The URL can be used to link to this page

Home My WebLink Aboutlanduse case.boa.mainstreetblk44lotsk,l.007-77 ... ....~~--_._>~~..~""-~--~.....~."..- - ".,..' NOTICE OF PUBLIC HEARING Case No. 77-7 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMEl\'T 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 f~om 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 Meetin~: Date: Time: May 19, 1977 4:00 PM Name and address of Applicant for Variance: Name: Address: Location or Russell A. Pielstick P. O. Box 11688 Aspen, CO 81611 description of property: Location: Description: Main Street, Blk 44, Lots K & ~L Aspen Variance Requested: The applicant requests that the required number of parking spaces for the subject property be reduced from 6 to 5 so that 1737 sq. ft. of the existing structure may be changed from residential use (a use by right) to office (a use by right). Duration of Variance: (Please cross out one) x~~1jl;~ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY CJV\a.6e.1-h Nk2-Wlll cfv Chairman {})uuLv:. Pcd:M tn<. .-1 - i i\fJ[1[!\L 'ro T.;(l/\r?D OF- ?nr'JTr;11~ .--..,' '-.,'.. II)' '[I" -"""IT I),,j J':...' j J ii-_! J CI TY 01= hSf)[r1 D/\TE April 12, 1977 (\PPELU,ln Russell A. pielstick ^nD;~[SS CAS E NO '_.TL1 520 E. Cooper, Aspen Co. Architect PH 0 i'l [925-16 66 01.};'( LR Col Dwight F. and Jesse ADDRESS --l'f:-Mors'g----',.-- -----, Box 11688 Aspen , Co LOCATION OF PROPERTY Main Street, Blk 44, Lots K & ~L Aspen, Co ~.._....._.._'-'--------_."'..._"'.,--" "- \ S t l' C f' t & 'I u 111 b e r of Sub d 'j vi s i on E,i k, & -ToTI)u ','j 13 u i 1 din 9 P e r'lll-j t ;\ p p 1 i c,] ti 0 n and p r' i n t S 0 r any 0 t. her ~) e \' t i r~ 2 n t d a tarn us t ace () n1 P d r: y t i1 -j S d P P 1 -j cat ion ~ and \'J ill be il: ad e p a l~ t (, f CA:)[ NO. THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION, DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATlnMS: 1'~ -;1 ??pfl]r ,:,:;,;".':-::1 O.0( (See Attached) \,ill you be represented by cuunsel ? Yes__~,'o,__~~ ~,'" , SIGNED: (/l ~ ~ 'piie 1 fari't-$ -..-....-----.. PROVISIDNS OF THE ZONING ORDINANCE REQUIRINGfHE BUILDING INSPECTOR TO FCRWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: APPLICATION IS MADE FOR A BUILDING PERMIT TO REMODEL A FOUR BEDROOM DWELLING UNIT IN A TWO FAMILY DWELLING INTO OFFICE USE. The existing studio unit would remain as a studio unit. The office use proposed in the four bedroom unit would require five off-street parking spaces and the studio unit would require one off-street parking space. Five spaces have been provided whereas six spaces are required. Sec.24-4.5(c) Numbered spaces required. 0 Office Zone. Status ,.." .QQ~CTaYton H':'Me Chief Building Inspector I' L iH-1I1 in J r C 1 I: Ii, D 1\ T [, DLt'l:;JON _[~ D/\TE Ii P P LIe i\ 11 () NFl L i iJ Dt\1 i- 11" 1l L/\ ;;j iJ C f.'1 t\ J l ~-!i (; ~: t. p t- i i\ i~ Y - c ALLEY F3lccK 4+ \- I I . , 0r: 0 :~ I EJlIl>T1.Jc; CAfe T, T"1s~'lIti~veo ,,',., 1 I I 10 I , ' . : , 1 '" " ,.,-. - , I: ,'" G) . I" - . - 0' j . .- , " l- ID ill rc " f - \,' . " I" l- ".1 I ~ I F-JT'J~E: ( I <C.l CEWAI.J( .. I 1 I 1 I a \'C ",r"." . .. "." :'":' " 8 :r 1..0 -r I< J(", Lor I. ~I I ,,15, t5'.... M A I H ~r~eE."1 ~L--r~i2~ #-; - F~$D f'4RI-<I~4 ., :>''1:Itxl tIl. llJ '00 t1 !1l' t1 ::s llJ ~ txl t1 o llJ 0>< o :I1 ",. ~ 00.....>'3 I-' t1 '" C I-' llJ I-' ::s :z a c e: ~ ~ ~ g OJ " ~ ~ "' ~ ~ ~ G: a & a ::~ "CQ~ ~ co ~ ~ ~ '" ... ~:.~, "I .=' I ~i;1 i c == >- III (J) ~co _ _... 'V ~~ trj :: Z @ ,---- ",' ," . " U ;,': -\i 'I" , .~._. /:;--~ '.I :~ ~ "'>,,~' .. l'.;_,.~. ' Iii 0) ',-~ ,-;,--;;. --.----..'"-..,,- < , - '"' .., - ,- ATTACHMENT TO APPEAL TO BOARD OF ZONING ADJUSTMENT CITY OF ASPEN DATE ()lo.Y5 1 I q i7 CASE NO. '77- 7 The applicant requests that the required number of parking spaces for the subject property be reduced from 6 to 5 so that 1737 sq. ft. of the eixsting structure may be changed from residential use (a use by right) to office (a use by right). I" '- 2 ,....'" - For the following reasons, it is our belief that a variance should be granted. 1. Special conditions and circumstances exist which do not result from the actions of the applicant, which are: a. The property is a non-conforming lot, the size of which was established August 23, 1889 in a Quit Claim Deed granted by Alba Spencer to Lida E. Taylor, who built the house. b. In 1893 Mr. Duryea produced the first American automobile, however, a volume production automobile was not available until the 1902 Oldsmobile. This began a Use pattern which lead to the heavy automobile traffic on Hain Street in Aspen and the need for parking off the streets. No action by the applicant significantly contriubted to this growth of auto useage. c. Zoning was instituted in Aspen and off-street parking became a requirement many years after the house had been located on this site. The zoning has been changed num- erous times by the City of Aspen, and presently requires more parking than can physically be located on the site. This zoning has also limited the uses by right of this property to residence or office. Because of poor plan- ning and bad decisions in setting regulations in the past, the zoning regulations have not only driven the sheep and cows out of town, but many people who now must use automobiles to get from one place to another. The applicant took no part in these decisions. 2. Many special and extraordinary circumstances apply to the subject property that do not apply similarly to other properties in the same vicinity and zone, which are: a. Hany of the properties in the zone are located on larger sites where land is available to provide parking. b. Many properties in the zone are not designated historic and could therefore be torn down and reconstructed to provide the necessary parking. c. Many properties in the zone have been built or remodeled so that plumbing and electrical systems would be sufficient to change from one use by right to the other without need of a building permit, which means parking would not COrne under review. "...... -- 3 ,;~ - d. The vast majority of properties in the zone are not located on the corner of Third and Main where traffic is so heavy that a residential use is virtually impos- sible. e. Most ownerships in the Zone are on conforming size lots. f. Most properties enjoy an existing conditional or non- conforming use or the option of either of the uses by right because they have not needed to obtain a building permit and therefore have not come under review. 3. The granting of a variance is essential to the enjoyment of a substantial property right enj oyed by other properties in the same vicinity and zone, but denied the subject property because of the special conditions and extraordinary circum- stances because: a. Two Uses by right are available to the Owner, however, since a building permit will be needed and the property is short one ]llrking space for one of the uses, this is cut to one use by right. However, that use, which is the present use, has created for the Owner a financial loss situation for the last few years according to the Owner. The reason is that the use as a residence is so undesir- able that she cannot keep tenants. Noise, size of lot, location, traffic and poor siting of the house historically all have contributed to this problem. If no permits were required to up-grade the mechanical and electrical system, the Owner would be free to change Use without obtaining a variance. b. This residence built in 1889 (ref: Tax Record and Aspen Daily Times, September 12, 1889, Page 4, Column 3) has had the circumstances of Aspen and the world change around it, it has been designated as historic, it is no longer viable as a residence, and it should have the opportunity to continue a viable existance. This can only happen if a reduction of one parking space is allowed for the office Use. This is the only viable use option allowed this structure. 4. The granting of the variance will not adversely affect the general purpOse of the comprehensive general plan. a. The Municipal Code Section 24-3.2 Permitted and Conditional uses for the 0 Office District states "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 commercial and business areas and along Main Street and other high volume thoroughfares." ;-. - 4 - -...,;' The variance would allow this non-conforming lot to make a contribution to fulfillment of the stated intent of the code. It would establish an office use while preserving the visual scale and character of this former residence. The site is on the busiest corner on West Main Street. It is where Third Street, the access road to the Aspen Institute and the Music Tent, comes in to Main Street. b. Section 24-4.5(c) Off-Street Parking Requirements of the code states for uses other than Residential, the required parking is "3/1000 sq. ft. by right. Fewer spaces can be permitted by special review (SR) by the Planning and Zoning Commission but no less than 1.5 spaces per 1000 sq. ft." The applicant's first step in this procedure was to attempt to get that special review from the Planning and Zoning Commission. The Planning Office informed me that because no other condition except parking was involved (i.e. the use was permitted by right) that my remedy must come from the Board of Adjustments through the Building Department. We have in the present structure 1737 sq. ft. and 512 sq. ft. which are the residence and an apartment respectively. We would like to convert the 1737 sq. ft. to office Use. The required parking would be 1 snace for the apartment and 5 spaces for the office Use by right. The allowable reduction in the code would require only 3 spaces for the office. What we are asking is that you give us 1/2 of the reduction which would be allowable under Section 24-4.5(c) of the code. - I"'" - IOI...Er:.KE.R ~ I BLOCK 37 S I BLOCK. 38 - -:r. \-- -:L \- uJ \l.l ~ \- IfI a C! -::t: \-- . U\ -. -' ~-rg'EE.1 ~- III Ul lY: l- I!' o l'L A B ~Loc.K 44 M HAIH siRa!!.!, A.. e F.3 LOCK 4 5