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Home My WebLink Aboutlanduse case.boa.418 E Hyman Ave.019-84 -'i . /... )<:. ,Exl" /JI-f 8 j NOTICE OF PUBLIC HEARING .. CASE NO. 84-19 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 Council Room, City Hall, Aspen, Colorado, (or at such other pI ace as the meeting may be then adj ourned) 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 for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: Thursday, September 27, 1984 Time: 4:00 p.m. Owner for Variance: ADoellant for Variance: Name: Ann Hanessian Address: 125 North Eight Street Aspen, Colorado Nonny's Furs, Inc. 418 E. Hyman Aspen, Colorado Location or description of prQperty: Location: 418 East Hyman, Aspen Description: Lot 0, Block 88 Variance Reauested: Section 24-5.1(2). The aggregate sign area permitted along anyone street shall not exceed one square foot of sign for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. Applicant has interior space and no lot line frontage. Applicant is asking for a free standing sign measuring 21x33 inches for a variance of 4.81 square feet. Duration of Variance: Temporary _ Permanent x The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Barbara Norris, Deputy City Clerk ASPEN.PITKINUEGIONAL: BUILDI.cB DEPARTMENT ;<I/IIY ,A P'~' ~-I December 5, 1984 A. Hanessian & H. Hanessian Nanny1s Furs, Inc. 418 E. Hyman St. Aspen, CO 81611 Dear Mr. & Mrs. Hanessian: On September 27, 1984, Case #84-19, the City of Aspen Board of Adjustment unanimously denied your request for a 4.81 square foot, free-standing sign outside your business. It has been brought to my attention from a Board member and a physical inspection that you are utilizing that sign despite the Board's denial. This sign does not have a sign permit as required. Aspen Municipal Code, Section 24-5.11, "Permit required. It shall be unlawful to erect, construct, reconstruct, alter, paint, repaint or change the use of any sign as defined in this chapter without first obtaining a sign permit from the building inspector." Section 24-14.5 "Violations and remedies. (a) The erection, construction, reconstruction, alteration, moving, conversion or maintenance of any building or structure and the use of any land, structure or building which is continued operated or maintained, contrary to any provisions of this zoning code, is hereby declared to be a violation of this code and unlawful. (b) Any person or corporation, whether as principal, agent or employee, who violates any provision of this zoning code shall be, for each offense, punished by a fine of not exceeding three hundred dollars. ($300.00) or imprisonment for a period of not more than ninety (90) days, or both such fine and imprisonment. Each day any violation of this zoning code shall continue will constitute a separate offense. You are hereby ordered to discontinue the illegal use of the aforementioned sign within three (3) days of receipt of this letter. Your cooperation will b~ DPc~s8~ry an~ appreciated in order to ~vojd litigation. Sincerely, w~ William L. Drueding Zoning Enforcement Officer cc: Paul Taddune, City Attny. Hal Schilling, City Manager Francis Whitaker, Brd of Adj. WD/ar offices: 110 East Hallam Street Aspen, Colorado 81611 303/925-5973 mail address: 506 East Main Street Aspen, Colorado 81611 .... _.._ ._ _....."...... ..... _....'..,..... 11U,",U""""I\..I" DATE 8/15/84 . I , APPELLANT Nonny's Furs tn-c. ',' Aspen, colorad(1':- ;....~..:: , ',. .. .... " .' . ~ ': . '. CASE 110. ,fe'll/.J /.'Itf Y',/7' f 'f '. y, '1'1"/1 , CITY Of flSPEll . ADDRESS 418 E. Hyman AVenue, OW/UR Ann Hanessian PHONE ADDRESS 925-874~ villas of Aspen 125 No. 8th st. . Aspen. C@lorado 418 E. Hyman Avenue, Aspen Leaf Building "LacnTION OF p~aPERTY . . " LtJt 0, Block 88 lStreev & ~umber of Subdivision Blk.- & Lot No,) , . . Buildin1 Pe~mit"Application and prints or any other pertinent _ ~ata must accompany this application, and will be made part of CAS! NO, . .. ..TH~ BtjAl!D HILL RETURN THIS -APPLICATION IF IT DOES NOT CONTAIN Ale THE fACTS IN QUESTION, . DESCRIPTIOH ;QF PROPOSED EXCEPTION SHOHING JUSTIFICATIntIS: .. .' " " '." ",' , '. .,.,'. '.. 'Allowan'ce of a' freestanding sign as, . shown i.rl enclosed ph{)to~raphs, . ' .,'. . , . marked Exhibit A.' The sign prOper lneasu;r-es 2;1-'" x ~3".: The overall dimensions of the sign ana the supporting frame is ,35" x '41" which. is within t~e code. . , , ",.". '. ".. . . . .' '. '. ..Please refer to the attached whic~outl~nes tne r~asons I feel ,we' are. justified in having this'sign appro'fed by the City . Board of Adjustme?t. AA' ",." ' ' ., ,. . .. . .. . -A- __ " . " , ... .' , 'Will you be represented by cDuqsel ? , Yes No x SIGNED: fllAMA/ .~""d"'-'-/ Appellant ' . , . , " A " PROVISIONS OF THE ZONING OROINANCE REQlJlRING THE BUILDING INSPECTOR "TO 'DRHARD TKIS APPLICATION TO rHE BOARD OF ADJUSTMENT AND REASON. , FDRNOT GRANTING: ,~ ~<{~';"(>(2St'~~_. ~~:~ ~,~.::: ~~.~'i>~""r~~S~-~ri~ ~ ~~~U)P~ ~~~~~~~ f\.