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HomeMy WebLinkAboutlanduse case.boa.Lots R & S-Block 119.014-77 , , ,,/ ,/ .- ., iIPI't/"\L TO pr'jf....!iq ,.II i"l J \1.; (". n-- ".r) f' ~ . .,., II ,< 1 fiC] fIr) J'U" ITT.TT ~ '- ,-) I I ,: ~.1 I (:r"l ',! (\I,'I~ [,r'n"') , Ixu [;[,TE !,?~i~_1.~~_1.~.77__ U,SE 1:0 .77-~.~~.__.___ ,! f" F t: L L I~ 1'1 T BAYARD Y. HOVDESVEN ADDRESS 830 East Hopkins, Aspen, CO 8161] -- -~---_._--~--_.._--,._-----_._--- -- .-.'.-.--- --_._---_.-._-_._-----~._-~.---- .s_al1\"'__ __." __'-H"""'_'''''__''U_n PliO r: E 925-6642 .~--~---_._-- -~--- o\n::~R -_.__._--_.__.----._._..,~-- ------------------ .---- fd) D I~ E S S ___ ~.__.._u_. ______~___.____________.__ _ .._......_ --..---...-_.__.____.u_.____.___._______._____ "_._._ -----..--.-.-.-.---------------...---.......-- lo:rITION OF PROPUnV ~.ot~_~_~_n~__~~~_~_~~ock ll9~-=~y and To~~n~ite _Of.___ Aspen rsT,~(;-(;t'-T'., u 1;1 bl"~' o-:f~-S-ul)d 'iv E:ron"i3Tk .E;-ToCIT()~)- Ruildin~ Permit Application and prints or any other pertinent Ui!'C'l must accompany this appl ic"tion, and \'1111 be made part of cr.s~ no. THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRl PTlON OF P1WPOSED EXCEPTION SHCJ\-!IUG JUSTIFICATInflS: Appellant requests variance from the FAR as recommended by the Resolution of the City of Aspen Planning and Zoning Commission, dated April..:.2n 1971'11,5%11 ****10.00 copy of which is attached hereto as Exhibit "An. That Resolution suggests in Section ld., that the existing FAR of 1:1 be reduced to 0.5:1 "to insure th~t the neighborhood commercial developments are of a scale that is com- patible with the residential areas they are designed to service". Although the said Resolution has not been acted upon by the City Council of the City of Aspen, it (the Resolution) does have the effect of an interim change of the zoning requirements to the proposed change by virtue of Section 24-11.7 of the Municipal Code of the City of Aspen. The appellant desires to construct improvements on the property which is the subject of this request. Attached hereto as Exhibit "B" is a preliminary sketch and layout of "The Durant - Original Bldg" proposed for the property. As shown, the proposal \; ill yell; he I' e p I' C S en t c d by co u" S e 1 ? Ve s x ['J 0 (over) Bayard Y. Hovdesven SIGNEO;By ^ppeflil!i{L~"onard-M: Oates'- '-.. .. --- -. -- __H__ -- . .-.- .--__ __ ..__~ _. _ _~.______ ___u_ Hl.lLbj;j;QL!lliX..___.._ --------~-------~---- ----- --~----- ---~-- -~--- ---~---------- PROVISIONS OF THE ZONINC ORDINANCE REQUIRING THE GUILDI~G INSPECTOR ..,..:~ F(\;; '...'/\ RO T J [I S !'. r P L J C r\ T I 0 il TO TH E U Ord<~D 0 r Al1Ll U S T ;-iC HT PtNO r-~ [:.S\~Ji~ ee';.; ::(iT GRld,:TI lie: It is anticipated that the Planning Department will comment on this request. Application is made for a building. permit to build a Commercial building. The proposed commercial building will have an ~xt~rnal floor area ratio of 1:1. The required floor area ratlo.ls 0.5:1. Sec. 24-3.4 Area & Bulk Reguirements NC(PUD) Zonln~ District, and as amended by resolution of the Aspen Plannlng and Zoning Commission April 19, 1977 : ,,1! :: -i- ;.- !) ~ [1/\ -j r 1)[ C I, I ;'i: -'~) Chief Building. Inspecto~ ~ i. It it: '-, i l r~ T L 'I ")" I J '" , I- : l L I; I~;\ II. i J i:J':\!