HomeMy WebLinkAboutLanduse Case.ZO.West End Neighborhood.1975-ZO-4
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SONNENSCHEIN CARLIN NATH & ROSENTHAL
69 WEST WASHINGTON STREET
CHICAGO, ILLINOIS 60602
LEO J.CARLIN
BE:RNARO NATH
THOMAS CARLIN
SAMUE:L R. ROSe:NTHAL
CI-IARLE:S D. SATINOVER
JEROME: S. WEISS
FRANK C. BERNARD
ABRAHAM FISHMAN
EOWIN A. ROTHSCHILD
SIDNEY M. PERl.STADT
SHERMAN P. CORWIN
EARL E. POLLOCK
HAROLD O. SHAPIRO
JAMES M. GOF"F
C. HARKER RHODES. JR.
e:OWARD L. LE:MBITZ
PAUL.,J. MILLER
ROee::.RT N. GRANT
JULIUS LEWIS
DONALO G. LUBIN
WAYNE; R. HANNAH, JR.
BERNARD J. NUSSBAUM
SHE:LDON r. FINK
DONALD M. SCHINDI;;L
FREDERIC S. LANE
MARC LEVENSTEIN
DANIEL R. SWETT
RICHARD HARRIS
GERALD J. SHERMAN
OTIS H. HALLEEN
ERROL L. STONE:
ALAN H. SILBERMAN
RICHARD L. E:PSTEIN
TERRY M. SCHLAOE:
THOMAS C. HOMBURGER
(312} 443-5000
MILDRED J. GIESE:
STAN LEY J. AOt::I.MAN
ROBERT M. F'AROUHARSON
....RNOLO B. KANTER
MICHEL J. F'ELDMAN
DUSTIN E. NEUMARK
MAROLD C. MIRSHMAN
ARNOLO H. ORATT
ROGER C. SI$KE
DUANE C. OUAINt
GARY SENNER
LOUIS S. F'REEMAN
CARL L. RUSSO
KENNE:TM H. HOCH
MITCHE:LL L. HOLLINS
ERIC M. SCHILLER
STEVEN W. SWI BEL
GLORIA M. MICHELOTTI
MARIAN S. B....DGER
JE:F'F'REY I. BtNDE:R
TELEX 25-3526
of Counsel
RICH'ARO M. GUDEMAN
EOWARD SONNENSCHEIN (1881-t93S)
HUGO SONNENSCHEIN (IBB3-1956)
DENNIS N. NEWMAN
MIRIAM B. STEINBE:RG
K. BRUCE STICKLER
MARK F'. MEHLMAN
ERIC A. OESTERLE
RALPH I. HUBLEY m
PHILIP A. HABER
ROBERT C.JO"'N50N
F'RUMAN JACOB.SON
LAWRENCE S. BAUMAN
GLADYS N. BRYEFl
LAWFlE:NCE A. MANSON
F'RED E.GLICKMAN
P....TRICK J. ALLEN
JEF'F'REY 5. GREENBEFlGER
PETER M. WElL
LEON Z. "'ELLER
BAFlFlY .... BRAITt,llAN
JACK RICHTER
March 21, 1975
WRITER'S OIRECT OIAL NUMaER
443-5043
Mr. Spencer Schiffer
City of Aspen
P.O. Box V
Aspen, Colorado 81611
Dear Mr. Schiffer:
We represent Mr. Noel M. Seeburg, Jr., who is the
owner of a house at 334 West Hallam Street in Aspen, Colorado.
Mr. Seeburg recently forwarded to us a copy of the proposed
Zoning Code of the City of Aspen. Of particular interest is
Article III, ~ 24-3.7 I entitled Limitations on Leasing:
2. In the R-6, R-15, R-30, R-40 and RR zone
district, no residential unit shall be
let more than twice within any calendar
year, provided nothing herein shall limit
the term of any such lease.
3. Within the R/MF, 0, NC, or N/C/I district,
no unit within a multi-family structure
shall be let for any term less than six (6)
months.
We trust you are aware of the serious constitutional
questions raised by this section of the proposed Zoning Code.
Moreover, there appears to be no statutory provision empowering
the City to impose restraints on alienation, of this nature.
Article 60, ~ 139-60-1 of the Colorado Revised Statutes
grants to each city, among other things, the power ..to regulate
the "use of buildings, structures and land...." Proposed ~
24-3.7 I of the Zoning Code does not regulate the use of
property, but rather restricts its alienability.
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SONNENSCHEIN CARLIN NATH & ROSENTHAL
Mr. Spencer Schiffer
.March 21, 1975
Page 2
We urge that you delete this objectionable provision
from the proposed Zoning Code of the City of Aspen, so as to
avoid what we believe will be a successful challenge to its
validity.
Very truly yours,
SONNENSCHEIN CARLIN NATH
& ROSENTHAL
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By
JMG:sk /
cc: City Attorney
Mayor Stacey Standley
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DR, & MRS, C. MAXWELL-,JOYNER
Post Office Box 317
Aspen, Color<ldo 81611 U.S .A.
March 21, 1975
Aspen City Council
Post Office Box V
Aspen, Color<ldo 81611
Re: M<lrch 24th 7:00 p.m. Meeting
New Zoning Code Revision 24-3,7.
De<lr Sirs:
This letter is to advise you th<lt we feel very strongly th<lt
limit<ltions on leasing should not be included in the zoning
code for the west end. Also, <It this time, we would like to
state that we do not approve of the proposed amendments
regarding accessory buildings and off street p<lrking.
Yours truly,
G . ~~O-IQQQ ~~ ~
Dr. & Mrs, C. Maxwell-Joyner
600 W, Prancis
602 W, Prancis
215 N. Second
CMJ : 1m
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!!llTHE HEAIlHlf SKI COUNTRY, U.8.A.
March 20,1975
Aspen City Council
Post Dffice Box V
Aspen, Colorado 81611
Re: March 24th 7:00 p.m. Meeting
New Zoning Code Revision 24-3,7.
Dear Sirs:
This letter is to advise you that we feel very strongly that
limitations on leasing should not be included in the %oning
code for the west end. Also, at this time, we would like to
state that we do not approve of the proposed amendments
regarding accessory buildings and off street parking.
Yours tr.u~y,
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Mrs, ~. V. N. Jones
215 N. Second
VEJ: 1m
BOH . ASPEN, GOUlRAIJIl 81611 lJ. S.I\.
AREA COllE 303 TElEPHONE 925-1302
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F. GEORGE ROBINSON
240 GAYL.ORD STREET
DENVER, COLORADO 80206
March 17, 1975
The Planning & Zoning Board
City of Aspen
Aspen, Colorado 81611
Dear Board Members:
It has come to my attention that a Hearing is to be
held Monday, March 24, 1975, on a new Zoning Ordinance
Number 111.
I am particularly interested in Section 24-3.7, Sec. I,
entitled "Limitations On Leasing." As I understand it,
this would limit an owner of a residence to leasing his
house more than twice a year.
I built my home at First and Hallam in 1949, and have
used it as a vacation home, in both winter and summer,
ever since. I have four friends who I rent it to, for
a week in the winter, each, and have to these same friends,
for many years. I also give it, for a week, to each of
two different employees who work in my Company. The rest
of the winter, from Thanksgiving until April 15, the
house is nearly always occupied by myself or a member of
my family.
