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HomeMy WebLinkAboutlanduse case.boa.213E-Main.021-76 , , .... , - .' . 'J , , APPEAL TO BOARD O,F zor~ I r~G ADJUsTt'1Er'IT CI TY OF ASPErJ DATE October 29, 1976 CASE NO. 1f4 -~J ~PPElLANT Heritage Painting and ADDRESS P.o. Box 1853 Decorating, Inc." PHONE 925-6970 O~INER James E. Moore ADDRESS 0603 Maroon Creek Dr. 925-7779 .. LOCATION O~ PROPERTY 2.31 E. Main S.treet:. Lots' G, H, and I, Block 7 4 ~1r~~ ~~ ....,~. 1Street & Number of Subdivision Blk. & Lot No.) Building"Permit Application and prints or any other pertinent data must accompany this application, and will b~ .made part of CASE NO. THE BOARD WILL R~TURN THIS APPlIGATION IF IT DOES. NOT CONTAIN . ALL: THE F ACT 5 I N 'Q U EST ION ~ . DESCRIPTION OF PROPOSED EXCEPTION SHOHIN~ JUSTIFICATIONS: Appeal from administrative determination. Description attached. " Wi 11 you be r e pre s en t e d by co U n s e 1 ? Yes xx N <> .Peter~V~n Dome1en"' P . (0. 'Box 8 0 0 9 Aspen, Colorado 8+611 925-'6415 . "SIGNED: Attorney for Appellant ~ Jia~cnt~' PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION to THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: ," , . " '. . Application is made for a 'permi t to chang,e the us.e "of ~ building e. from a c.onforming u,se to. a' n~n-'cE)nfoDti~ng use.. ." World" Savings is ,a business. office which. ispermi tted in the off:Lce z0ne ~ .A retail paint s~ore' is a re"tail commer.cia1' e'st.ab1ishri\(:~'nt and is on.ly per"': mi tt.ed in the CC and C-l zoning distric.ts...." ' . .Sec. 24. ~ 3.2 perm~tted ahd: co~ditio~a~.uses 0 Office Distiict . . . ... . Status · DECISION DATE ATE IF HEAH}N'G /V~'V-; /~) /1'16 ~~'J.r-- PERMIT REJECTED, D^TE . APP~ICATION FILED II-Il~ ~70 NOTICE OF PUBLIC HEARING Case No. 76-21 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMEl\1T TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELO\.J: 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 v~riance 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. YOlr vie\\1s 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 variarice. The particulars of the hearing and of the requested variance are as follows: Date an9 ]i.me of lv!e.etin&: Date: Time: December 2, 1976 .~ : 0 0 pm Nan1e_ a..ndd.~.. addre.4s~ of uAEElicant for :L?_~~~~e.:. Name: I James E. Moore/Heritage Painting and Decorating, Address:i P. O. Box 1853 Aspen, CoRorado 81611 Inc, ~!~~_at~~_, O!~~C~~'.Pat1~.~n~o.~_-E..~rty: Location: Descri~pt:ion: 231 E. ~1ainSt. Block 74, Lots G,H,I Original Aspen Townsite y a 1: i a~~~"!$~~~~ _~~,~ e (1. : Application is made for a permit to change the use of a building from a conforming use to a non-conforming use. Worl~ Savings is a business office which is permitted in the office zonel. A retail paint store is a retail commercial establishment and is on~y permitt~d in the CC and C-l zoning districts. Sec. 24-3.2 permitted Durat101 of Var~ance: (Please cross out one) and conditional uses O-Office Dis,trict .' -~ . A nJ.r"~'j Pel:1naIlent THE CITY OF ASPEN BOARD OF'ADJUST~m~r BY ~...~....~.~_~~~_ cJH Chairman .1. ~u 0~. i~~'d~ PETER VAN DOMELEN ATTORNEY AT LAW SUITE 202 MILL & MAIN BUILDING 400 E. MAIN STREET ASPEN, COLORADO 81611 (303) 925-6415 October 29, 1976 Board of Adjustment City of Aspen Aspen, Colorado 81611 Gentlemen: This is an appeal from an administrative decision of the Building Inspector in refusing to approve the issuance, by the City License Officer, of a business licence to Heritage Painting and Decorating, Inc., the Appellant herein, for the operation of a paint and wallpaper store at 23l E. Main Street, Aspen. The Appellant has negotiated a lease of the premises from James E. Moore, the owner, for the purpose of conducting a retail paint and wallpaper store. The Appellant's application for a business license was denied on the basis of the Building Inspector's decision that the premises could not be used for the pllrposes of a paint and wallpaper store under the provisions of the Aspen Zoning Code. The premises are located within the "Office Zone District" as established under amendatory ordenance No. 49 dated October 12, 1976 of the Aspen Zoning Code. The premises were used and occupied by World Savings and Loan Association for "financial institution" purposes until April 23, 1976, at which time said use was dis- continued. The use of the premises for "financial institution" purposes is a non-conforming use under the new Office zone and was a non-conforming use under the previous Office-2 zone classification. The proposed use of the premises by Appellant for a paint and wallpaper store would likewise be a non-conforming use under the Aspen Zoning Code. Section 24-12.2 of the Aspen Zoning Code makes the following provisions with respect to the continuation of a non-conforming use: "Where at the time of the passage of this zoning code, or amendment thereof, lawful use of land exists which would not be permitted by the regulations imposed by this code, j- the use may be continued so lo~g as it remains otherwise lawful, provided: (a) No such nonconforming use shall be enlarged or increased, nor extended to occupy greater area of land than was occupied at the effective date of adoption or amendment of this code; (b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this code; (c) If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located. (d) No additional structure not nonforming to the re- quirements of this chapter shall be erected in connection with such nonconforming use ~f land. A nonconforming use shall not be changed to a use of a lower or less restrictive classification, but such nonconfor- ming use may be changed to another use of the same or higher classification. (Ord. No. ll-l975,S l)" In the present case, the non-conforming use of the premises has not ceased for a period of more than one year and conseqently the premises are subject to the benefit of S 24-12.2. Section 24-12.2 expressly authorizes the change of a non-conforming use to another non-conforming use of the same or a higher class- ification. The change of non-conforming uses in the present case is from "financial institution" to "paint and wallpaper store". Section 24-12.8 of the Aspen Zoning Code presecribes the priority of use classification as follows: "Whenever in this article reference is made to a higher (or more restrictive) classification and lower (or less restrictive) classification of uses in providing that a a nonconforming use may be converted to a higher but not lower classification, uses shall be considered higher or lower according to the following sequence (highest to lowest): agricultural, residential, public, office, accommodations, commercial, light