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Home My WebLink Aboutlanduse case.boa.731 E Durant Ave #7A.005-00 NOTICE OF PUBLIC HEARING CASE #00-05 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetin~: Date: June 8, 2000 Time: 4:00 P.M. Applicant for Variance: Owner for Variance: Name: Achim Buerklin Michael Hoffman Address: clo Freilich, Myler, Leitner &Carlisle 106 S. Mill Street, Suite 202 Aspen, CO 81611 Location or description of property: Unit 7A, Chateau Chaumont Condominiums, 731 East Durant Aspen, CO Variances Requested: The applicant is requesting a twelve (12) month extension ofa variance granted on May 13, 1999, from the density requirements of the L T - R zone district to allow for the conversion of existing office space into residential space. Will applicant be represented by Counsel: YES: X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman From: E. Michael Hoffman To: Chris Benden Date: 4/19/00 Time: 1:07:12 PM Page 2 of4 LAW OFFICES FREILICH, MYLER, LEITNER & CARLISLE A PARTNERSHIP INCLUDlNG PROFESSIONAL CORPORATIONS IN ASPEN COLORADO A.'ITORNEYS ATLAW DAVIDJ.MYlER,PC 1 E. MICHAELHOF'FMAN1 SHANE J HARVEY 1 106 SOUTIl MILL STREET SmTE 202 AsPEN. COLORADO 81611 IN KANSAS CITY. MrsSOURI FREILICH, Lml.'fER &. CARLISLE FACSIMILE (970)920-4259 TELEPHONE (970)920-1018 AITOlUlEYSATLAW ROBERTRFREILICH,P,C_ll.l MARTIN L lElTNER. P, C ' RICHARDG.CARllSl.E.P_C' SIEPHENJ MooRE,PC l $, MARK WHITE Z,l KYLE E FOOTE l .iII_TIll DI ~O' ANrl_........CJt'.......KC' CERl1f1ED LAND USE PLANNERS MICHAEL J. UUER, AICP JENNIFERK BARRE'IT,AICP KIM" S BROPHY. AICP April 19,2000 Aspen Board of Adjustment Aspen Municipal Government 130 S. Galena Street Aspen, Colorado 81611 Re: Request for Extension of Variance - Chateau Chaumont Condominiums, Unit 7 A (the "Unit") Achim Buerklin, Owner Gentlemen: 1. Factual Backl!found On May 13, 1999, Dale Eubank, the Owner of the Unit referenced above, received a variance from the dimensional limitations applicable to the Chateau Chaumont Condominiums (the "Project").' The variance was needed because the City had taken the position that Mr. Eubank could not use the Unit for residential purposes, even though all 24 of the other condominium units in the Project have long been used as residences and residential use is permitted in the UTR zone district. Although it is difficult to discern from the minutes of its meeting, 2 the Board of Adjustment granted the variance because it would have been unjust to prevent Mr. Eubank from converting the Unit to residential use when the remainder of the building was used in that fashion, he had owned the property for a long time (and therefore could not have known about the restrictions the City would impose in the current zoning or the City's interpretation of that zoning), and because the conversion to residential use would not cause negative impacts on the neighborhood. Because City staff believed that the conversion of the Unit from commercial to residential use implicated the Growth Management Quota System, they required the Owner to seek a GMQS exemption under Section 26-102-040(BX1)(b) of the Aspen Land Use Code. Mr. Eubank submitted his application for that exemption on June 17, 1999, approximately one month after the Aspen Board of Adjustment granted his request for a variance. The AspenlPitkin County Growth Management 'The Project is located on the southwest side of the intersection of Original and Spring Streets. 2 The minutes are attached hereto as Exhibit A From: E. Michael Hoffman To: Chris Benden Date: 4/19/00 Time: 1:07:12 PM Page3of4 FREILICH, MYLER, LEITNER & CARLISLE Aspen Board of Adjustment April 19,2000 Page 2 Commission did not consider and approve the application until November 9, 1999.' During the intervening five months, the application was essentially "in limbo" because the variance approval could not be acted upon until the GMQS exemption was granted. The delay was evidently caused by local government's difficulty in getting enough Growth Management Commissioners to attend the meeting to establish a quorum. On or about July 14, 1999, the Unit was sold to Achim Buerklin. Mr. Buerklin, through his agent, Billy Ditmar, remodeled the property as a ski storage facility. It was used for that purpose in the Winter and Spring of 1999-2000. Mr. Buerklin wishes to preserve his right to convert the Unit to residential use as provided by the variance granted last May. 11. Need to Extend Variance Unless "vested as part of a development plan" or extended, a variance automatically expires 12 months from the date of the approval.' The Board of Adjustment "may grant a one time extension of a variance for up to twelve (12) months. All requests for an extension must be submitted prior to the expiration of the existing development order, must demonstrate good cause showing that an extension is necessary, and must demonstrate that the circumstances as set forth in this Chapter are still applicable.'" The first criteria set forth above is met here as this application for an extension has been filed before the expiration of the variance, which will take place on May 13, 2000. There has been no change in the circumstances which prompted the Board of Adjustment to approve the variance request a year ago. A copy of my letter of application to the Board from April of 1999 is attached to this correspondence as Exhibit C. An extension is necessary because Mr. Buerklin's and Mr. Ditmar's commercial use of the Property is untested at the present time. It is likely that they will abandon the ski locker business and convert the Unit to residential use within the next year. The ski lockers which are indispensable to their current use of the Unit did not arrive until late in the ski season. That fact, in combination with the relatively small number of visitors who skied in Aspen this year, did not allow them enough time or opportunity to fully gauge whether commercial use of the Property is viable. They will decide by the middle of next ski season whether to continue the locker business. If they fmd that a ski storage facility will not work in that location, they can immediately begin the process of converting the Unit to residential use. , A copy of the Growth Management Commission's Resolution approving the exemption request is attached to this Application as Exhibit B. 'Aspen Land Use Code, Section 26.314.070(A). , Aspen Land Use Code, Section 26.314.070(B). From: E. Michael Hoffman To: Chris Benden Date: 4/19/00 Time: 1:07:12 PM Page 4 of4 FREILICH, MYLER, LEITNER & CARLISLE Aspen Board of Adjustment April 19,2000 Page 3 IlL Conclusion If the Board of Adjustment does not grant an extension at this time, Messrs. Buerklin and Ditmar will need to begin the entire application and approval process again. That would result in the waste of all the time and money devoted to this approval over the past eighteen months by the Board of Adjustment, Growth Management Commission, City staff, the current applicants as well as Mr. Eubank. That waste can be avoided by extending the current variance approval for an additional 12 months. Under the existing circumstances good cause exists for the granting of such an extension and I urge the Board to do so. Thank you for your consideration. Sincerely, FREILICH, MYLER, LEITNER & CARLISLE E. Michael Hoffinan cc: Billy Ditmar Achim Buerklin From: E. Michael Hoffman To: Chris Benden Date: 4/19/00 Time: 1:07:12 PM Page 1014 Freilich, Myler, Leitner & Carlisle 106 S. Mill Street, Suite 202 Aspen, Colorado 81611 Tel: 970-920-1018 Fax: 970-920-4259 FACSIMILE COVER PAGE To: Chris Benden Fax #: 920-5439 Company: Aspen Community Development Subject: Sent: 4/19/00 at 1:06:22 PM From: E. Michael Hoffman Fax #: 970-920-4259 Tel #: 970-920-1018 I Pages: 4 (including cover) MESSAGE: WlnFax PRO Cover page AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Special Meeting Thursday, June 8, 2000 at 4:00 p.m. Council Chambers, City Hall I. ROLL CALL II. MINUTES (5/04/2000) III. DISCLOSURE OF CONFLICTS OF INTEREST (actual and apparent) IV. COMMENTS A. Commissioners Comments B. Staff Comments C. Public Comments (concerning items not on the Agenda) V. PUBLIC HEARING VI. A. Case #00-05 - Extension of Case #99-03 Unit 7 A, Chateau Chaumont Condominiums, 731 East Durant, variance granted May 13, 1999 to allow for conversion of existing office space into residential space. c:{ "'--,., ~)t'<.,,-J ADJOURN ~ ~". c:J NOTICE OF PUBLIC HEARING CASE #00-05 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjoumed) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetinl!:: Date: June 8, 2000 Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Achim Buerklin Michael Hoffman Address: clo Freilich, Myler, Leitner &Carlisle 106 S. Mill Street, Suite 202 Aspen, CO 81611 Location or description of property: Unit 7 A, Chateau Chaumont Condominiums, 731 East Durant Aspen, CO Variances Requested: The applicant is requesting a twelve (12) month extension ofa variance granted on May 13, 1999, from the density requirements of the L T-R zone district to allow for the conversion of existing office space into residential space. Will applicant be represented bv Counsel: YES: X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Sarah Oates, City Zoning OfficerS C RE: Chateau Chaumont Condominiums, Unit 7 A-Request of an Extension of a Variance Granted, May 13,1999 DATE: June 8, 2000 -------------------------------------------- ----------------------------------------------- SUMMARYIBACKGROUND: The applicant was granted a variance from the minimum lot area per dwelling unit (density) requirement on May 13, 1999, to convert an existing condominium unit from office space to residential space. This variance runs for a one (1) year period and expired May 13, 2000. The unit received approval from the Growth Management Commission (GMC) in November 1999 to convert the use of the space from commercial to residential. The unit has continued to operate as a commercial use, as a ski locker storage business, and has not been converted to residential use. STAFF RECOMMENDATION: Staff recommends that the Board of Adjustment deny the request for an extension. APPLICANT: Achim Buerlkin, represented by Michael Hoffman LOCATION: Unit 7 A, Chateau Chaumont Condominiums 731 East Durant, Aspen, CO REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.314~ of the Municipal Code, the standard for an extension is as follows: 0% All requests must demonstrate good cause showing that an extension is necessary, and must demonstrate that the circumstances as set forth in this Chapter are still applicable. During the initial request, the applicant contended that the variance was necessary because the space was no longer viable for commercial use. Yet, the applicant has operated a commercial use for the 1999-2000 winter season. The fact that the approval for a change-in-use from commercial to residential by the GMC came six (6) months after the Board's approval (November 9, 1999) is not relevant, because the applicants have not exercised the option to convert the space even since the time of GMC approval. The operation of a ski locker business was not contingent on approval by the GMC. Therefore, the circumstances set forth in the initial application and in the above-cited Chapter are no longer applicable. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: . Approve the extension of the variance granted. . Table action to request further information be provided by the applicant or interested parties. . Deny the extension finding the criteria has not been met. RECOMMENDATION: Staff recommends denial for an extension ofthe minimum lot area per dwelling unit variance granted to convert an office space to a residential dwelling unit, finding the standards for an extension have not been satisfied. RECOMMENDED MOTION: "I move to deny an extension of the minimum lot area per dwelling unit variance granted to convert an office space to a residential dwelling unit, finding the standards for an extension have not been satisfied. AL TERNA TIVE MOTION: "I move to approve the extension of a variance granted to vary the minimum lot area per dwelling unit to allow for the conversion of an office space to a residential dwelling unit at 731 East Durant, Unit 7 A, for a period of twelve (12) months finding that the review standards have been met." LAW OFFICES FREILICH, MYLER, LEITNER & CARLISLE A PARTNERSHIP INCLUDING PROfESSIONAl CORPORATIONS AlTORNEYSATLAW DAVIDl MYLER..,P.C.' E. MICHAEL HOFFMAN ' SHANE 1. HARVEY J 106 SOUfH MILl. STREET SUITE 202 AsPEN, COLORADO 81611 IN KANSAS CITY, MISSOURI FREILICH. LEfINERA CARLISLE IN AsPEN COLORAOO AlTORNEYS AT LAW ~.oo' FACSIMILE (970) 920-4259 TELEPHONE (970)920-1018 ROBERT H. FREILICH, P.C. U' MARTIN L. LEflNER, P.C. I RICHARD G. CARLISLE, P.C. I STEPHEN J. MOORE, P.C. ' S. MARK WHITE;u K'r1..E E. FOOTE' ~D1uo',CA'.NT'.NC' CERTIFIED LAND USE PLANNERS MICHAEL 1. LAUER.., AICP JENNIFER K. 8ARRE1T, AICP KIM S. BROPHY,AICP May 3, 2000 Aspen Board of Adjustment Aspen Municipal Government 130 S. Galena Street Aspen, Colorado 81611 Re: Request for Extension of V ariance - Chateau Chaumont Condominiums, Unit 7 A (the "Unit") Achim Buerklin, Owner Gentlemen: 1. Factual Background On May 13, 1999, Dale Eubank, the Owner ofthe Unit referenced above, received a variance from the dimensional limitations applicable to the Chateau Chaumont Condominiums (the "Project"). I The variance was needed because the City had taken the position that Mr. Eubank could not use the Unit for residential purposes, even though all 24 ofthe other condominium units in the Project have long been used as residences and residential use is permitted in the L/TR zone district. Although it is difficult to discern from the minutes of its meeting,' the Board of Adjustment granted the variance because it would have been unjust to prevent Mr. Eubank from converting the Unit to residential use when the remainder of the building was used in that fashion, he had owned the property for a long time (and therefore could not have known about the restrictions the City would impose in the current zoning or the City's interpretation of that zoning), and because the conversion to residential use would not cause negative impacts on the neighborhood. Because City staff believed that the conversion of the Unit from commercial to residential use implicated the Growth Management Quota System, they required the Owner to seek a GMQS exemption under Section 26-102-040(B)(1)(b) of the Aspen Land Use Code. Mr. Eubank submitted IThe Project is located on the southwest side of the intersection of Original and Spring Streets. 2 The minutes are attached hereto as Exhibit A. .__~._""._,.__"__.~_~~__._~_--.o,-~___'~~'~_._'''~''~''__'''_"",,_,","W__~_'_ FREILICH, MYLER, LEITNER & CARLISLE Aspen Board of Adjustment May 3, 2000 Page 2 his application for that exemption on June 17, 1999, approximately one month after the Aspen Board of Adjustment granted his request for a variance. The Aspen/Pitkin County Growth Management Commission did not consider and approve the application until November 9, 1999.3 During the intervening five months, the application was essentially "in limbo" because the variance approval could not be acted upon until the GMQS exemption was granted. The delay was evidently caused by local government's difficulty in getting enough Growth Management Commissioners to attend the meeting to establish a quorum. On or about July 14, 1999, the Unit was sold to Achim Buerklin. Mr. Buerklin, through his agent, Billy Ditmar, remodeled the property as a ski storage facility. It was used for that purpose in the Winter and Spring of 1999-2000. Mr. Buerk1in wishes to preserve his right to convert the Unit to residential use as provided by the variance granted last May. II. Need to Extend Variance Unless "vested as part of a development plan" or extended, a variance automatically expires 12 months from the date of the approval' The Board of Adjustment "may grant a one time extension of a variance for up to twelve (12) months. All requests for an extension must be submitted prior to the expiration of the existing development order, must demonstrate good cause showing that an extension is necessary, and must demonstrate that the circumstances as set forth in this Chapter are still applicable. ,,' The first criteria set forth above is met here as this application for an extension has been filed before the expiration of the variance, which will take place on May 13, 2000. There has been no change in the circumstances which prompted the Board of Adjustment to approve the variance request a year ago. A copy of my letter of application to the Board from April of 1999 is attached to this correspondence as Exhibit C. An extension is necessary because Mr. Buerklin's and Mr. Ditmar's commercial use of the Property is untested at the present time. It is likely that they will abandon the ski locker business and convert the Unit to residential use within the next year. The ski lockers which are indispensable to their current use of the Unit did not arrive until late in the ski season. That fact, in combination with the relatively small number of visitors who skied in Aspen this year, did not allow them enough time or opportunity to fully gauge whether commercial use of the Property is viable. They will decide by the middle of next ski season whether to continue the locker business. If they find that a ski storage 3 A copy of the Growth Management Commission's Resolution approving the exemption request is attached to this Application as Exhibit B. 4 Aspen Land Use Code, Section 26.314.070(A). , Aspen Land Use Code, Section 26.314.070(B). FREILICH, MYLER, LEITNER & CARLISLE Aspen Board of Adjustment May 3, 2000 Page 3 facility will not work in that location, they can immediately begin the process of converting the Unit to residential use. m. Conclusion Ifthe Board of Adjustment does not grant an extension at this time, Messrs. Buerklin and Ditmar will need to begin the entire application and approval process again. That would result in the waste of all the time and money devoted to this approval over the past eighteen months by the Board of Adjustment, Growth Management Commission, City staff, the current applicants as well as Mr. Eubank. That waste can be avoided by extending the current variance approval for an additional 12 months. Under the existing circumstances good cause exists for the granting of such an extension and I urge the Board to do so. Thank you for your consideration. Sincerely, FREILICH, MYLER, LEITNER & CARLISLE [ ~vt& E. Michael Hoffinan cc: Billy Ditmar Achim Buerk1in MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Director FROM: Sara Thomas, Zoning Officer RE: Chateau Chaumont Condominiums, Unit 7A DATE: May 13, 1999 -------------------------------------------------------------- -------------------------------------------------------------- SUMMARYIBACKGROUND: The applicant is requesting a variance from the . minimum lot area per dwelling unit (density) requirement in order to convert an existing condominium unit from office space to residential space. The Chateau Chaumont is a multi-family complex on a 12,000 square foot parcel, located in the LodgelTourist Residential (L T -R) zone district. The Chateau Chaumont was constructed in 1968 as a lodge and complied with the underlying zone district requirements in effect at that time. Since 1975, the Land Use Code has required that whenever kitchen facilities are installed in a lodge in the LT-R zone district, those units shall be deemed as multi-family units and the lodge shall be required to satisfy the minimum lot area requirements for a multi-family dwelling unit. Multi-family dwellings in the L T-R zone district are required to have 1000 square feet of lot area for each bedroom. Therefore, this 12,000 square foot parcel is permitted no more than 12 bedrooms. The structure currently contains 21 units with approximately 48 bedrooms and is considered to be a legal non-conforming structure. As the LT-R zone district allows only for customary accessory commercial uses for guests of units, the current use of the unit as a professionallbusiness office is considered to be a legal non- conforming use. The existing non-conformities may be maintained, but cannot be extended or enlarged. Unit 7 A was constructed as part of a residential unit in 1968. It was subsequently converted to office use in the early 1970's, according to the applicant, and has remained as office space since that time. The applicant states in his application that a number of Chateau Chaumont units have been converted from office space to residential space over the years. However, according to Building Department records, there appear to be only three units (#20, #22 and #23) that have received building permits for interior remodels and each of these permits were issued for remodeling of residential dwelling units, not office space. Should the variance request be granted, the conversion will still be subject to review under the Growth Management Quota System(GMQS) requirements as a "Change in Use". Section 26.102.040 of the Land Use Code requires that any change in use of an existing structure between the residential and commercial/office categories be reviewed and approved by the Planning and Zoning Commission. The P&Z may grant an exemption from the GMQS if it is demonstrated that the change in use will not negatively impact the neighborhood, and will mitigate for any impacts on affordable housing and parking. Please refer to the attached written information provided by the applicant for a complete presentation of the proposed variance. STAFF RECOMMENDATION: Staff recommends denial of the variance request finding that Review Standards #2 and #3 have not been satisfied. APPLICANT: Dale Eubank, represented by Michael Hoffman LOCATION: Unit 7 A, Chateau Chaumont Condominiums 731 East Durant, Aspen, CO REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title. Response: Granting the variance will not conflict with the goals of the Aspen Area Comprehensive Plan. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Response: Since the existing non-conforming use of Unit 7 A as a professionallbusiness office is permitted to continue, it is staff's conclusion that the building is already experiencing a reasonable use and therefore no variance is required. In addition, the zone district requirements allow for the unit to be converted to residential space if it were combined with another existing dwelling unit, as long as no additional bedrooms were created. This is the configuration that the space was originally designed for and would not require any variances. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. Response: The Chateau Chaumont is not unique in its non-conformjpg status within the LT-R zone district. A significant number of non- conforming structures exist in the L T -R zone district and staff is aware of a number of situations where other parcels have not been permitted to expand or to add additional bedrooms due to the zone district density requirements. Staff concludes that the existing circumstances do not cause the applicant unnecessary hardship or practical difficulty and, in fact, allow for a very viable use of the property. Denying the variance will not deprive the applicant rights commonly enjoyed by other parcels as the property can still be utilized fully. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: . Approve the variance as requested. . Approve the variance with conditions. . Table action to request further information be provided by the applicant or interested parties. . Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends denial for the mInImum lot area per dwelling unit variance request to convert an office space to a residential dwelling unit, finding that Review Standards #2 and #3 have not been satisfied. RECOMMENDED MOTION: "I move to deny the request to vary the minimum lot area per dwelling unit to allow for the conversion of an office space to a residential dwelling unit at 731 East Durant, Unit 7 A, finding that review standards #2 and #3 have not been met." ALTERNATIVE MOTION: "I move to approve the request to vary the minimum lot area per dwelling unit to allow for the conversion of an office space to a residential dwelling unit at 731 East Durant, Unit 7 A, finding that the review standards have been met, and that such conversion shall be subject to Change in Use approval by the Planning and Zoning Commission." cm- CLERK'S DAn. Y DEPOSITS AGDiDAlCODE SALES 00107-00000-63020 RV053 COPIER COPIES 001 07 -00000~3 990 RV057 BOARD OF ADn:STIvlDIT (CLERK) .RV054 BOA-lID OF ADruSTIvtD.-r (pLk'\j'~.jING) RV156 LIQCOR LICE);'SE OCCL"PATION.-'\L Rv.050 00107-60410 LIQCOR LICENSE R....~"EW_-'\L FEE ~~ARLAND STYLE28CA"'BAIOOE l 0 _ c: II I O:g ~ '" ill III C.c:::::, ~::: ~~~P:ll o i ! , ~~ :smmiii!!! n.JB ~,~ . i~ · .,.,~ ?z~zc ~ onr=....n g;orn:c '\ f ",mo,.. o ~ ~a"~~ --<lIl'"' o 1\ i!;;<lj~ ~ -4;S -u..... . ~ <0 ! Jtlom D'" S f~~~ ~ .~ 2:11 - !i ~ l ... ..... .. ~ 9 "\. Om ~ ~ ~l i ~ n ~~ ~~ ~~~~ !ll I,j,J ,:. >i 0 ~ n.J :::\.... - :II 0", ~ ~ Iii n.J ; I ~ 'a :;j ~ ~ CD .. 'i. ~ ,,~ .. Ii <!I- \ I / 1\ II ~ ; ~ iTI ) ~i ~ n ~ - - n.J r , ER, vvTh"E, LIQUOR o lD:C-;G ,1 CASH ~ CHECK TOTAL A.'v[OT.j}jT $ $ $ LJlQ~~ $ $ $ " $ s s ~~ ciJJ qq -- 0') IllJJf s /6:JDD--- RESOLUTION NO.()~ Series of 2000 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN DENYING AN EXTENSION OF A VARIANCE IN CASE NUMBER 00-05 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET ADDRESS OF 731 EAST DURANT AND A LEGAL DESCRIPTION OF CHATEAU CHAUMONT CONDOMINIUMS, UNIT 7 A WHEREAS, Achim Buerklin made application for the extension of a variance granted by the Board of Adjustment May 13, 1999; and WHEREAS, this matter came on for hearing before the Board of Adjustment on June 8, 2000 and after full deliberations and consideration of the evidence and testimony presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: Sectiort 1. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. The request for variances was initiated on June 8, 2000 by: Achim Buerklin for property located at 731 East Durant, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26- 304-060(E) (3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 1111111I11111111111111 ;~~~~~~~ ~ I : 46A SILVIR DAVIS PITKIN COUNTY CO R 10.00 00.00 ---...., The Board determined that findings were not satisfied and the variance request was therefore denied by a vote of 2-2. Section 2. Request for Variances Denied. The Board of Adjustment does hereby deny the applicant an extension of the following variance from the terms of Chapter 26 of the Aspen Municipal Code: An extension of a variance granted May 13, 1999 to vary the minimum lot per dwelling unit allowing for the conversion of an office space to a residential dwelling unit. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 8th day of June, 2000. ~~ Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meeting held on the day hereinabove .'aCed. ~D~& puty City Clerk Approved as to content: Ll Assistant City Attorne 2 I l\llll \llll \lllll 1111 I\\ll 1111111 11\l1 III \llll 1111 l\ll ~~~~:~~~0~ I: 46A SILVIR ORVIS PITKIN COUNTY CO R 10.00 .' ~.'l'>;' RESOLUTION NO. '-I Series of 2000 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN DENYING AN EXTENSION OF A VARIANCE WITH CONDITIONS IN CASE NUMBER 99-3 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET ADDRESS OF 731 EAST DURANT AND A LEGAL DESCRIPTION OF UNIT 7A, CHATEAU CHAUMONT CONDOMINIUMS WHEREAS, Mr. Achim Buerklin requested an extension, dated April 19, 2000 to the Board of Adjustment for a variance granted from the dimensional requirements of Chapter 26 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on June 8, 2000 and after full deliberations and consideration of the evidence and testimony presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. The May 13, property Colorado. request for an extension of a 1999 was initiated by: Mr. located at 731 East Durant, variance granted on Achim Buerklin for Unit 7A , Aspen, 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26- 304-060(E) (3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 111111111111111111111111 ;~~~~~;~ ~ I :45A SILVIA DAVIS PITKIN COUNTY CO R 10.00 D 0.00 , /"" 3. The request for the extension of the variance consistent with the standard that good cause demonstrated for granting the extension and circumstances as set for in Section 26.314 applicable per Section 26.3l4.070(B). was not must be tha t the are still Section 2. Request for an Extension of a Variance Denied. The Board of Adjustment does hereby deny the applicant an extension of the following variance from the terms of Chapter 26 of the Aspen Municipal Code: A variance from the density requirements of the Lodge/Tourist-Residential (LT/R) zone district to allow for the conversion of an existing office space into a residential dwelling unit. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 8th day of June, 2000. ~ Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the ~::~e:~ Asp", C01or~~~~e day hereCoabove IPBplll5y Ci Cler Approved as to content: 2 \111"J,~\\\"3~;~Y'- SILVIA DAVIS PITK County of Pitkin } } State of Colorado } SS. AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.304.060(E) ~ I, 0 C\ IAA. <Q.S LI'tAdf- , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid u.s. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the hearing date of day of , 200_ (which is _ days prior to the public ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the _ day of , 200_, to the day of , 200_. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. P\AkJl;5~ed ~)O+;c? (Attach photograph here) ~~;:;/~ Signed before me this ~y of Ap V'I \ I 200..cJ by :;87f'''-' -c:\~5 l) Y'>Jt WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: "f/;;2 CJC:> ~ Not or ---.--' , , , , , , , , r~-L..--- , --.----< , , , , , v--':-'--- I i I /I II I ~- ---. . _____u J'/ I I ~~- eW"T~-:;J;"'- ~JS \ \lAP Of lllE BURUNGAME RANCH-IOot'ST BUTlUlUILK 37 ACllE PARCEL a.oQ"~"""IPI"I.m5""""IloCIa.~:L__llJ"'lI<'''. aum-f6-.lOlloJ[llJalllL'CIO J_---' ...,.-..-.... - .... .l .. "ZI' -.." - MM.~~ .-'lI.+.J!n'......,$ Plat Book 49. ~ 15 Pitkin c:omty Clerk & PeCOrder PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC; On April 12,2000, the Board 01 County Commlssiollers of Pitkin County, Colorado, adopted ResolutlOIl 068-2000 granllng approval of the Eva Bella expansion 01 a non..:::onformlng use and 1041 hazard review. The subject proper- ty is described as the Eva Bella Lode Mining Claim, USMS i 1808 and the Little Dick Lode Minillg Claim, USMS #1843 together with an easement situated In Section 36, Town!I;hlp 10 South, Range 85 West of the 6th Prlnclpal Meridian located within the Mattie Belle Lode, USMS #4147 and the Uttle Susie Lode, USMS #6806. This approval 01 a site speclllc develop- ment plan Includes a vested property right pur- suarllto Title 24, Article 68, CRS. Je;\nette Jones, Deputy (ountyClerk Published In The Aspen Times on April 22, 2000. PUBUC NOTICE . NOTICE IS HERF.RY GIVEN to the. general public that on Febnl '!OOO, the Hearing Olllcer 01 Pitkin Counl approval lor 1041 Hazard Review & <. .1 Submlsllon application lor the Carrut._ ,+99) property located oU of Stark M~a Road within the Stark Mesa Subdivision approximately 3 miles south of Caroondal.e, and Is descr\bed as a tract 01 \and situated In Sectlon 14. Townlhlp 8 South, Range 88 Well of UV ~~Inclpal Meridian, Thll .Ite .peclllc devt plan grants a vested prop- erty right, I to Title 24. Article 68, Colorado Re\' ~tutes. slLance Clarke, Hearing Of(lcer Pitkin County, Colorado Publlshe4 In The Aspen 11mes on April 22, 2000. PUBUC NOTICE From the Otllce of the Pitkin County Assessor ColoradQ law requires the county assessor to hear challenges to personal property valuations beginning no later than June 15, 2000. The asses- sor will be, available at the Pitkin County Courthouse during business hours (8:00 a.m. to 5:00 p.m.) to hear objections and protests to val- uations Jor the 2000 assessment of personal property. Objections to taxable valuations lor 2000 must be postmarked no later than June 30, 2000. Objections presented In person will be accepted through July 5. Inlormatlon lor requesting a review of valuation and lor flllng an objection Is available at the assessor'somce. Note: Colorado law (39-!)-108, CRS.) requires all persons ownlnR personal property on January I, 2000, with a value greater than $2,500, to report the same to Ihe county all or before April 17, 2000. Tom Isaac, County Assessor Published In 1be Aspen Times April 22, 2000. PUBUC NOTICE From the Office of Tom Isaac the Pitkin County Assessor Colorado law require. the county assessor to hear challenges to real property valuations beginning no later than May 2, 2000. The asses- sor will be available at the Pitkin County Courthouse during business houri (8:00 a.lll. to 5:00 p.m.) to hear objections and protests to val- uations lor the 2000 assessment 01 real property. Objections to taxable valuations for 2000 must be postmarked no later than May 30, 2000_ Objections presented In persOIl will be accepted through June 1. Inlormation lor requesting a review 01 valuatloo and lor IIUng an objection Is available at the assessor's olllce. Tom Isaac, County Assessor Pub"s;.ed in The Aspen Times April 22. 2000. x PUBUC NOTICE RE: APPEAL OF AN ADMINISTRATIVE DECISION RELATED TO THE OPERATION OF PROPERTY MANAGEMENT COMPANIES AT THE CHATEAU ROARING FORK NOTICE IS HEREBY GIVEN that a publiC hearing will be held on Thursday. May 4, 2000, at a meet- Ing to begin at 4:00 p.m. before the Aspen Board of Adjustment. Sister Cities Room, City Hall, 130. S. Galena St., Aspen, to consider an appeal of an administrative decision regarding the operation of property management companies at the Chateau Roaring Fork, The appeal Is being requested by Dennis Green 01 Hellman, Wollins and Green on beltall 01 the East End Concerned Citizens. ".or lurlher Inlormatlon. contact Sarah Oates at the Aspen/Pitkin County Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5441, saraho@cl.aspen.co.us s/Charles Paterson, Chairman . Aspen Board of Adjustment Published In The Aspen Times April 22, 2000-. (6357R) _L~ ....., .. , Saturday-Sunday. April 22-23. 2()(J() . The Aspen Times -1!>-C objections may be filed in advance 01 said meet- ing by mailing or ddi"'l::r)' tlJ the BdSalt Water CooseJ"ancy District at 3U2 Eighth Sueet. Suite 310, G1enwood Springs, Colorado 81601 BASAIT WATER CONSERVANCY DISTRlCT By. /s/ BarbaJ"a Mid Barbara Mick - Secretary PubUsbed in The Aspen Times April 8. IS, 22. 2000. (62752) pUBUC NOTICE RE: LEWIS LP EXTENSION OF VESTED RIGHTS (p32-OO) NOTICE 15 HER. ~y GIVEN that a public hearing will be held on Wednesday, May 24, 2000 al a reg- ular meeting to begin at 3:00 PM or as soon thereafter as the conduct 01 busine$S alIo....-s. before the Board 01 County Commi.ssionen, Plaza One Cool<:rence Room, 530 E. Main St., Aspen to consider an application submItted by the lewis Limited Partnership, requesting an Extension of Vested Rights lor a single lamlly residence. The property Is located on McLaIn Flats Is described as Lot l7, Block 2, White Horse Springs, a tract 01 land situated on Lots 8 and 16, Township 9 South, Range 85 West of the 6th PM. The application/resolution are available for public Inspection In the Community Development Department, City Hall, 13 0 S. Galena St., Aspen CO 81611. For further Inlormation, contact Suzanne WolIf at (970) 920-5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in The Aspen Times on April 22" 2000. PUBLIC NOTICE COUNTY COURT, PITKIN COUNTY. COLORADO Case Number 99 ORDER mR CHANGE OF NAME In lhe Matter 01 the Petition, 01 Beatrice Maresi Ernemanll, I'ditloner. This matter heard this 21st day 01 March, 2000 the Court hereby HOLDS: 'That the statements made In the Petltlon lor Change of Name are true, that the desired change of name is proper and not detrimental to the interest of any other person; and that Ihe request 01 the Pelitloner should be granted. IT IS ORDERED: I. That the name of Beatrice Maresi Ernemannls cha.nb>ed to Beatrice Mares!. IT IS FURTHER ORDERED: 2. That the petitioner shall within twenty (20) days from the date hereol, give public notice 01 su<.:h change by publication at least three (3) times In, The Aspen Times, a newspa- per published In Pitkin County, Colorado. Daled March 21, 2000. BY THE COURT By: Erin Fernandez-Ely, County Court Judge Glenlta L. Melnick, Clerk 01 the Court/ [)eputy Clerk 3123/00 Published In The Aspen Times April 8, IS, 22, 2000. (62655) PUBLIC NOTICE COUNTY tOURT, PITKIN COUNTY, COLORADO Case No. OOC90 ORDER FOR PUBLICATION AND CHANGE OF NAME In the Matter of the Petltlan lor the change 01 name 01 Kristine Ann Hustan, Petitioner. ORDER FOR PUBLICATION The Court ha\'lnR read and considered the Petition lor Change 01 Name and the petitioner's allidavll, and the Cuurt being auUlclenU)' advls~, FINDS: That the allegatlans made In said petition and allidavll salisfy all statutory requirements; AND THE COURT FURTHER FINDS: That the desired change of name Is proper and not detrimental to the Intereat of any other penon. IT IS THEREFORE ORDERED: l. That pursuant to statute, petitlooer shall give public notice of such change by publl- catloo of Public Notice three (3) times In The Aspen Times, a legal newspaper published In said county. This publication Is to be made with- In 20 days from the date 01 this Order. Proper proof 01 publication shall be filed with the Clerk 01 the Court upon final publication. 2. That upon prool 01 publlcatloo being Iiled with the Clerk of the Court, the name of Kristine Ann Hus~on will be changed to Krlsline Ann Huston Conybeare. Dated 4/5/00 . Erin Femandez-EIy, County Judge Glenita L Melnick, Clerk of the Court/Deputy Clerk 4/11/00 ' ORDER FOR CHANGE OF NAME The Court having reviewed the documents on lIIe, FINDS: That proper proof of publication has been made. IT IS TIIF.REFORE ORDERED: That the name of _Is hereby changed to -. Dated: CountyJudge: _ Published In The Aspen TImes April 22. 