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Home My WebLink Aboutresolution.apz.023-93RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR ANACCESSORY DWELLING UNIT AT THE BRUCE C. BERGER PROPERTY, 312 GILLESPIE (EASTERLY TRACT, C.F. MURPHY SUBDIVISION EXCEPTION PLAT) Resolution No. 93-~~ WHEREAS, pursuant to Section 5-510 of the Aspen Land Use Regulations 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 Planning Office received an application from Bruce C. Berger for a Conditional Use review for a 397 s.f. net livable basement level accessory dwelling unit within his proposed residence; and WHEREAS, the proposed unit is not 100% above grade, the site is not allowed an FAR bonus pursuant to the definition of Floor Area "Accessory Dwelling Unit", Section 3-101 of the Aspen Land Use Code; and WHEREAS, the Housing Office, City Engineer, Parks Department, Zoning and the Planning Office reviewed 'the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on October 19, 1993 the Planning and Zoning Commission approved by a 3-1 vote the Conditional Use review for the Bruce C. Berger accessory dwelling unit with the conditions recommended by the Planning Office. NOW, THEREFORE BE IT RESOLVED by the Commission- that the Bruce C. Berger Conditional Use for a 397 s.f. net livable, below-grade accessory dwelling unit is approved with the following conditions' 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for'approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restrictions for the accessory dwelling unit must be forwarded to the Planning Office. 3. The ADU shall be clearly identified as 'a separate dwelling unit on Building Permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 4. The building permit site plan shall indicate a trash storage area on the premises. 5. Parking space number 3 shown on the October 12, 1993 revised site plan shall be maintained in a usable condition at all~ times. 6. Ail material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on October 19, 1993. Clerk P 1 ann i n ~w~~ Z on i nW .~omm Bruce Kerr, Chaf~ ission: