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HomeMy WebLinkAboutLand Use Case.CU.230 E Hopkins Ave.52-78MOUNTAIN FORGE BUILDING 0 0 - z�'2,,� f / 1 14 � � f�lruck . ✓LLa� ��ruuc(i` 0 :1 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Karen Smith, Planning Office RE: Conditional Use Application - Mountain Forge Building DATE: April 28, 1978 This is an application for a conditional use for a shop craft industry in the 0-Office District. Specifically, the application requests permission to locate and construct a second story on the building now known as The Mountain Forge and housing Francis Whitaker's blacksmith shop. The second story would be used for the stained glass studio of Michael Ohnmacht which fits the definition of shop craft industry. The second story is also intended to house a small apartment in which Mr. Ohnmacht would live. The location of the building is next to the Quadrant Book Store on Hopkins Street. Section 24-3.2 of the Zoning Code provides that shop craft industries will be a conditional use in the O-Office District subject to the following conditions: 1. That they will be considered only for structures which have received historic designation. 2. For no more than two such conditional uses in each structure not including within such limitation accessory dwelling uses recognized as moderate income housing by an approved housing plan. 3. Only when off-street parking is provided with alley access for those conditional uses along Main Street. The third condition does not apply in this case because it is not a Main Street location. If this use is approved, then there will be two shop craft industries in the same building along with an employee housing unit which is not included in the limitation on two conditional uses within a structure. The condition that the applicant receive a historic designation prior to applying for the conditional use has been met by virtue of the fact that Mr. Whitaker received a use variance from the Board of Adjustment on March 23. Mr. Whitaker argued before that Board that since his structure was not of historic merit as advised by the Planning Office and Building Inspector, he could not receive historic designation, and that, therefore, the application of this provision of the Code was discriminatory. As you will recall, that list of conditional uses in the O-Off ice District was primarily intended to provide some economic uses for historic structures on Main Street and therefore to promote their preservation. The Planning Office supported the variance request on the grounds that it was not necessarily the intent to preclude those same kinds of uses in other parts of the District in structures that were were not of historic merit. Given that the matter may now be considered for conditional use approval, the Planning and Zoning Commission must determine whether the use is compatible with the objectives and other uses of the O-Office District and compatible with adjacent land uses. Aspen Planning & Zoning Commission April 28, 1978 Page 2 r2he stated intent of the O-Office District is to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of formerly residential uses that now are adjacent to commercial and business areas and along Main Street and other high volume thoroughfares. Adjacent land uses include an historic residential house at the corner of Hopkins and Monarch Street. To the west is located the Quadrant Book Store in a small victorian building and three other victorian-style houses on the same block. Across the street is located a small park. The property is located very close to the commercial core district which begins at Monarch Street. To determine the compatibility of this use with the objec- tives of the district and with adjacent land uses, we will describe some of the details of the proposal. The addition will consist of some 1,215 square feet of enclosed space plus 150 square feet of uncovered deck space. 315 square feet of the second floor fwill be designated for use relative to the making of stained glass leaving 900 square feet to be devoted to a two -bedroom, two bath apartment. Michael Ohnmacht will, for the most time, be the only person working in the studio area. Occasionally one employee will assist in the work. The stained glass studio is said to attract at a maximum only one or two persons per day during peak winter and summer tourist seasons with virtually no one visiting the studio during the off-season periods. The lower number of visitors is due to the nature of the work as it is pri- marily custom order work. Regular hours for the shop will be 9-5, Monday through Friday. The application states that the type of work does not require large shipments of goods or materials. Copland, Hagman, Yaw as the architects are preparing the floor plans and design of the building and plans will be available for your Tuesday meeting. The existing one-story building is simple in design and the addition it is stated will be similar. The Planning Office recommends approval of the conditional use application. Since the use will not generate a great deal of congestion, we believe it will be compatible with the surrounding residential uses and, furthermore, constitute a good transition between the commercial core and neighboring residential areas. There is, of course, another craftsman on the site and the use