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HomeMy WebLinkAboutresolution.apz.024-97RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION . FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT ON LOT TWO OF THE OXLEY LOT SPLIT, WEST SMUGGLER STREET, CITY OF ASPEN Resolution 97- t:'~¢ WHEREAS, The Community Development Department received an application from Mr. Charlie M. Kaplan of Peter Gluck and Partners, on behalf of the Aspen GK L.L.C., owners, for a Conditional Use Review of a below-grade Accessory Dwelling Unit having approximately four hundred forty one (441) 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, and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting of the Planning and Zoning Commission on September 16, 1997, at which the Commission approved by a 7-0 vote the Conditional Use for the Aspen GK L.L.C. Residence's Accessory Dwelling Unit with the conditions recommended by the Community Development Department as amended. NOW, THEREFORE BE IT RESOLVED by the Commission: The Conditional Use for a below-grade AccesSory Dwelling.Unit containing approximately 441 square feet attached to the proposed Aspen GK L.L.C. residence on Lot Two of the Oxley Lot Split is approved-with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: al 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; C, d, Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be Obtained from the Housing Office; Clearly identify the Accessory Dwelling Unit (ADu) on building permit plans as a separate one-bedroom unit; Provide a minimum of one off-street parking space for the ADU that shall be shown on the final plans; 1 IIII!1 lllll IIIIII 11111 i.ll-I'IIl l ll l il-II I '11' ii1 1i' i111 IIII 459585 10/17/1997 03:09P RESOLUT! DI:IVI$ 1 et* 3R 16.00 D 0.00 N 0.00 P]:TK]:NCO COLORI:iDO 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 fights-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; ho Agree to join any furore 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, as well as lot size and lot area calculations; jo. 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 tree(s) that is/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); A tap permit must be completed at the office Of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; m. If the building is found to contain 5,000 square feet or more of living area, approval and installation of an automatic fire suppression system will be required; · n. Verify that the proposed plans for the ADU will comply with UBC requirements for natural light and sound attenuation between units; o. 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; and, po Submit a "Site Improvement Survey" including topography and vegetation showing the current status of the parcel certified (wet signed and stamped, dated within the past twelve (12) months) by a registered land surveyor, licensed in the State of Colorado. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall' ae 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~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; 409585 ~10/'17/1997 03: 09P RESOLUT! DI:IVIS $ILV! 2 ~t~ 3 R 16.0~ D 0.00 N 0.00 PITKINCO COLOR'lDO bo Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, 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; 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 Departm. ent 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; sufficient means of preventing icing of the stairway, such as installation of metal grated steps with air space below, is also required. . , The applicant shall provide/install a vapor barrier in the floor between the garage and the accessory dwelling unit. · 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 September 16, 1997. APPROVED AS TO FORM: · ,' ssistanl Cit~A~omey Attest: ff/Jackie Lothian, Deputy City Clerk Planning and Zoning Commission: Sara Garton, Chairperson IIIitl IIIII IIIIII IIIII III IIIIIII IIIIII III IIIII IIII IIII 409585 !8/17/1997 03:09P RESOLUTI: DI:tVI$ SlLV! 3 .~' 3 R 16.88 D 8.88 N 8.88 PI TKINCO COL. ORi:IDO RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT ON LOT TWO OF THE OXLEY LOT SPLIT, WEST SMUGGLER STREET, CITY OF ASPEN Resolution 97-~4 WHEREAS, The Community Development Department received an application from Mr. Charlie M. Kaplan of Peter Gluck and Partners, on behalf of the Aspen GK L.L.C., owners, for a Conditional Use Review of a below-grade Accessory Dwelling Unit having approximately four hundred forty one (441) 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, and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting of the Planning and Zoning Commission on September 16, 1997, at which the Commission approved by a 7-0 vote the Conditional Use for the Aspen GK L.L.C. Residence's Accessory Dwelling Unit with the conditions recommended by the Community Development Department as amended. NOW, THEREFORE BE IT RESOLVED by the Commission: The Conditional Use for a below-grade Accessory Dwelling Unit containing approximately 441 square feet attached to the proposed Aspen GK L.L.C. residence on Lot Two of the Oxley Lot Split 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; 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; eo 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; 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; 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 tree(s) that is/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; payment of the total connection charges shall be made prior to the issuance of a building permit; m. If the building is found to contain 5,000 square feet or more of living area, approval and installation of an automatic fire suppression system will be required; n. Verify that the proposed plans for the ADU will comply with UBC requirements for natural light and sound attenuation between units; Oo 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; and, p. Submit a "Site Improvement Survey" including topography and vegetation showing the current status of the parcel certified (wet signed and stamped, dated within the past twelve (12) months) by a registered land surveyor, licensed in the State of Colorado. 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 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; bo Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, 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; · 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 from of the door to the ADU; sufficient means of preventing icing of the stairway, such as installation of metal grated steps with air space below, is also required. . The applicant shall provide/install a vapor barrier in the floor between the garage and the accessory dwelling unit. . 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 September 16, 1997. APPROVED AS TO FORM' David Hoefer, Assistant C Attorney Attest: ~ian, Deputy City Clerk Planning and Zoning Commission: Sara Garton, Chairperson