HomeMy WebLinkAboutresolution.apz.004-95RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING
CONDITIONAL USE APPROVAL FOR 801 EAST HYMANAVENUE, ASPEN, COLORADO
Resolution No.
WHEREAS, the applicant, John Elmore, submitted an application
for a conditional use review for an attached accessory dwelling
unit; 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 January 3, 1995; and
WHEREAS, the Commission reviewed the application for the
construction of an attached, below grade accessory dwelling unit
of approximately 450 square feet; and
WHEREAS, the Planning staff reviewed the application and
recommended approval with conditions of the conditional use review;
and
WHEREAS, at the Commission meeting, the applicant's
representative, Stan Mathis, indicated that the location of the
proposed accessory dwelling unit was going to be shifted from the
southeast corner of the home to the northeast corner of the home
in order to provide a greater degree of natural light and air for
the below grade unit; and
WHEREAS, the Commission voted to approve the conditional use
with amended conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the Commission that it does
hereby grant a conditional use approval with the following
Resolution No. ~-~
Page 2
conditions:
1. Prior to the issuance of any building permits the applicant
shall:
a. verify the net liveable square footage of the ADU;
b. verify that the ADU meets the UBC requirements for natural
light/air/ventilation for a dwelling unit;
c. upon approval of the deed restriction by the Housing Office,
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;
d. kitchen plans shall be verified by the Housing Office to ensure
compliance with specifications for kitchens in ADUs;
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
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. Prior to the issuance of any building permits the applicant
shall submit a new floor plan showing the new location of the ADU
with an east elevation of the residence.
Resolution No. ~-~
Page 3
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APPROVED by the Commission at its regular meeting on January
3, 1995.
ATTEST:
arney, -Deputy city Clerk
ASPEN PLANNING AND ZONING COMMISSION
Bruce Kerr, Chairperson