HomeMy WebLinkAboutresolution.apz.002-94RESOLUTION OF THE
STREAM MARGIN AND
ASPEN, COLORADO
ASPEN PLANNING AND ZONING COMMISSION GRANTING
CONDITIONAL USE APPROVAL FOR 113 NEAL AVENUE,
Resolution No. 94- ~
WHEREAS, the applicant, Jeffrey Shoaf, submitted an
application for a stream margin review for the demolition and
reconstruction of a duplex adjacent to the Roaring Fork River and
conditional use review for an attached accessory dwelling unit; and
WHEREAS, pursuant to Section 24-7-504 of the Municipal Code,
development within 100 feet from the high water line of the Roaring
Fork River and its tributary streams, or within the one hundred
year floodplain is required to undergo Stream Margin Review; and
WHEREAS, pursuant to Section 24-7-304 of the Municipal Code,
an accessory dwelling unit is a conditional use review requiring
a public hearing by the Planning and Zoning Commission; and
WHEREAS, the Aspen Planning and Zoning Commission held a
public hearing March 22, 1994; and
WHEREAS, the Commission reviewed the application for a stream
margin review and the construction of an attached, above grade
accessory dwelling unit of approximately 500 square feet; and
WHEREAS, the Planning staff reviewed the application and
recommended approval with amended conditions.
NOW, THEREFORE, BE IT RESOLVED by the Commission that it does
hereby grant stream margin approval and a conditional use approval
with the following conditions:
1. Prior to the issuance of any building permits:
a. the applicant shall, upon approval of the deed restriction by
Resolution No. 94-
Page 2
the Housing Authority, record the deed restriction with the Pitkin
County Clerk and Recorder's Office with proof of recordation to the
Planning Department. The deed restriction shall state that the
accessory unit meets the housing guidelines for such units, meets
the definition of Resident Occupied Unit, and if rented, shall be
rented for periods of six months or longer.
b. the applicant shall submit the following items to be approved
by the Engineering Department:
i. a storm runoff plan prepared by an engineer
registered to practice in the State of Colorado
demonstrating that no additional storm runoff for the
100-year runoff event shall be conveyed to the public
right-of-way by the development;
ii. an erosion control plan that indicates riparian
vegetation, top of the river bank and erosion protection
fencing;
iii. a letter from either the DOW or Army Corps of Engineers
indicating approval of the proposed development near the
riparian zone;
iv. a curb, gutter and sidewalk agreement; and
v. a development plan indicating on-site parking spaces.
c. floor plans of the ADU shall be submitted to APCHA for review
on net liveable calculations and kitchen appliances.
d. the zoning officer shall inspect erosion measures to ensure
they are in place.
e. the applicant shall submit a new roof plan to prevent snow
shedding onto the bridge.
2. 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.
3. The applicant shall agree to join any future
districts which may be formed for the purpose of
improvements in the public right-of-way.
improvement
constructing
Resolution No. 94-
Page 3
4. 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.
5. Prior to the issuance of a certificate of occupancy the
Planning Department shall inspect the unit to determine compliance
with the conditions of approval.
6. The Zoning Enforcement Officer shall periodically inspect the
site to determine compliance with erosion control measures.
APPROVED by the Commission at its regular meeting on March 22,
1994.
ASPEN PL/%NNING AND ZONING COMMISSION
Date Signe4 '-5 A 2-9 ~ ~-
Jan~carne~-bepu~ c~=¥ Clerk
Date Signed ~/~/~