I believe this provision of the new Zoning Ordinance
would hurt Aspen, and would hurt property values all
through the Westend District, with which I am quite
familiar. I cannot see how this restriction would
upgrade the quality, or increase the values of the
property in this area. If passed, I believe this
Section would be attacked through lawsuits, and I
suspect that it might be found illegal and unconstitu-
tional.
I sincerely hope you will choose to reject this specific
Section.
BY~
J
Very truly yours,
FGR: drop
cc: Honorable Stacey Standley, Mayor
'Jt. .~;",J"
"......,
"......,
FRANCIS J. ROGERS
PAUL SAUREL
CHARLES S. MCVEIGH. JR.
GUY G. RUTHERFURD
A. PENNINGTON WHITEHEAD
JOHN E. DUETSCH
WILLIAM A. PRATT
MACDONALD BUDD
PAUL L MEADERS
LEONARD B. BOEHNER
MORRIS 8: M"VEIGH
450 PARK, AVEN U E
NEW YORK, N. Y. 10022
.JOHN .J. MATTHEWS
COUNSEL
LEWIS SPENCER MORRIS
1915-1944
CHARLES S. MCVEIGH
1915-1952
DAVID F. COOKE
MARIE FITZSIMMONS
PAUL J. 0' NEILL, JR.
PETER FRELlNGHUYSEN
CABLE ADDRESS '.PARGET"
TELEPHONE (212) 593-6200
TELEX 12-7687
CALL BACK-PARGET~NYK
March 13, 1975
Mr. Spencer Schiffer, Chairman
Planning and Zoning Commission
Box V
Aspen, Colorado 81611
Dear Mr. Schiffer:
I am writing this letter on behalf of my wife, Louise
Saurel, who owns a house at 117 North Monarch Street in Aspen,
to protest against the proposed zoning restriction on leasing
within the Residential District more often than twice in any
calendar year.
If this provision were to be adopted, it would make this
house completely unusable for most of the year for the purpose
for which it was designed, built and used since 1964 when it was
built.
This would be tantamount to destroying most of the value
as it is totally unsuitable for permanent occupancy either in whole
or part.
The house was originally built by Robert Murri for use by
him and his family as a vacation home for short periods and for
leasing during the balance of the year for varying periods. My
wife purchased the house in 1968 for the same purpose. At Christmas-
time our family has occupied the entire house.
It is the common
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MORRIS & MC;::VEIGH
Mr. Spencer Schiffer
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March 13, 1975
meeting ground for those members of our family who live in the
New York and Washington area and those who live on the West Coast.
A few years ago, at considerable expense we razed an
eyesore of an old out-building and added a wing to the house.
This wing was designed and is suitable solely for the use for
which the main house was designed and built.
The tenants who occupy the house during the ski season
are from allover the United States and are of the highest moral
character and of impeccable deportment. I am certain that they
make substantial purchases from the various merchants in Aspen.
The members of the music faculty and the Aspen Institute
have at various times been tenants in the summer. In recent years,
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the Institute has occupied the entire hous~ during the three summer
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months. It is my firm belief that the ten~nts who occupy the house
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during the ski season would not wish to oC9uPY a condominium and
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would presumably have to look elsewhere sU9h as Vail for a house
to rent for a short term.
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Adoption of the proposed restrict~on would not only result
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in substantial financial loss to property qwners but I am convinced
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in substantial loss of revenue to many of 1he leading merchants in
Aspen. It would also eliminate the substantial sums paid by the
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property owners to Aspenites for cleaning, maintenance, repairs,
etc. on their property.
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MORRIS & M<;:VEIGH
Mr. Spencer Schiffer
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March 13, 1975
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I sincerely hope that this restriction will not be
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adopted.
I am taking the liberty of writing ia similar letter to
Mayor Stacy Standley.
Sinn~aMNt/
PS:gg
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Jalllea.LTuohy
John L.Martin
LAw OFFICBS
TUOHY AND MARTIN
JI.. South: laSalle Sfreet ~Svjte 1815
CHICAGO, ILLINOIS 60603
March 13, 1975
Telepbone
FRanklin 2-8678
Mr. Spencer Scn.iffw. Chaiman
Planning and ZOning Commiuion
Box V
Aspen, Colorado 81611
Dear Mr. Sch.iffer:
We wwe re<:ently advised .by our Rental Agents that Under a
aeWcOde Pr(lJiOsed thwe woulclhe limitations on leaSing within
R..Res.tdential dbtrict$.
As ,Propwty oWnws, we Strongly ob1ect to such Proposed changes
and wish same to be made of record.
We Would contest the constitutionality of Slilme .if sUch Pl'.oPosed
ordinance was, in fact, enacted.
Yours very truly,
TLT:b
ee: Mayor Staoey Standley
BOJl;V
AsPen, Colorado 81611
/,__:UOHY AND~MAR~TIN ,'..
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~es L. 'l\zohy . .'
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I BOURNE...HOUS'B
j89 'SLOANB'STREET
LONDON:SW1X,8QT
Ot-~34 7388
March 13, 1975
Mr, Spencer Schiffer
Cha i rman, P and Z Commi ssi on
Box V
Aspen Colorado 81611
Dear Mr. Schiffer:
As a property owner in Aspen let me say how
much I appreciate your commi.ssion's intelligent
approach to the many prob 1 ems faci ng the town. I
know that at times it must feel like a thankless
task.
I was surprised, I must say, when I became
aware of the particular aspect in your proposed
new zoni ng ordi nance whi ch pertains to the number
of times, etc., that one wou1 d be ab 1e to rent or
lease one's property. I believe in retrospect you
will agree with me that such a ruling would smack
of being un-constitutional and certainly not in
the spirit of free enterprize.
Si"fJIL
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cc Mayor Stacey Standley
EDWIN THORNE
14 WALL STREET
CO 7-0725
~ 12. 1975
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.... SpEm.ceI" 8<lb1.t.f_
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PlA1I!tnit1g and ZolWls CalillI1u1Qa
bV
Aspen.. COlora4o 81611
~. .. 8<lb1.t.f_=
Ass. .tax ~ &lid ~ .of s. lIIOdeat hdU8e en
Bed ._"'1)" I 'lII&8 lUANA_ to ~ 1r1 the ~ .If.ttJl8e
tbat the new .cl~ ~1t1g 4<lde$ ~ 1nclv.ae 1'~
~ ~\I1'lct.1oa$ on l,,"~ng 1'eSldect.1al ~Y..