~..r-"~~tk;f)_:OL~ ~ ' '" ~14~~v.~., ,13-'''- ~-,'7'71,,' , '~~,'.~~p~~~Ah~~', - ~C;~~~~~s~,~ ~~l~~~~. , ~ V~ . ' 'I. .. Lf. 3'( +tr ~ .. . ..." ' . I ' .. ' ,'-.oAo """- ";", . , . , . . ~. . - . " , . . 'Status .. . , " PER~IT REjECTED,' ~^'TE . ~r(Jt.! APPLICAtiON FILED ' "HAllEn - :lECISION DATE IF HEARING .. , , DATE - . . SECRETA~Y . . 'W/q ASPEN.PITKINQEGIONAL BUILDt.~ DEPARTMENT Ex III /J d- C REGISTERED MAIL December 8, 1983 Nonny's Furs, Inc. Attn: A. Hanessian 418 E. Hyman St. Aspen, CO 81612 Dear Ms. Hanessian: This summer you placed a sign over the Hyman Street Mall without first obtaining a permit as required by the City of Aspen Municipal Code. At that time I advised you to leave the sign, but to immediately apply to the City Board of Adjustment for a variance decision. As I recall, you started that variance process with me, however, it appears that your application has been lost in the process. Your store is located such that it does not have any lot line frontage and, therefore, a sign cannot be placed over the Hyman Street Mall. The location where you placed your sign is in an area that another store has the signage right and they have expressed the desire to exercise that right. I must, therefore, require that you remove the aformentioned sign immediately. If you wish to re-apply to the City Board of Adjustment for another sign, I will see to it personally that your application is placed on an agenda for review by the Board. Although I am not aware of what happened to your original application, please accept my apology for the City if, through an error of ours, it has been lost. If I can be of assistance in obtaining a legal sign, please call me. , Thank you for you~ cooperation. ;', I Sincere:y, /)r,\ n /' WJk~~t~ william L. Drueding Zoning Enforcement Officer -e!c: Paul Taddune, City Attorney Wayne Chapman, City Manager WD/ar offices: 110 East Hallam Street Aspen, Colorado 81611 303/925-5973 mail address: 506 East Main Street Aspen, Colorado 81611 %1-17 o - - JUSTIFICATION OF PROPOSED EXCEPTION The enclosed letter, marked Exhibit C, outlines in part some of the background regarding our experiences relative to our efforts to have adequate signs. In addition to the facts in this letter, I would like the Board to be aware of other occurrences during 1983 and 1984 to date. When we moved to our present courtyard location, we went through a major leasehold improvement. This effort appeared justified at the time as a sign on the mall would help direct our customers down the courtyard to our entrance. As 90% of our sales are to out of state tourists, this type of signing would be critical to our success. When this Hyman St. mall sign was taken down in compliance with Exhibit C, it caused an immediate slowdown in traffic to our shop. We made an effort to offset this by increasing our ad- vertising budget. As furs are primarily an impulse purchase to tourists, we constantly were searching for ways to improve our sign situation. As we did not think about a freestanding sign, it was felt that we would re-address this problem again when we re-opened this summer. During the winter season of this year, to compound our diffi- culties, the door of the Takah Sushi restaurant next door was being left open with increased regularity during most of our business hours. This completely blocked any view of our entrance from the mall. This summer, as this condition continued to exist (see Exhibit B photographs) we entered into a series of conversations with them in an effort to find a solution. Unfortunately, we are at a standstill. We certainly are aware of their problems and they are aware of ours but no solution is even close and our only recourse appears to be a legal one which would be costly as well as destroying any good neighbor relationship. . The difficulty of locating our entrance will create a problem to both our customers and ourselves as we head toward the '84 - '85 winter season. Therefore, the only help we can hope for is the placement of the freestanding sign involved in this appeal. This is an attractive sign and stand (as shown in the Exhibit A photograph). We have not tried to dramatize this written presentation. Our ability to place this freestanding sign outside would alleviate some of the difficulties discussed as well as giving the mall pedestrian more visual information as they look down the courtyard. 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'\ , I I , I I I i " / / ,oj / ;;: " , ~ ;' -~.,.' -f:~ " , ,- '-1 -j 1 \ \ , I I NONNY'S FURS, INe, 12-81 418 E, HYMAN AVE, 925-8745 ASPEN. COLO, 81611 PAY TO THE "., ~ ~ .." ORDER OF r -, 0" -,(, /-t "/..... .7eA/ 12I_.J_ ",.", fil7~ - , ..-dI First National ..JIIlIL- Bank Mpen.. Colorado 81611 M(/IoIn .:100BOlobl,51: 005 l,105 'jI1I" -/1 i 112-164/1021 ,\ i I 1688 19~ ~.. -.._. ... $ "''' I /1>-- DOLLARS ~A4 . .rtlJ f.(.~t. IobBS i: , Ii I .~.,.--.,.'~ .~ .. . . , .,.... ---- ;v '.0' -, " ._._~,--~- -'1 I I i ------- .. . '" ~ ,