HomeMy WebLinkAboutlanduse case.boa.834W-Hallam.009-81
NOTICE OF PUBLIC HEARING
Case No. 81-9
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, Colo-
rado, (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.
yo~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: October 22 1981
Time: 4:00 PM '
Name and address of Anplicant for Variance:
Name: Wild Oats, Inc.
Address:834 w. Hallam Aspen, Colorado 81611
Location or description of property:
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Location: 834 W. Hallam
Description: Blk. 10 Lot II K & L
Variance Requested:
Application is made for a building permit to build additional kitchen
and restroom facilities to an e . t' . .
Zoning District and i th f X1S lng restaur~nt. The eXlstlng restaurant is located in the R-6
. s ere ore a non-conformlng use. No nonconforming use shall be enlar ed
.~r lnc~ea~ed, .nor extended to occupy greater area of land than was occupied at the effectiv:
ate 0 : optlon as :mendment of the zoning code. Sec 24-13.2 Non-conforming uses of the land.
Durat1.on of Var1.ance: (Please cross out one) The proposed addition will have a rear
yard of 4.3 feet and a side yard of 4.0
Tcmperary Permanent feet. The required rear yard is 15.0 feet
and the required side yard is 5.0 feet.
Sec 24-3.4 rea E Bulk Requirements
THE CITYRO~ ZRgtJlfND~ffid:tjtOF ADJUSTMENT
BY Rema Lav;:Jp"ninn r.h.Q;rm~,..,
Virgi~ia M. Beall, Deputy.City Clerk
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UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
White River National Forest
Aspen Ranger District
806 Wes t Ha 11 am
Aspen, Colorado 81611
7300 - Buildings
October 22, 1981
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Wild Oats Inc.
Poppies Bistro
Attention: Michael B. Hull
Aspen, Colorado 81611
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Dear Mike:
This letter is to inform you that I am aware of the variance
sign posted in your front window. To my knowledge it has
been posted for the required 10 days.
Also, in case the question arises, the Forest Service is not
concerned about any proposed expansion of your restaurant to
the North or East as long as you stay at least two feet from
the property line.
Sincerely,
~~&hv
DENNIS E. BSCHOR
District Ranger
6200-11 (1/69)
ASPEN.PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
October 22, 1981
Members, City Board of Appeals
City of Aspen
130 So. Galena
Aspen, CO 81611
Dear Member of the City Board of Appeals:
This office has been asked to explain some of the effects of the proposed
expansion of Poppies Bistro Cafe on the Environmental Health Regulations. Such
an expansion would improve the applicant's ability to comply with the Rules and
Regulations Governing the Sanitation of Food Service Establishments in Colorado.
Many violations of these standards have occurred in recent inspections
which could be prevented by expansion of the kitchen facilities. These violations
incl ude storage of food boxes on the ground in several locations in the kitchen
and in the walkin and outside, meat thawing outside instead of in the walkin
since it was too full, lack of sufficient cold-food holding facilities, lack of
sufficient warm holding facil ities & presence of_food and dirt on floors. The
walk-in appears to be far too small for the amount of food being stored in it.
Expansion of the kitchen would make it easier for the establ ishment to
maintain foods at safe temperatures, to handle foods and utensils; properly, to
have access to handsinks, and to maintain general cleanliness.
If you have any questions about any of these effects, please feel free
to call this office at any time.
Sincerely,
~~ r C~
Lee E. Cass i n
Environmental Health Officer
130 South Galo:na Street;
Aspen, Colorado 81611
303/925-2020
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This is to certify that on the 26th day of Apri I, 1972, tQere was a survey
made under my supervision of Lots K and L, Block 10, In the City of Aspen, .
County of Pitkin, State of Colorado as shown on the plat fl led In the office
of the Clerk and Recorder of Pitkin County, Colorado. I found a two story
house of frame construction, concrete foundation and tar shingle roof to be
located within the boundary lines of the lots as shown on this plat, except
as shown on said' plat. The locations and dimensions of al I buildings, Im-
provements, easements and rlghts-6f-ways In evidence or known to me and
encroachments by or on the premises are accurately shown. Survey made accord-
ing to block corners found In place.
SCARROW lAND WALKER, INC.
Robert D. Scarrow
Registered land Surveyor
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APPELLANT ... 0.&/:5
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PHONE
CASE NO.
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LOCATION OF PROPERTY trltt IAl, Ifl}-i-.lIl&1...=._
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~~ Street & Number of Subdivision Blk. & lot No.
Building Permit Application and prints or any other pertinent
data must accompany this application, and will be made part of
CASE NO.
THE BOARD WILL RETURN THIS APPLICATION IF II DOES NOT CONTAIN
ALL THE FACTS IN QUESTION.
DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATIfltlS:
'vJ'tl\ IN --r\\\S' \: ",~I}-~SI'1;:J>o \N"\\ \;'," jI) K'j(c..~~N \')f((;~!r~,rr,:,,'N >>N? Wr}SHI~ '
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sq by '~l': C.:lhQ"(},,,.\)..o~ "'~ \tfH\\\\) 4~ 6'IU, \U i)'~ I;,r"<>1l'~l\>~l
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Will you be represented by counsel? Yes____No ~
SIGNED :~~a-..../
Appel nt
PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING. INSPECTOR
TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT A~D REASON
FOR NOT GRANTING:
Application is made for a building permit to build additional
kitchen and restroom facilities ~o an existing restaurant,
The existing restaurant is located in R-6 Zoning District
and is therefore, a non-conforming use, No nonconforming
use shall be enlarged or increased, nor-extended tococcupy
greater area of land than was occupied at the effective date
of adoption as amendment of the zoning code.
See 24-13.2 Non~conforming uses of land. 4
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The proposed addition will have a rear yard of ~ feet and
a side yard of 4,0 feet. The required rear yard is 15,0
feet and the required side yard is 5,0 feet,
Sec 24-3.4 Area E Bulk Requirements
R-6 Zoning District
~op
Status
PERMIT REJECTED, OATE
APPLICATION FILEO
MAILED
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DECISION
DATE IF HEARING
SECRETARY
UATE
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This is to certify that on the 13th d~ ~f November, 1978,
~therewas-a suvey made by. Scarrow and,Walker/KKBNA, INC. of
"the improvements on Lots K and L, Block 10, in the City of
Aspen, County of Pitkin, State of Colorado, as shown on the
plat filed in the office of the Clerk and Recorder of Pitkin
County Colorado. There was found a two story house of frame
construction, concrete foundation and tar shingle roof.to be
located as shown on this plat. The location and dimensions
of all buildings, improvements, easements, and rights-of-ways
in evidence or known to me and encroachments by or on the '.'
premises are 'accurately shown.
.
November, 11 1978
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SCARROW AND WALKER/KKBNA, INC.
204 8th Street
Glenwood Springs, CO 81601
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-~~--:-~.'This is -to certify that- on the 13th -d"!y .of November, 1978,
'-;::~there was.a suvey made by-Scarrow and Walker/KKBNA, INC. of
: . .-' the improvements on Lots Kand L, Block 10, in - the City of
- Aspen, County of Pitkin, State of Colorado, as shmvn on the
plat filed in the office of the Clerk and Recorder of Pitkin
County Colorado. There was found a two story house of fr~~c
construction, concrete foundation and -tar shingle roof.to be
. located as shown on this plat. The location and dimensions
of all buildings, improvements, easements, and rights-of-ways
in evidence or known to me and encroachments by or on the. ','
premises are 'accurately sho\m. '
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November, l~ 1978
SCARROW AND WALKr;R/KKBNA, INC.
204 8th Street
Glemlood Springs, CO 81601
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~OPPIE'S BISTRO CAFE
City Attorney Taddune explained that Poppie's applied to the
Board of Adjustment to expand a non-conforming use. The Board granted
a variance to expand the non-conforming use but not to exceed the
setback requirement. The Board thought-the applicant should go to
Council and have Council vacate the alleyway shared by Poppie's and
the Forest Service. Taddune reminded Council at their last meeting
Council determined not to vacate the alley which meant that the Board
of Adjustment's expectations went unfulfilled. Taddune told Council
he spoke to members of the Board of Adjustment; their thinking was that
so long as the City was not concerned about intrusion into the alley
or the setback, they would be inclined to grant the applicant's
request. The Board wanted an indication from Council that there was
no concern on the City's part in terms of exceeding the setback and
affecting that alley way. The Chairman of the Board indicated to
Tadduneif the_Council indicated in some formal way that they had no
problem with the expansion, that would be within the intent of the
Board of Adjustment's action
Taddune said an encroachment license has been presented; it will
not impact the alley directly but serve as a formal indication the
Council has no problem with the way the expansion of this non-conforming
use will impact the alley. Taddune said the expansion is to exceed
the setback. Rouhlac Garn, representing the applicant, told Council
the setback would be five feet, a change of ten feet. Michael Hull
told Council the alley is only 60 feet long and has not been used as
an alley in many years. Councilman Parry said the Council had not
wanted to vacate the alley because they would have to get money for
it and it would be impossible to deal with the Forest Service Bucreacracy.
Councilwoman Michael said the Council had wanted to accommodate the
applicant.
Councilwoman Michael moved to approve the request from poppie's Bistro
Cafe to expand their kitchen facilities into the setback for the
alley behind the restaurant subject to form.
Hull told Council this property is surrounded by forest service.
Councilman Knecht asked what the addition would be like. Hull said
it will be wood and will be framed like the rest of the building.
The construction is being done so that sometime in the future employee
housing may be added on top. Councilman Collins said this particular
request should go to the Board of Adjustment. Councilman Collins said
this should also require a public hearing. Taddune told Council he
has spoken with the Board of Adjustment; they did act on the non-conformity.
Taddune said he felt comfortable that this was within the spirit and
intent of what the Board approved. This encroachment applies to an
intrusion into the setback. The Board has reviewed both prongs of
this request. Taddune said the Board wanted some legal indication
that the City Council did not have any problem with the intrusion into
the setback insofar as it would affect the alley., The Board requested
the applicant to go to Council and get the alley vacated, thereby
adding ten feet to the applicant's property. The Council could not
do this. The Board wanted to be sure they were not doing anything the
Council did not want them to do. Michael Hull said there was a public
hearing and everyone was represented, except the city, Taddune said
there were no property owners appearing in opposition. Councilman
Collins said he did not feel this step is necessary. Taddune reiterated
what the Board wanted was some formal document indicating Council had
no problems with respect to impact on the alley. Cquncilwoman Michael
said she was willing to give them that assurance.
All in favor, with the exception of Councilman Collins. Motion cc~ried.
Councilwoman Michael moved to adjourn at 9:20 p.m.
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Gideon said that'if you look at sec. D,"where the following shall be consider-
ed valid reasons for granting a variance." It is Gideons position that the
applicant docs not meet "ny of the guidelines.
