the street to the property line, and this will
have to be completed prior to the issuance of a certificate of occupancy for the accessory
dwelling unit; and,
Enter into a sidewalk agreement,' which would include agreement to construct curb and
gutter, with the City of Aspen.
3. In the event required, the applicant must receive approval from:
· The City Engineer for design of improvements, including landscaping, within
public rights-of-way;
· The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
· The Streets Department for mailboxes and street cuts; and,
· The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights-of-way.
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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.
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The applicant shall provide a roof overhang or other sufficient means of preventing
snow from falling on both the stairway leading to the door and the area in front of the
door to the ADU.
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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 July 15, 1997.
APPROVED AS TO FORM'
Assistant City Attorney
Attest:
ckie Lothian, Deputy City Clerk
Planning and Zoning Commission:
Jasmine Tygre, Acting Chairperson