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HomeMy WebLinkAboutresolution.apz.021-95 RESOLUTION OF THE ASPEN PLANNING ~ ZONING COI~fISSION FOR THE APPROVAL OF CONDITIONAL USE FOR AN ATTACHED ACCESSORY DWELLING UNI ~ STRF~M~GIN REVIEW FOR A SINGLE FAHILY DWELLING UNIT AT THE HOORE RESIDENCE, LOTS i AND 2 AND SOUTH 1/2 OF LOT 3, BLOCK 1, OKLAHOHA FLATS ADDITION Resolution No. 95-~I W~BR~AS, 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 W~EREAS, pursuant to Section 7-504 C., development is required to undergo Stream Margin Review it is within 100 feet from the high water line of the Roaring Fork River; and W~ERBAS, the Planning office received an application from Debra and Gary Moore for Conditional Use review and Stream Margin Review 4,900 square foot single family home and 700 s.f. above grade studio accessory dwelling unit at the proposed residence; and WHEREAS, the proposed unit is 100% above grade, therefore the site is eligible for an FAR bonus pursuant to the definition of Floor Area "Accessory Dwelling Unit", Section 3-101 of the Aspen Land Use Code; and W~EREAS, the Housing Office and the Planning office reviewed the proposal and recommended approval with conditions; and W~BREAS, during a public hearing at a regular meeting on May 2, 1995 the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use review for the accessory dwelling unit and Stream Margin Review for the single family unit with amendments to the conditions recommended by the Planning office. WHEREAS, the subject property also received special review approval for Floor Area Ratio Overlay on April 5, 1995. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to Section 24-3-101 of the Aspen Municipal Code The Moore Conditional Use for a 700 s.f. above grade accessory dwelling unit is approved with the following conditions: 1. Prior to issuance of any building permits the applicant shall: verify the net livable square footage of the ADU and the floor area of the ADU; 1 upon approval of the deed restriction of 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; a schedule as to how long the unit will be used as interim family housing shall be submitted to the Housing office concurrently with the deed restriction for their review; kitchen plans shall be verified by the Housing office to ensure compliance with the specifications for kitchens in ADUs; and a storm water run-off mitigation plan shall be submitted for review by the Engineering Department. 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. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 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. Prior to the issuance of a certificate of occupancy the Planning Department shall inspect the unit to determine compliance with the conditions of approval. Section 2: Pursuant to Section 24-7-504 C. of the Municipal Code, the Planning and Zoning Commission does hereby grant the applicant Stream Margin Review approval with the following conditions of approval: Prior to the issuance of a any building permits, building plans, certified by a registered engineer shall be submitted to the Engineering Department and shall depict the elevation of the lowest floor, including basement, which shall be elevated at least two (2) feet clear between the base flood elevation and the bottom of the first floor and to include other floodplain development design details such as resistance to floatation and movement of foundation, floodproofing of utilities, as provided for in FEMA Ordinances No. 62 (Series of 1985) and 32 (Series of 1987). Prior to the issuance of any building permits, the applicant shall record a dedicated fisherman's easement from the centerline to five feet above high water line, and a copy shall be provided to the Engineering Department. Prior to issuance of any building permits, the applicant shall submit a revised site plan for review by the Planning, Engineering and Parks staff. The revised site plan shall include; a revised building envelope as presented to the Planning and Zoning Commission hearing that reduces the envelope on the river side; tree removal mitigation plan and the riparian zone; and c. a more refined landscape plan. Prior to the issuance of any building permits, a tree removal and mitigation plan shall be submitted for review and approval by the Parks Department. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper. Prior the issuance of any building permits, the applicant shall submit to the Engineering Department an erosion mitigation plan and the Zoning Enforcement officer shall monitor the erosion controls and their effect during the time of excavation and construction. No excavation and construction activity or human made structures may be built or placed outside of the building envelope without further stream margin review. No site drainage shall enter the river and vegetation outside of the building envelope shall be undisturbed to prevent erosion. Excavation shall be done using small equipment to keep all work within the building envelope. Caution tape shall be used to designate the building envelope and will remain until a CO is issued. Prior to issuance of any building permits, the applicant shall submit to the Engineering Department documentation from the Army Corps of Engineers that they have reviewed the proposal. 10. Ail exterior lighting shall be low and downcast with no light(s) directed toward the river or located down the slope. 11. 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 these conditions. APPROVED by the Commission at its regular meeting on February 7, 1995. Attest: Planning and Zoning Commission: ty City ..... ~-: -- Sharon Carrillo, Depu Clerk ~ ..... Kcrr, ~..~ 4