~ I r: (; {\ ~', ., i Resolution of the City of Aspen Planning and Zoning Commission, dated April 2, 1977 EXHIBIT "A" To Appeal to Board of Zoning Adjustment City of Aspen / :/. y RESOLUTION OF TIlE IISPEn PLANNING AND ZONING CO:.:JU"SION REcommNDING VARIOUS CIll\NGES '1'0 TIlE l\SPEN ZONING CODE AND DISTRICT MAP \VHEREAS, the Aspen Planning and' Zoning Commission has been presented with recorr~ended changes to the Aspen Zoning Code and Zone District Map, constituting Chapter 24 of the Aspen Municipal Code, / and a public hearing on such changes has been properly noticed and conducteu on February 17, :'976, and vlHEREAS, the Conmission is required by virtue of Section 24-11.3(d) of the Aspen Municipal Code, subsequent to such public hearing, to report and recommend to the City Council on the proposeu changes, and WHEREAS, Section 24-~1.7 provides that if the Commission shall affirmatively recomnend changes to the map or code, and do so by resolution, such recommendations shall have an interim effect, all as further described in silid section, and H1IEREAS, the Commission \~ishes to make known its recommenda- tions with respect to every change proposed, and formalize its report in resolution form such as to enjoy the effects of Section 24-11.7, :lm~, THEREFORE, :lE IT RESOLVED BY THE PLANNING AND ZONING COMHISSION OF THE CITY OF ASPEN, COLORADO: Section 1. Recommendations with respect to the Area and Bulk Require- ments Chart of Section 24-3.4. fl. Corn!nercial Core (CC). The Comlnission recommends that within this district the present externalFloor Area Rat,io of 2: 1. be maintained but that there be established a new internal FAR as follows: :let Commercial FAR by Right 1. 5: 1 Bonus Fl\R by Special Review Resid0.nt:i<J 1 0.3:1 Additional Comm(,rc,lill 0.2:1 GrOSfj !'1dX j JilUill pr\H 2.0: 1 bCCilur;c (i) th if; cl1ol"I(' \Vi] ] g'.'Il<'l'a te il c!"",lrable 1,lix of l1',e~' ill t:hl' rktL . ~ ')~t#' commercial core, (ii) commercial uses will be available to subsidize residential uses within the same structure, and (iii) for most areas within the commercial core, commercial uses beyond the second floor are not practical and the third and fourth floors are more amenable to residential uses. ~~. within b. Commercial One (C-l). ~he Commission recommends that this district the external FAR should be reduced from 1.5:1 to 1:1, inasmuch as this will reduce building massing within the C-l dis- trict. However, the Commission further reco~mends that there be given a density bonus of .~ for residential uses, the Commission being of the opinion that the mix of commercial and residential uses is as appropriate in the C-l as the CC district. c. Commercial Lodge (CL). The Commission recoInr.1ends a /i... '4 jf~.flU-. 6. J.:~' ~~ reduction 1J4i~' ,~/ oK CK of the external FAR in tills zone from 2: 1 to 1.5: 1, inasmuch as the existing FAR would permit a building bulk and mass that could constitute an unacceptable barrier between the City and its mountain surroundings. d. Neighborhood Comnercial pun (NC-~UD). The Commission recommends the reduction of the existing external FAR from 1:1 to 0.5:1 to insure that the Neighbo~hood Commercial developments are of a scale that is compatible with the residential areas they are designed to service. e. Service/Cormnercial/lndustrial (S/C/I). The Commission recommends the reduction of the existing external FAR in the S/C/I districts from 2:1 to 1:1 because the existing FAR would permit buildings of a size and mass incompatible with the areas in which the S/C/I zone has been designated (the periphery of the City as opposed to the commercial core). 'l;t;"'l;t1'Jl):J<;<uc/ f. Office (0). The Commission recommends the proposed {" Cr..;..c: I . d amendment to the external FAR in the 0 district from 1:1 to 0.75, hy right, with an additional .25 allowed for residential uses, by Special Review. 1l00vever, the Commission further recommends (i) that the requirement that resiclenU al bonus be permitted only \vhcn -2- } ~ coordinated with the Housing l\uthority be dropped ilnd such rC<Juire- ments be again considered only when the l\uthority hils presented and there has been adopted a housing plan for the co~nunity, and (ii) that it be made clear that the residential density bonus does not preclude use of 0 district lands entirely (or at a ratio greater than .25) for residential uses which are specifically permitted. CL g. Commercial One (Cl). The Commission recommends that the height limitation in this district be reduced from 40 feet to 32 feet, l'lith a right to construct to the full 40 feet being given only on Special Review. 7he reeommend~tion is made because the desired density reduction in this district can be achieved by the change in FAR recoR~ended above and in some instances 40 foot buildings may be desirable to encourage variations in building heights within this district both to eliminate the now monotonous skyline and provide view planes around structures. h. Commercial Lodge (CL). The Commission recommends that the height limitation in this district be reduced from 40 feet to 28 feet, with a right to construct to the full 40 feet being given only on Special Review. The reasons and rational for this recow~enda- tion are the same as those given in Paragraph g. '/ :lr1J, Section 2. '1ecommended Change to the Permitted Conditional Uses "yf;!,.. I: /~,oti:( UChart of Section 24-3.2. ~dll i/' The Commission recommends the proposed amendment to the !f:I.t" J Office One (01) and Office Two (02) zone categories to create one office district (0) with the following elements: INTENT - To provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of formerly residential areas that now are adjacent to commer- cial and business areas and along Main Street and other high volume thoroughfares. PERMr~TEO USES - Single family, duplex and multi-family residc'nces; professional anu business offices. CONOI'rrONl\L USES - Art, dance or music studios; museums mortuaries; library; day care centers; fraternal IOd'll'" and SOCL1I cl ubs; n'~;taurilnt S ilnd/or -J- boarding houses if located in a structure which has received an II, Historic Designation and adequate parking is provided on site with access from an alley. AREA AND BULK REQUIREtlENTS - 3ame as R-6 District. The recommendation is premised on the fact that all existent office districts are in areas predominantly residentially developed and the adoption of R-6 area and bulk requirements for offices uses will provide a better integration of the new office with the existing residential structures. Section 3. Changes to the Square Footage Limitations of Section 24-3.6. /";~ /':A~/ . ~/ /?~ a. Sectlon 24-3. G. Food Store. %-~~~ c:r the reduction from 20,000 square feet to 12,000 square feet net for The Commission recommends food products only, and an additional 3,000 square feet for additional grocery accessory products and storage (gross total 15,000 square feet) because it will preclude the construction of massive groceries, and force the development of smaller localized food service areas which (i) are both more compatible with the scale of the Aspen area, and (ii) will generate less cross-town traffic. L7 4 b. Section 24-3.6. ~lajor Appliance. The Commission recommends (/~"/.' ~~~:~~tBe reduction from 12,000 square feet to 9,000 square feet as the square footage limitation for major appliance stores, as 9,000 square feet is adequate for this use and will insure construction of such stores at a scale compatible with the Aspen Area. ?JitJ I Section 4. ':i'he Amendment of Section 24-3.7 (3) (2) . v~r.J/-./~~'(O ,< ,. The Commission, on review of the recommended change of Section 24-3.7 (3) (2) to read: For purposes of calculating external floor area ratio, there shall be included basement and subCiurface commer- cial storaqe areas but excluded subbasements and storage areas which arc accessory to the principle use. Provided, howevpr