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HomeMy WebLinkAboutlanduse case.boa.615E-Hopkins.008-79 "--' APPEAL TO BOARD OF ZON I NG ADJUST/HIT CITY OF ASPErl ?tft/{)p~ 5/-oh'1.43331 . DATE 5/21/79 CASE NO. /q~?: APPELLANT Copland Hagman Yaw Ltd ADDRESS P.O. Box 2736, Aspen, Colorado 210 S. Galena St. PHONE 925-2867 OHNER Albert Vontz (KSNO Radio Station) ADDRESS 1390 S. Ocean Blvd. - Apt. 7-F The Wittington Pompano, Florida 33062 LOCATION OF PROPERTY East ~ of Lot 0, all of Lot P, Block 98 City of Aspen, Colorado (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. :]9~ ~ THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOHI NG JUSTIFI CATImIS: (see attached copy) SIGNED: Appell Will you be represented by counsel? Yes No PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPE TOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: APPLICATION IS MADE FOR A BUILDING PERMIT TO BUILD A RADIO BROADCASTING FACILITY AND FIVE DWELLING UNITS. 1) The proposed bUilding provides three off-street parking spaces whereas six spaces are required. Section 24-4.5(c) C-l Zoning District. 2) The proposed building does not provide an open area adjacent to the alley with minimum vertical clearance of ten feet, a minimum depth of ten feet and a horizontal dimension of thirty feet for each lot developed. Section 24-3.7(h)(4). ' 3) The proposed building has an external floor area ratio of 1.87:1. The maximum F.A.R. is 1:1 with an additional 0.5:1 allowed for residential use constructed in conformance with a duly adopted housing plan for the City of Aspen. Section 24-3.4 Area G Bulk Requirements, C-l Zoning District. I' Chief Building Inspector on H. Me rin Status Signed PERMIT REJECTED, DATE DECISION {)JI'fl.1JflLJo/v1-i-- DATE c,,/.:t:>/7!f APPLICATION FILED S;.~.2.f'1 DATE IF HEARING b/7hr MAILED SECRETARY" -1tp1(~~~ -t l}~eP fVwJw-tMUi.f.d./:;t&tLL.o( o-J fluuteJ' ~ Us:t.o.~ 1'" \..- , '"";,,Ii' NOTICE OF PUBLIC HEARING Case No. 79-8 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: Time: June 7, 1979 4:00 PM, City Council Chambers Name and address of Applicant for Variance: Name: Address: Albert Vontz (KSNO Radio Station) 620 E. Hopkins Avenue Location or description of property: Location: Description: 620 E. Hopkins, Aspen, CO 81611 East ~ of Lot 0, all of Lot P, Block 98 Variance Requested:. Appli~ation iS,made ~or a building permit to build a radio broadcasting facility and f1ve dwel11n~ un1ts. The prop~sed building provides three off-street parkin spaces whereas ~1X spaces are requ1red. The proposed building does not provide an open area adJacent to the alley with minimum vertical clearance of ten feet, Duration of Variance: (Please cross out one) (continued below) 'EI.IIlfIllI'all'~' Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENl' BY \. ~;A~ ~~fJ~~ Sheryl S en, Deputy City Clerk a minimum depth of ten feet and a horizontal dimension of thirty feet for each lot developed. ~he proposed building has an external floor area ratio of 1.87:1. The max7mum FAR is 1:1 with an additional 0.5:1 allowed for residential use constructed 1n conformance with a duly adopted housing plan for the C't of Aspen. 1 y ,\ .' .~ Copland Hagman VOd Architects :) Date: 21 May 1979 KSNO Radio Station Case No. ?:1- 8' Appeal to Board of Zoning Adjustment Description of Proposed Exception Showing Justifications The building project for which variance is requested is a 4 story structure to include approximately 1500 s.f. for a new KSNO radio station facility and approximately 5200 s.f. of low and moderate employee housing (5 units). The It city lot parcel, although non-conforming, has been previously approved for construction. On the basis that the narrow lot imposes hardship relative to egress requirements, parking requirements and refuse area requirements and, further, places the ordinances regulating such requirements into conflict with each other we request approval of this request for variance. The 25% open space requirement which is provided in accor- dance to the zoning ordinance basically relegates the accomoda tion of parking, egress and trash access to the 45. ft. dimension contiguous to the alley frontage. This dimension, irrespective of depth cannot physically accomodate the necessary requirements. With the approval of the Planning Department it has been determined that the following provisions can accomodate the intent of the zoning ordinance and the functional requirements of the