Gebb one of the Edelweiss lodge owners wanted to reply to Gideon's
statements. Tho! EJ"lwciss has been run as a lodge until Nay of this year at
which point Gebb became haif owner. There "re IJ units and 6 kitchens. t
It is not being run as a Lodge now becauso! of economic reaSons. ~~
Carol Bloomquist H::',es in that neighborhood.. She said that a group of neir .j
bors have discussed ~~ concern with the commercial core slowly drifting --I
out of the , or infiltrating the area. Another strong concern is parkin:;. '
'. We do not want to see a .commercial restaurant there. Carol Bloomquist ownes
the ChaletLUhTch is smaller than the .Edelweiss. If the Edelweiss opens a res-
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taurant of course Mrs Bloomquist will want to open a restaurant too. ~
Mrs. Bloomquist is opposed to the proposal of a restaur~t in the Edelweiss I
lodge. ::r...".... . ::r-';
Elizabeth,~also 1/2 owner of Edelweiss, said that her financial hardship is :
that her maximum number of people they can have there is between twenty and :y
twenty-five. Even if it is completely rented they can barely pay their taxes. '
Fred Smith asked if the taxes exceed $2000 a year? Ise'l
Elizabeth said maybe Aspen doesn't want a lodge that offers people a room . I
for $28.00 a night. . ii
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~enry Cortez asked the applicants if in the last five years they have been ,
.members of .the' Central Reservations system. ,i
Elizabeth said yes. -!i
A~I\Ii<; oI.r'''"r AthcRS of Quadrant Books said that he is in favor of the restaurant.
Jim Basely speaking for Nargaret Pace, who owns the house at 129 E. ~ins
Mrs. Pace is opposed to the granting of this variance and is concerned abbut
the "tinsle" on Hain Street. Mr. Bosely feels the restaurant would change the
complexion of what is basicly a residential area. and Mrs. Pace is very opposed
Remo stated that he has two letters in opposition to the proposal. One
letter from Paul Pace and one from Duane and Margaret Johnson will be entered
into the record. Remo asked for the Board's response to the applicants.
Josephine Mann said that she is forced to say that she cannot find that the
applicant has given the Board adequate statements about hardship or practical
difficulty and therefore she sees no basis on which.to grant the variance.
Fred Smith feels the same..
Charles Paterson does not feel that a building of 700 ft. restaurant would -
be,beneficial to either the.neighborhood or the applicants. Mr. Paterson
_ is in.agreement with Mrs. Mann that no practical difficulty or hardship has
been demonstarted-by the applicant and does not feel the variance should be
granted. '
Francis Whitaker said. that he was Chairman of the Planning and Zoning com-
mittee when the Master Plan was drawn and there was tremendous public partici-:he
pation...Mr. Whitaker sees no real reason why the Board should grant an
~__pti~n to the Zoning Ordinance.
John Herz feels that the Board would be circumventing a zoning law and that,
the applicant is before the wrOf'6 board. He can see no hardship in this case
and therefore will not grant the variance.
Remo Lavagnino feels that the applicant is getting involved in conditional
uses that the Board of Zoning Adjustment really can't hear. According to the
guidelines the Board has to.follow, he can see no practical difficulty or
hardship.
Fred Smith moves to deny the requested variance because the applicant has
failed to demonstrate unnecessary hardship or practical..difficulty.
Charles Paterson seconds the motion.
Josephine Mann is in favor of the motion.
Fred Smith is in favor of the motion.
Remo Lavagnino is in favor of the motion.
Charles Paterson is in favor of the motion.
Francis Whitaker is in Iavar ~f the motion.
John Herz is in favor of ~Eotion.
MOTION CARRIED -
Case II 81--.9 Wild Oates Inc. the
Application is made fnr 4 Lu11rling permit.to build additional kitchen and rest
room faciliti"s to an e.'dsting restaurant. The existing restaurant is located
in the R-6 zoning distri>ct and is. therefore a non-COnforming use. No non-con-)ut
forming use shall be enlarged 'or increased nor extended to occupy greater area
of land than was occupied at the effective datl' of. the adoption as amendment
of the zoning code. Sec. 24-13.2 Non-conformfnr, uses of the land.
The proposC'c1 ,~c1"ition will have a r(',~r )'3rd or 1,.3 feet and a sideyard of ',.0
feet. The required rear yard is 15.0 reet and the required side yard is 5.0
feet. Sec.24-J.4 area bulk. requirements. R-6 Zoning District.
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RECORD OF PflOCEEDINGS
100 Leaves
Regular meeting
Board of Zoning Adjustment
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October 22, 1981
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Hike Hull, owner and operator of Poppy's Restaurant. He presents the Board
with copies of a letter from the Environmental Health Dept. Mr. Hull said
that the letter sum;s up the hardship of the case; which has to do with com-
plying with the ultimate safety environment of tbe kitchen a~en of t~e restaur-
ant. Presently the kitchearea is 11 and one ha1f feet deep and that allows
aisle space of 1B" to 24" wide. This does create a CErtain amount of safety
problem. The walk in space is not adequate for what is being done there.
Some of the reasons for listed violations; storage of food, this is their cause-
for asking for the variance., .
Remo asked if there were any questions from the Board.
Francis Whitaker asked the total square footage of the addition.
Hike Hull said that the total square footage of the addition is 12 feet
across the back, which is 28 1/2 and the overall width would be 36 feet.
John Herz asked if presently they are serving more people now than Hans
had the Golden Barrel. .
Mike Hull -said that they haven't added more seating capacity and he would
say that they are doing about the same amount of business as Hans was in the
past.
Remo said that the implication is that you scale down the restaurant
to the size of the restaurant that you have.
Fred Smith asked how long this has been a restaurant?
Hike Hull said that Hans moved there sometime in the late sixties.
Josephine Mann said that it was not a restaurant in 1971 >Illen she arrived
to Aspen. Josephine ~sked if Mike Hull was aware that the restaurant was a
non-conforming use?
Hike Hull said yes. The Forestry Service is the only other 'property owner
between Hallam Street and all the way back. Employee housing is being
constructed by the Forestry Service and that the zoning is up for re-zoning.
-Fred Smith asked what the condition of the alley is.
Mike Hull said that there is no functional alley and for all practical
purposes the alley is cn' .. v 1. ~~
Fred Smith said that the solution to your r:r set-back problem is to ask the,
City to ab~ndon the alley or vacate the alley. Is the Forest service doing I
,some construction in the alley way? '
Hike Hull said that they have a fence line that touches on their property.
Charles Paterson asked if they were continuing that wall that is on
the white out line? '
Hike said that what happens is that there is another wall...
Francis Whitaker asked if they were sure that the alley had beeen vacated?
Mike said that Clayton Meyring of the Building Dept. was in between
whether it was or wasn't.
Mike Hull enters a letter from the Forest service into the record about
their feeling on the addition.
Remo Lavagnino reads the letter dated Oct. 22nd 1931.
This letter is to inform you that I am aware of the variance sign posted
in your window. To my knowledge it has been posted for the required 10 days .1
also if 'the question arises the Forest Service is not concerned about any 'I
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proposed expansion of your restaurant to the North or East as long as you stay.
at least two feet from tile property line. Signed by the Forest Service. Ii
Hinz Quartus lives at Bth and Francis which is a block fronl the restaurant
and one of his conrerns_~ parking. The area that will be expanded into is
presently'a problem v.l:t:h .-p=king now. The parking will be forced down into the
residential district. .
Mike Hull said that -paTting -viTI not be a p,roblem.
Francis lfuitaker asked it_it is im~ossible to opeGPte the restaurant without
being in violation of the lIealth Codes. .
Mike Hull said yeR he does and that at one time or another because of the
size of the kitchen you would always be in violation because it is so small
that at any given time there will be a violntion.
Remo said that the suggestion is if you are going to allow for more area
for kitchen, -you may have to come into the re:staurant part of it so that it
meets those requirenu;nts. It is difficult to !ind a hnrdship or practical
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difficult- nd .it is casier to tind solut .s to the problems._
Charl~s Paterson ~sked how many people are seoted in the restaurant?
Mike Uull Mid that they "eat approximately 55.
Remo closes the Public portion of the meeting.
