HomeMy WebLinkAboutresolution.apz.026-95 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF CONDITIONAL USE FOR AN ATTACHED
ACCESSORY DWELLING UNIT AT THE MARKALUNAS RESIDENCEt LOTS 11, 12 and 13
HALLAMeS ADDITIONt CITY AND TOWNSITE OF ASPEN
Resolution No. 95-~/~
WHEREAS, pursuant to Section 24-5-510 of the Aspen Muncipal
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
Romona and Jim Markalunas for Conditional Use review of an above-
grade 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
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
the conditions recommended by the Planning office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
The Markulunas Conditional Use for an accessory dwelling unit is
approved with the following conditions:
1. Prior to the issuance of any building permits the applicant
shall:
a.) Verify the net liveable square footage of the ADU and the
floor area for floor area bonus purposes;
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 with 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
1
c.) Kitchen plans shall be verified by the Housing office to
ensure compliance with specifications for kitchens in
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, a new site plan
indicating additional parking shall be provided and a drainage
plan that confirms historic runoff shall be maintained on-
site.
All new surface utility needs and pedestals must be installed
on site.
The applicant shall consult city engineering for design
considerations for development within public rights-of-way,
parks department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights-of-way from city streets department.
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.
A trash and recycling area must be included on the building
permit drawings.
APPROVED by the Commission at its regular meeting on July 11, 1995.
Attest:
Planning and Zoning Commission:
Sharon Carrillo,
Deputy City Clerk
2