I th(~ :-.ub-b<l:,cmcnt and ilcccssory storage arcas shilll i\lway,; be. i ncludcc] in the CC and CI di I;t:rict. ^ny b""l'nlf'nt or "lIb:;l1rL1C'~ ,.rea devoted to off-Ic;l:reet parkinCj t;J1i\ll be c.'xclud,'d in c;llcu];:ttinq extern..l floor arc'a ratio, ~xcepl: in CC ;1Ill! Cl di';l:ricU;, wl1l'rc it [;11i1]1 bC' included, )'('colllmendr: tll<~ eh;llIlJ<' to i nc Jude sub-l'd[;('l1\cnt anc] acccr:sory stora'lC' in Ill,' ['(' ..",d Cl di"'l';,"'[' JWC'''"::.' U,i" ('11:111<]" ::l1l\ul,] lJ,IV,' t:h(~ ...1.. r[ J 6~ effect of reducing the tendency of landowners to construct areas which are ostensibly basements and later convert them to commercial uses, but recommends against the inclusion of basement or subsurface areas (in calculating external FAR) devoted to off-street parking in the CC and CI districts inasmuch as (i) in these commercial districts underground parking areas will accommodate employer/employee parking needs to reduce the use of public rights-of-~lay for this purpose, and (ii) if the City wishes to encourage residential uses in these dis- / tricts, some parking must be available for residents of these areas. Section 5. Rezoning of Lots D, E, P,G, H vnd I of Block 78 from Neighborhood Commercial (NC) to the Office (0) District. The Commission recommends against the rezoning of Lots D, E, F, G, H and I of Block .78 from Neighborhood Commercial/Specially Planned Area (NC/SPA) to the new Office (0) district inasmuch as there has been no demonstration that the present zoning is inappropriate and the office designation has received no support at all. Section 6. Various Other Changes to. the Zoning District Map. The Commission recommends and rejects various recommended zone district changes, the areas of which are more particularly defined on the map attached hereto and incorporated by this reference. a. Hixed Residential (Nest). The Conunission recommends the change of the zoning of this area from R-6 to R-IS inasmuch as the area (i) provides a transition area with adjacent county zone dis- tricts, (ii) is limited in its development by the potential acquisition and utilization (for public transit) of the Midland Right-of-.!ay, and (iii) will provide a gracious residential neighborhood for the community. . V b. C' 1---- against the '" Mixed Residential (East). The Commission recommends rezoning of this area from R/MF to R-6 inasmuch as development of the area to date is predominantly multi-family and re- zoning would effect a limited number of landowners in an unfair manner. , i i " c. Okluhom,l Flats. The Commission recommends the rezoning '_/ of this area from R-l5 PUD to R-30 PUD because the area has limited access ilnd other devr'loplIlcnt constraints tJ1i.lt prcclud,~ int.clli<wnt dcv<,lopmcnt at H-]5 den,dti,'-". - I~l- ,~r- d. Holy Cross Property. Tl1e Commi ssion reconunends the rezoning of this tract from R-15 pun to R-30 PUD as such zone (1) will be compatible with adjacent zone districts, and (ii) recognizes the reduced development of the area anticipated in the Aspen Area ;'. 'j Greenway ;::t1 , . I)/CU'~ e. Plan. Aspen One. The Commission recommends the rezoning of this property from R-(' PUD to R-15 PUD for the same reasons described in this section, paragraph d. --t- f. Rivcrsirle Property. ,",he Commission recommends the rezoning of this area from R-6 PUD to R-15 PUD because (i) it is shaded by high bluffs resulting in a sunless area, not suitable for intense residential development, and (ii) the area has very steep terrain. I "ttf,<,-;, ...v" """,- ...i~ against the rezoning g. Spring and Main (NE Block). The Commission recommends . .,,,,,,,. '.