Francis Whitakcr sympathizes with the applicants desire to operate a high
8tandard restaurant but at thc same time we have to mcet the guidclincs for
granting a variance. The restaurant is already a non-conforming use and
that makes it mueh more difficult to grant an increase. Francis figures show
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that the building is approximately 1682 square feet, that includes your ser- _j
ving area , kitch and storage area. You are asking for an increase of about '
5 "t
30;~~~r;m~~~tha:h;C~i~~1~u~~;f:r~~~g:0~~~a~~i~~w. Fred does not have :!i
any problem with the expansion. lIe feels. that the Forest Service by their use \
has effectively rezoned this entire block of which the City has no control i: 'f
over. This also on lIighway 82 and. around this corner it must have the moat I I
dense traffic ,anywhere in the city. It is not a residential use and is not I I
8uitable for residential use. Fred does however have a problem with the set- ..
- back. He does not agree to building an eight foot addition on the side II
. when a seven foot wide addition would meet the set back requirements on the I'
. side. The rear setback is easily.solved by the vacating of the alley. The ;' i
'alley may have already been vacated. Fred is supportive of expanding the con-: ,
ditional use. Fred feels this is a very busy commercial corner and since the ;!
rest of the property is being used as sort of industrial and a situation the I i
City has no control; he does not feel that it is appropriate in saying that "
this is a R-6 corner.
Charles Paterson asked if they reduce that side yard set-back to seven feet,
they would be in compliance? I
Fred Smitq said they were going to have five feet rather than four. The ba~
yard has to be controJ1ed by where their property line falls.
Charles Paterson is inclined to grant the variance if they are willing to
cut the sideyard back so the Board wou!dn't have to grant that side yard.
He feels that if the alley could be va~ted they wouldn't have a problem.
. Charles fells that the applicant has a real practical difficulty. jJ
Josephine }funn is also in favor if there is no encroachment on the sideyard !
she co~ld agree. . Ii,
Francis Whitaker said that the alley could be used as a pedestrian, cross
country ski, and bike trail and would like to see some provision for a trail .
right away if that alley is to be. vacated. I
John Herz sympathizes with the applicant and in _order to comply with the "
Envii:omnental Health -Dept. rules and he is trying to make a better kitchen out PI
of. it. John Herz is inclined to grant the variance. I
Remo is not inclined to grant _the variance, but it would be contingent I,,'
on whether the alley is vacated. If you want to grant on the terms of extend- 'I
a.. non-conforming use, then Remo will agree conditional upon vacating the alley.:,
If' you could word the motion in such a way that they could vacate the alley 'I
and bring that one foot in in other words meeting all of the setback require- ,
ments, he would then be in favor. - The resta.urant is comepletely surrounded
by uses that have nothing to do with its destfiat~on of an R-6 ZOne in that I
particular block. . I
. Francis Whitaker adds that there can be difficulty with granting on a condi-
tional basis. The attorney has instructed the Board; that in granting vari- I
ances on a conditional basis , the variance should not be granted unless the i
condition is met first. Francis said that he would agree with the .extension 'I
of the non-conforming use but not the set back.
Mike Hull questions the timing on getting the alley vacated, as far
as when the applicant will really be able to act on this.
Remo said that maybe~ intent of the City would be enough to grant the
variance -
Fred Smith said ~ he-~hinks the question is; Do you want the Board to
try and give you (theApplicant) a variance to expand a non-conforming use
or do you want .us to iahle ~his until we can react to the setbacks.
Mike asked if they~ IDrihenon-conforming use; what sort of time frame
is the applicant: look:i:n&a1:?
Francis sa:id-tlitt.:if.the call~:'-''Were not already vac.ated it would take some-
where from ,tuD.__~_o .thr<ee -:months.
Remo said to the applicant; to :remember that you can build conditionally
but you IlIUSt meet all set bac;k requirements now, and if you get another piece
of land you still have to meet those set back requirements from a new line.
Fred Smith said that he would like to move to grant a variance to permit
the appl1c:lOt to expand his non-conforming use -within the existinr. setback
requirel:\ents because of the practIcal difficulty based on the kitchen being
too sma] 1 to meet existing health requireUlentH and due to the forest Service
USe of the remainder of ~. it-t- Q,.(h-0:.."
