HomeMy WebLinkAboutlanduse case.boa.909-923 E Cooper Ave.016-84
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NOTICE OF PUBLIC HEARING
Case No. 84-16
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY OmlERS AFFECTED BY THE REQUESTED ZONING OR USE VMU2\11CS
DESCRIBED DELOT!:
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 Doard of Adjustment requesting authority
for variance fro;n 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 vie\'is by letter, particularly if you have objection to such
variance, as the Board of Adjust;nent 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 f0110lvs:
Date and Time of Meetina:
Date: Thursday, August 2~ 1984
Time: 4:00 p.I:!.
OWner for Variance:
Appellant for Variance:
name:
Address:
C.M. Clark/Alexander Kaspar
300 \1. Bleeker
}\,spen, CO 81611
Commerce Realty Corp.
c/o Holland and Hart
600 E. [lain Street
Aspen, CO 81611
Location or description of property:
Location: 909-923 East Cooper Street
Description: lots C,D,E,F and G, block 118, city of Aspen
Variance Reauested: Property is located in the R/MF zone district.
Section 24-3.4: area and bulk requirements. f.jaximum height in the R/IIF
zone is 25 feet. Applicant appears to be requesting a 3 foot height variance
to a maximum height of 28 feet.
Duration of Variance:
Temporary
PerI[\anent -'L
The Ci ty of Aspen Board of Adj ustment
130 South Galena Street, Aspen, Colorado 81611
Remo Lavagnino, Chairman Barbara Norris, Deputy City Clerk
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CASE 110. ..Kt./-/~
~/o HOlland.& Hart,
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pATE June 29, 1984
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Ai'PEtLA/IT Commerce Realt'y, Corp'.
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ADDRESS
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C. M. Clark &
Ale~ander Kaspar
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_ADDRESS 300 W. BleekerSt:
~spen, Colorado 81611
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LQCRTION OF PRGPERTY Lots c, D, E, F and G, Block 118, City~f Aspen
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909~923 East Cooper St." Aspen, Colorado
.(Street. &. Number of Subdivision SH.., 3. Lot No.)-
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BUilding Permit'Application and prints or any other pertinent
~ data must accompany this application, and will be made part of
CASE /l0.
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' THE BOARD WILL RETURN THIS.APPLICATION IF IT DOrSNOT CONTAIN
All THE FACTS IN QUESTION.
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DES[RIPTIOil CF PROPOSED EXCEPTIOn SHmmlG JUSTIFJCATInns:
Please. refer to the Variance' Request. and .
Justifications for Variance attached.hereto
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'Will you be~presented by couqsel ?
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Yes x No .
SIG NED: (;;:~~/.-' j tJ-<~~~ _
, . pe 11 ant f<::>r Commerce Realty
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~R:lIT ~EjECT(D " or:"iE2/.li.~DEClsrON .. ~OATE:
'LIeAlION F!lrD " DATE If HE^RING
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PROVISIONS OF THE ZONING CRDINIUlC[ REQUIRING THE BUILDING INSPECTOR :
. TO 'lOR,IARD TffIS APPll ATIDN TO THE BOARD OF- ADJU,'STNEllT AND, REASON -'" fJ.. ". I
fOR NOT GRANTING: f- Co ~:J ',~ fL.R/>>tL F- ?~' cLo~ !
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County of Pitkin
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State of Colorado
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AFFIDAVIT OF NOTICE BY rOST'ING Of
A VARIANCE HEARING BEFORE THE
CI'l'Y OF ASPEN BOARD OF ADJUSTMENT
(Pursuant to Section 2-22(c) of
the Mu~icipal Code)
The undersigned, being first duly sworn, deposes and says as
follows:
,
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I, L;-o~P/E
(print name)
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, !:>eing or
representing an Applicant before the City of Aspen Board of
Adjustment, personally certify that the attached photograph
fairly and accurately represents the sign ,posted as Notice of the
variance hearing on this matter 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
19th day of
July
, 19 84 , to the
~
1st
day of
August
, 19~. (l<iust be posted for at
least ten (10) full days before the hearing date).
. APPLICANT
subscr~d
th~ I.l -
19a, by
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WITNESS MY HAND &~D OFFICIAL
SEAL.
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July 26. )84
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Aspen Board of Adjustment'
Gentlemen.
1
The Old Hundred Condominiums ~
are located at 900 "ast Durant, across the "
street and a short distance west of the
property for which variance is requested.
The Association is opposed to the 3 ft.hri~ht
increase for the follmw~ng reaso~s.
Any height increase would restrict
the view of the mountains to the south and
east from Old Hundred apartments and thus
reduce their attractiveness and value.
The higher the buildings along
Aspen streets the more the residents and
visitors are confined to urban canyons and
denied the full daily enjoyment of the
Roaring Fork valley.
In general only variances that bene it
the community in some way should be granted.
and those that benefit only the owner by his
!lleasure:or profit should be denied.
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UTE CITY PLACE
VARIANCE REQUEST AND JUSTIFICATIONS
FOR VARIANCE
Variance Request. Commerce Realty Corporation, developer of the
Aspen Mountain Hotel, wishes to convert the Ute City Place proj-
ect into an employee housing project containing twenty-two
employee housing rental or sale units to meet part of the Hotel's
employee housing requirement.
A variance is requested to permit the building height of the
Ute City Place to exceed the present 25 foot height limitation.
When the previous development application for Ute City Place was
approved, the project complied with the height limit in the zone
district of 28 feet. Since that approval was granted, the height
limit has been reduced to 25 feet. It is impossible to lower the
building height without reducing the number of units. If the
variance is granted the development will provide 22 employee
housing rental or sale units on five City lots as part of the
Aspen Mountain PUD employee housing requirement, with 100% of the
building being devoted to empoloyee housing. If the variance is
denied, the current owners will proceed with the development of
8 free market units and 14 employee units.
Justifications for Variance. In 1981, the present owners of the
real property, C. M. Clark and Alexander Kaspar, received a resi-
dential GMP allocation for a proposal to construct 8 free market
units and 14 employee units on the property. Subsequent to the
granting of the allocation, the City granted conceptual and pre-
liminary subdivision plat approval, preliminary exemption from
GMP competition for the employee units and first reading approval
of an ordinance to rezone the property from R/MF to R/MF/RBO
thereby permitting the developer to receive the benefits of the
Residential Bonus Overlay (an increase in the number of employee
units) .
Later in 1981, the City imposed a moratorium on projects in
the R/MF zone district while considering zoning code amendments
for the district. In September, 1981, however, the City granted
Ute City Place an exemption from the moratorium and allowed the
project, as originally proposed, to proceed with final develop-
ment reviews. Final approvals, including approval of the Resi-
dential Bonus Overlay, were granted by the City on September 28,
1981.
Following final approvals, the previous applicants prepared
and submitted for building permit review, plans and specifica-
tions for the proposal. Because of some apparent confusion and
miscommunication during the review process, however, a building
permit was not obtained within the time frame specified in the
growth management regulations.
In February, 1984, the previous applicants requested and
were granted by the City an additional period of 180 days to
obtain a building permit from the Building Department. That
extension terminates August 7, 1984. Mr. Clark and Mr. Kasper
are preparing to proceed with the previously approved project and
construct the 8 free market units and 14 employee units in the
event that this revised application does not receive City
approval, including the variance sought by this application. We
believe it to be in the best interests of the City to vary the
height limitation in order to permit the construction of the
employee units.
For comparison purposes, in addition to the conversion of
the 8 free-market units included in the previously approved proj-
ect to employee unit status, this application includes a
reduction in floor area from approximately 20,417 square feet to
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16,845 square feet (17.5%). Site open space has been increased
from approximately 2,648 square feet (18%) to 3,422 square feet
(23%). Based on the current method of calculating FAR, the FAR
of the previous proposal was 1.34 as compared to 1.10 under the
new proposal. Height remains at 28 feet, the same as under the
previously approved project.
In summary, when the previous application was approved, the
project complied with the height limit in the zone district of
28 feet. Since that approval was granted the height limit was
reduced to 25 feet. Since it is impossible to lower the builidng
height further without reducing the number of units, thereby
depriving the applicant and the City of needed price-restricted
employee units, request is hereby made for a variance of 3 feet
from the height limitation of 25 feet. Please see the attached
revised site plans and elevations and detailed comparison of the
revised apartment floor areas.
