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HomeMy WebLinkAboutresolution.apz.004-94 RESOLUT't'ON OF THE AHPEN PL~NN't'NG AND ZONTNG COMMZSSZON GRAHT'I'NG /~ GROWTH MANAGEMENT QUOTA HYBTEM EXEMPT'tON TO THE EUROPEAN FLOWER MARKET FOR AN ADDTT'rON OF APPROXTMATELY 380 S~.FTo OF NET LF,~SABLE SP,%OE ~T 220 N. M~IN STREET (BLOCK 51, LOT O /%ND E. 1/Z OF LOT N) Resolution No. 94-~ wHEREA~, Frank La Gioia and Lynda Mariani, represented by Glenn Rappaport, submitted an application for a commercial Growth Management exemption in order to redevelop the flower market building in the Office zone district; and NHERE~, the 4~500 sq.ft, parcel is a non-conforming lot of record in the Office zone district and therefore permitted only to have a single family residence. The addition of net leasable square footage is considered an expansion of the existing flower market non-conforming use and was therefore subject to a Board of Adjustment variance; and WHERe, the Board of Adjustment granted a variance for this property on March 24, 1994 pursuant to Sections 24-9-102 and 24- 9-106 of the Aspen Municipal Code to permit the expansion of the commercial space on this property; and NHEREA~, in order for the applicant to comply with the affordable housing mitigation requirements of GMQS Exemption, the applicant will fully deed restrict the existing free market apartment in the building; and WHERe, the Planning Commission considered the applicant's request at a public meeting on April 5, 1994 and has found that the applicant's request 'complies with the GMQS Exemption criteria of Section 24-8-104(B)(1)(a) for an increase of less than 500 sq.ft. of net leasable space, and approved the applicant's request with conditions by a 5-0 Vote. NOW, THEREFORE BE IT RESOLVED by the Commission: That it hereby grants GMQS Exemption for an increase of approximately 380 sq.ft, of net leasable area for the European Flower Market subject to the following conditions: The owner shall submit appropriate deed restrictions and floor plans to calculate net leasable square footage to the Aspen/Pitkin County Housing Authority for approval. The affordable dwelling unit shall be deed restricted to Category 1 income and occupancy requirements. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitki~ County Clerk and Recorder's office. Resolution #9 - Paga 2 Prior to issuance of any building permits, a copy of the recorded deed restriction for the affordable dwelling unit must be forwarded to the Planning Office. As recommended bythe City Engineer the applicant shall comply with the following: The applicant shall indicate the parking configuration, trash & recycle area, and utilities on the building permit plans. The existing curb cut shall be removed and replaced with new curb and gutter at the time of redevelopment. The portion of the sidewalk which is in disrepair shall also be replaced at this time. Ce The applicant shall provide a concrete pad for the dumpster with a curb to prevent the dumpster from contact with the utility transformer. The applicant shall apply for an encroachment license with the Engineering Department or relocate the fence onto private property. The building plans shall include a drainage plan that meets the approval of the City Engineer. fe The applicant shall consult City Engineering (920-5080) for design~considerations of development within public rights-os-way, Parks Department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights- of-way from City Streets Department (920-5130). The applicant shall demonstrate compliance with Section 24- 9-102(G) (1) of the Aspen Municipal Code regarding demolition and reconstruction of a non-conforming use to the Zoning Enforcement Officer, prior to the issuance of any building permits. All 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. The applicant is required to join any public improvement district for this immediate area, if one is ever formed. APPROVED by the Commission at its regular meeting on April 5, Resolution #9 - Page 3 1994. Attest: an ~arno~, Deputy city rose. apz. gmqs. eurpooan~m Planning and 2oning Commission: W. Bruoe Kerr, Chair