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Home My WebLink Aboutresolution.apz.023-97I IIIIII IIIII IIiili IIIII II IIIIIll lllll III IIIII III III 488853 09/26/1997 89:15A RESOLUT! DAVIS S]:LVZ I of 4 R 21.00 D 0.00 N ;).88 PZTK]:NCO COLORI:IDO RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A VARIANCE FROM SECTION 26.58.040(F)(12), RESIDENTIAL DESIGN STANDARDS, VOLUME, AND OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE McLEAN/MARGERUM RESIDENCE LOCATED AT 627 WEST SMUGGLER STREET, LOT 1, OXLEY LOT SPLIT, CITY OF ASPEN Resolution 97- WHEREAS, The Community Development Department received an application from Mr. Chuck McLean and Mrs. Amy Margemm, owners, for a Conditional Use Review for a below-grade Accessory Dwelling Unit having approximately four hundred fifty one (451) square feet; and WHEREAS, the applicants requested approval of a proposed design for a single-family residence on the property located at 627 West Smuggler Street; 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 also 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(F)(12), Volume, of the Aspen Municipal Code; and WHEREAS, Section 26.58.020(B)(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 to the Planning and Zoning Commission pursuant to Chapter 26.22, Design Review Appeal Board; 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 Planning and Zoning Commission 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 August 19, 1997, at which the Commission approVed by a 5-0 vote both the Conditional Use for the McLean/Margerum Residence's I IIIIII IIIII IIIII! IIIII IIII IIIIIII IIIII III IIIII III IIII 4;)8853 89/26/1997 09:15A RESOLUTI DAVIS $ILVI 2 ~( 4 R 21.00 D 0.00 N 0.00 P~TK~NCO COLOR;lDO Accessory Dwelling Unit with the conditions recommended by the Community Development Department and a variance from standard 26.58.040(F)(12), volume, as it relates to all four elevations of the proposed structure; and WHEREAS, the approval of the variance request was based on a finding that the proposed design more effectively addresses the issue or problem the "volume" standard responds to (variance criterion "b"), and the motion approving the variance did not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible," with the exception of the one transom window on the west elevation. NOW, THEREFORE BE IT RESOLVED by the Commission: Section One' A variance from the "volume" standard, Section 26.58.040(F)(12), as it relates to all four proposed elevations of the McLean/Margemm residence is approved based on a finding by the Commission that the proposed design more effectively addressed the issue or problem that the~ "volume" standard responds to. The approved variance does not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible," with the exception of the one transom window on the west elevation. Section Two' The Conditional Use for a below-grade Accessory Dwelling Unit containing approximately 451 square feet attached to the proposed McLean/Margemm residence at 627 West Smuggler Street is approved with the following conditions' 1. Prior to the issuance of any building permits the applicant shall: ao Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; bo 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; Co Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; do Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one-bedroom unit; e, 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; IIIIII IIIII II Ill lilll IIII II IIII IIIII III II II Illi IIII 408853 09/26/~997 09:151:1 RESOLUT! Df:IVY'S S1~LV! 3 =f 4 R 21.00 D 0.00 N 0.00 PITKINCO COL. ORI:IDO go Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way; ho 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; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; 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; k. 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); 1. 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. Payment of the total connection charges shall be made prior to the issuance of a building permit; and, m. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights-of-way and indicate that they will be either relocated onto private property or be removed, or be licensed. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: ao 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 requires a building permit; bo Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, Co The applicant must sign a curb and gutter construction agreement, and pay recording fees (this requirement was a condition of the Oxley Lot Split approval). 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; I Illlll Ilii I.IIII IIIll Ill Illllil llll1111 IIIII Illl IIII 4;)8853 09/26/~997 09:15A RESOLUT! DAVIS SILVI 4 o; 4 R 2~.00 D 0.00 N 0.00 PITKINCO COLOR;lDO · 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. 4. 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. , 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. 6. The existing driveway in the front yard must be removed, and the area must be restored. , 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 August 19, 1997. APPROVED AS TO FORM: David Hoefer, Assistant Attorney Attest: Planning and Zoning Commission' n, Deputy City Clerk Sara Garton, Chairperson