there is generally recognized as one well integrated with its neighbors. Beyond that, the proposal represents the ideal employee housing situation. Mr. Ohnmacht will be housed at the same site as his shop, and his shop will be located in close proximity to the center of commercial activity in the town. KS:mc Tlarch 24, 1978 Aspen Planning and Zoning Commission, 136 South Galena St., Aspen, Colorado. Ladies and Gentlemen, Re: Conditional use, Lot R. Block 74. Yesterday the Board of adjustments granted a variance from the requirement that a conditional use- shop craft industry- may be considered only for structures that have received "Iiistcric Designation" in the 110" Zone. I wish to apply for approval by the Commission for a shop craft occupation in a proposed second story on the existing Mountain Forge Building. The second story will be desiF,7ted to provide both living and working space for Michael Ohnmacht, a recognized artist in stained glass. It will be substantially as shown on the attached plans with the addition of a front flight of entrance steps In my opinion, this will provide an excellent use in a buffer zone between coi=ercial and residential. It will be residential primarily, with a larFre studio -living room facing Hopkins :street. This use is a quiet artistic one, with few customers for work custom designed. It will not be a traffic generator, nor require large shipments of goods or material. It would allow a recognized artist to live and work on the same premises, minimizing the use of the occupants automobile. It would be in keeping with other . similar craftsmen in the same zone and block. Mr. Ohnmacht has prepared a statement, and a portfolio of pis work, which is hereby included in this application. I will be away from Aspen on a national blacksmith lecture and demonstration tour from April 10 to May 14, 1978. If it is possible to process this application in my absence, it would be greatly appreciated, so that building may proceed this summer. Mr. Ohnmacht will be available for any meetings required. I will be glad to answer any staff question in advance, Respectfully yours, Francis dhitaker 1265 ;lest Bunny Court, Aspen, Colorado, 81611. RECORD OF PROCEEDINGS 100 Leaves ,nr w C. I. HOECKEI e. s. 6 L. CO. _ Regular Meeting Board of Adjustment March 23, 1978 The Aspen Board of Adjustment held a regular meeting on March 23, 1978, at 4:00 PM, in the City Council Char,bers. Members present were Remo Lavagnino, Gil Colestock, Fred Smith, Josephine ?lann-and.Charles Paterson. Also present were City Attorney, Dorothy luttall and John Stanford of the Planning Office. • Approval of Minutes Mann moved to approve the minutes of February 16, 1978, as presented, Colestock seconded. All in favor, inotion approved. Case No. 73-2, Colestock read the application. Application is made Francis Tilhitaker for a building permit to build an addition to an exist- ing building for use as a shop craft industry. The • existing building is in the "0" Office District. Shop craft industry is a conditional use in the office district and must be approved by the Planning and Zoning Cor,-snis- . sion. Approval, however, cannot be given by the. Planning and Zoning Commission since conditional uses shall-onl-v be considered for structures that have received histor- ic designation. Lavagnino asked Whitaker if he would like to table this case to find out if historic designation is possible since there is an historic structure on the property. t-]hitaker said that he understood that the building in which the.conditional use will be conducted must be the historic structure. Ile.di(- not believe that he could obtain historic designation_ for his structure which is adjacent to the historic structure. Lavagnino said it was the legal opinion o� City Attorney, Dorothy 'Nuttall, that parcels of land could be considered for historic designation if a historic structure is on the land. This was also John Stanford's opinion. Smith felt it was an opinion from a legal person, not a legal opinion. Whitaker said it was :Ieyring's opini-on that it could not be designated historic. He felt it discriminatory for the code to permit historically designated structures to have conditional uses in the O-zone and not other structures. Smith said he felt Whitaker should go for a use variance. Lavagnino said they have to look at the ordinance and those ambiguous areas should be clarified by the City Attorney who had given her legal opinion. riann said she wanted to hear from Whitaker what approach he wants to pursue. Whitaker said he did not feel historic desig- nation or a use variance was the proper course to take. He felt the ordinance language was discriminatory and a hardship. He felt his operation is a good transition between the commnercihl core and the residential district. Smith noted that the district was set up to protect the old structures, although it does discriminate against the newer structures. The Board discussed the possibility of -obtaining historic: designation on this property. They also discussed the possibility of granting a use variance. khitaker asked if the uniqueness of the case could justify granting the variance. Lavagnino said that a hardship must first be proven and ti.at u'iquen.ess ana other such reasons were "subguidelines" after a hardship had been proven. Paterson said he was'in favor of