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HomeMy WebLinkAboutresolution.apz.002-06 Resolution No. 02 (SERIES OF 2006) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW, RESIDENTIAL DESIGN STANDARD VARIANCES, AND SPECIAL REVIEW TO CONSTRUCT A SINGLE- FAMILY RESIDENCE AND GARAGE/ADU LOCATED AT 575 SNEAKY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-122-05-002 WHEREAS, the Community Development Department received an application from Joe Cosniac, requesting Stream Margin Review approval, Special Review approval, and Variance approval from certain Residential Design Standards for the construction of a single- family residence and garage/ADU located at 575 Sneaky Lane; and, WHEREAS, the Applicant's property is a 33,000 sq. ft. lot located in the R-30 Zone District with a PUD overlay in an Environmentally Sensitive Area as defined by the Land Use Code; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Stream Margin Review Standards, Special Review Standards, and Variance Review Standards; and, WHEREAS, upon review of the application, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Stream Margin Review and one Variance from the Residential Design Standards (building orientation) finding that the review standards for the requests have been met; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the Stream Margin Review request, Variances from two Residential Design Standards - building orientation (Land Use Code Section 26.410.040 A.1.) and Street oriented entrance and principal window (Land Use Code Section 26.410.040 D.1.), and Special Review for a variance from the Accessory Dwelling Unit and Carriage House Design Standards pursuant to L.U.C. Section 26.520.080 D., to construct a single-family residence at 575 Sneaky Lane, by a vote of six to zero (6 - 0), and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. Page 1 of 5 NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a Stream Margin Review request as the request meets the review standards outlined in L.U.C. Section 26.435.040 (C) and two variances from the Residential Design Standards (L.U.C. Section 26.410.040 A.I., Building orientation and Land Use Code Section 26.410.040 D.I., Street oriented entrance and principal window) as the variance requests meet the review criteria outlined in L.U.C. Section 26.410.020. D. The Applicant is also granted Special Review approval for a variance from the Accessory Dwelling Unit and Carriage House Design Standards (L.U.C. Section 26.520.050 5., requiring an ADU to be detached from the primary residence) pursuant to L.U.C. Section 26.520.080 D. These approvals, with conditions, will allow the Applicant construct a single-family residence located at 575 Sneaky Lane as represented at the public hearing held January 3, 2006. Section 2: The Applicant shall submit a detailed plan for erosion control. Plans should detail location of fencing and type of fencing. This fencing, at a minimum, shall consist of bamer fencing at the top of slope. Beyond this barrier fencing shall be silt fencing installed to the City of Aspen standards. Additional erosion control measures may be necessary depending upon the site. Silt fencing shall be installed along the top of slope. The Applicant shall provide a detailed tree protection fencing plan at the time of building permit submittal and have the City of Aspen Parks Department inspect and approve of the erected silt and tree protection fencing prior to commencing construction. There shall be no excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. Additionally, Due to the location of excavation and work around the large cottonwoods located in the front of the structure the parks Department will require specific root protection measures to be used through out the length of the project. The project representative shall meet with the Parks Department to work out these details and show these plans in the building plan set. An approved tree permit is required before approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester for more information 920-5126. Native Restoration is required below the top of slope. This area has been severely degraded. In order to protect the riparian corridor and flood protection the applicant is required to replant and seed the entire stream bank with native vegetation. This restoration component shall be represented on the landscape plans. Page 2 of 5 10. 11. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. When planning for new water line and sewer taps, plan around all tree drip zones and existing vegetation. A. A formal plan indicating the location of the tree protection shall be required in the bldg permit set. B. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. C. There shall be no excavation or disturbance of the native area inside of the protective fence. D. This fence must be inspected by the city forester or his/her designee (920- 5120) before any construction activities are to commence. Due to the location of excavation and work around the large cottonwoods located in the front of the structure the parks Department will require specific root protection measures to be used through out the length of the project. The project representative shall meet with the Parks Department to work out these details and show these plans in the building plan set. Parks is requiring a detailed plan outlining access to and from the construction area. Access plans should detail all vegetation protection measures and construction staging areas. The proposed excavation of the basement requires a 2:1 slope that currently runs through the middle of the two large cottonwood trees located out front of the existing entrance. This would require the two large cottonwood trees to be removed. The current site plans show the trees remaining. If the applicant proceeds with the basement plan the basement size will need to decrease in width as well as specialized excavation techniques will have to be used to protect the integrity of the soils around the roots of the trees. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. A Park Development Impact Fee may be applicable to the proposed development as per Section 26.610 of the Land Use Code. Section 3: The building permit application shall include the following: a. A copy of the final P&Z Resolution. Page 3 of 5 a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Also included in the CMP should be the following topic; erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. A detailed demolition plan is required with attention provided to the debris and storage near the river. The building shall meet the minimum top-of-slope requirement and the forty-five (45) degree progressive height limit as required by Stream Margin Review standards. h. The Zoning Officer shall verify compliance with Floor Area Ratio standards. Section 4: The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if the building is over 5,000 square feet in area. Section 5: The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 6: The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Any glycol heating and snowmelt system must be designed to prohibit any discharge of glycol to any portion of the public and private sanitary sewer system. Page 4 of 5 Section 7: A Colorado licensed engineer shall verify that groundwater will not negatively impact the proposed construction. Section 8: All outdoor lighting shall be downcast and meet the requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 9: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 11: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its meeting on January 3, 2006. APPROVED AS TO FORM: Ci~ Atto~ey ATTEST: PLANNING AND ZONING COMMISSION: J~smine Tygre, Chair / (.~ ja~k~e ~thi~,, Deputy City Cle~ ) Page 5 of 5