industrial and heavy industrial. (Ord. No. 1l-1975,S 1)" The question thus presented is whether a "paint and wallpaper store" is of the same or higher use classification as a "financial institution" . r S ecifically authorized as "permitted use" within the Commercial C re (CC) Zone and within the Commercial (C-l) Zone are both a II aint and wallpaper store" and a "financial institution". A " aint and wallpaper store" is also authorized as a "conditional u e" in the Neighborhood Commercial (NC) Zone, whereas a "financial i stitution" is not authorized as either a "permitted use" or "condidional use" within the Neighborhood Commercial (NC) Zone. Neither a "paint and wallpaper store" or a "financial institution" i authorized as a "permitted use" or a "conditional use" under a y of the other Zone classifications. I is clear 'that both a "paint and wallpaper store" and a "financial institution" are in the same "commercial" class u der the provisions of the Aspen Zoning Code. Thus, the c ange from a "financial institution" use to a "paint and w llpaper store" use is a change to a use of the same class- ification and is expressly permitted by the Code. F rthermore, within the "Commercial" use classification of t e Code, a "paint and wallpaper store" is a higher use than t at of a "financial institution" in as much as a "paint and wallpaper store" is a "conditional use" within the Neighborhood C mmercial (NC) Zone whereas a "financial institution" is p ohibited from such zone. e decision of the Building Inspector should be reversed and at a determination should be made authorizing the change in n n-conforming uses as described above so as to permit the i suance to the Appellant of a business license. T e certification of Aspen Title Company setting forth the n roes and addresses of the property owners situated within 3 0 feet of the premises is enclosed herewith. Refjf~ct~Ul~~, SUb~itted' ~ lfti;t ~~ Peter Van Domelen Attorney for Heritage Painting and Decorating, Inc., Appellant CITY SPEN 130 so aspen~ street 81611 MEMORANDUM DATE: November 11, 1976 TO: Members of the Board of Adjustment FROM~andra M. Stuller RE: Heritage Painting & Decorating, Inc. Members of the Commission: This appeal is a little different than most so I offer some background information to help in framing the issue. Review of Interpretation The problem arose when Clayton, in reviewing a business license application, disapproved Heritage's which indicated an intention to operate a paint store in an area formerly occupied by the World Savings & Loan offices in the Moore Building (231 East Main). Clayton's disapproval was premised on his opinion that the area is office zoned, the proposed use was commercial, and, consequently, the business not permitted. The license was denied and this appeal brought to overturn the action of the building inspector. Section 2-21 authorizes this Board: (1) To have and decide appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of the regulations established by the zoning laws. For appeals relating to the use requirements of the zoning laws, notice of a hearing is sent to owners of property within 300 feet of the property and this requirement is to be satisfied prior to hearing. To overturn Clayton's determination the action of four members is required (as in cases of variance requests). This requirement is spelled out in Sec. 2-22 which reads (in part) : M~mbers of the Board of Adjustment November 11, 1976 Page 2 (a) The concurring vote of four (4) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant upon any matter upon which the board is required to pass, or to effect any variation in the provisions of the zoning laws of the city. Consequently, the procedural and notice requirements are identical to a variance request; however, the issue is not whether practical difficulties or hardships warrant the authoriza- tion of this use, but, rather, whether Clayton's interpretation of the code was, in this instance, correct. History of Zoning in Area This area of Main Street was zoned 0-2 as a result of the 1974-1975 rezoning of the entire City. The "0-2" district stated as its intention: "To retain the present mix of uses on Main Street, to encourage the preservation of structures of historic significance and the character of the entrance to town, to provide for reasonable use of properties along Main Street, and to maintain efficient use of Main Street as a primary high volume east-west thoroughfare." Permitted uses were: Single-family, duplex and multi- family residences, professional and business offices. Conditional uses included: Art, dance or music studios; library; day care center; restaurants; rooming and boarding houses if located in a structure which has received an H, historic designa- tion, and adequate parking is provided on site with access from an alley; museums and mortuaries. ~I Pursuant to a P&Z recommendation this spring the "0" a d "0-2" off ices have been consolidated, and a single 1.'0," district f rmed, which district designation applies to the Moore Building. T. ese changes were adopted in Ordinance 49, Series of 1976. Con- s~quently, the code now establishes the following with respect to this district. 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. Members of the Board of Adjustment November ll, 1976 Page 3 PERMITTED USES - Single family duplex and multi- family residences; professional and business offices; accessory dwelling units recognized as moderate income housing by an approved housing plan by special review of the planning commission. CONDITIONAL USES - Fraternal lodges, boarding houses, shop craft industry, restaurants, antique store, furniture store, bookstore, florist, visual arts gallery, music store, (for the sale of musical instruments), nursery-day care center, art, dance and music studio, mortuary; provided, however, that conditional uses shall be considered (1) only for structures which have received historic designation, (2) for no more than two such conditional uses in each structure (not including within such limitation accessory dwelling units recognized as moderate income housing by an approved housing plan), and (3) only when off- street parking is provided with alley access for those conditional uses along Main Street. Inasmuch as the propo.s'ed paint store is not a commercial use accessory to any office use on the premises, is not a professional or business office, and is not a specified conditional use (nor could a conditional use be approved inasmuch as the Moore Building is not eligible for historic designation), Clayton felt the use is not allowed under the relevant code provisions. Nonconforming Use Appellants do not argue, however, that the use is presently permitted. They argue, instead, that the World Savings & Loan offices were a commercial use and thereofre, under the zoning code provisions relating to nonconforming uses, they may continue the nonconforming commercial use of this space by replacing the savings and loan with a paint store. Relevant sections of the zoning code read: Sec. 24-12.1 Intent Within the districts established by this zoning code, or amendments thereto that may be adopted, there exists lots, structures, and uses of land and structures, which were lawfully established before this code and passed or amended, but which would be prohibited, regulated or restricted under the terms of this code or future amendment. It is the intent of this article to permit these noncon- formities to continue until they are removed, but not to encourage their survival. It is the further intent of this article that nonconformities shall not be enlarged Members of the Board of Adjustment November 11, 1976 Page 4 upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Sec. 24-l2.4 Nonconforming uses of structure or of structures and premises in combination If lawful use involving individual structures, or of structure and premises in combination, exists at the effective date of adoption or amendment of this zoning code that would not be allowed in the district under the terms of this code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: ... (c) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another use of the same or higher classification, but such use shall not be changed to a use of a lower or less restrictive classification; (d) Any structure, or structure and land in combina- tion, in or on which a nonconforming use is super- seded by a permitted use, shall thereafter conform to the regulations for the district, and the non- conforming use may not thereafter be resumed; Sec. 24-12.8 Priority of use classifications Whenever in this article reference is made to a higher (or more restrictive) classification and lower (or less restrictive) classification of uses in providing that a nonconforming use may be converted to a higher but not lower classification, uses shall be considered higher or lower according to the following sequence (highest or lowest): agricultural, residential, public, office, accommodations, commercial, light industrial and heavy industrial. Clayton's rationale for his action was that (1) the Savings & Loan was an office use, (2) that this use conformed with the office district and consequently any nonconforming commercial use cannot be resumed (Sec. 24-12.4(d)), or (3) in the alternative, if the savings and loan was a nonconforming use, it can be replaced with a similar use of the same or higher priority, but a paint store (admittedly commercial) is of a lower use priority than the savings and loan (Sec. 24-12.4(c) and Sec. 24-12.8). The appellant argues in opposition that (1) the savings and loan is a Members of the Board of Adjustment November 11, 1976 Page 5 commercial (not office) use, and (2) installation of a paint store would not undermine the purposes of the "0" office district. The rationale is given in the letter to you dated October 29th over the signature of Peter Van Domelen Appellant's Argument Appellant argues that: 1. The paint store and "financial institution" are to be construed to be commercial uses because they both appear in the CC and C-l zone districts; and 2. In fact the paint store is the higher use classifi- cation because it appears in the NC district (whereas "financial institutions" do not). These arguments can be rebutted by noting that: 1. The CC and C-l districts are cumulative districts, i.e., they contain office, public, recreational uses, etc., as well as retail commercial uses; i.e., all uses within these districts cannot be defined as commer- cial; and 2. The NC district is not a "higher use" district; it is designed to establish neighborhood commercial areas for those services routinely and repeatedly used; consequently, it is the frequency of use rather than type of use that is the distinguishing factor between this and other commercial districts. (The uses permitted within this district are those "small convenience estab- lishments designed and intended to serve the daily or frequent trade or service needs of an immediately surrounding neighborhood.") In support of Clayton's action it can be argued that: 1. A savings and loan use is clearly an office use; in fact, at one point savings and loans were (in the code) distinguished from "banking institutions" generally and listed as a conditional use in the office district (this on the theory that savings and loans are more like office rather than commercial uses because they do not generate the customer traffic that banks do (inasmuch as they offer limited service - deposits and loans) . 2. The 0 district is designed to offer a transition between the commercial districts and adjacent residential Members of the Board of Adjustment November 11, 1976 Page 6 districts, and this purpose would be defeated by per- mitting the installation of a paint store (see "Intention ... to preserve the visual scale and character of formerly residential areas that now are adjacent to commercial and busine.ss areas and along Main Street and other high volume thoroughfares.") 3. The only commercial uses permitted within this district are itemized and conditioned upon providing off-street parking from the alley, and limited to two such uses within a structure. This evidences concern for traffic generation on Main Street and a need for reduced commercialization, neither of which purpose would be achieved by the proposed paint store. I am sure both Pete and I will request an opportunity to expand on our positions at the time of the hearing. SMS : rllC cc: Clayton Meyring Peter Van Domelen Bill Kane ~ [J/STRICT 'Cl , ~ Residenti aJ Z ? ,.... .... R.6 INTt'N1'!( )J\" To provid.. ar('HM for r(.~~jdelltiul PUfJ)()8~8 with custurna ry He. c~M~ory UI-t~R, H~f""Htl()nHl and i rH~tl t utionlll U f4fl8 ell Rtom n n I \' found in proximity to rf\sid(\Il- tiaJ U~t:'8 art' illcludfld BH condi- tional U8f'R. Retri de nti aJ R-t5 Sames. H-6 PFR ^[ I l'Tf.1) llSES (Y)l'v-DITIO~VAL USF:S ()lll' fHlnii.\' d\\'t'Jhn.