29, May 6, 2000. (63866) PUBLIC NOTICE COUNTY COURT, PITKIN COUNTY. COLORADO Case No. OOC86 ORDER FOR PUBUCATION AND CHANGE OF NAME In the Matter of the Petition lor the change of name 01 Krlsteen Rosenberg, .Petltioner. ORDER FOR PUBLICATION The Court having read and cOll$ldered the Petition lor Change 01 Name and the petitioner's aflldavit, and the Court being sufficiently advised, FINDS: That the allegatians made In said petition and alfldavit satisly all statutory requirements; AND THE COURT FURTHER FINDS: That the desired change 01 name Is proper and not detrimental ta the Interest af any other person. IT IS THEREFORE ORDERED: l. Thai pursuant to statute, petitioner shall give public notice 01 such change by publI- cation of Public Notice three (3) times In The Aspen llmes, a legal newspaper published In said county. This publication is to be made with- In 20 days from the date 01 this Order. Proper prool of publlcalion shall be flied with the Clerk 01 the Court upon final publk:aUon. 2. That upOn proof 01 publlcal:lOO being filed with the Clerk oflhe Court, the name 01 Krlsteen Rosenberg will be changed to Kristeen Church. Dated 3!29/OO Erin Femandez-Ety, County Judge Glenlla L. Melnick, Clerk 01 the CourtJDeputy Clerk 3''''/00 ORDER FOR CHANGE OF NAME TIle Court havlnR reviewed the doCUllleflts on Ole, FINDS: 1'hat proper proof 01 publication has been made. IT IS THEREf()IIE 0RIlEIIfI>. That the name . K.-een Rosenberg is hereby changed to eM Cburch. Dated: Cau --~- Published in The Aspen Times April S. \5, 22, 2000. (62,63) PUBUC NOTICE NOnCE OF PUBUC TRUSTEE SAlE NO. rom TlflS NOTICE is g;\'eI\ with regard ta the Deed 01 Trust executed by JEANETTE JONES AND URO" JONES (glanlor(s)) on October 29. 1997, and recorded November 4, 1997, at Reception No. 410250, In the records 01 County 01 Pitldn. Colorado. to secure to OUMONT MORTGAGE COMPANY, INC., A CALIFORNIA CORPORATION, the payment of a Promi5Sory Note 01 even date therewith in the original prin- cipal amount of $322.000.00. YOU ARE HEREBY N01lAED TIIAT BANKERS TRlh-r COMPANY. AS TRlblU FOR WE AMRESCO RESIDENIlAL SEcUR1TlES COR- PORAT1')N MORTGAGE LOAN TRLbi 19oo 1. C/O Wendover Financial Services Corpo' 725 N. Regional Road, Greemlboro, NC 27-\ the owner 01 the evidence of debt whlclI II secured by the Deed 01 Trust described above, has flied written election and demand for sale as provided In said Deed of Trust. The outstanding principal balance due and owing upon the evl- dence 01 debt secured by said Deed 01 Trust being loreclosed Is $320,648.2 I, as of March 13. 2000_ The real property being loreclosed Is all 01 the property encumbered by said Deed 01 Trust, and Is described as follows: LOT I, BLOCK 2, GATEWAY OF SNoWMASS MESA SUBDIVISION, THIRD flUNG, COUNTY OF PITKIN, STA1:E OF COLORAOO. Which has the address 01 0095 E1kranlle Drive, Old Snow Mass, CO 81654 mE uEN OFnlE DEED OFTRUST BONG FORECWSED MAY NOT BEA nRST UEN. The current or purported owner 01 the property Is: JEANETfE JONES AND LEROY JONES. llIEREfORE, NOTICE IS HEREBY GIVEN that I will at 10:00 A.M. on the date 01 May 3, 2000 , at the south front door 01 the Pitkin County Courthouse, 506 E. Main, Aspen, Colorado 81611 sodl at public auction to the highest and best bidder for cash; the real prap- erty described abo\'e, and all Interest 'd grantor(s), their heirs, successors and, lor the purpose 01 payIng the indebtedne.. . ,0- vided In said note and Deed of Trust, Attorney's fees, and expenses 01 sale, and will deliver to the purchaser a Certillcate ul purchase, all as pro- vided by law. THOMAS OKEN, Public Trustee of County 01 Pitkin March 16, 2000 First publication date: April I. 2000 Last publication date: April 29, 2000 Name 01 Publicallon: The AsVen Times James H. Downey Attorney lor the Owner 01 the Evidence of Debt. 333 West Hampden Ave., Suite 540 Englewood, CO 80110 (303) 788-9600 THIS COMMUNICATION IS FROM A DEBT COL- LECTOR. THE LAW OFFICE OF JAMES " DOWNEY IS ATTEMPTING TO collECT A DEB L ANY INFORMATION OBTAINED WIll. BE USED FOR THAT PURpOSE. 2200657//JEANETIE JONES/JEANETfr Published In 11> and 29, 2000. (6 P\.JuLol~ NOTICE N01'lCE OF PUBUC TRUSTEE. SA1..E- Sale No. oo.oa TO WHOM IT MAY CONCERN: Thfs Notfce Is given with regard ta the followfng described Deed 01 Trust: LETITIA M. JIME' Original Oranto NORWEST MO INC., A MINN'FSOTA CORPORATION: ~ ~I BeneRclary NORWEST BANK CULORADO, NATIONAL ASSO- ClATION, AS SUCCESSOR IN INTEREST TO NOR- WEST BANK ASPEN, AS ASSIGNEE OF NORWEST MORTGAGE, INC., A MINNESOTA CORPORA- TION: Current Owner of Evidence of Debt AUGUST 11, 19!M: Date 01 Deed of Trust AUGUST 12. 1994: Recording Date 01 Deed of Trust PITKIN: County 01 Recording BOOK 758, PAGE 384: Book and Page No. 01 Recorded Deed of Trust 373154: Receptloo No. 01 Recorded Deed of Trust YOU ARE HEREBY NOTIFIED that the owner of the evidence of debt, the original prin- cipal amount of which was One Hundred Fifty- Four Thousand, Eight Hundred and No/lOlls ($154,800.00) Dollars, and which Is secured by the Deed of Trust described above. has filed a written election and demand for sale as provid- ed in said Deed 01 Trust. The outstanding prin- cipal balance due and owing upon the eo'. -;e of debt secured by the above-descrlbed f Trust being loreclosed Is One Hundrea. .y- Five Thousand, Six Hundred Slxty-EIBht and 391100s ($145,668.39) Dollars, as o( March 20, 2000. The real praperty being loreclosed Is aU 01 the property encumbered by said Deed 01 Trust. and Is described as lollows: CONDOMINIUM UNIT 206, EAST COOPER TOWNHOUSE CONDOMINIUMS, ACCORDING TO THE MAP ntEREOF RECORDED JULY 15,1994, IN PLAT BOOK 35 AT PAGE 13 AND AMENDED JULY 22, 1994, IN PLAT BOOK 35, AT PAGE 22 AND ACCORDING TO THE CONDOMINIUM DEClARA- TIONS RECORDED NOVEMBER II, 1993 IN BOOK 730 AT PAGE 315 AND AMENDED JULY 19,1994, IN BOOK 756 AT PAGE 13 AND AMEND- ED JULY 22,1994 IN BOOK 756 AT PAGE 237. COUNTY OF PITKIN, STATE OF COLORADO. Also Known And Numbered AsJ 206 Lacet Court B2, Aspen, CO 816.11. TOGETHER WITH All. APPURTENANCES, FIX- TURES, RENTS, ISSUE'S, AND PROms. WATER, OITCH AND RESERVOIR R1Gtn"S, HOWEVER EVI- DENCED, APPERTAINING THERETO OR USFD IN CONNECTION lliEREWm-t. THE OEm OF TRUST BEING FOp....... nun MAY NOT BE A flAST UEN. : nIEREfORE, NmlCE IS HEREBY GIVEN that I will, at 10: 00 o'clock In the lorenoon of May 10, 2000 at the south frant door 01 the Pitkin C,. "v Courthouse, 506 E. Main Street, Aspen, ( of Pitkin, State of Calorado, seU at public a, , to the. highest and best bidder for cash, the real property described above. and all interest of said Grantor, her heJrs, successors and assigns, lor the purpose 01 paying the Indebtedness pr0- vided in the undertytng Promissory Note and Deed of Trust. attorney tees, and expenses of sale, and will deliver to the purchaser a Certlffcate of purchase, all as provided by law. DAn:D March 24, 2000 THOMAS OKEN, PUBLIC TRUSTEE OF mE COUNTY OF PlTKlN, STATE OF COLORADO By: Carol L. Foote BROWN, BERARDINI & DUNNING, P.C. DouRlas W. Brown, It 10429 1020 Ptarmigan Place 3773 Cherry Creek Drive North Denver, Colorado 80209 Telephone: (303) 329-3363 First Publication Date: 4 /lfOO Last Publication Date: 4129/00 Name 01 Publication: The Aspen Times Published In The Aspen Times April 1 8 15 22 29, 2000. (62135) " , , JONES AND LEROY -., AND LEROY JONES 1'ImesAprll 1.8,15,22, l;INGLE PERSON: - . !I I I I =~.;=-'-='~ -."".=.-.- , Iii_ ~c .'='.:.... .. 1: ----- ---- ='CI:n-._'~----"- iiiliililliiti"mu. ~!l!!'#~"" iE!lihf.e='iili?iiiTi""-::- r=-:."}"'-u=.~-:..-=-... ~--_...-.._- m1l:ftirllllll"IW"= il'''3llIa'Jli.o;;e",,'~'_' ~T""::"T.z.;r;:'~V- :::"..:r=-~r..:w;'.;'.:=::n.:.. ::~===.nJi_.. =;:;;;= ;;:","'-' ",'. &l&o ....... - , s..:azavn===~'== 'MIi~~ -:\: ..- 5!i~"" ,-:.. ...- !i.%NII;,l".1>:WC .;,,-=-:"';;~-=.H .~; +-r-a lb.hlhlt' published In The Aspen Times on April 22. 2000. (63591, 6.1606, 63607) Sectlon 30, Township II South, Range 84 West 01 the 6th PM. The application/resolution are avall- ahle for public Inspection In the Community Development Department, City Hall, 130 S, Galena St., Aspen CO 81611. For lurther Inlormatlun, contact Suzallne Wolff at (970)920-5093. Jeanette Jones, Deputy County Clerk Board 01 County Commissioners published In The Aspen Times on April 22, 2000. PUBLIC NOTICE NOTICE OF ELECTION 1_5-205,l_5-206(2)(b), C.R.S. TO WHOM IT MAY CONCERN, and, particularly, to the electors 01 the Brush Creek Metropolitan District 01 Pitkin County, Colorado. NOTICE IS HEREBY GIVEN that an election will be held on the 2ud day 01 May. 2000, between the hours of 7:00 a.m. and 7:00 p.m. The Board of Ilire<:tors 01 the District has designated the fol- lowinH polllng place: Snowmass Chapel and Community Center 5307 Owl Creek Road, Snow mass Village, Culurado At saId ele.- electors of the District shall vole lur D~ ~ serve the following terms 01 office on \ J 01 Directors 01 the District: Three (3) Directors lor a FOUR-Year Term 0111:: (I) Director lor a TWO-Year Term The names 01 pelllOns nominated and ternls of olllce lor which nominated are as Jollows: Stan Bialek fr'~ - "OUR-Year Term Jerry Schel' 'r a FOUR-Year Term George Ho' )' III lor a FOUR-Year Term Isabel Day I R-Year Term Steve Meyer 10... M ..OUR-Year Term Sezanne Tener for a FOUR-Year Term Stan Tener lor a TWO-Year Term H. Lawson Wills for a TWO-Year Term NOTICE IS FURTHER GIVEN that an eligible elec- tor of said District lor the purpose 01 said elec- tion Is a person registered to vote pursuant to the ~CoIorado Uniform Election Code of 1992;" and (l) who has been a resi~ent 01 the District for not less than thirty (30) days, ar 01) who, or whose spouse, owns taxable real or personal property within the District, whether said per- son resides within the District or not. A person who Is obligated to pay taxes under a contract to purchase taxable property within the District shall be considered an owner 01 taxable proper- ty lor the purpose of qualifylnB as an eligible elector. NOTICE IS FURTHER GIVEN that appllcauonslor and return of absent voter's ballots may be filed with Clleryl MOrKan, Deslgnaled Election Official 01 the District at P.O Box 6355, 15 Kearns Rd, Alpine Bank Building, Snowmass Village, CO 81615, between the hours; 01 9:00 a.m. and 4:30 i).m., until the close 01 business on the Friday Immediately preceding the regular election (Friday, April 28. 