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HomeMy WebLinkAboutresolution.apz.023-95 RESOLUTION OF THE ~SPEN PL~NN~N~ AND ZONING COI.~ISS~ON FOR THE APPROV~I, OF CONDiTiONAL USE FOR ~' ATTACHED ACCESSORY DNELLIN~ UNiT AT THE H~RSCHF[E~D RES~DENCE~ LOCATED AT 60L W. FRANCIS, F2~ST HALF OF LOT H, ALL OF LOT I, TOWNSITE OF ASPEN Resolution No. 95-~ WHEREAS, 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 WHEREAS, the Planning Office received an application from Mr. and Mrs. Robert Hirschfield for Conditional Use review for an attached, 420 s.f. partially below grade studio accessory dwelling unit at the proposed residence; and WHEREAS, the proposed unit is not 100% above grade, therefore the site is not 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 WHEREAS, the Housing office and the Planning office reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on July 11, 1995 the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use review for the accessory dwelling unit with amendments to the conditions recommended by the Planning office. NOW, THEREFORE BE IT RESOLVED by the Commission: The Hirschfield Conditional Use for a 420 s.f. attached partially below grade accessory dwelling unit is approved with the following conditions: Prior to the issuance of any building permits, the applicant shall: Verify the net livable square footage of the ADU; Upon approval of the deed restriction by the Housing office, the applicant shall 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 accessor.y 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; Co Kitchen plans shall be verified by the Housing office to ensure compliance with specifications for kitchens in 1 9t ADUs; 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 issuance of a certificate of occupancy the Planning Department shall inspect the unit to determine compliance with the conditions of approval. Prior to the issuance of any building permits, the applicant shall: provide a drainage plan to confirm that historic run-off shall be maintained on-site; b. the pedestrian way shall be cleared of all obstructions; the fence shall be relocated or an encroachment license applied for; Ail new surface utility needs and pedestals shall be installed on site. The applicant shall consult city engineering for design considerations for development within the public right- of-way, parks department foe vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department. The main entrance of the ADU shall be relocated to the window/window well area of the south elevation of the ADU to avoid conflicts with autos using the driveway. 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. APPROVED by the Commission at its regular meeting on July 11, 1995. Attest: Sharon Carrillo, Deputy City Clerk Planning and Zoning Commission: