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Home My WebLink Aboutlanduse case.boa.210 N Mill St.004-86 , '"" ........- NOTICE OF PUBLIC BEARIlIG CASE 186-4 BEFORE THE CITY OF ASPEN BOARD OF ADJUSftEft TO ALL PROPERTY GlNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELGl: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council 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 24, 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, then 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 f or v ar iance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meetinv: Date: Time: March 20, 1986 4:00 P.M. Owner for Variance: J\ppellant forVari~: Name: Mr. Stoney Davis Caps Auto Supply 210 North Mill St. Aspen, Co 81611 Address: Location or description of propert;y: Location: Description: 210 N. Mill St. Block 85; Fractional Lots K,L,M,N Variance R~uested: Applicant is requesting a variance to permit it to raise a portion of the roof by six (6) feet. See Attached. Duration of Variance: Permanent Will ~licant be represented by connsel: Yes: xx No: The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Kim Wilhoit, Deputy City Clerk ('" . . NOTICE OF PUBLIC.Jmb.RIlilG CASE 186-4 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY <MNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELGl: Pursuant to the Official Code of l'.spen of June 25, 1962, as amended, a public hearing will be held in the Council 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 Adj ustment req uesting author ity for var iance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All- persons affected by the proposed variance are invited i..:.o a.ppear. and state- their views, protests or .obj~ctions. If you cannot appear personally at such meeting, then 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. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: Time: March 20, 1986 4:00 P.M. Owner for Variance: Appellant for Variance.:. Name: Mr. Stoney Davis Caps Auto Supply 210 North Mill St. Aspen, Co 81611 Address: Location or description of property: Location: Description: 210 N. Mill st. Block 85; Fractional Lots K,L,M,N Variance Requested: Applicant is requesting a variance to permit it to raise a portion of the roof by six (6) feet. See Attached. Duration or Varianc~ Permanent Will ap~licant be represented by counsel: Yes: xx No: The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Kim Wilhoit, Deputy City Clerk ,"" . ... PROVISIONS OF THE Z ONIlIG ORDINANCE REQUIRIlIG THE BUILDIlIG INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: Property is located in the "0" Office zoning category. Building contains a non-conforming use and is a non-conforming structure (encroaches in to set backs) Section 24-13.4(a) "No existing structure devoted to a use not permitted by this code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located". Section 24-13.3 (a) "No such non-conforming may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity. The above not withstanding, single-family and duplex structures which have been individually historically designated pursuant to sections 24-9.4, 24-9.5, 24-9.6, and 24-9.7 of the Municipal Code and which are non-conforming with respect to allowable floor area, may be enlarged, provided, however, such enlargement does not exceed the floor area of the existing structure as of the effective date of this ordinance by more than 500 s:{uare feet and also complies with all other area and bulk requirements of the code". Applicant appears to be requesting a variance to enlarge a non-conforming use by rai sing the roof approximately 6 feet. Applicant also appears to be requesting a variance to raise the roof which already encroaches in to the front and side yard. -- Date: February 19, 1988..., Appellant: Caps Auto Supp]v CITY OF ASPEN ~ase No.: 'i1{)-1 Address: Phone: Address: 210 North Mill Street 925-7528 Owner: Location of Property: 210 North Mill, Fractional Lots K, L, M, Ni Block 85 Aspen, Colorado (Street and Number of Subdivision Block and Lot No.) Building Permit Application and prints or any other pertinent data must accomPan~Jthis application, and will be made part of CASE NO.: :!:)if> - ';:f.. , THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS Applicant is requesting a variance to permit it to raise a portion of the roof by six (6') feet. See attached. ~ . . . Hill you be represented by counsel? Yes -L- No GARFIELD & HECHT~ ~. ~ ,;\ , BY: ~~ Wt/ ) . (Applicant's Signature) Clifton D. Burdi k, No. 12739 , ==JillJ~!