It fA" to me that .GBe at the .pee.t u3Elta
of As;p$n has "been 1$8 at:thet1on ov.. the J'8lU'$ to
fMfH$lS . 1d.sh to baVe a p1e.ee fC11! a 'It'1at_ '9"aC&'tion
.~ they can en.tCf~-lXl'8l eD1Wl~llt. of the ~
~". at the ....t.. ~l1:lut~to the.ecom:mde
viaWlt,. of the to'lili1. Also. the IIlatIYtalented peoPle
1Ibo .ve t1'a41t1<ma'}" COlle to Aspen dta'~ the St~
~ and. ~. ~.so IlIW1lh for. the ~UI'&l ~il~ll\ljl1t
of the c",,?A'\1,ty __ 'been at ~ ~1.))1.at~
b;y.the poa81.'OWtl. of :P1lllUe\t and. qu1et facll1Uea to
__ m ~ the~ v141ta.
'fa .~~let the t~ of 8VA11,t.Jble
l.Bes 1f1.tb1n the ~1al dt8t1'1eta ~8 tome to
MJIII6UUt an unte.1ll> ~:l8(l1'>tI'l\1~J.en .1~1J't a oe1'ta1n
categGt70f ~. OWl:'1<<PS. and I tIOUJ.d sd.ncel'el1 ~
that the 1IPa1'd ... .. .. 1'eCOnS:U't.e1' tJUs pa.rtieu1ar p:t'OV'i ei t)D.
of tbe ~ code.
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bc: Mayor Stacey Standley v'
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INGO PREMINGER 75 CENTRAL PARK WEST NEW YORK N Y 10023
March 10, 1975
Mr. Spencer Schiffer
Box V
Aspen, Colorado 81611
Dear Sir,
my wife and I own a house at 401
Pearl Court in Aspen ( corner North 3rd Street).
We consider the limitations on leasing within the
R-Residential districts as proposed by the new
city zoning code unfair and discriminatory. Such
restriction denies us our property rights without
due process and violates the equal protection
provisions of our constitution. Why should a
property owner of long standing be subject to
restrictions that did not exist. at the time we
purchased the property, and which restrictions
do not apply equally to all ~operty owners in
Aspen?
We respectfully request that such restrictions
be struck from the proposed zoning code.
Sincerely,
h/,-.(&~
rngo and Kate Preminger
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THE CHIEF OF PROTOCOL
DEPARTMENT OF STATE
WASHINGTON. D.C. 20520
March 10, 1975
Mr. Spencer Schiffer
Chairman
Planning and Zoning Commission
Box V
Aspen, Colorado 81611
Dear Sir:
I read in The Aspen Times of the proposed
changes limiting leasing within the R - Residential
Districts. I consider these proposals to be an
outrageous abridgement of my property rights, and
if they are passed, I will do everything in my power
to see that they are overturned in the courts.
I hope that you will make my views known to
the members of the Commission and that they will not
pass these limitations. Thank you for your
consideration.
Very
o
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Mardi 10, 1975
Mr. S
Plarmtllf
&ox V
Aspei'l, Co lorado 8 I I
I' 5e far, Chal nnan
onlng C_lsslOn
Re: Zon IIlf Chlmses
!>ear Mr.. Schiffer:
, have owned lIlYhomee.t )31t Fr.nch for a nllllliulr of yearS .tld I
am veryalel'l!led at the p~ zoning clump.
Iha...e been a .,.rtfclp"nt and supportar ofa~tfvltl.. such as the
MilS Ie: Astoclete$, Aspen 'nstltvta, AS~ Rackat Chib . maay others. I
lulve loved Aspen, !)lIt I 1u11j'e been able to do so bymalntalnlns lliy hoIm!l and
by defraying S(lllljt of the e>cpensas byrentlllf the f.4I1ftlas. t would not
consldar keeping lIlY !WlIlSe If the proposed zonln, was Changed.
lhellev. a restrIction on tlul r.ntal ofprlvateresldenc.s Is
hl-"IYlll1falr,for .1lOI:Ie of the many people In the uVesll End" evaI' would
IuIve Aloqh.t houses If they ~1I1cf not IuI..... rented ..~wn.n lll1used. Many
Oenverpeopla will *c:lIIl8 Incan.and wHI wlthdt'llW aU 1Il.1.. Sl.llll>>rt for
the ~hy end IMfrect COllSflqlllNlcesto Aspen.traclesl*ll>le, cultural
actIvities. and other ..tIYltlesw'" sUffer. It SOM anung,.ateful l!l8n-
ner to treat many who have contdbuted time andlllOMyto Aspen's clevel~t..
Flnelly, tlul careandr.furbrlshlng of the prIvate homes IuIs been
a beauty to Aspen. Do youbeHew thet: by el!Celudlll9.rentlng that the s_
Improvement of. the west end will COllt'l\lUe'l Hew tho.s. tlult heve Improve"
theIr homes <lnd yardll abused thalrprMled..s In ~ pen twuty yean?
I would say. the Ve.st lndi:t<ls b"'''e/Iltly. Improved ....,..wH I cobtlnve to
fll'lPrcwe Jf the preSent ~r."'p and I'JiIrttal poHC'f 's Gmt( mse4.
J 110.,. .you ..,.,nestly llOn$.l4ertbe above. end do net restrlet the
rental of p~rtl.es'n tM R-6.ft-IS, ....40 and iii/{ dlurlct..
DeW/WI
cc:: Hayor.Stacey Stanclley V'
"'n. Kay Reid
Youn trulv.
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Del/Ide. Wf"",h.. Pre'ldent
Vllhelllt FOGds
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DAVID C. WILHELM
P. O. Sox 16086 . 5590 HIGH STRI,:E:T
DENVER, COLORADO 80216
PHONE:: (:303) 893-1115
March 10, 1975
Mr. Spencer Schiffer, Chairman
Planning and Zoning Commission
Box V
Aspen, Colorado 81611
Re: Zoning Changes
Dear Mr. Schiffer:
I have owned my home at 334 Francis for a number of years and I
am very alarmed at the proposed zoning change.
I have been a participant and supporter of activities such as the
Music Associates, Aspen Institute, Aspen Racket Club and many others. I
have loved Aspen, but I have been able to do so by maintaining my home and
by defraying some of the expenses by renting the facilities. I would not
consider keeping my house if the proposed zoning was changed.
I believe a restriction on the rental of private residences is
highly unfair, for none of the many people in the "West End" ever would
have bought houses if they could not have rented them when unused. Many
Denver people will become incensed and will withdraw all their support for
the community and indirect consequences to Aspen tradespeople, cultural
activities, and other activities will suffer. It seems an ungrateful man-
ner to treat many who have contributed time and money to Aspen's development.
Finally, the care and refurbrishing of the private homes has been
a beauty to Aspen. Do you believe that by excluding renting that the same
improvement of the west end will continue? Have those that have improved
their homes and yards abused their priviledges in the past twenty years?
I would say the West End has been greatly improved and will continue to
improve if the present ownership and rental policy is continued.
I hope you earnestly consider the above, and do not restrict the
rental of properties in the R-6, R-15, k~40 and RR districts.
Yours truly,
DCW/bh
~ . DC>.
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cc: Mayor Stacey Standley
Mrs. Kay Reid
David C. Wilhelm, President
Wi lhelm Foods
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MR. & MRS. T. C. TUPPER
P. O. BOX 1851
434 WEST HALLAM
ASPEN, COLORADO 81611
March 9, 1975
Mr. Spencer Schiffer, Chairman
Planning & Zoning Commission
Box V
Aspen, Colorado 81611
Dear Mr. Schiffer,
The February 20th Aspen Times carries on article on
proposed zoning changes in the residential districts, stating that within
R-6, R-15, R-30, R-40 and RR districts no dwelling unit may be rented
more than twice within a calendar year, while within the R-MF district
no unit may be leased for a term less than six months.