~. two'(arn- ilv dw('llil'K; EH'('~8Horv huild. nl~ and Uf'H,'; fann 8 no ~ ;lrd('n huiJdln~ und HRt:' provldf'd that nIl ~u('h buddinf{8 and titnrH~e :1 rt . a.A n r (' J 0<, at p d n t It' a!4 t 1 00 (()(If f ren1 prl'e x.i sti Ill{ d w l'Jll n ~8 qn nth('r lots. ()p('n UHt~ r~cT'eation site; puhlic 8chool: church; h08pital: puhlic adminiHttation buildin-.r; day care centers. See 24.3. i(k). SunH' us H.I) · Retri denti aJ R.JO Same 01 R-6 Samr 8S H.G Heei de nti .. R-40 Same a. R-6 Snrne 88 R.6 Same lll) R-6 Snmp AR R-6: loci ge w ht're indicated on the zoning diHtrict nHlp. ()pen use reCT'eation aite: ridin~ acad~m v; public .chool; church: h08pital; public admini8tration buildinK. Keei de nti aJ / M uJti- "~amiJ y Same 88 R.6 R/MF '? Z ~ .... .... To provide (or the UI4f' of } And for intenai ve JonK h'nTI rt"\H- identiaJ purposes. wi {h ('US- tomary aC("etJ8ory U8f>S and It'8S i ntensi ve office U5(~~. Rt-'cre-- ationaJ and institutional U,....8 ('utJtomari Iy found . n pro,", I nu l y to re81d.>ntiaJ U1H'S ur~ i nel ud..d A,.. {'onditionnl UHP'i. Rural f{t'8i d.... nti nl RH To allow utilizHtioll nf litnd for low o('nHit,v rPMid('nllHJ pur- pOtit"H with ('U...tnlllHrv rt~ cl'ratlonal, institutional. puhllc and o01('r corn pn t I hi (' 1I Sf'S (' us- torna ril y found in proxl III i ty to thOHt US('8 p(>rnlitted indUt!ed 88 rondJ tion at U~t'\~. (In(L(nmily dWf*llinK, two-fam- ily rlwt~llin": nluJti.fomily tiw~lIi nJ{s; town hOli8flA; He' C't"R8ory build. ng or use. fhl(l."flllnily dWt'!linK: lH'(,f'HHory huildin~. nnd UHf'; (urrn and ~ilrdt'll huddinK use provided that all such bujJ(tinil~ and Rt()ra~e Urt'dH af.) locat.t~d at If~ast 1 no (pet from pre-exi sti n~ d weill nJ{ in ot her J ot8~ n un.wry; Krppnh1lltHe. Puhlic huildinl{; puhlic RchooJ; c:h urch; h 08 pi t uJ; rndi () tower; r~ereati()n club; open use rt."- cn~otion site incJudinl{ ski runs, ski lifts and other B'kiing facili- ties and 8tructur('s: seW8J{e dispf.lsal area; water treatment plant: water atorsKe and rpser. voir area: electric b\Jbstation or f{aR reR'ulntor stations (not in. cludinR building for offices, repair or 8tora~e). ()rfic~ ().2 ; . 1: (~omm...a al ) Cor. ... .. Tn rt'tl.lin th(' pntsent rlia X (If UNes on Mai n Strpet, top lacour- n~e thf" prt'H~r\' a t i on of Htr He- ture" of, historic Hil{nificann' and tht. chura('ter of t h.. ('n, trance to town, to provi (it.. for rf'asonnhle U~t' of propf'rtt.'s alouJ( Main StreE"t, and to maintain efficient UHP of l\1ain Street 88 a primary hi){h vol. urn. ~at1lt'W"8t th()r()u~hfure. Sin ~ I p. f: H (1 i I y, d u pIc x n n d In ul- ti-fanlily ff'Nidt.'nccs profession. al and hU~llH'RR offices. Art, danre or music studios; library; day care center; restau. rnnts: roonlinR and boardi nJ{ hOUB~S if located in El IItructun> which has rfl'ceivlId an H, histone designation, and ad(~ q un te parki nR 16 ~rovi ded 0 n site with aCef'S4 from an alley; museurns and mortuaries. cc To "Ilow th.. u".. of IEtnd for retail and UTvice cOlnl'T}erci all recreation and inRtlt utional purpose-a with custonl nr y ac- cessory U8es to ..nhanct>> th~ bU8ineu and lJervi("~ character in this central core of the city. Accommodations and rt'si rlt~n- tial USN are limited to an aCCe880ry .tatus. (1) Medical and d~nta1 clinics, profeuionaJ ortic.... (2) ()pen use rcC"reation "ite, rt-<Teation club. theater, ns- senl hI y hall, 8(' hool, church, h08pitaJ. pu hlic hui hli nit for admi nistrnti on. (:1) Restaurant. tearoorn- pT'ovidt,.d all faciltties for pn'parntion of food are 10. C'ated within 8 buildi n~ on t h.. Jot, (4) Hetai 1 conI m ('rei aJ e~t n h. lishrnent8 limited tq the folJowinf{ and 8imilnr us('!'<<: Antique titnre, appJinnce store, art 8upply store, art Kullt'ry. bakery. bookNtore. camt.)ra shop. candy. tobaC'. co or cit{orettc Rtore, t1ori~t Mhop, food market, furni. turt' etore, gift shop, h ard- Wurft atort', hobby shop. jrwf-lry ,hop, job pri nli ng 8hop. key ..hop. liquor .toft'. pet .hop, pRint "nct wnJlpnper stor", photogra- phy shop, sporting good" "tore, Atation..ry etore, vari. t'ty Htore. (1) RJ.creutional and ent~rtuin. m{'nt estahliAhments lim- itrd to the following and 8imilnr Use8: BUAinesR, frH- trrnal or social club or hall; ice or rollpr lIJkatin~ ri n k: ehop-cr nft i nd ustr y; l{uHoline service station: provi ded all operati on8 are conducted within the pn n- ci pal buildi ng or structure. (2) Hotel. (:l) Newspaper and magazi ne pri ntinl{. ~ DlSTRIC'T -u ,?i Z ~ .... ..... INTf;AVT/(),,\' ..................._.--_.._'"._----_..._......._._.._--_.._._-_._-"'._._-_.._~..... -:- ~ ~ ...... .... (~ornmer(' aJ c-) Z ? ~ ...... To provid~ (nr the f"'1tahhl4h- Input of C()nlnU~r(;llj 1I(;t'R whieh Clrt' not pnnulnJ'1 orit'nttAd townrd. aervinl( tht, tonriAt popuJution. }'FN,'flTTl';/) (,rt,f.;S (:d ~,"!"VIl'P comltler\..1aI flRtid)> 1I',du(H'nts lUl1ltpd fq tt\f~ ful! ow; Il~ IPHi Hi n1 d nf U .Ht'~: !h.:~ili"~'H oftlcf\, f"H:.'nllg ft t. r v ~ t'. I , f1 n a n c ~ al i n ~'. { I t U bOll, pt'rfo<uflnl Rt'rvjc't' in. cl u dill K h . t r 1... i r H it..t be .. \ U t ) n lH) p. (' U :, to In tjf'\\' 1 n", . dry ('1.'IH\Hl~ pickup Htntlon laundrornat, tuilonnt\ and ~h()e ft'pnn Hhl.\p, pHrl\1n~ lilt or parkJllJ{ ~a.r.lKe, HtudlO Ln. illRtnH'tion in tht, nrt.tt, rudio or tt.'lt'vi,..ipn brond('utitl nK facility. (f;) H.c:' n l it I, rt" JHU r 1\ n d ~lholl&~~uin6-{ facIlIties in l' () nJ un (' ti 0 n wi t h un y 0 f t} \(' II bO\,(-i lisll'd Ut\Hi providpd all ~;urh activ-ity i,. clt~urlv in- cidt.'fltnJ and (.l(.'C('li~ory to lh{~ pt. rnl i t tt, d UHf' H n d con d U (led wi t hi () a b ui 1 di n;or (7) Storu~f' t If III att'" nlH 1.1('- (,t:~~H(lry to uny of the ahovp li8t~! use. prOvl(l.-.d all auch .tor_ire w ),)c8ted within a etructure. (R) Roftrdi n,houae. roomi nit houRe, dormitory-ncces8ory lo oth(.r p~nnj u('d URf\8. B Ild com rnsi ng 1(>8~ thAn onf'- half of the total floor area of th(' buildinK, ~x('l UR) \it' of floor Rr(t8 devoted to par ki n~. (~)) r)w~llin~ unit8-aeCet,liory to oth.'r p~rmitted UHeA, and ('(unpriRinK It-~8 than une half of the totA.l floor an'n of the buildinR_ (10) N ('w"paper pu hli6hi nR of. fi (" (l' , (11) Cahnret and ni~bt cf uh (1) ~1(.di{'u) and dental dinic~ prOf~8f1ionn] and bURln{lRA offi, .('.~ (::!) ()Iwn U8E>> fP\"reot)on 81tp ()r d II b. U A8em hi y h nl L eh urch, hospital. pu hli c building for 3dlniniHtration. t:n JU)lHil COnlnH.tr(;ll] ('stub. hRhnlenl8 lirnited to the folJowinl and similar Uf4es: Antique .tore, appliance store, art auppJ Y f\tore, boolultore. photo 8 nd carn('rn shop, 811 ~aJIery, tlOrlBt, hohby or craft shop, j('Wf'! ry Htort\ I.Hot sho p. fur ni- tuni Hton", hurdwnrt' t-ltqre, paint and wallpaper store. (t,) S('rvice comm~rcinl cHtnb- hshnlenta hrnit..d to thp foJJowinl{ and Himilar UReA: Bus) ness offic(\ cutt'n OK tJ~rvIC~, financial institu. tion, parking gnrajlt'. (S) AccesHory Rtora~p for the llb()v~ UHf'S if Incnt~d within the strurture. ( {),~ l)w e II i n ~ u nit 8 1H 'C ePHH) r y to pernlltted UHet4, (7) Sln~d~family, duplex and rnulti.fnrnily units_ (H) BrondculIitanjl{ stations ('()^r nrrlC)N A L IJSr;"'; None Servicel Conlmeroal/ I nd ustri a1 S/C/I To allow the UHf- of land for linllt(ad conlnlerelltl purposes and limitt'd indu~tnaJ pur- POfH:'It. with customary n('(,~1>4f1O. ry and inatitutiouul UMe",. In addition. resldenccR for tho8e enl ployed in thi8 di stri ct nH1Y ljmitt.d cornrn.