=~B=~~~g~======================================================== ~~f~BhO~~?or~~83)8~~~~1936 ' PROVISIONS OF THE, ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: ~ 7ftfq;d:u~ ~atus ), h PERIHT REJECTED, DATE ~ ~'t5 APPLICATION FIL~ -2(~'~~ HAILED ~. a5~ ..... ........- ,.-.. .""''I.,.....-.~., PROVISIONS OF THE Z ORIlIG ORDINANCE REQUIRIlIG THE BUILDIlIG INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMElft AND REASON FOR NOT GRANTIlIG: Property is located in the "0" Office zoning category. Building contains a non-conforming use and is a non-conforming structure (encroaches in to set backs) Section 24-13.4 (a) "No existing structure devoted to a use not permitted by this code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located". Section 24-13.3 (a) "No such non-conforming may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity. The above not withstanding, single-family and duplex structures which have been individually historically designated pursuant to sections 24-9.4, 24-9.5, 24-9.6, and 24-9.7 of the Municipal Code and which are non-conforming with respect to allowable floor area, may be enlarged, provided, however, such enlargement does not exceed the floor area of the existing structure as of the effective date of this ordinance by more than 500 s:{uare feet and al so compl ies with all other area and bulk requirements of the code". Applicant appears to be requesting a variance to enlarge a non-conforming use by raising the roof approximately 6 feet. Applicant also appears to be requesting a variance to raise the roof which already encroaches in to the front and side yard. -~ .....~,---~-'--.....-"_.._~~^._~~-~~'......-~...<--.--,.~<. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATION Caps Auto Supply is a retail auto parts store located in the 0 Zone in the City of Aspen. The building was built prior to the current regulations and is a non-conforming structure because the west wall is built within the currently required set-back from Mill Street. The retail use of the structure is a non-conforming use for the zone in which the building is located. Since the property is non-conforming, the requested variance is necessary for Applicant to raise a portion of the roof of the structure. The strict letter of the zoning laws and regulations as applied to Applicant results in practical difficulties, unnecessary hardships and injustice and deprives Applicant of the right to the reasonable use of the property permitted to others in the same vicinity. The Applicant desires to raise a portion of the roof of the building by six feet. The area under the roof within the structure is currently being used for storage and is accessed by employees on a regular basis to obtain stock for customers. Because of the building's inadequate storage space, such storage area is utilized to its maximum capacity. Although there have been no injuries, employees have expressed concern that because of the low height of the roof and maximum utilization of the storage space, carelessness on their part could result in injury to the employees and even without carelessness the circumstances deprive Applicant of the use of its property and present a constant burden and hardship to the employees. Other property owners in the same vacinity are permitted to use their property for retail shops without requiring variances for minor changes such as requested by Applicant. Therefore, the effect of the requested variance will be to permit Applicant to enjoy the substantial property rights enjoyed by others. The six feet increase in height of the roof represents a minimum variance required to make the ceiling height reasonable and safe for employees and the resulting roof height will be within the height restrictions for the zone in which the property is located. The requested variance does not increase the impact of the non-conforming use on the community. Applicant is therefore requesting a minimal variance. The variance requested herein observes the spirit of the zoning ordinances, secures public safety and welfare, and will result in substantial justice being done. The existing low roof makes it impossible for Applicant to enjoy the reasonable use of its property. The special conditions and circumstances herein do not result in the actions of the Applicant and do not apply similarly to the other properties in the same vicinity. The requested variance will not have any adverse impact of any kind on the community. The raising of the roof height will not increase density, will not increase parking needs, and will not change the use of the property. The variance requested will improve the quality of the Aspen community including the quality of work conditions for employees. The granting of the requested variance will not adversely effect the general purpose of the comprehensive plan. The granting of the variance requested is essential to permit -2- Applicant to enjoy substantial property rights enjoyed by others in the same vicinity and to improve the quality of work conditions in the Aspen community. Mr. Stoney Davis will be available to show the location of the proposed increase in roof height upon request. Mr. Davis can be telephoned at 925-7528. -3- , ~0 ( ~~~ cJgyJt ~ ' IfV't:{IVb~ z ( -, <:;:/ ~I / ~ ;7/) k ~ <1 ~..-'~~ ' /jif? (~ 0~ rL-PJ/,,-EvJi ~ ''''''-' .,--.'-",.."""-...,-~,, 9'/lG\~ ~ kCeJ:tc(7 ~ '+ (~ '0 {I orCc~ 2e}~7. ~e-~' -~ cA.- N rn--..- ~ ~O;l\~ ~v ~ ~~ S'~(~~ ~ ~ t.,~) 'S.~~ 2~- 1'3, ~@.) ~~ ........ ~ ~ ~ I..{- ):1 ~ 3CQ.) ~ fu- [-LcJ- - etV~ ~~ ~ ~ ~~.~y~t-o ~<i.t 0.. ~- ~ k::>1 rf2-~ ~ ~ 0.\; (i ~.. ct~v-J-: a.6 ~f-~~ ~ ~ ,.tU-~~ ex. V~ tv ~{L .b-P CN~ ~ ~~ <Mk ~ -~~t9-sZh ~d, L / ;Y"'cP ~lI2~ Qz;~ I' , . 4 c ......... ,-"' CAP'S AUTO SUPPLY, LTD 210 NORTH MILL STREET ASPEN, COLORADO 81611 CITY OF ASPEN -- BLOCK 78 Elder, Reinhard N. 202 North Monarch Aspen, Co. 81611 ./' LOTS: K, L, M, N 0 -------------------------------------- -------------------------------------- Hodgson, Philip R. and Patricia H. 212 North Monarch Aspen, Co 81611 ~ LOTS: South 62' of Lots A, B , C. -------------------------------------- -------------------------------------- Abels, J. E. BOX 4707 Aspen, Co. 81612 / LOTS: Units 1 and 2, Monarch North Condominium -------------------------------------- -------------------------------------- Aspen Savings and Loan Association BOl{ 8207 Aspen, Co 81611 ~. LOTS: Part of D, E, F, G, H, I. -------------------------------------- -------------------------------------- JEROME PROFESSIONAL BUILDING ~ Sharpe, Norton 11450 Ayrshire Road Los Angeles, California 90049 UNIT: lA -------------------------------------- -------------------------------------- Larson, Karl G. and Madelrine 2425 South 162nd Street New Berlin, Wisconsin 53151 / , c UNIT: lB ====================================== Lightner, Larry c/o Gary A. Wright 201 North Mill Street #106 Aspen, Co 81611 UNIT: lC UNIT: lD UNIT: lE ~ ====================================== Rocky Mtn. Equity & Mortgage Co. Bo>: 11689 Aspen, Co 81612 UNIT: lF /' ====================================== Muller, J.D. BOX 4361 Aspen, Co. 81612 UNIT: lG v ====================================== ~. Edwards, Joseph E., Jr. 201 North Mill Street #109 Aspen, Co. 81611 UNIT lH UNIT 11 ====================================== Sachs, Jeffrey H. 201 North Mill Street Aspen, Co. 81611 UNIT: 2A UNIT: 2B UNIT: 2C /' ====================================== Seigle, Jon David 201 North Mill Street Aspen, Co 81611 UNIT: 2D UNIT: 2E V' ====================================== Klein, Herbert S. & Marsha L. 201 North Mill Street Aspen, Co 81611 .~. '..... ,..,./ ,... ....... UNIT: 2F UNIT: 26 -------------------------------------- -------------------------------------- Cassens, Richa~d H. & Ca~ol S. 31645 South Canyon Ci~cle Eve~g~een, Co 80439 ~ UNIT: 21 UNIT: 2J ====================================== Tzo~is, Ltd, A Colo~ado Co~po~ation Bm' 77 Aspen, Co 81612 ~' UNIT: 2K -------------------------------------- -------------------------------------- -------------------------------------- --p------------------------------------ TRUMAN SUBDIVISION T~uman Aspen Co. A Limited Pa~tne~ship 4355 Davidson Rd. Amlin, Ohio 43002 / -------------------------------------- -------------------------------------- CITY OF ASPEN BLOCK 79 Je~ome Palace Ltd. Pa~tne~ship c/o Ma~ket Co~p Real. Estate Inc. 2115 Main St~eet Santa Monica, Calif. 90405 v LOTS: ABC D E F G H I and East 20' of N -------------------------------------- -------------------------------------- -.. ---' .. , ., . to"..... Jerome Palace Limited Partnership c/o Market Corp. Real Estate, Inc. 285 Riverside Ave. Westport, Connecticut 06880 v' LOTS: ABC D E F G H lOP Q R Sand East 20' of N -------------------------------------- -------------------------------------- Jerome Palace Limited Partnership 1450 Crystal Lake Rd. Aspen, Co. 8161.1 / -------------------------------------- -------------------------------------- Bergman, Carl R. & Catherine M. Bm: 1365 Aspen, Co / LOTS: K AND West 1/2 of L ====================================== Mountain States Communications Bm: E Aspen, Co 81612 / LOTS: M AND West 10' of N -------------------------------------- -------------------------------------- -------------------------------------- -------------------------------------- C ITV OF ASPEN BLOCK 86 Pi t ki n Count. y 506 East Main Aspen, Co 81611 / LOTS: ABC D E plus --- -------------------------------------- -------------------------------------- First Aspen Corp. POBOX 3318 Aspen, Co 81612 / LOTS: M N 0 P Q R S and East 1/2 of L -------------------------------------- -------------------------------------- Schainuck, Lewis I / c """' .J 3805 Sandune Lane Corona Del Mar, Calif. 92605 LOTS: Mill & Main Condominiums -- All Units. --.------------------------------------------ -------------------------------------------- .--- r.larch 17, 1986 Board of Adjustment City of Aspen 130 S. Galena Street Aspen, Colorado 81611 TO WHOM IT MAY CONCERN As property owners of units 21 and 2J of the Jerome Professional Building we have received notice of and are aware of the proposal by Cap's Auto to remodel their building on North Mill Street including the raising of the roof by approximately 6 feet. We have no objections to the proposal and would so state for the record. Sincerely yours, %J~ ~~<L" ~ Richard H. Cassens 31645 Canyon Circle Evergreen, Colorado 80439 r-- LAW OFFICES JOSEPH E.EOWAROS,JR, THE .JEROM~ PROFESSIONAL. BUILOINO SUITE 109,201 NORTH MILL STREET ASPEN. COL.ORACO 8lell .JOSEPH E. EDWARDS, .JR. ..JOSEPH E. EDWARDS, III TEL~PHONE (303) 92S-71U5 March 12, 1986 Board of Adjustment 130 South Galena Aspen, Colorado 81611 Re: Cap's Auto/Six-Foot Height Increase to Roof Line Dear Board, I am an adjacent property owner across Mill Street from Cap's Auto Supply and have a ground level window facing east towards Smuggler Mountain and Independence Pass. The purpose of this letter is to advise you that I have no objection of Cap's to increase its roof height by six feet to provide more walking space in the second floor of their building. Very truly yours, r ..-- LAW OFFICES WRIGHT & SCHUMACHER JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET, SUITE 106 ASPEN. COLORADO 8161 1 GARY A. WRIGHT B. LEE SCHUMACHER TELEPHONE 303-925-5625 6 March 1986 Board of Adjustment for the City of Aspen 130 South Galena street Aspen, Colora:'io 81611 Re: Cap's Auto Supply Variance Request To 141an it may concern: My IlllIle is Gary Wright and I am an m.ner of office condanini\IllS located in the Jerane Professional Building located at 201 N:>rth Mill street. I have received a Notice of Bearing set for 20 March 1986 and unfortunately will be unable to attend. Consequently, I am writing this letter to give my strong suWOrt to the request of Me. Davis to extend the overall building heigth by six feet. I have reviewed the plans and believe that it would be a visual improvement to the N:>rth Mill street corridor. I am informed that this is zoned office but was used as an auto supply before the zoning went into effect; that this structure is a nonconforming use due to subsequent zoning and I believe it is in the best interest of our ccmnunity to grant the requested variance. '!hank you for your consideration. Sincerely, bY.~ . Gary' . wnght - GAW/vs ee: Andy Hecht stony Davis --- First National Bank T. S. Slarodoj, II President in Aspen The BetterBan~" March 20, 1986 city of Aspen Board of Adjustments 130 South Galena Aspen, OJ 81611 Gentlemen: It is my understanding that Cap's Auto SUpply wishes to add a sto:ry to the building which would raise their overall height by approximately six feet. First National Bank, as a neighboring property owner, has no objection to this request. ....s;:; ~~~_ / ~ ~. Thomas S. Starodoj President TSS:ned CC: Cap's Auto SUpply First National Bank P. O. Box 3318, 420 Main Street, Aspen, Colorado 81612 303/925-1450 ~LCENTRAL BANCORPOAATlON.INC MEMBER FEDERAL DEPOSIT INSURANCE CORPORATION ~.-.~._--.--_. -._-~,-- ..-~_. ----. . Count.y of PiU;in ) ) 5S. ) AE'FIDAVIT OF NOTIC~ BY 20~lT1NG OF 1\ VARIAN:E BSARING HEr-ORE ~.'HE CI~Y OF ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 2-22(c) of the Mu~icipal Code) State of Colorado ~'he unders:'Jned, being first. duly s\>orn, c3eposes and says as foJ.10\~s : 1. I, D. stone Davis "( print name) , !:>eing 01: rcprpscrlting an Applicant before the City of Aspen Board of Adjustment, personally certify that the attached photograph faIrly and accurately represents the si';p1posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen fr.om the nearest public way) and that the said sign was posted and visible continuously fro!\: the 28 th day of February 19 86 , to the _20__~~ day of Match , 19 8'6. (Hust be posted for at least ten (10) full days before the hearing date). APPf.ICANT ~ S1.gnature Subscribed and sworn to before me this 212- day of j1?c;l.A"'~ _, 19.1JL.., by )), STVoE: )::,A VIS WITNESS MY HAND A.'m OFFICIl'.L SEAL. My commission expires: <J J/CJ-/gb ~'.~d..: . Notary Public ~ Address