To prohibit short term renting of houses in residential
areas after they have been rented for years would be passing ex post facto
legislation and clearly be illegal. Certainly, it would destroy values in
those areas where owners, like ourselves, rent in order to maintain and
improve their properties year after year.
The six month rentals with which we have been fam-
iliar have been dis'sstrous. Friends of ours have had their house turned
into a shambles and evacuation has been most difficult. The short term
rentals are supervised, the houses checked and kept in tip top condition.
We come to Aspen frequently and are vitally inter-
ested in its welfare. Surely, the desire of its Planning and Zoning
Commission should not be the downgrading of Aspen properties.
we are
Hoping you will withdraw these changes in zoning,
--:?
V~trnrs,
T. ~TUPPtyj~_-
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Gr<l~",J. ~p~. ~
2660 S. Warson Rd.
St. Louis, Me. 63124
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March 8, 1975
St.Louis,Mo.
Mr.Spencer Schiffer
Chairman.Plannin~ and Zonin€ Commission
Box V
Aspen,Colorado 81611
Dear Mr. SChiffer,
It has just come to our attention that the P & Z
Commission plans to limit the renting of homes in our area
to two times a year or for not less than 6 months at a time.
We cannot imagine what benefit for the area the Commission
would acquire by this measure. We would assume that we all want
the area to remain a quiet residental section. When we bought
our house (624 W. Hallam) from Wes Thorpe most of Our neighbors
were Thorpes which we liked, ie old-time residents. We hope to
be permanent residents Soon but for the moment with~ildren settled
in schools it is best that We not move at this time. Until then, shert
term rentin~ permits us te keep up the house,and enables us to
come out frequently to work on the house and yard throughout
the year and keep in tou.h with Aspen and its particular
problems. We do not make a profit but the house supports
itself and actually we keep it in better shape than if we
had it for just our own use I
Until last summer when we reserved the house for ourselves
we have rented to the Same Musician:for the Music Festival for
years. We both speak of it as -our- house. This area is convenient
for the Musicians..and we want to encoura€e and help the Music
Festival..yet this would be considered .short-term-.
We have seen the results of lOn€-term rental. Houses deteriorate
rapidly and often it is very difficult to ~et the tenants out.
We are as interested as anyone 1n keepi~ the residential
quality of this part of town. That is Why.. we chose it. We do
not see how the proposed chan~e wQuld hejl:ip.
Please reconsider
Thank you.
copy to:
Mayor Stacey Standley
Sin~el~. '
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Mrs.James Boyd Ware
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As,en, Colorado
January 7, 1975
Aspen City Council
A.spen, Colorado
Dear Members of the Aspen City Council:
This letter is intended to strongly object to 'the down-zoning
of. our 'lots.
We are.the owners of tl)reeunimproved lots and a residence in
Block 34 on the east side of the City of Aspen. Our residence
is situated upon a 4O-foot by.lOO foot lot specifically described
as Lot L and the west 10 feet of Lot M in Block 34. The address
of our residence is 1006 East Cooper. Ourthreeunl,lIlproved lots
are directly across the alley behind us andt~-t;911 Hyman Street.
Theyare described as, Lots B, C andD in Bloek' 34. ..,
It is' our understanding that all of the above property is DOW
zoned as accommodation and recreation (ARl). It is our further
understanding that your planning department is now propsing to
rezqnetheunimproved lots to residential (R6) and to rezone our
residen(le~ro~erty to residential-multi-fllmily (RMFk We want
you to kl!olf how unjust, unfair, discriminatory and ar91trary these
chal'l,gesare, especially when considered in the light of past cballges
in z?riing to our immediate neighborhood. We, feel that the original
cban~eEl,to .ARl have permanently and substantiallyehaIlged. the
9~llcter of our neighborhood to our detriment an~t()..the detriment
of others who have lived in this neighborl1oOd forY/3ars. Our taxes
have gone up considerably as a result of the original zoning to ARl.
~e ut!cier~1#rdthat y-ou feel economkconsi~era.tiOlls'are not material,
tl1ei~$q~ite, matedal. tons. The prop~ed~oni~,plan says in
etf$ct that the property of long~imeresidents who'have devoted their
full life to the City of Aspelb.:~etii!1\~~~~;,l~t.
We'donot think it is fair to be down-zoned mor,e than the surround-
ing,ne;l.ghj).orhood. As citizens ,of the iJni ted Sta.:tes ,and tax-payers
of' PHkinCounty and the City Of Aspen, we demand equal rights.
Very truly yours, _
-n;~"m ~~
~qn~
Kertneth Maurin
-<< f Molly Maurin
;~ ~~--4 k~~ ~ ~~~ /.2Aj rw:d./~
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HA L.1..1I11' 8
IlE' ''''',6 SKI ""GI APT$.
THREE BL()CK.$ FROM OOWN,()WN ASPEN ,."
TlJO BLOCKS FROM #.L CHA/ R/..I FT AI
ALL AREA .$I<.[ BUSE'S STOP FORTY FEET FROM I.ODOE.
.e~e.ie~ 11, 1'74
As)ea City C....11
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As e ..ar ..1ci..r .t tie ftW.st Aspe. Mt..ft t.yele).
aeat. I .treaCly apprey. et haY1J1.C the least 1.,a.t, ...l.c1eally. iy
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up ti. sid. .t ti. ...ita1J1.. ~e serei1ty .r tie y1.w. et tie aat1ye
......r CD"" cr.1'11ltC r1cit den te tile ...alley tleer. 18 really "wiat
~.peJl. is all ai..tft.
C.rd1elly $
4-.~~
FOR RESERVATIONS: PHONE (303) 9~S-22. fO
I.JRITE .BOX 3038 ASPEN, OOt..O. 81611
r-,
I~;
PHONE (303) 222-3888
ALPINE LAND COMPANY, INC.
555 SEVENTEENTH STREET
DENVER, COLORADO 80202
August 23, 1974
The Chairman
Planning and Zoning Commission
City. of Aspen
Aspen, Colorado 81611
Dear Sir:
This letter is intended to protest the proposed zoning or-
dinance in the City. of Aspen and its amendments to Chapter 24
of the Aspen Municipal Code. I speak as representative of
all the Cottonwoods Condominiums located at 124 West Hyman
Street, Aspen, .Colorado.
Your propos.ed map shows the north side of Hyman Street in
the 100 block as proposed lOdge zoning. We feel that the zoning
should be R/MF. The entire half block is covered wi.th two con-
dominiums namely the Cottonwoods and the Townhouse East. As
R/MF it would be conforming. use though probably. non-conforming
structures. This would at least minimize the non-conformance
of the condominium on that half block. I can see no reason
for the potential penalty. to the owners of the condominiums
by making the use non-conforming. Accordingly, you are respect-
fully reques.ted to change the designation in the proposed zoning
code from "Lodge" to "R/MF".
Your acquiescence to this request will be greatly appreci-
ated.
Copy to Mr. Larry. Dempsey
Villa International Corp.
Aspen, Colorado
Very truly yours,
-;? '/./ /7' !
821/'/7'I?c;f/. ~ /i.
Edwin W. Baker, Jr. ;
;.. .~
.~
'-'.