Charles Paterson seconds the motion.
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'1lIlIl.. e, I. lI1lrf':.rt .. '0 . ~. Cl\
RECORD OF PROCEEDINGS
100 leaves
Regular Meeting
Board of Zoning Adjustment
October 22. 1981
- 7 -
.
Discussion of motion. .
Remo Lavagnino is not so sure that he would use the language of expanding
the kitchen facilities, Remo does not feel this is a practical difficulty
because then you are getting back to economic terms. They could expand inward
. and the reason they are not is because it is not economically viable.
leme doesn't like this aspeat.
Mike Hull said that if they were to move inside even ten feet that would
involve moving virtually all of the interior forward. All of the restrooms ar.
in the back and would have to be moved to the dining room and the supporting
.beams around the service station would have to be moved. It could be done but
the practicality of it is really obsurd.
Charles Paterson said that he liked the wording of the kitchen facilities
.for ~he simple reason the Board is not allowing expansion of the seating area
of the restaurant. We are allowing expansion due to environmental and health
reasons we are allowing expansion of strictly the kitchen facility.
Fred Smith amends the motion to add the claus~ that the dining area square
footage may not be expanded.under this variancQ.
Charles P~tersor, seconds the amendment to the motion.
Remo asked if there was any further discuSSion?
John Herz aye
Francis ~fuitaker aye
Charles Paterson aye
Remo Lavagnino - aye.
Fred Smith aye
Josephine Mann - aye
Motion is carried. All in favor.
The applicant Thanks the Board members.
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Case 0 81-10 Loren Dunlop
Application is made for a building permit to build an addition to an existing
one family dwelling. The proposed addition will have a front yard of 24.2
feet. The required front yard is 25 feet. Sec. 24-3.4 Area and Bulk
Requirements R-30 Zoning District.
Loren Dunlop, the designer of the building. He stated that it was a pre-cut
house and they are redoing the design and silouhette. The designer designed
a 23 foot bay that would hang under the pre-existing overhang.
Francis Whitaker mentioned that the Board requires an aVddd~it and photo-
graphs of the posting of the request for variance sign. 3.HldA~,f
The applicant said that the poster was still on the building.
A neighbor from across the street verifies that the sign was posted.
Loren Dunlop continues by saying that they COuldn't take the roof off be-. I
cause it is just to expensive to do that. On the back part there isa chimffiney
that fits and sort of modifies that overhang; but in another area in order to
get that to balance out the design they needed to go out (He is pointing out
the proposal on his set of plans.) l'hen Mr. Dunlop -designed this he did not
think there would be any problem hanging a Bay under a pre-existing piece .1.
of structure, because it was there.
Charles P....~. -sked. .>.duu'.Lhe applicants difficulty is?
'Loren 1l111iiop .sat.. -that: .:in_:onler to make a unified design and to modify the I'
pre-cut house, 1le. .f~,J!.],s it -.is. .ne.c~ry to build the distance elsewhere.
Remo said'tita1:,j:t.:is. .dH'f]11U.lt:xo _give a ,:,ariance ba,:ed on) those consider-j
a tions. LA llt....; 'i::t.A IA~.l. ..........t.
Loren ~id"1:hat; tile kn-rl-cl.-ip.~ is that after the investment of the .'1
amount of 1II0ney. if they huilt Ih.is .out 20 inches and. then they had theoverhang I
it makes the whole design or qualiXy of the house down. He said he would
not have designed it this way if he vould_ have know that: he could not hang a
Bay under a pre-existing ,piece of s.tructure. He did not know that the overhang I
would not be classified as part of the footprint. I I
Frands asked what stage the construction is in? ; I
Loren saId that they are waiting. . I
Frnncls Hhitakcr said that It seems to be more of a convcinience than a h:lrd- I
ship or pracl:i=l difficulty. Francis sympathizes with the app1!cants desire!
to make a nice looking. building but his reasons are not sufficient for granting
II VI1~iance,
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