-1- of this area from R/l1F to R-6 PUD inasmuch as it is the opinion of the Commission that the present zoning is correct as the area offers an appropriate site for multi-family development. ;~ h. Lakeview Subdivision. The Commission is satisfied that, .~ hecause of limited access, the area is comparable to Oklahoma Flats , , v' in its development potential, and that, consequently, reduction in allowable density is appropriate. The Commission would recommend, how-- ever, that the area be rezoned from R-6 to R-30 PUD but realize that, because this change was not advertised, the Commission is (at this time) limited toa recannended change to R-15 PUD CC i. ~-15 Lodge (PUD). The Comnission recommends against the rezoning of R-15L PUD districts to R-30L PUD inasmuch as retention of the R-15L PUD should encourage the construction of additional lodging units at the base of the mountai~. / ~ /:;r::? ,~/ /.?/~' -f/' /.-; . , /. --~<:/;//.//L/t~/.. 'l;..?Y(~ /~- ~/t..~......:: -;?-r-.-:> ~~-t -.' ~-,(. . ......'L./..L. \ - Chairman Dated: ..-l>)lri 1 ~ ,--l9.l6 J ~. .' " NOTICE OF PUBLIC HEARING Case No. 77-14 BEFORE THE CITY OF ASPEN BOAPJ) OF ADJUSTMENT TO ALL PROPERTY ffiVNERS 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 othe; place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance f~om the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed vqriance 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. you: 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 9, 1977 4:00 PM Name and address of Applicant for Variance: Name: Address: Bayard Y. Hovdesven 83ll East Hopkins, Aspen, CO 81611 Location or description of property: Location: Description: Lots Rand S in Block 119, City and Townsite of Aspen Vari,ance Requested: Application is made for a building permit to build a Commercial building. The proposed commercial building will have an external floor area ratio of 1:1. The required floor area ratio of 0.5:1. Duration of Variance: (Please cross out one) 'iUllplX~ Permanent THE CITY OF ASPEN BOARD OF AD JU STVili NT BY Chairman .,....., MEMORANDUM TO: Aspen Board of Adjustments FROM: Planning Office (HC) RE: Hovdesven Variance Request - Lots R & S, Block 106 DATE: May 18, 1977 Mr. Bayard Hovdesven, owner of Lots R & S, Block 106, Aspen Townsite has made application to the Board of Adjustments for a variance to the 0.5 F.A.R. requirement of the Neighborhood Commercial zone. The Planning Office wishes to go on record with the Board as to the following comments. 1. We strongly support the existing 0.5 F.A.R. requirement for the NC zone and agree that the two lots are properly zoned NC. 2. Extenuating circumstances do exist in this case. The Durant Mall Building was approved via the Ordinance 19 review which allowed a 2.5 to 3.0 F.A.R. for the adjacent building. Also, Lots R & S represent the last undeveloped properties currently zoned NC. We feel a larger building on Lots R & S to the extent of a 1.0 F.A.R. allowance would produce a structure of more compatible design with the Durant Mall Building. We anticipate additional rezoning to NC in Aspen and wish to retain the 0.5 F.A.R. for these new development sites. 3. The nature of the NC zone is to accommodate neighborhood shopping needs which involve significant automobile use. Therefore we urge retention of the on-site parking requirement of four spaces per 1000 sqare feet of commercial development. 