-rcill.l aud induA- trial uses incllldin;.e the follow. inK and ~inlilar us~s: Vehide SUlt-8; 'qu,ir,..r~nt(\1 RtornK~ and rt.pnir; ~nH()Jine H('rvlC"t' Rtali on; u utonHJ biJ ('> w n~ hi nil fncilitlt~S; {'1.'ctncttJ and pJuln- Dwelli nf( units accessory to other permitted uses; catalogue aales store. ~ D/STR/C.r ...., ~ Z ? ..... C,..) INTf~.\/7 }(),.v be included In tilt' "f\r\!i~.t. or conlmerc1al hui I di n k"[~ or ad. jacent th.reto 118 ('or'dllionnl U~., Nei .hborhood Comm.,o ad NC z ) .... ~ To allow COI1\'f'nit-nce fl'lttab- li.hmenta .. pllrt of ft nPI rh. borhood. df'.isrnf'd end plnnnrd to h. com pati bit' \\ it h the aUn"Oundinfl nea K hhr'r hood and to reduce traffic tleneration. circulation and pn.rki nf( prob.- lema, J> f.'R All TT 1:'1) [!5,f..S birl~~ !H'rvire 8hqp~ ('ornn~erciul hak(.r; linlitrd in! ustrinl ll,'\P~ in<,Iuding the (0 lo\'/inR and I'irnilnr Ulice: Buildf.'ris supply; dry cleaning plant and Inun- dry; fnbricution and rcpair of build ing materials and conl- pon()nta; Iurl1bcrynrd; rnanu- facture find repair of spoTting good,,; printing and publish. ing plants; w8r()hout\in~ and fIItoragC'; ftnd shop-cruCt. indus- try; pruvided that no permit- ted USes creates an unusual traffic hazard, noise, dust, {ume!, odor!, ~nlokc, VApor, vi- bration, glf\re, or industrial waste diapo8s1 proil}enl. (See aection 24-3}~ (d).) ~nlnJl convflnit'ncp. ".,.tnbtish. mf'nt.. de8iJrn..-ct nnd int<,ndf'd to ""'rVt' tht dniJy or fr('qlH'nt trnd~ or ..ervic~ need. of ftn imnlf'fiiotcly IIurroundinl( n~i~h. borhood. Such ~8tabhlh. m~ nUl i nrl udf!l footi IItores, pharmaceutical., liquor .tore.. dry cj~anjnf( and laundry pick~ up .tationei barhf.r ehopG, beauty "hops, pOt4t office bran. chest anel 8hoe repair shope. C~(jN DITIO.^/ A L llSES Srr\llCf- "tntion; applinnce, TV .ale. and aervlce shop: Inun. dromat; Ilnrdf'n .hop; nurrlwRrf' .hop; pllint anti wallpar)('r .tore; Cllrp(lt, noonnr and dra- pery 8hop; bUlineu and profes. .ionsl office; 8cCe88ory dw~r. ling unit8. OffiCfl o 1"0 provide lor the cRtablish. ment of office8 8 nd associ 8t~d com m~rd IlJ u ~e.. too ge- 0 ne l.r 1 To encourUi~ conetr uC'tion and renovation of lodgt'fl i n th~ areaa adjacf'nt to the ('ornmt'r-- CISJ cure and to pre vent the ('(tn V(l>rHi on of e xi At J ng lodges into lon"'t~rm residencf's. Lodp.Two L.2 ~ 1'0 encourot{e contJtnH~tion 8nd ~nOV8tJ()n of JOdjC('A in thfl Ilrea tit the hase of AHpt'n Mounttun nod to allow corHtlru('t ion of touriat oriented rnuJti-(iUlliJy unit.. f) ~ C~omm('rci III I ..od Iff' :..J C1.. 1"0 provide for Hw f'Htp:)!J..h- m.,nt of con1 mere; HI U,~f-:-4 It t tttret"t Jpv...l hill n.quinn~ that all AddItional Mforit'M b., lod~r.' arcommodation14, AClld..mj c A To f'fatabli"h tlrr-n~ IJRt'd (or f'd u C ft ti () n And c u It u r aj He t iV1 t 1- f"" \\i th A ttt' nd ant rf'fi(' H r(' h, h 0 u si n ~ 14 n cl n rl 'n i n i H t r 11 t I ve fa, cilitifl8. AI) df'vplopnit'nf )f; to proctA.-d eccordillK' to R. ~jitp pItH) II P r r 0 V"'O pur HUll n t t ('\ t h f' pn)V1S10n8 o{ Artle/t. \'If. ~P(~_ {'tnlI y PI II 11 :led A re [\~ ('OflfiPrvAti on C' Tfl pr(nridt' ar4'IlM'Il 10'..\ df.r),citv d (' \' ~ lop rn fl' n t lit f' fJ h . " 1(' t' P 11 i " I C n '('" no u t 4 (l n . C (I n H P" \ fIn J\ t u r d l r(lkourc't'~, f'n<."ourRJ{p th.~ pro- duction of crop" (4nl' l\lllln(\]~. and to ('(,ntHl" nod ",tructUrt) ur ba n d (l'veJo prllf> n t ~.-.. ..,...... .-.' _.,...........,..__._..M ...."_...._,,......._'.-.......~.-..-...._,,_....... ._.._,_.. Medlcnl. dfJntaJ and oth(lr pro- fesoiona! and bUAin(,88 offIces; mortunrie~; t10r16t; phann bcies (or the cxclUflive purp<\fU~ of 8er\'lTlj{ medjcaJ and df'ntal offic(~R~ HinKle-family, duplex and 1l1u1ti-(arnily r~8jdpne(,8. Art, dance or mUllic atudioA; bU8inl'8d. fraternaJ or socinl c) lJ b; shop-craft i nd ustry: lie hrary: nursery: day care c~ntflr; athletic club. Lodgr u nJts; boardi OK houses; hotel; di ninK room, laundry and rC<'rt'utionaJ fncilities for KUf1'8tS only, L.odgt: units hORrdin.c houRes; hotd. dining roonl, laundry and nlo('ff'atlon farihties for ~ueBt8 only; m uJti.{ ami! y res. denCfA8. All ~f rr(&t le\'el U8~8 -nrnc U8 ( : ( '; q n d K f' a c ( 0 ITl n 1 () d a l i (I n ~{ 0 n tH'cond and othf'r ~t(Jrit.'"1 J>n\'Htt' ~('hool or unt\('r~lty; tn\{'}lI"~ hOHpiLd; r('~.'Hn'h fn. eilrty Hnd tpfitjn~ Inborutory provid(.d that fluch rHci!itH'~ are t'n\.'l(}~t~d :llld Own. [,re no IHh'PIRf' noiRf' or f'n\'lronrnpntul f.fffActH: auditoriurn and otht'r fai'IIIL)(>~~ for pt'rfom'lf1ncf's nnd Ip('tllrc's; r,nlh"fY; nlU~t'Urll: Ji. h r a r~' : n n dad m i n i 8 t r a ti v f' () ffi - f '('~ Sif1all,..fnrlldv rtw/'llinK, {\llbll!' d"fllf'n'ufV, )Uf"l1nr llnd "'I4'~l'ilr hJj{h !-f( hdul; h()~pttal: ('hurch; P jl r k. p L t ~; fi e 1 rl, p I H Y ",I"f ell] n d a Il d ~tdf t'our~/" ri(hilK HtHhlt"; ('t'nH~' fa r y; crqp prorf u('fi 0 n. 0 rc h nrd H, nur"t~n(>", nowrr production and forest )8nd~ pnAtllr~ und J{Tazln;c Lind: dairy: fiRh~ry: 1\ n i m aJ prod u ct 1 ( In: h u 8 h H n dry Hcetnurant H~8t8urant None B()nrdln~:h(l\Jsf:" And rlf)nnitnry for h()llHin~ studf'nts and faeu). tv; ~turl('nt, health care facility: sOt udent and facuJty di ni nl{ hall. e\.U,,.f r8n('hf'~; rp.rTClltionl1.l U8~. ;nt'Ju(l1n~ ridinJe a(8rlf~my, "tA- ble, or cI u h, country cl u band J{ol f course; 8ki Ii ft and ot her . k 1 fa C'1 Ii {1 f" s; sew [\ U'e d i 8 po8 aj Arpa; W At fir tr~..tmen t pI ant nnd IIt(lrS51e rfl'8crvoir; flel.tnc substation" and gas regulator stations (not lncl uding bU8i ne88 or admi nistrution office8), ~ DISTRICT tJ !' Z P ..... w T"'TENT/( J,tv' }) f' R Af I T r f: 1) (' ~ ,..: s ('()4~ DIT/()I\iA I {,rSES Bf~r Y1 C't''''' (i H It 1 n d ud.i n ~ COr:!- rrlf'r(; al f.-..-d J ot!t) 0 II d ot h., r fiun} und uKnculturaI \HH""i; nul ro n d r i t.: h t . 0 f . w n.v but not rfli)wny yard, Park 1'0 insure that land intended for rK.,.,."tion uae is d,,'Yt'loped in euch a mannt"r to 8t'rV(' ita intended u.e while not t." xprtJ OR a disruptive innu~n('(' on ad. jacent uan of lanel \Vh~n un additional tran8portatinn rr) defliignation, to provide- for the USE' o(the public tracts fur both parka and pu blic tranHportatJon facilities in the rnost conlpati. bIe man nt'r but wi t h t h~ pJ r k Ch8r8(1er to rcnlwn dominant. And when an udditIonal drainage (D) d~8it{nntion, to pro\<;de fur the UfU' of puhhc tracts (or both pnr k And drnina"f' aY8tem fu('iliti~8 in the nlost com pati hie nUln n~r with the park ch H ratter to remain dorninant. (l) ()p~n,u8t' recreational fa- ci)i t y; pur k. pI ny tiel d; ~}l n y. a-:round. golf ('ourRe; ridi n" RtublE': n\Jr8f-ry~ botanj~nl ~ardcn. (2) \Vhpn (\ trul1folportatinn (11 desll.