....
~
ghe
cAgpell
cAgellC~
9I1gU/((lllce P.O. BOX 1360 . ASPEN, COLORADO. PHONE 303/925-7285
August 20, 1974
Aspen Planning and Zoning Commission
Aspen, Colorado
Re: Proposed Rezoning
Lots Q, R, & S Block 92,
Lots 10, 11, 12 Block 19
Gentlemen:
The subject rezoning proposes a change in the d~signation of the
indicated property to office/multi family. I hereby request
that you reconsider this change for the following ~easons:
I The bUilding proposed for this site will actually
have less impact and is of a lower density
occupancy than the proposed rezoning. R.B.H.
Joint Venture, has proposed and planned a pro-
fessional office bUilding of low traffic use
for a limited number of hours per day. The
addition of multi-family occupancy will create
additional and increased building occupants
on a 24 hour basis. We do not believe this is
the intent of the rezoning.
II The designation of family Occupancy in a high
traffic cOmmercial area .is not in the best
interests of the family occupants. I believe
that the location on the State highway and the
Main Street traffic flow is detrimental to the
health and safety of families who may live in
this building as residents.
III The increased Occupancy from multi-family use
will create additional traffic and parking prob-
lems that will not be a factor if the use remains
as presently proposed for professional offices.
.1-:
. ,
,
~.
-
Aspen Planning and
Zoning Commission
2
August 20, 1974
IV This site is on the extreme northeast corner and
within the historic boundary for the central area.
All other sites within this boundary are desig-
nated as CC, a Change to mUlti-family for this
one site does not appear to be in conformity with
the rest of the area.
V All eXisting plans have been approved and accepted
by the Historic COmmitte, as well as all other
boards and'committes, and are designated for the
low density Use as outlined above.
Based on the above, please consider this letter as my formal
request to redesignate the above site to CC or to an office
only designation which will allow the use as presently
proposed and approved.
Yours very truly,
CDB!vlp
cc: City Planning Department
City Council
. TEL. 925.7267
(AREA CODE 303)
,-.,
.-
SITE OF PROPOSED
RESTAURANT 8< NIGHT CLUB
HANS OF ASPEN REALTY
HANS R. GRAMIGER. LICENSED
8ROKER
BOX 67
ASPEN. COLORADO. U.S.A. 81611
Selling & Buying
Agent for,
Homes
BuiidlngS;!"s
Businesses
Motels
Ranches
Speculative
l~nd Values
LOdns
Property
Development
Consultant
App'<lisals
Property
MJt1agement
Tr~de Intermediary
Building
Contracting
Feasibility Studies
Cormspondents
InAIIPrinc;pal
U. S. Cities, Resorts
andin
Foreign Countries
Espanal
Deutsch
Fran~ais
August 20, 1974.
to the:
Aspen Planning & Zoning Commission
Mr. Spencer Schiffer, Chairman
c/o City Council Chambers
Aspen, Colo.
Re: Proposed Rezoning - Amendments to Chapter 24
Aspen Municipal Code.
Gentlemen :
The proposed Rezoning Ordinance with Map as presented on
the Special Public Hearing of August 8, 1974 lacks in
imagination and foresight and will be a detriment to the
orderly growth of Aspen. - It does not provide and incen-
tive for obsolete tourist-accomodation facilities to
upgrade, phase-out and rebuild which would be necessary
if Aspen's image as a quality resort should be preserved.
Nowhere in the proposed rezoning can I find any language
or provision which would lessen Aspen's heavy dependence
on tourism.
The Rezoning Ordinance and the "Summary of Rationale &
Support Materials" clearly indicated to me that the
Planning Department has very fixed ideas what is good
for the City and then dreamed up language to support
its planning philosophy,
A case in point is that the Planning Department advocates
that only uses which are tourist oriented should be con-
centrated in the downtown area and that the immediate
downtown area should be surrounded with tourist-accomo-
dation facilities. At the same time it wants to eliminate
"PrOfessional-Office Buildings'or comlbination- "Professio
nal-OfficejApartment" Buildings from Main Street, Hopkings
Avenue and similar locations.
.1, .
HANS R. GRAMIGER
BOX 67
ASPEN. COLO.. U.S.A.
r-.
r-.
- page two -
TEL. 925.7267
(AREA CODE 303)
to: Aspen P. & Z.
08-20-74
I find that the proposed Zoning Map lists as many as
five (5) different uses within one given Block and I
am very enthusiastic about this because I have for
years maintained that various uses in a given geo-
graphic location may very well be compatible with
each other. (The old-fashioned zoning idea that all
within a given area must be zoned alike seems to leave
us, hopefully for good) .
I find no quarrel with the general idea to further
reduce density requirements and I am not complaining
that the proposed rezoning will affect land values
negatively. As a matter of fact I would even go as
fa~ as to say that real estate values may increase
in many specific instances because of the proposed
rezoning.
My o~jections to the proposed rezoning are at least
as well documented and reasoned-out as the Planning
Department's official philosophy.
It should be a sound planning policy to allow professional
office building? and/or combination of office-buildings
with multi-family dwellings whereever Multi-Family dwellings
would be allowed.
Employee-Housing on premises in the L "Lodge" District
is very discriminatory. Would not a Lodge-Owner give
preference in hiring employees to job-seekers who need
housing. After all the law told him to provide employee
housing on the premises and he therefore may as well use
such housing at a saving in salary to the employee.
Has anybody come up yet with a definition or criteria for
"employeebhousing" within a Ski-Lodge? XShould it be
with kitchens or without it? Should it be of dormitory-type
or of Apartment-type?) How about married employees; how
about employees with children and/or pets???
The proposed rezoning designates very. small parcels "T,"
(Lodges) - would it not be better to zone such small parcels
Multi-Family so that small apartment houses (Triplexes to
Eight-ple2es) can be built there which can be used for
permanent housing of working residents within walking
distance to their jobs in nearby Ski-Lodges and Hotels.
Page 2, Art. II 24-2.1 (B) Non-Cumulative Uses - Determination
by the Zoning Commission. - This is too vague, too arbitary,
too much power and/or responsibility given to the Zoning
Commission/ too much uncertainties, too much burden on devel-
opers and invites litigation.
.1. .
r".
"'"'
HANS R. GRAMIGER
BOX 67
ASPEN, COLO.. U.S.A.
TEL. 925-7267
(AREA CODE 303)
to: Aspen P. & Z.
- page three -
OB-20-74
Page 5, 24-2.7 "Mandatory Economic Studies": such
a provision is a typical "passing the buck" clause
by which a developer has to incurr additional expenses
without assurance that his project will be approved,
if its legal then it still is grossly unfair.
Page 7: item J. "Lodge" and item M. "Motel or Hotel"
does not allow for any type of kitchens within such
a complex. Who says that a guest-unit can not have
some kind of efficiency or pullman-type kitchen or
a wet-bar or. a breakfast counter. - What is all this
big-noise of "upgrading" Aspen's Tourist Accomodations
and then planning and zoning against the trend to give
patrons more and more for their money. wpy should a
LOdge or Hotel or Motel not become cOmpetitive and
be able to offer versatility in accomodations???
