HomeMy WebLinkAboutresolution.apz.025-95RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR P=NACCESSORY DWELLING UNIT AT THE
CONGDON RESIDENCE, 202 NEST FR&NCIS STREET (LOTS R ~ S, BLOCK
CITY AND TOWNSITE OF ASPEN
Resolution No.
WHERE~S, 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
Thomas and Noel Congdon for a Conditional Use review for a 300 s.f.
above grade accessory dwelling unit at his residence; and
WHERE~S, the proposed unit is 100% above grade, therefore
the site is allowed 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, city Engineer, and the Planning
office reviewed the proposal and recommended approval with
conditions; and
WHEREAS, during a public hearing at a regular meeting on
January 3, 1995, the Planning and Zoning Commission approved by a
7-0 vote the Conditional Use review for the above grade existing
accessory dwelling unit amending the conditions recommended by the
Planning office.
NOW, THEREFORE BE IT RESOLVED by the commission:
That the Conditional Use for a 300 s.f. net livable, above grade
accessory dwelling unit is approved with the following conditions:
1. Prior to issuance of any building permits the applicant shall:
a. verify the net livable square footage of the ADU;
b. 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 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; and
c. kitchen plans shall be verified by the Housing office to
ensure compliance with specifications for kitchens in
ADUs.
d. the applicant shall provide the Engineering Department
with an executed curb and gutter improvement agreement
with recording fees.
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 issuance of any building permits, the applicant shall
demonstrate that historic runoff is maintained on the site.
Final development plans must indicate a trash and recycling
area, which must be located outside of the public right-of-
way.
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.
APPROVED by the Commission at its regular meeting on January 3,
1995.
Attest: . Planning~ng ~~
Sharon Carrillo, Deputy City Clerk , ' .