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p.O, box 88 I Zip cocle 816111 phone Sos-sees-sela
jack. m. vvalls arohitect aspen, colorado
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May 2, 1984-
UTE CITY PLACE REVISED APARTI1~liT FLOOR AREAS
ORIGHrAL BLDG.
GARDEN LEVEL ------ 4 - 1 Bedrm. Apts.
>>fPLOYEE lnTITS @ 818.4 S.F.ea.
2 - 1 Bedrm. Apts.
@ 633.6 S.F.ea.
FIRST FLOOR -----~- 2 - 2 Bedrm. Apts.
EMPLOYEE UNITS @1135.2 S.F.ea.
4 - Studio Apts.
o 567.6 S.F.ea.
SECOND/THIRD ------- 2 - Studio Apts.
FLOOR ll1PLOYEE IDlIRS @ 648 S.P.ea.
6 - 1 Bedrm. Apts.
@ 1095.6 S.F.ea.
2 - 2 Bedrm. Apts.
@ 1316.2 S.F.ea.
TOTAL FLOOR AREA
APARTT'!hl.TS m,LY
19,583.60 S.F.
REVISED BLDG.
2 - 1 Bedrm. Apts.
@ 684.8 S.F.ea.
2 - 1 Bedrm. Apts.
@ 672.9 S.F.ea.
2 - 1 Bedrm. Apts.
0601.12 S.F.ea.
2 - 2 Bedrm. Apts.
G 917.3 S.P.ea.
4 - Studio Apts.
@ 452.7 S.P.ea.
2 - studio Apts.
@ 519.7 S.P.ea.
4 - 1 Bedrm. Apts.
'!i' 866.6 S.F.ea.
2 - 1 Bedrm. Apts
@ 878.04 S.F.ea.
2 - 2 Bedrm. Apts.
@ 1040.9 S.F.ea.
15,906.74 S.F.
TOTAL ABOVE GRADE BUILDING
FLOOR AREA AS PER G.M.P.
APPLICATION IN 1980 ---------------------------- 15,876.5 S.F.
REVISED ABOVE GRADE BUILDING
FLOOR AREA ------------------------------------_ 12,924.5 S.P.
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pitkin cDunty
506 east main street
aspen, colorado 81611
Board of Adjustments
City of Aspen
130 South Galena
Aspen, Colorado 81611
RE: Ute City Place Employee Housing Project Height Variance
Dear Chairperson:
Commerce Realty Corporation, developer of Aspen Mountain Hotel,
has applied, pursuant to Section 2-22 of the Aspen Municipal
Code, for a variance from the height limitations of the underlying
zone district. The developer wishes to acquire the ute City
Place Project situated at 909-923 East Cooper (Lot C, D, E,
F and G, Block 118) and convert the project to a hundred percent
employee housing sale or rental project. The project would
reduce the size of the original ute City Place Project from
20,400 sq. ft. to 16,850 sq. ft. with a 28 ft. height.
The developers application for a variance was presented to the
Housing Authority Board on July 12, 1984. Charles T. Brandt,
representative of the Commerce Realty Corporation requesting
a letter of support the Housing Authority endorsing the variance
application. The Housing Authority unanimously endorses the
developers request for a variance from the height limitations
of the underlying zoned district for the following reason:
1. The conversion of the mixed free market employee housing
project to one hundred percent employee housing would
be in the best interest of the community and consistent
with the mandate of the Housing Authority to provide
affordable housing for persons employed in Aspen and
Pitkin County.
2. The units would be deed restricted to moderate employee
guidelines for sale and rental units.
3. The requested variance would not reduce the unit count
22 units and would be in compliance with all appropriate
building codes.
Thank you,
,
Sinc y,) / /~ ~
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James L. Adamski
Director of Housing
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RBSOLU'UON OF 'l'BB ASPEN PLAHNING' AND ZONING COMMISSIOlll
BRDORSING A REQUEST BEFORE THE BOARD OF ADJUSTMENT FOR A
VARIANCE FROM 'l'BE APPLICABLE HEIGHT REQUIREMENT FOR THE
CONSTRUCTION OF 'l'BE UTE CITY PLACE EMPLOYEE HOUSING PROJECT
Resolution No. 8
(Series of 1984) , -'t
WHBREAS, in 1981, C.M. Clark and Alexander Kaspar received: a
residential GMP allocation and related li:lnl3 use approvals for the
construction of a twenty-two (22) unit mixed free-market/employ;ee
housing project known as Ute City Placer and
WHEREAS, American Century Corporation, Commerce Savings Association,
Alan R. Novak and Robert Callaway (hereinafter referred to as the
"Applicants") have proposed to acquire and convert the Ute City Place
project to a one hundred (100) percent deed-restricted employee housing
proj ect in partial fulfillment of their employee housing commi tmE:nt
for the Aspen Mountain PUDr and
WHEREAS, the Aspen Planning and Zoning Commission (hereinafter
referred to as the "Commission") has endorsed the Applicants' proposal
and has forwarded its recommendations to the Aspen City Council,
all as set forth in Resolution No.6, Series of 1984r and
JfBBREAS, subsequent to the review and approval of the or iginal
Ute City Place' project, the Commission did recommend and the City
Council did amend the City I S land use regulations so as to reduce
the -height limitation of the underlying zone district in which the
project is located from twenty-eight feet (28') to twenty-five feet,
(251) rand
'WHBREAS, the Applicants have indicated that it is impossible
to lower the height of the original Ute City Place building without
reducing the number of units contained thereinr and
WHEREAS, the Applicants have applied, pursuant to Section 2-
22 of the Municipal Code, for a variance from the height limitation
of the underlying zone district; and
WHEREAS, C. M. Clark and Alexander Kaspar are prepared to proceed
with the construction of the original Ute City Place project in the
event that the proposed conversion does, not receive Council approval
or the requested variance is denied 'by the Board of Adjustment.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission
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Resolution No. 84--lL-
Page 2
of the City of Aspen~ Colorado, that it does hereby endorse the Appli-
cants I request to the Board of Adj ustme!'lt f or a var iance f rom. the
height limitation of the underlying zone district for the following
reasons:
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3.
The conversion of a mixed free-market/employee housi~g
project to one hundred (100) percent-deed-restricted employee
housing is in the best interests of the City.
The conversion of the previously ~pproved project will
result in a reduction in the footprint and overall floor
area of the bu il ding and an increase in open space, both
of which are in the best interest of the neighborhood.
The reduction in the height limitation of the underlying
zone district occurred subsequent to the approval of the
original project.,
APPROVED by the Planning and Zoning Commission of the City of
1.
2.
Aspen, Colorado, at their regular meeting on_ July 17, 1984.
ASPEN PLANNING AND ZONING
COMMISSION
By
ATTES'l :
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Barbara Norris, Deputy City Clerk
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ASPEN TITLE COMPANY, LTD.
503 East Main Street
Aspen, Colorado 81611
Title Report No. A84-l9l
PROPERTY OWNERS ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY:
LOTS C, D, E, F AND G, BLOCK 118, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PROPERTY OWNERS
Lots P and Q, Block 118
The Brass Bed Associates
926 East Durant Avenue
Aspen, Colorado 81611
Lot B, Block 118
Glenn Eugene Law
Box 2537
Aspen, Colorado 81612
Lot H, Block 118
William J. and Nancy E. Sheehan
Box 571
Aspen, Colorado 81612
Lots M, Nand 0, Block 118 - Old Hundred Condominium
16 Units
Old Hundred Condominium Association
c/o Olaf Hedstrom, Secretary
Box 4815
Aspen, Colorado 81612
Lots M, Nand 0, Block 35
Steven Craig Gordon and Sandra Diane Gordon
343 East Jefferson Boulevard
Los Angeles, California 90011
Lots P and Q, Block 35
Dolores Courshon
301 Arthur Godfrey Road
Miami Beach, Florida 33140
Dated: June 9, 1984
ASPEN TITLE COMPANY, LTD.
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