(nut ion nppt'arM on the l () n inK d i At ri ct map, all the uvee in parnKToph (1); pub- lic transportation fncihty. includinJ{ bua 8top nnd oth.-r puhlic tranSIt Rtupe; tennina: huiJdinf{; tranH- portatlon 1nf<.'nnallon nnd otht'r ~ervic~ relnted fncilit. lPA; puhlic undeqrround pur kin ~ t; t r u ct u r e . (:1) \\"tu'o a drainuJlt" (I)) dl'sig- nation Hpp~ur8. 011 \lMt'R in lH'Hugraph (1); all Hie. re-- fJwred by an approved draina.. plan incJudin<< conduit.. .wale. and reten. tion ponds. (4) When II drai na~/trnn8por. tation (D/T) dfl81Knation appeare all U8ea in par. 8gT8pha (1 '. (2) n nd (~l). p z p .... C4 Public To provide for the developnlent of lovemmental and quui. governmental facililie. for cul- tural, educationn 1, C'i vi(~ 8 nd otheT ,overnmenta) p urpo8el. Pub Hecrf'ntion building-: aport shop; refJtllurant facility. Park m~1intcnance building. None Library; mueeum; poet office; h08pit.al: essenti aJ governmen. tal and pu bJic utili t Y URea, fAcilities, 8~rvic(l8 and build- ings (excluding maintenance shops); perlornling art rt""nt.er; public tran81t .top: termi naJ building", transportation in- formation and othf!'l" HT"--l.ce ~~. 4.te.: ~ ~~: '::.<1l'Ol ;,'&::x.:.,': ,'ref. a.o! .~d ~~#Grrcr~nd ~a:c rc u- eu; romm uruty t"t'CTeauon fa. cility; fire atation; public park.. !(Ord. No. 11-1975, 11; Ord. No. 84-1975, A 1; (}rd. No. 30-1975, ~ 2) ~. a3~ ~ THE WHITAKERS PUNAHOA BEACH APT5,. No. 302 2142 ILIILI ROAD KIHEI. MAUl. HAWAII 96753 .Gveaber 23, 1916 . Charles Paterson, ChairJlaD, ity of Aspen Board of Adjuat..nt, 130 South Galena st., spen, Colorado, 1611. Paterson, My wite and. I will be unable to appear at the Board. hearing en Deoember 2, 1976. regarding the application be Mr. James Moore tor a variance to perait a retail Pa1ntatore on Lots G, H, I, Block 74. We think this is a logical use, that there are 80 Il&J'11' other retail stores in the saae building and area. that tAe request is justitied. We think tAe exclusive o-Ottice Zelle is und.uly restrictive, and that it is ..reasonable to Dot permit a retail use on the ground floor. We not only do not object, we approve the granting ot a peraanent variance, Respectfully 7ours, ~~ ....St~ UJ:~ Mr. Franci 8 ..hi taker Mrs. Pertia L. Whi taker COPY' Mr. Jaaes .oore ~~~ rJh~ (J.'.I_~ . )C~k ~r- -0 Q I (." " NOTICE OF PUBLIC HEARING -~ Case No. 76-21 "BEFOI~E TIlE CITY OF ASPEN BOARD OF ADJUSTME}'"T TO ALL P OPERTY OWNERS AFFECTED BY 1HE REQUESTED ZONING OR USE VARIANCE DESCRIBE BELO~.J: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public h aring will be held irl the Council Room, City B.all, Aspell, 'Colo- rado, (0 at such other place as the meeting may ~e then adjourned) to consider an application filed with the said Board of Adjustment requesting authorit for variance from the provisions of the Zoning Ordinance, Chapter 24, Offi ial Code of Aspen. All persons affected by the proposed v~riance are invi ed to appear and state their views, protests or objections. If you cann t appear person'ally at SUCll meeting, then you are urged to state,.. yottvicw by letter, particularly if you have objection to such variance, as the Bard of Adjustment \vill give serious consideration to the opinions of surrolnding property owners and others affected in deciding whether to grant or deny the request for variarice. The part culars of the hearing and of the requested variance are as follows: Date and Time of Meetin Date: Time: ecember 2, 1976 :00 pm ~ame ~.T!9 address of ApJ)licant for Variance: Name: "James E. Moore/Iier i tage Painting and Decorating, Inc. Address: P. o. B<?>; 1853 Aspen, Coiorado 81611 Location or descri tion of Location .Descript V ari.anl~e ReSEes,t~<:'~J: 231 E. ~1ain St. Block 74, Lots G,H,I Original Aspen Townsite Application is made for a permit to change the use f a building from a conforming use to a non-conforming use. World Savings is a business office which is permitted in the office zone. A retail paint store is a retail commercial establishment and is on.ly ermi tt~d in the CC and C-l zoning districts. Sec. 24-3.2 permi tted Durat~on of Var~ance: (Please cross out one) and conditional uses O~Office District. Pe1.11ii:lnen t TIlE CITY OF ASPEI~ BOA1ID OF. ADJITSTMENI1 BY ,~;;. <)t.(~ ~_ . Chairman /1 r C!J~ ~c~ ~ REPORT #76-11-03 ASPEN rl'Irl'IJ}1~ C()IVIP .l:\.NY A TITLE INSlTRA,)o;CE AGE~CY POS'}' OFFICE BOX 27 ASPEN. (JOT.AORA])O 81611 (:.~{)3) f)25-~444 . . l~e have e amined the records of the Clerk and Recorder of Pitkin County, Colorado, and the tax rolls of the Treasurer of Pitkin County, Colorado, and find the names and addresses of property owners within 300 feet of the perimeter of Lots G, H, and I, Block 74, City and Townsite of Aspen, to be as follows: . Block 66 Lots and S ~ T. J. Sardy and Alice Rachel Sardy, Box 1065, Aspen, Colorado 81611 Block 67 Lots H, I, Rand S - City of Aspen, City Hall, Aspen, Colorado 81611 Block 73 Lots A and B - The Aspen Community Church, 200.N. Aspen St., Aspen, Colorado Lots C and D - Mary Eshbaugh Hayes and Wm. P. Eshbaugh, Box 497, Aspen, Colorado 81611 Lots E, F and G - John Crosby, 325 S. Forest STreet, Denver, Colorado 80222 Lots H and I - Louise II. Saurer, 152 East '8lst St., New York, N. Y. 10028 . Lot K John Rouben David, 197 Clinton Rd., Brookline, Mass. (26% interest) Kitty Pierette Sherwin, 7017 Arandale Rd., Bethesda, ~Id. (26% interest) John Rouben David and Kitty Pierette Sherwin, as Trustees (48% interes~) Lots Land M - Terese Louise David, 202 E. Main Street, Aspen, Colorado 81611 Lots N and 0 - Fred Pearce (1/2 interest and Ethel J. McCabe (1/2 interest) Box 531, Aspen, Colorado 81611 Lots P and Q - O. Louis Wille and Frances Lynette Wille, Box 1145, Aspen, Colorado 81611 Lots R and S - Chevron Oil Company, Western Division, Box 599, Denver, Colorado 80201 Block 74 Lots. A, B, and C - Claude M. Conner and Claudine M. Conner, Box 345, Aspen, Colorado 81611 Lots D and E - Katherine Thalberg, 434 W. Smuggler, Aspen, Colorado 81611 Lot F James E. Moore and Alberta: L.Moore,Pitkin County, Colorado. Lots K and L - Matthew Bucksbaum and Carolyn S. Bucksbaum, 202' E. Hopkins, Aspen, Colorado. Lot M Duane Johnson and Margaret Johnson, Box 149, Aspen, Colorado 81611 Lots N, 0, P, and Q - Elizabeth Ott, P. O. Box 2039, Aspen, Colorado 81611 Lots Rand S - Portia L. Whitaker and Francis Whitaker, 1265 Bunny Court, Aspen, Colorado. Block 75 Lots A, B, and C - Elizabeth Ott, P. O. Box 2039, Aspen, Colorado81611 Lots D E, F, G, IT, and I - Harry W. Bass, Jr.