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HomeMy WebLinkAboutresolution.apz.009-86RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL AMEND THE USE TABLES TO ALLOW NON-ACCESSORY DWELLING UNITS AS A CONDITIONAL USE FOR DESIGNATED HISTORIC STRUCTURES IN THE COMMERCIAL CORE ZONE DISTRICT Resolution No. 86- 9 WHEREAS, at a meeting held on April 8, 1986 and in responses to a request by a member of the public, the Aspen Planning and Zoning Commission did initiate an amendment to tile Municipal Code of the City of Aspen to allow by right dwelling units in designated historic structures and as conditional uses in all other structures in the Commercial Core Zone District; and WHEREAS, the Aspen Planning and Zoning Commission (hereinafter "Commission") did hold a public hearing on June 17, 1986 to consider the amendment; and WHEREAS, the Commission did make respect to the proposal: 1. the follc~ing findings with Dwelling units presently exist on upper levels of numerous designated historic structures; and they would be brought into conformity through this code amendment. The current limitation to accessory use status for residential uses in the Commercial Core is counter- productive to the goals of increasing vitality and diversity in the Commercial Core. Residential uses are believed to be generally compatible and appropriate in many historic structures of the Commercial Core but should be conditional uses to ensure that the proposed residential conversion is consistent with the objectives and purposes of the zoning code. As an incentive for historic preservation, adding dwelling units as a conditional use for historic structures will provide owners with an additional option for use of upper story space. 5. Short-term residential uses could be sufficiently high- Resolution No. 86-9 Page 1 income producing to displace necessary Commercial Core functions, and should not be allowed as provided in the six-month minimum lease agreement stated in Section 24- 3.7(o) of the Municipal Code. No negative impacts in traffic generation, parking, utilities, fiscal viability, air quality, water quality, and land uses would appear to result from this code amendment. NOW, THEREFORE, BE 1T RESOLVED by the Commission that it does hereby recommend the following actions to Aspen City Council. That Section 24-3.2, Commercial Core Zone District intention, be repealed and re-enacted to read as follows: (new language is in bold, old language is crossed out) "To allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in this central core of the City. a~esse~y s~a~ue. Hotel and princi~l long-term residential uses may ~ appropriate as a ~nditional use, while acces~ry residential uses are ~zmitted. That Section 24-3.2, Commercial Core Zone District Conditional Use table, be amended to add: "(6) Non-accessory dwelling units(s) above street level commercial uses in individually designated historic structures, provided that the unit (s) are restricted to 6-month minimum leases as provided in Section 24- 3.7 (o) (1) ". That Section 24-3.7(o)(1) be repealed and re-enacted to read as follows (new language is in bold): "(1) No multi-family unit within the RMF, O, and C-1 Districts Or multi-family, duplex or single family unit in CC shall be leased for any period of less than six (6) successive months; or, in the alternative, be leased more than twice for short-term periods within Resolution No. 86-9 Page 2 any calendar year (in addition to occupancy by the owner or any lease for a six-month lease term)" APPROVED by 1986. the Commission at its regular meeting on July 2, ASPEN PLANNING AND ZONING COMMISSION ATTEST: Jasmine Tygre, V~ce-Ch~i~person Kathryn K0~, ~i~y Clerk SB .7 22