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Home My WebLink Aboutcoa.lu.iz.Continental Inn.1973 WENDT & KISTLER LAWYERS P. O. B O X 1 2 ASPEN, COLORADO 81611 JOHN A. F. WENDT, JR. FIRST NATIONAL BANK BUILDING BRUCE KISTLER October 15, 1973 TELEPHONE. 303-925-4505 Aspen Planning Commission Aspen , Colorado 81611 Re : Continental Inn Gentlemen: Mr. Clayton Myering, City Building Inspector, has verbally indicated a refusal to issue three building permits pursuant to applications filed on behalf of the Continental Inn. Such refusal is based on the grounds that the provisions of Ordinance 19 are applicable to the proposed work. It is our position that the provisions of the ordinance do not apply to the proposed work. The proposed work, including that for which permits have not yet been applied for has the following features : (1) No significant expansion of facilities is involved . (2) Public areas only are affected . (3) Only repairs, redecoration or relocation of existing facilities is involved . (4) No increase of uses or densities is involved . (5) The intent is to merely upgrade the appearance and functional aspect of the lobby, bar, pool , mechanical room and ski storage room. In support of these statements , details of the proposed work are attached . In addition, we believe that remodelling is not within the scope or intent of Ordinance 19 as written. To substantiage such we direct your attention to the language of Ordinance 19 which, in part , reads as follows : "WHEREAS, the objectives and purposes of the anticipated lands use changes will be defeated if building permits issue for future structures and uses inconsistent with the commission recommendations prior to adoption of new zoning code and zoning district map; and the issuance of permits only in accordance with anticipated changes will aid in the orderly and efficient adoption of a new code and map. " Page Two "Section 1 . Purposes . The purpose of this ordinance is to promote the health, safety, order, convenience , prosperity and general welfare of the residents of the City of Aspen by establishing a building permit review procedure which will allow the issuance of permits for structures and uses consistent with the land use changes recommended to the City of Aspen by the Aspen City Planning Commission, which building permit review procedure is to remain in effect for a period of time sufficient to in- corporate the recommendations into the Aspen Zoning Code and Zoning District Map. " It is apparent that Ordinance 19 is enacted only to assure no changes in Uses which would be inconsistent with the master plan up-date . -711—the present instance uses are in no way affected by the proposed work, and Ordinance 19 is thus in- applicable. You will note that under Section 2. III E. 2. (relating to Mixed Residential zones) it is stated : "2. The remodelling of existing lodges is not subject to review where such construction will not result in an in- crease in guest capacity . " One might argue that such section is not applicable to Recreations-Accommodations zoning. We think differently: 1 . The Mixed Residential zone prohibits new lodges . The intent of the section was merely to identify the exemption for remodelling where there is no increase in density for uses (lodges) no longer permitted. 2 . The City Council, in enacting Ordinance 19 did so with the belief that there was no need to apply the provisions with respect to remodelling of existing lodges to zones where lodges are permitted . 3 . There is no need to apply P&Z review for the protection of the public welfare . Mr. Myering has already issued three permits for a portion of the proposed work, including a demolition permit for an area in which permits for improvement are sought . To refuse to issue a building permit for completion of re- novation work for which a demolition permit was issued rings of harassment . Although under the building code he has no authority to do so, Mr. Myering has expressly denied the ap- plication sought . -2- Page Three Therefore , the Continental Inn, without waiving any rights to appeal the decisions of the Building Inspector to other agencies of the City of Aspen or the Courts of the State of Colorado, requests (1) that the Aspen Planning Commission determine that the provisions of Ordinance 19 are inapplicable to this work or (2) if such is not so determined , recommend to City Council that an exemption from Ordinance 19 be granted or (3) If none of the above action is taken consider this an application for review under Ordinance 19. There is considerable financial hardship facing the owner if he is not permitted to immediately continue the work com- menced under issued permits and under permits applied for . Our construction of the Ordinance and its inapplicability to the proposed work is clearly reasonable . If a contrary construction is otherwise found to be reasonable , the Ordinance is then vague and for that reason, alone , unconstitutional . Very truly yo�u�rs, ruce Kistler f IEC,s0i:S.1 Ol Pk OL 1_..:A E NG.: 100 Leaves Special Meeting Aspen Planning Zoning October 23 , 197-i J Jenkins made a motion to amend the previous motion to in- clude the fact that the Commission had considered the 80-- 4-0 Line and found it not to be applicable . Seconded by Johnson. All in favor, motion carried. /Continental Ms . Baer stated that this was a request for remodel . Fur- Inn Cher stated that the Planning Office would like to tie down the square footage so that the possibility of ex- pansion could be determined. Gillis suggest the Commission table consideration until the other problems with the Continental Inn had benn solved. _ Pointed out that there were problems concerning present density, etc. . . Fred Smith pointed out the poor condition of the parking facilities. Gillis made a motion to table consideration of this pro- ject until the Planning Office has had a chance to deter- mine the status of the remodeling. Seconded by Jenkins . All in favor, motion carried. Gillis made a motion to adjourn the meeting, seconded by Jenkins. All in favor, motion carried. Meeting adjourned at 7 : 30 p.m. ' <1..'1,7{% .$ecretal.y • • ►� l REMODELING AT CONTINENTAL INN (A) Permits already issued and work in progress Permit 111 Pool remodeling, new deck area " #2 Wrecking of selected walls in restaurant and ski room area preliminary to remodeling, move gas line and meter to its new location, general repair of steps and concrete floors " ##3 Remodel 1 dorm unit to shower area, drop ceiling in storage area, etc. " #4 Elevator installation in space previously provided (B) Permits applied for but issuance denied Permit A_ New. stairway from main floor- West Wing down to sauna and pool area (below gra-e) and connecting 4' retaining wall in same pool area to retain fill (as required by conditional • occupancy permit of South Wing) #2 Replace old restrooms in restaurant with new restrooms #3 Build 5' high rock wall planter and new steps upgrading restaurant entrance (C) Other work contemplated for completion by Dec. 10 but no permit applied Garden Level (Below Grade) 1 ) Upgrade existing ski room (has been in a semi-completed stage) 2) Relocate water heaters from adjoining furnace room to more • satisfactory location Remodel restaurant entrance doors , hatcheck area, minor relocation of nonbearing partitions and general upgrading of restaurant entrance area 4) Relocate bar in more suitable location next to remodeled pool in • sunken (4 steps) area in present restaurant area 5) Relocate and upgrade stairway leading from lobby to restaurant area below 6) New .approvaed main exit stairway connecting all floors (replacing present stairway which is unsatisfactory) 7) Cover remodeled pool with a deck (below grade) to create indoor- outdoor pool 8) Add utility room below grade to accommodate water heater and pool equipment First Floor Install efficient new front desk and remodel front office area under present roof lines with exception of 100 sq. ft. which would extend out past present roofline 10) Install new entrance doors 11) Remodel present unsatisfactory lobby roof (D) Upgrading and catch-U0 W5 k i,i the ec6At of bt? 1 d i ng 1) Blend unfinished roofline of West Wing to appearance of East Wing by installing new facia. 2) Fill and landscape adjoining pool area 3) Complete rockwork on previous construction 4) Install hydro-massage whirlpool unit adjacent to present pool area 5) Complete work in various areas of building to numerous to list