2(00). Brush Creek Metropolitan District By/s/ Cheryl Morgan, Designated Election Official Published In The Aspen TImes April 22, 2000. PlIBUC NOTICE PLEASE TAKE NOTICE that .J..L Ranch, an illinois General Partnership, has filed a Petition with the Basalt Water Conservancy District requesting the inclusion Into said District of the following described tands located In the County of Eagle, State of Colorado, to wtt: Lots numbered 3 and 4 01 Section 30, Township 7 South, Ran~e 85 West, 6th P.M. El/2 SEI/4 of Section 25, Township 7 South, RanBe 86 West, 6th P.M., according to the survey under which Patent was issued September 4, 1895. SE 1/4 NW 1/4 and the EI/2 SW 1/4 of Section 30, Township 7 South, Range 85 West, 6th P.M. W 1/2 SE 1/4 and the EI/2 SW 1/4 of Section 25, Township 7 South, Range 86 West, 6th P.M., according to the survey under which the Patent was Issued November II, 1909; El/2 NE 1/4 and the Wl/2 NE 1/4 of the SE 1/4 01 Sectlon 36, Township 7 South, Range 86 West and the NW 1/4 NW 1/4 01 Section 31, Township 7 South, Range 85 West, 6th P.M., and the W1/2 SW 1/4 of the NW 1/4 of Section 31, Township 7 South, Range 85 West, 6th P.M. according to the survey under which Patent was Issued September 20, 1920. Excepting therefrom a 36 acre parcel 01 land sit. uated III Section 36, TOWllShlp 7 South, Range 86 West and Se<:t1ons 30 and 31, Township 7 Soulh, RanBe 85 West, 6th P.M., Eagle County, Colorado, a surveyed description more fully describing this excepted parcells available lor copying and Inspection at the law olflces of Balcomb & Green. P.C.. 818 Colorado Avenue, Glenwood Springs, CO 8160l. Said Petlllun shall he heard at the regular meetlnH of the Board of Directors of said [}Istrict on 1st day 01 May, 2000 at 7:00 P.M. at the Country Inn, 1920 Cowen Dr., Carbondale, Colorada, when and where all Pf!rlons Interest- ed shall appear and show cause, In writing, why said petition shoutd not be granted. The failure of any person to file . written objection shall be taken as an assent to the inCluslop of the above described ~ within the District. Written ~_.--------" PUBLIC NOTICE OF A WAREHOUSEMAN'S SALE Notlce Is hereby given that under. and pursuant to the slatues 01 the State 01 Colurado giving warehollsemen a lien on goods deposited with them lor alllawlul charges and expenses in rela- tion to said goods and In accordance with the terms 01 a notice given to each of the loll owing named person the same being the respetli\'e owners or persoll on which a<.:counts the goods mentioned are ht::ld or who claim an interest in said goods the undersigned COLUMBINE STOR- AGE CENTER, INC. to satisly the claims for which it has a warehousemen's lien against in said goods will, beginning al the hour 01 10: OU a.m. on Saturday, May 6, 2000 at the Columbine Storage Center, Inc. warehouse located at 0930 Chambers A\'e., Eagle, CO sell by aucllon lor cash the following described goods to wit: 1.01 'AARONSON Sherry Aaronson. White table. 4 pictures, red suitcase, 2 foot stools, propane grill and tank, 4 chairs, desk and chair, scale, 2 black bar stools, 2 small wooden stools, cactus, 2 black pots, Burton snowboard, Volkl skis, ski 'poles, art glass pieces, golden trunk, 2 red chairs, brown 1001 box, black suItcase, ski poles. 4 tubes, 2 black stools, 2 metal wheels, metal table, curtains glass top table, bla(:k chair, black bench, lJ'a<.:k I"aall<: blot!, 6 bvok cartun.., 7 mt:e:ll. 11m cartons, 4 4.5 cartons. 5 large C<l.rtons. 2 small cartons, 3 dish packs and 3 wardrobe car- tons. 1.01 .&.IIk Roseanne Bank 161-21 powells Cove Blvd. Apt. 6L, Beechurst, NY 11357. 20 small car. tons, 4 flat cartons, 4 medium cartons, 3 larwe cartons, 8 plastic bags, I pair crosl country slds, 2 pair skis, 3 pictures. backgammon board and I dulOe bag. Lot ,CPM CPM Pbalop-apblc Salea, 321 Bullvllle Road, Montgomery, NY 12549. Tektronix Phaser 480 color printer. Lot .Fetzer- Suzanne Fetzer Goodwin, Box 8340, Avon, CO 81620. Dresser and large cabinet. LoI 'HELLER Peggy Heller, 201 Ocean Ave., Sanla Monica, CA 90402. Miscellaneous cartons, skis and poles, ski boots snowboard, white bag and boots. LoI .KING Maureen King, 901 Seneca Road, Great Falls, VA 22066. 24 small cartons, 2 plastic waste baskets, baby car seat, planter, wood col- lee table, wood trunk, garden hose. 3 plastic toys and a picture. Lot ISIranahao Mike Stranahan, 2 computer desks, 5 large cartons, 8 medium cartons, 2 small cartons, 4 blinds, wood &: steel stool, desk chair, wood nltestand and a metal & wood 1V stand. LoI MISCEUANEOlIS: #6125 king headboard, king mattress allll box spring, I mirror, 2 round side 6 tables with glass tops dresser with match- Ing mirror, hutch, table and swivel chair. '7099 4 chairs, green wing back chair, king lteadboard, armoire, 2 nltestands, Rreen sofa, leather loot- stool leather arm chair, round table, wicker arm chair, queen mattress and box spring, queen headboard and footboard, 3 drawer dresser, leather desk chair, small desk, metallloor lamp and a IarBe carton. #17S8 sola. #1828 dresser. published In The Aspen Times April 22, 29, May 6, 2000. (63498) PUBLIC NOTICE 01 DEVELOPMENT APPROVAL Nalice Is hereby given to the general publiC of the approval of a site specific development plan, and the creation of a vested property right pur- suant to the Land Use Code 01 the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots D & E, Block 18, City and Townsite of Aspen, by resolution 01 the City Council numbered 45, series 01 2000. For further Information contact Julie Ann Woods, at the Aspen/PIIkln Community Development Dept.,130 S. Galena St, Aspen, Colorado (970) 920-5090. Published In The Aspen Times on April 22, 2000. PUBLIC NOTICE RE: DEVANEY PARCEL 1041 HAZARD REVIEW, CONCEPT.1AL SUBMISSION, SPECIAL REVIEW, RF.ZONIN' , & CODE AMENDMENT AND GMQS EXEMPTION FOR A TOR RECEIVING sm: (P07- 00) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 24, 2000 at a reg- ular meeting to begin at 3.00 PM or as soon thereafter as the conduct 01 business allows, before the Board 01 County Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to consider an appllcallon submitted by Aspen Valley Land Trust'lrequesting approvallCl establish a.bulldlng envelulJe lor a single family residence on a 35.. acre parcel. A development right would be obtained by establishing the par- cel as a TDR receiver site. A portion 01 the par. cel must be rezoned lrom AF-SKI to AFR~ 10 In order to construct a single lamily residence. The property is located on. Castle Creek Road Is described as a parcel of land situated In the SW 1/4 SWl/4 of Section 29 and the SEI/4 SEI/4 of MEMORANDUM TO: Board of Adjustment Julie Ann Woods, Community Development Director QIJ., Sara Thomas, Zoning Office@) r. . THRU: FROM: RE: Chateau Chaumont Condominiums, Unit 7 A DATE: May 13, 1999 SUMMARYIBACKGROUND: The applicant is requesting a variance from the minimum lot area per dwelling unit (density) requirement in order to convert an existing condominium unit from office space to residential space. The Chateau Chaumont is a multi-family complex on a 12,000 square foot parcel, located in the Lodge/Tourist Residential (LT-R) zone district. The Chateau Chaumont was constructed in 1968 as a lodge and complied with the underlying zone district requirements in effect at that time. Since 1975, the Land Use Code has required that whenever kitchen facilities are installed in a lodge in the LT-R zone district, those units shall be deemed as multi-family units and the lodge shall be required to satisfy the minimum lot area requirements for a multi-family dwelling unit. Multi-family dwellings in the L T-R zone district are required to have 1000 square feet of lot area for each bedroom. Therefore, this 12,000 square foot parcel is permitted no more than 12 bedrooms. The structure currently contains 21 units with approximately 48 bedrooms and is considered to be a legal non-conforming structure. As the LT-R zone district allows only for customary accessory commercial uses for guests of uriits, the current use of the unit as a professionallbusiness office is considered to be a legal non- conforming use. The existing non-conformities may be maintained, but carmot be extended or enlarged. Unit 7 A was constructed as part of a residential unit in 1968. It was subsequently converted to office use in the early 1970's, according to the applicant, and has remained as office space since that time. The applicant states in his application that a number of Chateau Chaumont units have been converted from office space to residential space over the years. However, according to Building Department records, there appear to be only three units (#20, #22 and #23) that have received building permits for interior remodels and each of these permits were issued for remodeling of residential dwelling units, not office space. Should the variance request be granted, the conversion will still be subject to review under the Growth Management Quota System(GMQS) requirements as a "Change in Use". Section 26.102.040 of the Land Use Code requires that any change in use of an existing structure between the residential and commercial/office categories be reviewed and approved by the Planning and Zoning Commission. The P&Z may grant an exemption from the GMQS if it is demonstrated that the change in use will not negatively impact the neighborhood, and will mitigate for any impacts on affordable housing and parking. Please refer to the attached written information provided by the applicant for a complete presentation of the proposed variance. STAFF RECOMMENDATION: Staff recommends denial of the variance request finding that Review Standards #2 and #3 have not been satisfied. APPLICANT: Dale Eubank, represented by Michael Hoffman LOCATION: Unit 7 A, Chateau Chaumont Condominiums 731 East Durant, Aspen, CO REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title. Response: Granting the variance will not conflict with the goals of the Aspen Area Comprehensive Plan. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Response: Since the existing non-conforming use of Unit 7A as a professional/business office is permitted to continue, it is staff's conclusion that the building is already experiencing a reasonable use and therefore no variance is required. In addition, the zone district requirements allow for the unit to be converted to residential space if it were combined with another existing dwelling unit, as long as no additional bedrooms were created. This is the configuration that the space was originally designed for and would not require any variances. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. Response: The Chateau Chaumont is not unique in its non-conforming status within the LT-R zone district. A significant number of non- conforming structures exist in the L T -R zone district and staff is aware of a number of situations where other parcels have not been permitted to expand or to add additional bedrooms due to the zone district density requirements. Staff concludes that the existing circumstances do not cause the applicant unnecessary hardship or practical difficulty and, in fact, allow for a very viable use of the property. Denying the variance will not deprive the applicant rights commonly enjoyed by other parcels as the property can still be utilized fully. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: . Approve the variance as requested. . Approve the variance with conditions. . Table action to request further information be provided by the applicant or interested parties. . Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends denial for the minimum lot area per dwelling unit variance request to convert an office space to a residential dwelling unit, finding that Review Standards #2 and #3 have not been satisfied. RECOMMENDED MOTION: "I move to deny the request to vary the minimum lot area per dwelling unit to allow for the conversion of an office space to a residential dwelling unit at 731 East Durant, Unit 7A, finding that review standards #2 and #3 have not been met." ALTERNATIVE MOTION: "I move to approve the request to vary the minimum lot area per dwelling unit to allow for the conversion of an office space to a residential dwelling unit at 731 East Durant, Unit 7 A, finding that the review standards have been met, and that such conversion shall be subject to Change in Use approval by the Planning and Zoning Commission." c :/saratlhomelboake lly . doc NOTICE OF PUBLIC HEARING CASE #99-3 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. rfyou cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for vanance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetine: Date: May 13, 1999 Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Dale Eubank Michael Hoffinan Address: c/o Freilich, Myler, Leitner &Carlisle 106 S. Mill Street, Suite 202 Aspen, CO 81611 Location or description of property: Unit 7 A, Chateau Chaumont Condominiums, 731 East Durant Aspen, CO Variances Requested: The applicant is requesting a variance from the density requirements of the L T-R zone district to allow for the conversion of existing office space into residential space. Will applicant be represented bv Counsel: YES: X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman LJl>..W OFFICES FREILICH, MYLER, LEITNER & CARLISLE IN ASPEN COLORADO _-\1TORNEYSATLAW DAVIDJ. MYLER., p_c. ' E. MICHAEL HOFFMAN l SHANE J. HARVEY' 106 SOlITH MILL STREET SUITE 202 AsPEN. COLORADO 81611 IN KANSAS CITY.1.1ISSOURJ FREILICH. LEITNER.Jr; CARLISLE A PARTNERSHIP INCLUDING PROFESSIONAl CORPORATIONS ATIORNEYS AT LAW >.[lM!1'lmINCO' F ACSIMn...E (970) 920-4259 lELEPHONE (970) 920-1018 ROBERT H. FREILICH. p_e. ~l' MARTIN L. LEITNER. pe.' RICHARD G. CARLISLE. P.C. ' SlCPHEN 1. MOORE. PC.' S. MARK WHITE ~l KYLE E. FOOTE' ,>,1)I,(lI"!WINMo'.CA','<T',NC' CERTIFIED LAND USE PLANNERS MICHAELJ_ LAUER.AIC? JENNIFER K. BARRElT. AICP KIM S_ BROPHY. AICP April 26, 1999 Aspen Board of Adjustment Aspen Municipal Government 130 S. Galena Street Aspen, Colorado 81611 Re: Request for Variance - Chateau Chaumont Condominiums, Unit 7 A (the "Unit") Dale Eubank, Owner Gentlemen: By this correspondence Dale Eubank is requesting that the Aspen Board of Adjustment grant a dimensional variance to Unit 7 A of the Chateau Chaumont Condominiums (the "Project")', which he has owned and/or occupied for over 20 years. Mr. Eubank no longer makes use of the Unit as an office and he would like to utilize it occasionally as a place to stay when he comes upvalley from his home in Carbondale. The variance is needed because the City has taken the position that Mr. Eubank may not use the Unit for residential purposes, even though residential use is permitted in the L/TR zone district and despite the fact that 24 other condominium units in the Project are now used as residences. Mr, Eubank has attempted to sell the Unit "as is" for use as an office, but has not been successful in doing so, I. Proiect Back2round The City has taken this position because one of the dimensional limitations imposed on new structures in the L/TR zone districts relates to density. One thousand square-feet of lot area is required for each bedroom constructed in a multi-family dwelling. The Project is located on a 12,000 square foot parcel ofland,2 and houses many more bedrooms than would be allowed under current zoning, The current density of the Project would represent a violation of the Aspen Land Use The Project is located on the southwest side ofthe intersection of Original and Spring Streets. '. 2 Lots F, G, H and I, Block 107, City and Townsite of Aspen. FREILICH, MYLER, LEITNER & CARLISLE Aspen Board of Adjustment April 26, 1999 Page 2 Regulations, but for the fact that the density of the Project has been "grandfathered" as a nonconformity provisions ofthe code, At the time it was constructed in 1967 and 1968, Chateau Chaumont adhered to the density requirements of the zone district which then applied to the land. As approved, the Project required only 375 square feet oflot area for each unit, The Project was completed late in 1968. No units have been added since then. Because it was zoned C-I under the 1963 City of Aspen Zoning Code, certain commercial use could be made of the units. Under the Project's Condominium Declaration eight of the units were designated for both residential and business use. Me Eubank's Unit was among those eight, His Unit was first owned by Nick Coates, who used it as a residence for over two years. Mr. Coates then separated the Unit from its adjoining space and converted it to office use,3 Mr, Eubank has employed it as an office since the late 1970s. Even after zoning for the area no longer permitted office-type use within the zone district, many of the "Business Units" were utilized for that purpose as a nonconformity, All of the Business Units other than Mr. Eubank's have now been converted back to residential use. The last of these conversions was carried out in September of 1997.4 II. Standards for Grantinl! of Variance Section 26.108.040 of the Land Use Regulations establishes the standards to be applied by the Board of Adjustment in its consideration of a request for a variance. In order to authorize a variance from the dimensional requirements of Title 26 [ofthe Aspen Municipal Code] the Board of Adjustment shall make a finding that the following three (3) circumstances exist: I. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title; 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 3 A letter from Mr, Coates describing his use of the Unit is enclosed herewith as Exhibit "E". 4 Unit 23; which is currently owned by Jane Geddes and Gigi Fernandez. A building permit was issued by the City for the conversion of this unit back to residential use. FRULICH;MYLER, LEITNER & CARLISLE Aspen Board of Adjustment April 26, 1999 Page 3 3. Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. Mr. Eubank asks that you grant him a variance from the density limitation of the Code. We urge you to grant his request because each ofthe three required findings are present in this case. A. Consistency with Asnen Area Comnrehensive Plan The grant of a variance here is generally consistent with the purposes, goals, objectives and policies of the Aspen Area Comprehensive Plan ("AACP") and the Land Use Regulations. One of the "visionary themes" which underlay the 1993 AACP was to "revitalize the permanent population, to bring back local serving businesses into the Aspen Area and to revive the vitality that previously characterized Aspen. Imolicit in this vision is a recognition that density increases above current levels will occur within the City to accommodate this revitalization.'" Mr. Eubank recognizes that the density ofthe Chateau Chaumont Project exceeds that which would be allowed if development approval was sought today. However, it is an existing building and has housed visitors and locals for over 30 years. Conversion of his Unit will not cause an appreciable negative change for the community, Use of the Unit as an office generates traffic and other impacts for the neighborhood. Conversion to residential use may marginally increase some of these impacts and decrease others (such as traffic), More importantly, residential use of the Unit will allow Mr. Eubank to eventually sell it -- most likely to a local person or family. The Unit's physical characteristics, especially below-grade siting, will keep its sales price low, by Aspen standards. In keeping with the goals of the 1993 AACP, approval ofthe conversion of this unit to residential use will create a de facto affordable housing unit, one which allow the owner to participate in appreciation in the housing marketplace. The City has taken the position that Mr. Eubank's conversion of the Unit back to residential use requires a variance because the number of bedrooms in the entire Project exceeds that allowed under current zoning. If this decision is allowed to stand, its effect will be to substantially punish Mr. Eubank for the nonconforming aspects of the Project as a whole. That result is unjust. Over the past year Mr. Eubank has attempted, without success, to sell the Unit as an office, Real estate professionals have explained that there is little interest in office use of the Unit because most of those who might utilize it for that purpose have moved downvalley. If Mr. Eubank is not allowed to make residential use of the Unit, he will be denied the meaningful benefits of ownership of this property. The draft AACP Update of April 1999 properly voices frustration with this type of bureaucratic decision-making, "The relationships between the citizenry and the city government need improvement. More open and sincere communications are badly needed. . , . Rather than creating ., , 1993 AACP, p, 6. FREILICH, 'MYLER, LEITNER & CARLISLE Aspen Board of Adjustment April 26, 1999 Page 4 new rules we should creatively solve problems. Let's encourage more citizen-inspired contributions, while being sympathetic to excessive demands placed on our government. . . . We should become closer partners." Mr. Eubank's request for a variance from a regulation which deals not with individual condominium units but with the Project as a whole represents an opportunity for creative, cooperative problem solving. B. Minimum Variance for Reasonable Use of the Premises As mentioned above, demand for the Unit as an office has diminished over the years because professionals who might wish to make use of the space in that way have moved Down Valley, As also previously discussed, although use of the Unit for residential purposes may cause some negative impact on the neighborhood, traffic and other effects ofthe Unit may actually be reduced by a change to residential use. The bottom line, however, is that there are 24 units currently used for residential purposes within the Project. Residential use is appropriate for this property, C. Ratification of Staff Decision will Result in Unnecessary Hardship In evaluating a variance request, the Board of Adjustment must determine whether "literal interpretation and enforcement" of the terms of the code will cause unnecessary hardship or practical difficulty to the applicant. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan and the terms of this title to other parcels, buildings, or structures, in the same zone district6 There are special circumstances which are unique to the Eubank property which are not applicable to any "other parcels, structures or buildings in" the L/TRzone district, The Unit was built 30 years ago as part of a high-density Project. The Project was approved as a lodge. It was anticipated that every unit would be used primarily for residential purposes. A few of the units, including Mr. Eubank's, could also be utilized for office space. Over the past ten years, every other unit which had been used as an office has been converted back to residential use, Although the City did not deny any other unit owner the right to convert his or her property back to residential use, it 6 Land Use Regulations, Section 26, 108.040(A)(3). FREILICH. MYLER, LEITNER & CARLISLE Aspen Board of Adjustment April 26, 1999 Page 5 now seeks to block Me Eubank's efforts to follow suit. This problem exists not because of any fault on the part Mr. Eubank, but because the passage of time has obscured the general understanding that every unit in the Chateau Chaumont Condominiums was primarily intended for residential use. It would be unfair to prevent Mr. Eubank from making residential use ofhis property when there are 24 other units being used for that purpose in the same building. To Mr. Eubank's knowledge, no other unit in the UTR district faces this vexing problem. m. Conclusion For the reasons stated above, Mr, Eubank respectfully requests that the Aspen Board of Adjustment grant him a variance from the dimensional requirements applicable to the building in which his Unit is located so he may convert his property back to residential use. If the variance is granted, he will make all reasonable changes required by Community Development staff to bring the Unit into compliance with the current health and safety requirements of the Aspen Land Use Regulations. Sincerely, FREILICH, MYLER, LEITNER & CARLISLE E. Michael Hoffman cc: Dale Eubank '- " Attachment 8 State of Colorado } } } ss. AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.52.060(E) County of Pitkin I, MICHAEL HOFFMAN , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) ofthe Aspen Municipal Code in the following manner: I. By mailing of notice, a copy of which is attached hereto, by fust-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the ~ day of Apr il , 199 ~ (which is 15 days prior to the public hearingdateof Mav 13.1999). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from as posted and visible continuously from the 3 Qt@ay Ma y , 199~. (Must be posted for at least hotograph of the posted sign is attached hereto. {64 ;?- Signed before me this 11 tfuy of May 199~.by E. Michael Hoffman tZ)<fh6~ 2 APPLICANT: Dale Eubank, Represented by Michael Hoffman ADDRESS: 731 E. Durant (Unit 7A, Chateau Chaumont Condominiums) REQUESTED ACTION: Variance Pursuant to the Aspen Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the Board of Adjustment shall make a finding that each of the following three circumstances exist: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this title. The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: There are special conditions and circumstances which are unique to the parcel, building, or structure, which are not applicable to other parcels, structures, or buildings in the same zone district and which do not result from the actions of the applicant, or Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this title to other parcels, buildings, or structures in the same zone district. B\H1Br13 A -'COATES REID&WAIDRON Real Estate' Rentals' Property Management January 21,1999 David J. Myler Freilich, Myler, Leitner & Carlisle 106 South Mill Street, Suite 202 Aspen, CO. 81611 RE: Chateau Chaumont Condominiums Dear David, In conjunction with the initial construction of the Chateau Chaumont Condominiums in 1968, Units 7 and 7A were combined by a spiral staircase. Unit 7A, which is directly below Unit 7, was constructed with three (3) bedrooms, one (1) bathroom and a family room. The combined units were purchased by me upon completion and were occupied and utilized by me and my family as a residence for at least two (2) years thereafter. In 1970 or 1971 I removed the staircase connecting the two units and sold Unit 7. I retained ownership of Unit 7 A which remained vacant for a short period of time and was ultimately converted to office space. The conversion did not involve any major alteration to the configuration of the rooms within the unit. The rooms in Unit 7A which were previously used as bedrooms were simply converted to offices. In 1978 I sold Unit 7A to Dale Eubank who occupied and used it as a professional office space. ~~~7 ~eligh C. Coates, J~ SJQl\err h Aspen Office: 720 East Hyman Avenue. Aspen. Colorado 81611 . (970) 925.1400 . FAX (970) 920.3765 SnowmaJS Office: PO. Box 6450 . Suite 113. Snowmass Ceoler . Snowmass VillaQe. Colorado 81615 (910) 923-4700 . FAX (970) 923-4198 5/1.3 /C;O; CITY OF ASPEN BOARD OF ADJUSTMENT NAME OF PROJECT: lA ~ IT=fl==-q- u+AiEM-{ c -ti-fl--uMO N. I CITY CLERK: S-f\Ct.-tt::- Lo n+t ~ STAFF: S-A-f2..A Tt-to"^-A S WITNESSES: CD M.it<E ~64J ~ 'D4Le EUBkNt<. @ ~ WDL-Fo~ @ <ID @ Staff Report YES Affidavit of Notice "tE;s - G~s I ;d--/z;b-e prov:'cf-E>d ':'iD CL?ht AI JcfV1eN( S ) Board Criteria Sheet EXHIBITS: o 8) o t+off~ Cnterla.-'S h~s o Co ~ L-ETTE.1<.-... ~~J ~--:l2vJtc{ A'>/'~' VOTE: YEs--4- NO--L CHARLES PATERSON YES~O ~ RICK HEAD YES -)10 V HOWARD DELUCA YES.J:(NO_ JIM IGLEHART DAVID SCHOTT YE~O YES.k::NO_ YES_ NO_ BOAFORM,DOC O"';.~ E.~ 0: S' :;. (lQ :::::~ o 3 ::r ..., '" " ~ ~{lQ 2.",Oi ~o~ Ei ~ 0 ('1l -. I-+) .. c:r <: ~ <b ~ ::s ..... ::1. o.if~ ..., n " " ~ f;i' o _ ::l ::r ~" " ~. :: 2. rti 3 o :: ....,3 So<: ~ ~. '" '" ..., ::l n n ." " ~Vlcr"~""'~""1V1"O(J') ~ --g ft~. ~ 8: ~ a a S' <:: g a ::r ~ a: 0 ~ G' g ~ 0 ~ 0 0 ::s ~ VI ..... ::t.:l:! 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