building, Egress A second stairway is required by building code as a second means of egress from the third floor employee unit. In order to meet the code requirements (horizontal distance between stairs) it is necessary to locate the stair at the northwest corner of the building site, thus encroaching on the refuse area envelope which, as defined, requires the full alley frontage. This problem is inherent with a building meeting building code requirements on a small site in that it has the identical requirements of a structure on a larger site without the flexibility. In order to delete the second stairway (by code) it would be necessary to delete both the 3rd and 4th levels of employee units. . Copland Hagman VOd Architects :) Appeal to Board of Zoning Adjustment Page 2 Parking The employee housing units comprising this project include (4) studio units and (1) two bedroom unit. The zoning ordinance would require one parking space per bedroom thus 6 spaces. The available dimensions will not permit including these spaces. In addition to the advantageous location of the building relative to services and transportation the employee units are designated for KSNO employees who would have limited need for parking spaces, Variance is requested to permit (3) parking spaces at nine feet width, Practical hardship is incurred in that 3 employee housing units would have to be deleted in order to comply with the one parking space per unit provision. Refuse Area The zoning ordinance requires a refuse and utility area 10 feet deep by 10 feet high by the entire width of the building (45 ft) which is in conflict with both the egress and parking requirement. As shown on the plans variance is requested to provide a refuse area 10 ft. x 18 ft. with direct alley access, This would allow (2) two yard dumpsters, a box bin and adequate space for transformer and other utility requirements, In order to cover and protect this area we request excluding the the covered refuse area from the F.A.R, calculation, F.A.R. In order to accommodate off street parking, refuse and utility areas, protected entry and decks at employee housing units the building was necessarily designed with protective over- hangs elements. The building, including these elements conforms to the height, bulk and open space requirements, The allowed F.A.R. is 6,750 sq. ft. When calculated in accor- dance with Ordinance 34 (ordinance specifying new F.A.R. calculation method) the F.A.R. is 1697 s,f. over the allowed F.A.R. which is exactly equal to the area of overhang (hori- zontal projection) on the building. On a larger site both the employee housing and the code required spaces could be accommodated however on a l~ lot site it is not practically possible. The penalty this project would suffer in order to comply with the specific F.A.R. calculation method is the loss of 2 low income and 2 moderate income employee studio units (i.e,) removal of the second level. Variance is there- fore requested to delete horizontal projection areas from the F.A.R. calculation method, - Copland Hagman YOtd Architects o Appeal to Board of Zoning Adjustment Page 3 Summary This project was initiated in December of 1978. Its concept was simple: To construct a new facility for KSNO, which is allowed by right without approval; and to construct a maximum number of low and moderate income rental employee units, a notion both needed and encouraged by the city, Through what may be described as "unfortunate timing" this project has been bounced around new approvals, changed laws and pending legislation ever since. The delay incurred - for something the city wants will be six months when it comes before the Board of Adjustment. In an overall sense it is the delay and frustrated efforts to reconcile this project with the changing intentions of the city who constitutes the hardships. Thank you for your consideration. Very truly yours Copland Hagman Yaw Ltd Larry Yaw, principal - - 4 # Copland Hagman vaOd Architects o Adjacent property owners to East 1/2 of Lot and all of Lot P, Block 98 (KSNO Building) Albert Vontz (Aspen Broadcasting Co.) 1390 S. Ocean Blvd. Apt 7-F The Wittington Pompano, Florida 33062 Lot K thru West 1/2 of 0, Blk 98 The Victorian Company Stephen Marcus Box 1790 Aspen, Colorado 81611 Lot H & I, Blk 98 The Spring Street Associates, a Colorado Joint Venture P.O. Box 1107 Aspen, Colorado 81611 Lots H & I, Blk 99 W.R. Walton Box 665 Aspen, Colorado 81611