Pages 17, IB"cl!F& 20: 24-4.6 "Number of off-street
Parking Spaces required":
Single and Two-Family Dwellings would require one space
per dwelling unit whereas Multi-Family-Dwellings with
three bedrooms would require 2 spaces. - Why differentiate?
Who real~y creates parking problems for the street maintenance
and the utility departments and also for trash removal company?
It is the permanent resident whether he lives in an apartment
or in a sing~e or a two-family dwelling. The permanent resident
has two to three cars per family (his, hers and the jeep)
plus a boat on a trailer and perhaps a camper and a ski-do.
Parking Requirements are still kept at the old inadequate
level, look what the proposed off-street requirements are
for a grocery~store or a Movie-Theater or a Bowling Alley.
On the other hand off-street parking requirements for
Ski-Lodges and/or HotelsjMotels now are proposed to become
stricter again, namely One Space per Limited Dwelling Unit.
This should be carefully investigated and analyzed, because
my research clearly proofs that this is a matter of size.
The heaviest use of Ski Lodges/Motel/Hotel combinations is
still in the winter season but the Ski-Economy has changed
quite a bit in the last few years. Condominiums and Condo-
minium-Hotels are now appealing more to families and smaller
groups of friends whereas the larger Ski Lodges and Hotels
now are literaly taken over by Ski-Clubs and other types of
organized groups who come by charter plane and charter bus~
I know of many large Ski-Lodges which are at a given time
completely full (including closets and laundry rooms:::)
but have at the same given time a zero-demand on off-street
parking, whereas a medium or small LOdge or Motel with only
a 75% occupancy may have already exhausted its off-street
parking space. - I repeat it is a matter of size of a given
tourist accomodation facility on what the off-street parking
./, ,
,.-,
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HANS R. GRAMIGER
BOX 67
ASPEN, COLO.. U.S.A.
- page four -
TEL. 925.7267
(AREA CODE 303)
to: Aspen P. & Z.
08-20-74
requirements should be. I would recommend a formula
depending on number of units.
Wherever R/MF is allowed there should alos be Professional
Office~Buildings allowed; these two uses are very compatible;
there will be better design and mmre versatility in such
a way.
Why dictate that professional-Office buildings shall only
use street-flo0r space and must have Multi-Family units
on the additional floors??
Perhaps an imaginative Office/MF building would be where
the division between the uses not be a horizontal one.
A vertical division between the uses right-angle to the
front-~ot line or perhaps paralell to the front-lot line
may become more feasible on a certain building site.
Why be so rigid? Why not provide some ground floor
residential units for elderly people and why not allow
a real quiet profession (like perhaps architects) the
privilege to follow their occupations away from street-
level noise and other distractions?? - How about
special sites such as corner lots where a vertical di-
vision between uses may be just the right thing to do?
The Aspen Planning Department has no knowledge of economic
factors and the law of supply and demand when it zones
against restaurants and office buildings on Main Street.
Ddes the Planning Department seriously advocate that if
such uses would be allowed on Main Street that the entire
length of Main Street would become either a Restaurant
Rowand/or an Office Corridor????
I think that the contrary would become true, namely that
a beautiful blend of a few offices with apartments would
enhance Main Street and become "happy interruptions"
between some of the existing Lodges and some of the
Victorian Houses that will be preserved.
E~ch District Designation should list the entire criteria
instead of referring to other Districts and/or other pages.
An Attorney, Real Estate Broker, Contractor, Lender, Appraiser,
etc. etc. who has to work with a project within a given
District would certainly prefer to read all within one
District Title instead of referring forth and back. I believe
that anybody who has to work with the Code (inClUding the
Building Inspector) would gladly pay the extra charge caused
by the additional printing costs.
Page lOa) (Area and Bulk Requirements): for R/MF should
be so calculated as to fully divisible into the 6000 sq.ft.
minium lot area. This should be obvious.
,I. .
~\
.~
HANS R. GRAMIGER
BOX 67
ASPEN, COLO., U.S.A.
- page five -
TEL. 925.7267
(AREA CODE 303)
to: Aspen P & Z.
08-20-74
In closing I would like to state that you members of
the Aspen Planning & Zoning Commission have dedicated
much of your time and efforts to the rezoning problem
since Ordinance # 19 was first introduced last year.
The problem, the way I see it is that the Planning
Department and the City Attorney's office have not
enough Public Relations with what is going on in town
and that you members take too much for granted that
these two offices (since they are well trained and
experts in their fields) always know what they are
doing.
I would like to see things turned around again whereby
you members who have more contact with the community
give guide-lines to the Planning Department and that
the Planning Department then puts your ideas in proposals
and drafts that more truly represents your own ideas and
with which the majority of taxpayers can live with.
Very sincerely,
HRG: se
P.S. I may record this entire letter at the Pitkin County
Court House.
TEL. 925-7267
(AREA CODE 303)
.~
~
SITE OF PROPOSED
RESTAURANT 8: NIGHT CLUB
"ON THE ROCKS"
HANS OF ASPEN REALTY
HANS R. GRAMIGER. LICENSED
BROKER
BOX 67
ASPEN. COLORADO. U.S.A. 81611
Sell;l1g& Buying
Agent for:
Homes
Building Sites
Businesses
Motels
Ranches
SpeculMive
land Values
Loans
Property
Devolopment
Consultant
Appraisals
Property
MJnagement
Trade Intermediary
Building
Contracting
Feasibility Studies
Correspondents
InAllPrincipal
U. S. Cities, Resolts
andi"
Foreign Countries
Espanal
Deutsch
Fran<;dis
August 20, 1974.
TO THE:
Aspen Planning & Zoning Commission
c/o Aspen City Council Chambers
Aspen, Colo.
Attention: Mr. Spencer Schiffer, Chairman,
Gentlemen :
Re: Proposed Rezoning as per Special Public
Hearing of August 8, 1974 (continued to
August 15, 1974 at which time and exten-
sion of time was granted for written
objections to August 20, 1974, 05:00 P,M,
I herewith formally object to the proposed rezoning ordinance
and map as it would rezone lots A, B & C, Block 19, City &
Townsite of Aspen from the present A/R-l (Accomodations/
Recreatiozi District which lists under permitted uses "pro-
fessional offices" to a R/MF (Residential/Multi-Family)
District which does not permit professional-office buildings
or combinations of professional-offices with apartments,
My property is located on the South-East Corner of the
intersection of West Main Street and South Seventh Street
which happens to be the routing of Colorado State Higliway
# 82. This corner is to-day without question the noisyest
part of the entire State Highway going through Aspen and
to designate it to strictly residential use is not logical
at all.
I also object to the proposed Section 24-4,4 "Main-Street-
Off-Street-Parking" - Access from alley only, Good archi-
tectural and traffic-engineering may well incorporate access
to off-street parking from South Seventh Street and/or alley
with exit to Main Street or vice versa,
t
.".'"
.v~
JOSIAH G.HOLLAND
STEPHENH.HA!n
JOHN l.J.HART
WILLIAM D.EM8REE,JR,
JAMES l.WHIH:
PATRICK M,WESTF"ELDT
CLAUDE M. MAER,JR.
ROBERT P. DAVISON
JONN ,lEMING KELLY
F"RANK H.MORISON
WilliAM C.MeCLEAFIN
JAY W.TRACEY,JR.
