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HomeMy WebLinkAboutresolution.apz.011-91 RESOLuTiON OF 'l'lt~. ASP~q PLANNING AND ZONING COMMISSION FOR 'l'H~ APPROVAL OF 8040 GREENLINE REVIEW, CONDITIONAL USE FOR ACCESSORY DW~-~.T.ING UNITS, AND RECOMMENDATION FOR APPROVAL OF SUBDMSION AND FINAL PUD DEVelOPMENT PLAN FOR '£H~ 1001 UTE AVEH u ~. PROJECT Resolution No. 91-11 WH~F_~, Peter Conventry submitted an application for 8040 Greenline review, Conditional Use for Accessory Dwelling Units, Subdivision, Final PUD Development Plan, and Subdivision Exemption for a Lot Split for the parcel located at 1001 Ute Avenue, a metes and bounds parcel which is a portion of the 1001 mining claim; and WU/9~EAS, the Engineering Department, Environmental Health Department, Sanitation District, Fire Marshal, Pitkin County Planning, and the City Attorney reviewed the application and forwarded referral comments to the Planning office; and Wu~, the Planning Office reviewed the referral comments and forwarded to the Commission a recommendation for approval with conditions; and WHEREAS, The Planning and Zoning Commission met on April 2, 1991 at a noticed public hearing and having considered the Planning Office's recommendation and referral comments, voted 7-0 to approve 8040 Greenline review and Conditional Use pursuant to Sections 7-503 and 5-508 of the Aspen Land Use Code with conditions; and WHK~EAS, with the same 7-0 vote the Planning and Zoning Commission also recommended to City Council approval of Subdivision and Final PUD Development Plan with conditions pursuant to the standards in Division 9 and 10 of the Aspen Land Use Code. NOW, THEREFORE BE IT RESOL%q~D that the Commission approves 8040 Greenline review for 1001 Ute Avenue with the following conditions: 1) The grading plan must be changed so that any grade alterations must be completely contained within the property lines of this parcel. 2) When this property is connected to the City's water system, any water rights associated with this property shall be conveyed to the City. 3) Calculations for the drywell must be submitted to the Engineering Department. 4) Construction techniques for rockfall mitigation suggested by Nick Lampiris must be approved and inspected by staff. Positive drainage should be done at the rear of the homes during or shortly after construction. 5) Prior to issuance of any building permits, further study by an avalanche specialist is required in addition to Mr. Lampiris's information. 6) Recommendations by Chen-Northern concerning construction impacts on the slopes, drainage, erosion control, and retaining walls must be followed and inspected during construction. 7) The mine waste/tailings must be capped with 2-3' of clean soil fill. ALSO BE IT RESOLvF~ that the Commission approves Conditional Use for an accessory dwelling unit on each of the two proposed residential lots with the following conditions: 1) Each accessory dwelling unit shall contain not less than 300 and not more than 700 square feet of net livable area and be located within or attached to a principal residence. It shall meet the housing designee's guidelines for such units, is required to be deed restricted by Owner, to meet the definition of a Resident Occupied Unit and be rented for period of six months or longer. The Owner of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. Occupancy of the accessory dwelling unit is not mandatory. The tenant shall meet the definition of a working resident and is qualified by the Aspen/Pitkin County Housing Authority prior to occupancy. For purpose of this provision, a unit shall be considered rented if it is occupied pursuant to a lease or rental agreement which requires a payment by the tenant of more than a nominal amount of rent. 2) Prior to issuance of any building permits for construction of each residence, the applicant shall provide a deed restriction to the Housing Authority for approval. The restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office. 3) A copy of the recorded deed restrictions must be forwarded to the Planning Office. ALSO BE IT RESOLVED that the Commission forwards a recommendation to City Council for approval of Subdivision and Final PUD Development Plan approval. 2 APPRO~lf.U by the Commission 8, 1991. Jan C~ney, Dep%t~; ci~ Clerk at its regular meeting on April Plar~l,i~g ,~d ~in~ Commission: Wel~on AndeS; Chairman jtkvj/ute1001.reso 3 RESOLUTION OF '£~ ASPEN PLANNING AND ZONING COMMISSION FOR '£~i~ APPROVAL OF 8040 G~KK~r.TNE REVIEW, CONDITIONAL USE FOR ACCESSORY DW~L?.