4. The site is also subject to Planned Unit Development review which will be accomplished by the Planning and Zoning Commission and City Council. es "", LAW OFFICES OATES, AUSTIN, MCGRATH 8. JORDAN BOO EAST HOPKINS STREET LEONARD M. OATES RONALD D. AUSTIN ASPEN, COLORADO Bl611 ,J. NICHOL.AS MCGRATH. ,JR. WILLIAM R. .JORDAN ill April 19, 1977 ROBERT W. HUGHES AREA CODE 303 TELEPHONE 92S-2600 BARRY D. EDWARDS City of Aspen Board of Adjustment c/o City of Aspen Building Department 130 South Galena Aspen, Colorado 81611 Reference: Lots Rand S in Block 19 DEAR MR. CHAIRMAN AND LADIES AND GENTLEMEN OF THE BOARD: You will please find enclosed the application of Bayard Y. Hovdesven requesting a variance for the above-de- scribed property, together with a check in the amount of $10.00, inasmuch as this is a request for a variance other than a use variance. I would advise that the adjoining properties are as follows for purposes of notice: The Durant Mall c/o The Durant Mall Association 702 East Durant Street Aspen, Colorado 81611 Attn: John C. Ginn Chateau Chaumont Condominiums and Chateau Dumont Condominiums c/o The Chateau Chaumont Condominium Association and Chateau Dumont Condominium Association both 731 East Durant Street Aspen, Colorado 81611 Le Clair Vaux Condominiums c/o The Le Clair Vaux Condominium Association P. O. Box 4055 Aspen, Colorado 81611 Attn: Frank Simpson -, ...,..... - OATES, AUSTIN So MCGRATH City of Aspen -2- April 19, 1977 Der Mittendorf Condominiums c/o Der Mittendorf Condominium Association Address Unknown City Market, Inc. One and Colorado Avenue Grand Junction, Colorado We would ask that this matter be placed upon your agenda for hearing at the earliest possible available date. Very truly yours, OATES, AUSTIN, McGRATH & JORDAN BY~ Leonard M. LMO:mt Enclosures LAW 0 ~'FICE:'3 OATES, AUSTIN, MCGRATH & .JORDAN OOu EAST HOPf.l~,,,,, ~>TRF.ET LE:ONARD MOATES ASPE:N, COl.ORADG 816!1 RONA~D D_ AuSTIN J. N1Cl-jOLAS McGRATH. JR. WI...L:AM R. JORDAN 1lI AREA CODE :-;':):) ROB~~T W. HUGH!':S April 25, 1977 TEU';PH(lNE 9?,~-26aO ez"PRY D. EDWARDS City of Aspen Planning Depatment City of Aspen Planning and Zoning Conwission City of Aspen Board of Adjustment 130 South Galena Aspen, Colorado 81611 Attention: Hal Clark Reference: Bayard Y. Hovdesven Pending Land Use Application DEAR CHAIill1EN AND MEMBERS OF THE CITY OF ASPEN PLANNING AND ZONING CO~~ISSION AND BOARD OF ADJUSTMENT: I previohsly submitt.ed an application on behalf of Bayard Y. Hovdesven respecting a proposed project, "hich I erroneously referred to as being proposed for Lots R & S in Block 117, City and Towns~te of Aspen, the proposed project lots are in fact Lots R & S in Block 106 and I respectfully re- quest that you consider this letter an amendment of our pending application to that effect. The designation of adjoining prop- erty owners was correct in the original application. Please accept my apology. Very truly yours, OATES, AUSTIN, McGRATH & J'ORDAN By. Le LHO:mt ",., ..... ,-r,'>. ~, LAW OFF"ICES OATES, AUSTIN, MCGRATH 8. .JORDAN 600 EAST HOPKINS STREET LEONARD M. OATES RONALD D. AUSTIN .,J. NICHOLAS MCGRATH, .,JR. WILLIAM R. ..JORDAN III ASPEN, COLORADO 81611 BARRY D. EOWARDS April 25, 1977 AREA CODE 303 TELEPHONE 925-2600 ROBERT W. HUGHES City of Aspen Planning Depatment City of Aspen Planning and Zoning Commission City of Aspen Board of Adjustment 130 South Galena Aspen, Colorado 81611 Attention: Hal Clark Reference: Bayard Y. Hovdesven Pending Land Use Application DEAR CHAIRMEN AND MEMBERS OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AND BOARD OF ADJUSTMENT: I previously submitted an application on behalf of Bayard Y. Hovdesven respecting a proposed project, which I erroneously referred to as being proposed for Lots R & S in Block 117, City and Townsite of Aspen, the proposed project lots are in fact Lots R & S in Block 106 and I respectfully re- quest that you consider this letter an amendment of our pending application to that effect. The designation of adjoining prop- erty owners was correct in the original application. Please accept my apology. Very truly yours, OATES, AUSTIN, McGRATH & JORDAN By Leo LMO:mt