JOHN ALLEN MOORE
BEN E,CHIOlAW
JAMES E.H€GARTY
F"I€LD C, B€NTON
DAVID BU'rLER
J.MICHA€L F"ARLEY
WARR€N L.TOMlINSON
SRUCET.BUELl
DON D. E.:TTER
JAME.:S T. MORAN
~
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HOLLAND & HART
ATTORN EYS AT LAW
HARRY L, HOBSON
KE.:NNETHD.HUBBARD
ROBERT L.VER SCHURE
GORDON G.GR€INER
ROBERT H. OURHAM,JR
WilliAM €.MURANE
l,WllLIAM SCHMIDT,JR.
JAMESP.LINDSAY
EDWIN S.KAHN
SAMUEL P. GUYTON
JOHN S.CASTEllANO
DENNIS M.JACKSDN
R08€RT €. BENSON
DONAlO O.KINONEN
RICHARD '1, KOON
CHARLES T. BRANDT
ROBERT T.CONNERY
HARADON BE:ATTY
ARTHURC.DAILY
JEFFREY C, POND
JOHN UNDEM CARLSON
500 EQUITABl..E: eUIl..DING
730 SEVENTEENTH STFOIEET
OENVEFOI;COl..ORADO 80202
RANDYl.PARCEL MARKR.lEVY
DAVID G. PALMER R. BROOKE JACKSON
JUDITH BONNIE: K02LOFF PAUL T. RUTTUM
MICHAEL D. MARTIN BRITTON WHITE.:, JR.
BRUCE W,.SATTLE.:R WilEY E. MAYNE,JR,
RAUL N. RODRIGUE2 RICHARD T. CASSON
JACK L.SMITH GREGORY A. E:URICH
JOHN D. COOMBE CHRISTOPHER N. SOMMER
EUGENE F, McGUIRE EDWARD M. GilES
llNDELL L.GUMPER ALAN E.BOlES,JR
SOLOMON N. BARON GeRALD W, GRANDEr
THOMAS A. FAULKNER STePHEN L.PEPPER
ROBERTJ. MOIR THERESA W. DORSEY
TEl..EPHONE AREA CODE 303 292-9200
CABl..E ADDRESS HOl..HART, OENVER
MOUNTAIN PLAZA BUILDING
P. Q. BOX 1128, ASPEN, COLORADO 81611
TELEPHONE 925-3476 AREA CODE 303
August 20, 1974
City Planning Commission
City of Aspen
P.O. Box V
Aspen, Colorado 81611
Re: Rezoning Proposal
Ladies and Gentlemen:
In connection with the rezoning and zoning code
amendments initiated by the City Council, I have pre-
viously made some general comments and objections at
your public hearings. In this letter I would like to
voice some additional comments and objections with re-
gard to the pending proposal as it specifically affects
the properties of two of our clients.
are:
The landowners and their respective properties
Curtis C. and Mary Elizabeth Chase
Lots D, E, F, G, H & I, Block 91
.Zone District: Presently C-l; Proposed,
Lodge for Lots D and E, Commercial/Lodge
for Lots F, G, H and I. .
G. E. Buchanan and The Colorado National
Bank, Trustee
The old Riverside Trailer Court property
lying southeasterly of the south end of
Spring Street down to the Roaring Fork
River, consisting of approximately 95,000
square feet. .
Zone District: Presently C-2; Proposed,
R-6 P.U.D.
General Observations
Both of the subject properties are within the
existing commercial zones. A glance at the original
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HOLLAND &HART
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City Planning Commission
August 20, 1974
Page Two
zoning map will reveal that its underlying plan was
to concentrate commercial and retail uses in the core
area, to phase outward to less intensive but similar
uses, including accommodations, in the C-l Oistrict
and finally to add limited industrial uses in the
C-2 District south of Main Street.
The validity of that plan has in the main been
proven by the actual development which has taken place.
The proposed relocation of the Commercial Core District
one block to the west tends to place the Chase property
more to the center of the commercial zone than pre-
viously. This indicates that a preservation of some
commercial uses is warranted on all 6 lots rather than,
as proposed, only on 4 of them. The current proposal
would isolate a minimum bUilding site (2 lots or 6,000
square feet) in the middle of the block restricted
solely to use as a lodge.
In the former C-2 District the Schottland tract re-
tains Neighborhood Commercial and Service Commercial
Industrial zoning; the City land (Rio Grande) retains
all of the options and uses available to Public lands,
while the Buchanan tract alone becomes zoned for resi-
dential uses. Heretofore, in that area the boUndary
between the commercial zone and the residential zone
was the Roaring Fork River. We question the creation
of a limited R-6 enclave on the south side of the river
especially when other lands similarly situated and zoned
retain a variety of uses. The original plan seems to us
more valid than the current proposal in planning for the
present and future needs of the City.
Chase Property - Specific Comments
On behalf of Mr. and Mrs. Chase, we object to the
zoning of Lots D and E as LOdge. These two lots should
be in the same zone district as the remaining 4 lots,
namely Commercial/Lodge. I have previously indicated
to you that our best information on lodge economics is
that at least 100 units are required for an economically
feasible operation. The two lots in question contain
6,000 square feet upon which a single family residence
has been built. If you will look at the 1973 Land Use
Plan you will observe that Rubey Park directly across
the street is planned for a transportation center and
that the proposed transit system circles the Chase pro-
perty. Obviously the days are numbered for the two lots
in question to remain desirable for single family resi-
dence purposes. Applying then the proposed floor area
ratios the result is that a lodge containing 4,500 square
^
,
HOLLAND &HART
,.-,.,
City Planning Commission
August 20, 1974
Page Three
feet is the maximum permissible structure. Of this floor
area only 3,000 square feet could be devoted to guest
rooms and lobby facilities; the remaining 1,500 square
feet could be used only for employee housing. We have
heard that Aspen needs first class lodge facilities and,
in that context, believe that 500 square feet (including
halls and stairs but no other amenities) is the minimum
floor area required for a semi-deluxe lodge room with
private bath. An equal amount of space would have to be
devoted to lobby. This means that only 5 lodge rooms
could be constructed on these two lots. Add the on-site
parking requirements of one space per unit and we are
convinced that a two-lot lodge is economically unfeasible.
We further believe that the transportation activities
planned for this area make it unsuitable for street floor
lodge accommodations and dictate that the street floor
should instead be devoted to COmmercial and retail ac-
tivities.
We request that you recommend the proposed zoning
map be revised to zone these 2 lots in conformity with
the other 4, namely Commercial/Lodge.
Buchanan Property
As previoul'1ly stated we believe that the eXisting
C-2 zoning has validity from a planning standpoint
which the proposed R-6 zoning lacks. This is fairly
apparent from the fact that a wide variety of commer-
cial and public uses are proposed to be retained in
the remainder of the C-2 district. Apart from an
apparently overwhelming desire to cut densities, is it
really sound planning to drop an R-6 district into an
area surrounded by cOmmercial uses where access to and
from the proposed residential enclave is through the
cOmmercial zones. Although it may be debated which
uses, commercial or residential, generate more traffic,
it is at least clear that safety requirements will be
better served if residential districts are further re-
moved from the commercial area.