~ and Mary A. Bass, 1150 Merc~ntile Dallas Bldg, Dallas 1, Texas 75201. -Page 1- .11 REPORT BY ASPEN TITLE COMPANY #76-11-03 OF NAMES AND ADDRESSES OF PROPERTY 01;lliERS WITHIN 300 FEET OF THE PERI~fETER OF LOTS G. H, AND I, BLOCK &$, CITY AND TOWNSITE OF ASPEN (CONTINUED) Block 79 Lots A, B, C, D, and E - John F. Gilmore, P. O. Box J, Hotel Jerome, Aspen, Colorado. . Lot K and ,the West ~ Lot L - Carl R. Bergman and Catherine M. Bergman, Box 1365, Aspen. East ~ Lot L and all Lot M - Mountain States Communications, Inc., Box E, Aspen, Colorado. and the West 10' Lot N East 20' Lot N and all Lots 0, P, and Q, and pt. of alley - John F. Gilmore (see above) Block 80 Lot A and the West~ Lot B - Lena Van Loon, 303 East Main ~t., Aspen, Colorado. East~ Lot B and all Lots C and D - Svea F. Elisha, Box 259, Aspen, Colorado 81611 Lots E and F - Carl R. Bergman and Catherine M. Bergman, Box 1365, Aspen, Colorado. Lots G and H - Svea F. Elisha, Box 259, Aspen, Colorado 81611 Lot K - Wm. L. Beaumont and Florence R. Beaumont, 9052 S. Pleasant Ave., Chicago, Ill. 606~ Lots L, M, and N - LaCocina, Inc., Box 4010, Aspen, Colorado 81611 Lot 0 - Duane R. Johnson and Margaret W. Johnson, Box. 149, Aspen, Colorado 81611 Lots P, Q, and R - Helen T. White, c/o Predovich & Ward, Thatcher B1dg, Pueblo, Colo. 81003 Block 81 Lot A - Modern Method Corporation, c/o Hod Nicholson, Box A, Aspen, Colorado 81611 Lot B - Same as above (Modern Method Corporation) Lot C - Frenc Berko and Mirte Berko, Box 360, Aspen, Colorado 81611 Lots D and E - Helen T. White, 'c/o Predovich & Ward, Thatcher Bldg, Pueblo, Colo. 81003 Streets, alleys and highways not vacated - City of Aspen, City Hall, Aspen, Colorado. Although. we believe the facts stated are true, this report is not to be construed as an abstract of title, nor an opinion of title, nor a 'guaranty of title, and it is understood and agreed that Aspe.n Title Company neither assumes nor will be charged with any financial obligations or liability whatever on account of any statement contained herein. Dated this 26th day of October, 1976 at 8:00 A. M. ASPEN TITLE COMPANY By -Page 2- ;':' ~,~ //-,/ f~.7( ~.!0-. f;~ ~\~~ 'C17 ~~~ 't~. · . . l3>1(!)6~~) wteuvo . NOTICE OF !)UBLIC HEARIl'lG O.~ (If, b Case No. 76-21 BEFORE TIlE CITY OF ASPEN BOARD OF P~DJUST}1E1"'T TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELO~.J: Pursuant to the Official Code of Aspen of June 25, 1962, 8S amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such ot11eJ" place as t11e meeting 111ay be thel1 adj ourned) to consider an application filed with the said Board of ~djustrrtent requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed v~riance 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:- vie\v$ by letter, particl.l1ar.ly if YOll have obj ection to such variance, as the B~ard 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: December 2, 1976 .~!: 00 pm Name and address of A~~licant for Variance: Nanle: James E. Moore/lleri tage Painting and Decorating, Inc, Address: P. o. B~x 1853 Aspen, CoRorado 81611 Location 01" descJription of propert~: Location: Description: 231 E. ~1ain St. Block 74, Lots G,H,I Original Aspen Townsite Variance Requested: --.. ~ ..". - ~ .-- Application is made for a permi t to change the use o!f a building from a conforming use to a non-conforming use. World Savings is a business office wllich is permitted in the office zone. A retail paint store is a retail commercial establishment and is only permitted in the CC and C-lzoning districts. Sec. 24-3.2 permitted Duration of Varia11ce: (Please eros.s out one) and conditional uses" O,...Office District. --~.c<tty Pe~"'111allel1 t TIlE CI1Y OF ASPEI'l BOARD OF. ADJlTS'1"~1ENr BY ~~}Jf~tyV n o Chairman .J) ~&~ ~~~ , . rr NOTICE OF PUBLIC HEARING ~ Case No. 76-21 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO.ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELO~\T: 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 v~riarice 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- vic\'JS by letter, particl..tlar.ly if you have obj ection 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 Ti.me of Meeting: // //... Date: Time: D!ecember 2, 1976 -:4 : 0 0 pm / /' ..,/ ..; Name and address of Apolicant for Variance: \. Name: James E. Moore/lIar i tage Painting and Decorating, Inc. Address: P. o. B~~ 1853 Aspen, Coliorado 81611 Location o~ d~sc~iption of property: Location: Description: 231 E. ~lain St. Block 74, Lots G,H,I Original Aspen Townsite Variance-4 Req)1es terc!: Application is made for a permit to change the use of a building from a conforming use to a non-conforming use. World Savings is a business office which is permitted in the office' zone. A retail paint store is a retail commercial establishment and is only permitted in the CC and C-l zoning districts. Sec. 24-3.2 permitted Duration of Variance: (Please cross out one) and conditional uses O~Office District. -~tnYrErry Pe1."ll1anent r\ . ~..~~~ ~ ,,~~ ~ ~~. 'I/J~; 6. ~ THE CITY OF ASPEN BOARD OF.ADJUST~mNT BY ~"'~ ~ r~;Z~~ NOTICE OF PUBLIC ,f2rt ~ 1 \ - 30 -1 b . m~'~C~~b~ ~ E.~o-r~ HEARi~ ~ lD (I Case No. 76-21 --....._", BEFORE TIlE CITY OF ASPEN BOARD OF ADJUST}1El\11' TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELO~al: 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, Aspe11, 'Colo- rado, (or' at such ot11eJ-' place as tIle meeting luay be then adjourned) to consider an application filed with the said Board of ~djustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed v~riance , 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,. yotr vie\v$ by letter, partic'Ll1ar.ly if you have obj ection ~o such variance, as the B~ard of Adjustment will give serious consideration to the opinions of surro~nding 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 fol1o\A]s: Date and Ti.me of Meeting: Date: Time: .... December 2, 1976 .~ : 0 0 pm Name and address of AEplicant for Variance: Name: James E. Moore/Iieri tage Painting and Decorating, Inc. Address: P. o. B~x 1853 Aspen, CoRorado 81611 Location o~ descript,i.on of propert~~ Location: Description: 231 E. ~1ain St. Block 74, Lots G,H,I Original Aspen Townsite V ariance-J Re~uie s te~.: Application is made for a permit to change the use of a building from a conforming use to a non-conforming use. World Savings is a business office which is permitted in the office zone. A retail paint store is a retail commercial establishment and is only permitted in the CC and C-l zoning districts. Sec. 24-3.2 permitted Duration of Variance: (Please cros~ out one) and conditional uses O~Office District. --T"erI1}m--rary Permanent THE CITY OF ASPEN BOARD OF.ADJUSTMENT BY~~~ · 4 o Chairman .,/) rCJ~~~ . I 'i . t,,~ ~~ "f .. CITY 0 F~?ASPEN 130 south galen~ street aspen, coloradQ/' 81611 . ~,~ .