HomeMy WebLinkAboutresolution.apz.014-95RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE
NICHOLS DUPLEXt 125 PARK AVENUE/101 DALE AVENUE (LOT 10 AND 11t
BLOCK 6 RIVERSIDE ADDITION, AND THE SOUTH 1/2 OF DALE AVENUE
ADJACENT TO LOT 10), CITY OF ASPEN
Resolution No. 95-
WHEREAS, pursuant to Section 24-5-510 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 Planning office received an application from
Gary and Lucinda Nichols for a Conditional Use review for a 625
s.f. basement level, one bedroom accessory dwelling unit at their
replacement duplex as mitigation for Ordinance 1 requirements; and
WHEREAS, the proposed unit is not 100% above grade, therefore
the site is not allowed an FAR bonus not to exceed one half of the
area of the accessory dwelling unit pursuant to the definition of
Floor Area "Accessory Dwelling Unit", Section 24-3-101 of the Aspen
Municipal Code; and
WHEREAS, the Housing office,
and the Planning office reviewed
approval with conditions; and
City Engineer,
the proposal
Zoning official,
and recommended
WHEREAS, during a public hearing at a regular meeting on June
6, 1995, the Planning and Zoning Commission approved by a
6-0 vote the Conditional Use review for the Nichols accessory
dwelling unit, amending the conditions recommended by the Planning
Office.
WHEREAS, the Nichols replacement duplex is also being reviewed
by the Overlay Committee for FAR considerations and Neighborhood
Design Guidelines.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Nichols Conditional Use for a 625 s.f. net livable, below-
grade accessory dwelling unit is approved with the following
conditions:
1)
The kitchen area must be expanded to accommodate more storage
and counter space by decreasing either the media area or
bathroom area.
2) The interior entry for the ADU shall be moved from the ADU
bedroom to the ADU living room.
3)
The stairway for the ADU shall comply with applicable setback
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4)
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8)
9)
lO)
11)
12)
requirements.
One parking space shall be dedicated for use by the ADU on
the building permit drawings and any future condominium plats.
Egress needs for the basement bedroom adjacent to the ADU
shall be accommodated by a separate window well.
The owner shall submit the appropriate deed restriction to the
Aspen/Pitkin County Housing office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing office, the Owner shall record the deed restriction
with the Pitkin County Clerk and Recorder's office.
Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning office.
The unit shall comply with the kitchen requirements contained
in the Housing Guidelines. Precise floorplans of the
accessory dwelling unit must be approved by the Housing office
prior to the issuance of a building permit.
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.
The applicant shall consult the City Engineer and Parks
Department and shall obtain permits from the Streets
Department for any work or development including landscaping
within the public right-of-way.
Prior to the issuance of any demolition or building permits,
the applicant must sign a curb and gutter agreement, or
include in their building permit plans the provision to
install a sidewalk during construction. Also, a drainage plan
must be approved by Engineering, the fence encroachment must
be eliminated or licensed, and a trash and recycle area must
be indicated on the building permit site plan prior to
building permit issuance.
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.
13) The applicant shall remove one bathroom sink and replace with
storage or similar accommodation.
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APPROVED by the Commission at its regular meeting on 1995.
Bruce Kerr, Chafr
Attest:
Sharon Carrillo, Deputy City Clerk