We do not believe that the Buchanan property is
suited at all for residential purposes. We request that
you recommend the proposed zoning map be revised to zone
this tract for appropriate service commercial and/or
light industrial uses.
JTM: mm
truly,
, ,.
,
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RUSSELL SCOTT, JR., M.D.
P.o. BOX 4257
ASPEN, COLORADO 81611
PRACTICE LIMITED TO UROLOGY
lWID-DELIVER
August 20, 1974
(A/C 303) 925.2018
Mr. Spencer SChiffer, Chairman
Planning and Zoning Commission
City of Aspen
Aspen, CO 81611
Dear Mr. Schiffer;
I own nine lots on the north side of Hopkins between Third and
Fourth Avenue and four lots on the south side of Hopkins between Third
and Fourth Avenue. I am opposed to the proposed rezoning of these lots
to what is basically a residential house for each two lots for the
following reasons:
l. The area was previously zoned for lodges and I
purchased the lots and paid lodge prices for them and
not residential lot prices.
2. The above-mentioned property has on one side the
Boomerang Lodge; on another side it has~the Swiss
Chalet; Within 75 yards of my property there are
two additional lodges, thus not making the area
ideal for residential construction.
3. To change zoning in this manner constitutes "spot
zoning" and is unfair to a landowner who has paid
lodge land prices in an area zoned for lodges and
surrounded by lodges,
It is Illy hope that the above facts can be taken into consideration
in developing a zoning program for Aspen which entails a much more long_term
approach.
Si~b~
Russell Scott, Jr., M.D.
--
,-,
Aspen, Planning & Zoning Commission
Aspen, Colorado
Box 2102
aspen, COlo. 81611
tugust 20, 1974
I strongly urge that the Oklahou~ Flats area be down-zoned to
straight single family dwellings. By "area" ,-r-refer to a 11 the land
between the holy Cross buildings and Neal Street and from the Roaring
Fork to Gibson Street.
Any further duplexes, triplexes Or PUD's will be disastrous to those
of us living within the above mentionedboundries. The original densities
given xx by the developers never are a true picture, in that whoever rents
the apartments always brings in more people to help pay the high rental cOsts.
These extra sub-renters invariably own cars. The two duPlexes now in Oklahoma
Flats sometimes have as many as twenty cars parked arOund them causing an
impossible traffic situation besides being an eye-sore.
The PUD units being planned witl bring te!rible traffic conditions to
Gibson Street at the entrance to Smuggler Trailer Court and the single
family dwellings on Gibson will be adversely affected b.y it.
The b~oader tax base for the cow~unity brought by condos and PUD's
has long since proven to be a myth, as the expense and headaches they
cause to all concerned far exceed the;lt extra taxes. tnother myth is
low cOst housing for working people, as the Silver King disaster has
proven to be.
Oklahoma Flats is the last country-like, unspoiled area in the city
limits of .ASpen. -'.;e do not want increased traffic (pede$trian or auto).
Lets save this one last area frcmurban blif:ht.
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~ncerely,
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. Drummond Mansfield jJ
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August 19, 1974
Aspen City Council,
Box V, Aspen,
Colorado.
Ladies and Gentlemen,
I wish to express my opposition to the
latest proposal for another "parking survey", for underground
parking under Aspen's streets.
Besides the unknowns, there are other important aspects to this
proposal. It would assuredly result in stimulating development
in the commercial core. It would concentrate a large number of
vehicles in one place. It would apparently not be self supporting.
Since the current efforts a:t"e towards reducing density, development,
congestion and preserving the view of the mountain, I suggest
considering an alternate plan.
Two years ago, Fritz Benedict prepared a plan, basicly to
acquire enough vacant land around the commercial core to make up
for the loss of parking created by the malls. Unfortunately, at
that time, the grandiose schemes surrounding the old Rio Grande
property prevented a careful analysis of this plan. The plan
would have accomplished three major objectives, all of which are
in line with present thinking.
It would provide enough parking to offset the loss due to the
malls.
It would prevent the overdevelopment of the downtown commercial
zone.
It would most effectively preserve the view of the mountain.
It would prevent the concentration of large numbers of vehicles
in one place.
Looking back, when the City of As~en was faced with the
construction of a large building on Rubey Park, the Council took
its case to the voters - result - a beautiful landscaped parking
lot conveniently located. Hany Rubey.Parks could be developed
under the Benedict plan, all within a block or two of the
commercial zone.
As an example, I note that the Gaevernitz property, just west
of the Crystal Palace ,is for sale to the City. rrake a look at
this property, more cars park on it, although it is privately
owned, day and night, than pa:t"k on the old Rio Grande property.
The reason? It is a block from the Hyman Street Mall. This
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half alack could be developed into another. landscaped lot, ~~d
would be heavily used.
It is time that we recognized the obvious, unless cars are
completely excluded from downtown, they will be parked as close
as poss.tble to the i=ediate destination. If we 'Nant to protect
the downtown area from full forty feet high development, if we
want to protect the view of the mou-lltain, there is no better way
than to acquire as muoh open land as possible. It might be
possible, if there is a surplus in the open space fund, to use
some of this money for acquiring land dedicated to open space.
Now that the approaches to the City are protected, we should
look to the protection of the dm-mtown area. I suggest that you
give Pri tzBenedict~s pla.~ careful sj;udy before embarking on
another survey,
respectfully yours,
-1.A&~~ W~
Francis \'lhi taker
Cof~'
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--
.--,
STEFAN AND ILSE SENONER
BOX 2678
ASPEN, COLORADO 81611
To the Aspen Planing and Zoning Commission
Aspen, Colorado
Re.: Down zoning.
Dear Sir:
1) The ne1'T QOH'D zoning recommanda tions for II Lodges tI near Aspen l/,oun tain
is tota11y uneconomioal under present land and construction costs.
With crowded restaurants - particularly during oreakfast and dinner
hours - many tour-ists, especially f'li th child::cen, :prefer to have their
mea_LS at home - IllB-ny for convenience 01' because they just can not afford
to go out every day.
On the other' hand, no eating IJlace can be sup:ported a limited number
of guests staying in a small ox' medium size lodge. To su:rvi vo it would have
';;';l"ou1(: cc"use traf'fio and :parking pr'oblems.
to depend to a certain extend On business from the outside. This in turn
2) Aspen is totally surrounded by public land which belongs to every citizen
of the United Staates anu tbe maintenabce costs are also shared by all the
Taxpayers of the land" 1:J.1he:eefore; is it not high time to listen to the needs
of OUr tourists ~{ho are carrying the main buJ.k of .l.6..spens high 7% 3a1es Tax-
1'1i thout it, our city officials couJd. never pay for their granci ideas...
3) As AH-I Property owners - and heavy tax payers _ we strongly oppose the re-
strictive zoning for I'ILodges~' For the convenience of our winter c~nd summer
guests and for times of crises the only wa~y to warrant any investment is
a combination of apartment - hotel type operation ( the demand of the
future) - be it studios or small one bedroom hoteJ style accommodations.
4) As a hardworking family with our Jife savings invested in a piece of land
on #1 lift, we do not wish to see Our dreams destroyed.
Thanks for youX' kind consideration,
L
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