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Resolution No. 15
(SERIES OF 2006)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A SPECIAL REVIEW TO CONSTRUCT A CARRIAGE HOUSE
LOCATED AT 1445 RED BUTTE DRIVE, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel No. 2735-013-30-002
WHEREAS, the Community Development Department received an application from
1445 Red Butte, LLC, requesting Special Review approval for variances from the ADU and
Carriage House Design Standards for the construction of a carriage house to be located at 1445
Red Butte Drive; and,
WHEREAS, the Applicant's property is a 31,755 sq. ft. lot located in the R-30 Zone
District; and,
WHEREAS, the Community Development Department Staff reviewed the application
for compliance with the Special 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 Special
Review for two variances from the Accessory Dwelling Unit and Carriage House Design
Standards pursuant to L.U.C. Section 26.520.080 D., finding that the review standards for the
requests have been met; and,
WHEREAS, the Aspen Plarming 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 Plarming 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 Special
Review request to construct a carriage house at 1445 Red Butte Drive, by a vote of five to zero
(5 - 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.
NOW, THEREFORE BE IT RESOLVED by the Commission:
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 21.00 D 0.00
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Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Plarming and Zoning Commission hereby approves Special Review approval for two variances
from the Accessory Dwelling Unit and Carriage House Design Standards (L.U.C. Section
26.520.050 1., providing a maximum amount of net livable square feet and L.U.C. Section
26.520.050 4., requiring finished floor heights of a carriage house to be entirely above natural or
finished grade) pursuant to L.U.C. Section 26.520.080 D. This approval, with conditions, will
allow the Applicant to construct a carriage house located at 1445 Red Butte Drive as represented
at the public hearing held April 4, 2006. As a condition of approval, the mechanical room as
shown in the application shall only service the carriage house.
F'age: 2 of 4
05/19/2006 01 :561
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 21.00 0 0.00
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Section 2:
1. 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 proj ect.
The project representative shall meet with the Parks Department to work out these
details and show these plans in the building plan set.
2. 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.
3. 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.
4. 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.
5. 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.
Page 2 of5
6. 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.
7. A Park Development Impact Fee may be applicable to the proposed development as
per Section 26.610 ofthe Land Use Code.
Section 3:
The building permit application shall include the following:
a. A copy of the final P&Z Resolution.
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.
c. 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.
d. 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.
e. A fugitive dust control plan to be reviewed and approved by the Enviromnental Health
Department.
f. 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.
g. 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.
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Section 6: J"NICE K vos C"UDILL PITKIN COUNTY CO R 21.00 00.00
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.
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 April 4, 2006.
0./ Df-
PLANNING AND ZONING
COMMISSION:
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APPROVED AS TO FORM:
City Attorney
ATTEST:
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