~NG UNITS, AND RECOM~ENDATION FOR APPROVAL OF SUBDiviSION AND FINA~ PUD DEVELOPI~ENT PLAN FOR 'l'H~ 1001 UTE AVENU~ PROJECT (DRA_-~) Resolution No. 91-~I WHKW~F~S, Peter Conventry submitted an application for 8040 Greenline review, Conditional Use for Accessory Dwelling Units, Subdivision, Final PUD Development Plan, and Subdivision Exemption for a Lot Split for the parcel located at 1001 Ute Avenue, a metes and bounds parcel which is a portion of the 1001 mining claim; and WHK~EAS, the Engineering Department, Environmental Health Department, Sanitation District, Fire Marshal, Pitkin County Planning, and the City Attorney reviewed the application and forwarded referral comments to the Planning office; and WHK~EAS, the Planning Office reviewed the referral comments and forwarded to the Commission a recommendation for approval with conditions; and W-K~EAS, The Planning and Zoning Commission met on April 2, 1991 at a noticed public hearing and having considered the Planning Office's recommendation and referral comments, voted 7-0 to approve 8040 Greenline review and Conditional Use pursuant to Sections 7-503 and 5-508 of the Aspen Land Use Code with conditions; and WH~W~%S, with the same 7-0 vote the Planning and Zoning Commission also recommended to City Council approval of Subdivision and Final PUD Development Plan with conditions pursuant to the standards in Division 9 and 10 of the Aspen Land Use Code. NOW, T~W, EFORE BE IT RESOLYKL; that the 8040 Greenline review for 1001 Ute Avenue conditions: commission approves with the following 1) The grading plan must be changed so that any grade alterations must be completely contained within the property lines of this parcel. 2) When this property is connected to the City's water system, any water rights associated with this property shall be conveyed to the City. 3) Calculations for the drywell must be submitted to the Engineering Department. 4) Construction techniques for rockfall mitigation suggested by Nick Lampiris must be approved and inspected by staff. Positive drainage should be done at the rear of the homes 2) 3) during or shortly after construction. 5) Prior to issuance of any building permits, further study by an avalanche specialist is required in addition to Mr. Lampiris,s information. 6) Recommendations by Chen-Northern concerning construction impacts on the slopes, drainage, erosion control, and retaining walls must be followed and inspected during construction. 7) The mine waste/tailings must be capped with 2-3' of clean soil fill. ALSO BE IT RESOLVF2~ that the Commission approves Conditional Use for an accessory dwelling unit on each of the two proposed residential lots with the following conditions: 1) Each accessory dwelling unit shall contain not less than 300 and not more than 700 square feet of net livable area and be located within or attached to a principal residence. It shall meet the housing designee,s guidelines for such units, is required to be deed restricted by Owner, to meet the definition of a Resident Occupied Unit and be rented for period of six months or longer. The Owner of the principal residence shall have the right to place a qualified employee or employees of his or her 'choosing in the accessory dwelling unit. Occupancy of the accessory dwelling unit is not mandatory. The ~enant shall meet the definition o~ = working resident and is qualified by the Aspen/Pit~ Co~t~ Housing Authority prior to occupancy. For purpose of this provision, a unit shall be considered rented if it is occupied pursuant to a lease or rental agreement which requires a payment by the tenant of more than a nominal amount of rent. Prior to issuance of any building permits for construction of each residence, the applicant shall provide a deed restriction to the Housing Authority for approval. The restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office. A copy of the recorded deed restrictions must be forwarded to the Planning Office. ATtO BE IT RESOLVED that the Commission forwards a recommendation to City Council for approval of Subdivision and Final PUD Development Plan approval. 2 APP~Ovlf, u by the Commission 8, 1991. Attest: at its regular meeting on April Planning and Zoning Commission: Jan Carney, Deputy city Clerk Welton Anderson, Chairman jtkvj/utel001.reso