granting this variance. Colestock said lie wanted Whitaker to finish his presen- tation. . ....._,.,-•�,,,.,rx-• ...mow Regular Meeting Board of Adjustment March.23, 1978 Whitaker said he felt his hardship was that he can not do what someone in the same block can do because he does not occupy a building that has been historically desig- nated. His operation does not interfere with the GCP, it is generally harmonious with the neighborhood, it does not create alot of traffic, noise, etc. Ile is requesting an exception from the requirement that the structure must be designated historic. Paterson said he felt this was sufficient grounds to grant this vari-ance. Colestock said the hardship is not created by a the applicant. Strict application of the ordinance is discriminatory and restrictive. Ile would be in favor of granting the variance. Smith felt they should encourage this use of this property since it it a good buffer between the commercial and residential districts. Ile did feel Whitaker should pursue a use variance but would be in favor of granting this variance at this time. Smith noted that if they grant the requested variance, Whitaker would have to appear before the Planning and Zoning Commission with a conditional use application. Lavagnino said even though he was in favor of this use in this building, he was not in favor of granting this variance as presented. Whitaker asked Lavagnino how he should have pursued this variance. Lavagnino said he should have gone first to the HPC and if historic desig- nat;;,_on was denied, then he should come to the Board of Adjustment. Colestock moved to approve this application since strict application of the zoning is restrictive, discriminatory, and thereby precludes property rights to the applicant being afforded tq and enjoyed by other property owners. The zoning ordinance itself creates a unique hardship in this case. The granting of this variance will in no way adversely affect the General Comprehensive Plan. There have been no objections, written or present at this meeting, by surrounding property owners, Paterson seconded. Roll call vote: Smith, aye; Mann, aye; Paterson, aye; Colestock, aye; Lavagnino, nay. Motion approved. Whitaker asked if he was to appear before the Planning and Zoning Commission for a conditional use permit. Smith said yes. Paterson moved to adjourn the meeting, Colestock seconded. All in favor, motion approved. Meeting adjourned at 5:30 PPI. Shery inimen, Deputy City Clerk L 5 �L-E� d • _L.L.,� _ 3 z • _ - - - �--- ^ � y J /� Copland Hagmaow Ltd Architects PO Box 2736 Aspen Colo 81611 303 925 2867 26 April 1978 Ms. Karen Smith City of Aspen Planning Department 130 S. Galena Street Aspen, Colorado 81611 Dear Karen: In response to your request for additional information relative to the proposed second story addition on the existing Mountain Forge building to be used for a stained glass studio/apartment, the following is deemed appropriate based on Michael Ohnmacht's estimates and actual dimensions of the proposed addition. The addition is proposed at 1215 sq. ft. of enclosed space plus 150 sq. ft. of exterior uncovered deck space. Of the enclosed space 315 sq. ft. is designated for use relative to the making of stained glass, with the remainder, 900 sq. ft. to be used for apartment space, which consists of a living room, kitchen, two bedrooms and two baths, and entry foyer. Principally, Michael Ohnma.cht will be the only person working in the studio area, and on occasion, a maximum of one employee will assist in the work. The number of visitors is subject to seasonal variations; maximums during winter and summer tourist seasons runs low, by estimate only 1 or 2 persons per day, thereby establishing this use as one with extremely low walk-in trade and/or visitors. During off- season periods, numbers of walk-ins are essentially non-existent. The low numbers of visitors is due to the nature of the work; it is primarily custom -order work, therefore not inducive to walk-in trade. The hours for which the shop is open for business will be 9-5 on week days, normally, and will continue to focus, as in the past, on custom designed stained glass for use in commercial and residential applications. Copland Hagma low Ltd Architects 0 Letter to City of Aspen 26 April 1978 Page 2 I hope this answers all of your questions relative to Michael's new shop, and will provide any additional information you might request. Yours truly Copland Hagman Yaw Ltd 0' - f James T. Hagman JTH:sb ! 4 0 Aspen/Pitki ning Office 130 south galena street aspen, co ado 81611 April 13, 1978 Dear Property Owner, There will be a conditional use hearing on the City Planning and Zon- ing Commission's agenda May 2nd, 1978, at a meeting beginning at 5:00 p.m. in the City Council Chambers, City Hall, Aspen, to review an application for a shop craft use in the Mountain Forge Building. De- tails of the submission by Michael Ohnmacht are outlined in the attached copy of his application. Any other relevant material may be examined in the Planning Office, 3rd floor of City Hall or call 925-2020, ext. 227 for further information. Sincerely; Karen Smith Planning Director KS/sr enc. MICHAEL OHNMACHT STAINED-GLASS STUDIO P.O. BOX 1172, ASPEN, COLORADO 81611 303-925-3134 TO 74fe7 -Boo 12D EF 41D� v4S T MqNFl IT! 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