~" ' - '" Oil< . ".~ .,.; -............. MEMORANDUM i DA~E: November 11, 1976 i TO:I Members of the Board of Adjustment I /!.JJ(J FR~M~~andra M. Stuller I i RE:I Heritage Painting & Decorating, Inc. I Me~ers of the Commission: I I I I This appe~l is a little different than most so I of4er some background information to help in framing the issue. Review of Interpretation ./",,/ . The problem arose when Clayton, ih~--reviewing a business Ii ,ense application, disapproved Heritage's 'which indicated an in ention to operate a paint store in an area formerly occupied by the World Savings & Loan offices in the Moore Building (23l Ea t Main). Clayton's disapproval was premised on his opinion th t the area is office zoned, the proposed use was commercial, an , consequently, the business not permitted. The license was de ied and this appeal brought to overturn the action of the bu Iding inspector. Section 2-21 authorizes this Board: (1) To have and decide appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the . enforcement of the regulations established by the zoning laws. For appeals relating to the use Tequirements of the zo ing laws, notice of a hearing is sent to owners of property wi hin 300 feet of the property and this. requirement is to be sa isfied prior to hearing. To overturn Clayton's determination th action of four members is required (as in cases of variance re uests). This requirement is spelled out in Sec. 2-22 which re ds (in part) : '...., Members.of the Board of Adjustment November II, 1976 Page 2 (a) The concurring vote of four (4) members of " the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant upon any matter upon which the board is required to pass, or to ef~ect any variation in the provisions of the zoning laws of the city. Consequently, the procedural and notice requirements are identical to a variance request; however, the issue is not whether practical difficulties or hardships warrant the authoriza- tion of this use, but, rather, whether Clayton's interpretation of the code was, in this instance, correct. History of Zoning in Area This area of Main Street was zoned 0-2 as a result of the 1974-l975 rezoning of the entire City. The "0-2" district stated as its intention: "To retain the present mix of uses on Main Street, to encourage the preservation of structures of historic significance and the character of th~entrance to town, to provide for reasonable use of properties along Main Street, and to maintain efficient use of Main Street as a primary high volume east-west thoroughfare." Permitted uses were: Single-family, duplex and multi- family residences, professional and business offices. Conditional uses included: Art, dance or music studios; library; day care center; restaurants; rooming and boarding houses if located in a structure which has received an H, historic designa- tion,and adequate parking is provided on site with access from an alley; museums and mortuaries. Pursuant to a P&Z recommendation this spring the "0" and "0-2n offices have been consolidated, and a single "0" district formed, which district designation applies to the Moore Building. These changes were adopted in Ordinance 49, Series of 1976. Con- sequently, the code now establishes the following with respect to this district. 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 toconunercial and business areas and along Main Street and other high volume thoroughfares. o '-" Members of the Board of Adjustment November 11, 1976 Page 3 PERMITTED USES - Single family duplex and multi- family residences; professional and business offices; accessory dwelling units recognized as moderate income housing by an approved housing plan by special review of the planning commission. CONDITIONAL USES - Fraternal lodges, boarding houses, shop craft industry, restaurants, antique store, furniture store, bookstore, florist, visual arts gallery, music store, (for the sale of musical instruments), nursery-day care center, art, dance and music studio, mortuary; provided, however, that conditional uses shall be considered (1) only for structures which have received historic designation, (2) for no more than two such conditional uses in each structure (not including within such limitation' accessory dwelling units recognized as moderate income housing ~ by an approved housing plan), and (3) only when off- street parking is provided with alley access for those conditional uses along Main Street. ~ Inasmuc.h as the propo.sed paint store is not a commercial use accessory to any office use on the premises, is not a professional or business office, and is not a specified conditional use (nor could a conditional use be approved inasmuch as the Moore Building is not eligible for historic designation), Clayton felt the use is not allowed under the relevant code provisions. Nonconforming Use Appellants do not argue, however, that the use is presently permitted. They argue, instead, that the World Savings & Loan offices were a commercial use and thereofre, under the zoning code provisions relating to nonconforming uses, they may continue . the nonconforming conunercial use of this space by replacing the savings and loan with a paint store. Relevant sections of the zoning code read: Sec. 24-12.1 Intent Within the districts established by this zoning code, or amendments thereto that may be adopted, there exists lots, .structures, and uses of land and structures, which were lawfully established before this code and passed or amended, but which would be prohibited, regulated or restricted under the terms of this code or future amendment. It is the intent of this article to permit these noncon- formities to continue until they are removed, but not to encourage their survival. It is the further intent of this article that nonconformities shall not be enlarged -.......... 'Members of the Board of Adjustment November 11, 1976 Page 4 upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Sec. 24-12.4 Nonconforming uses.of structure or of structures and premises in combination r.f lawful use involving individual structures, or of structure and premises in combination, exists at the effective date of adoption or amendment of this zoning code that would not be allowed in the district under the terms of this code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: ... (c) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another use of the same or higher classification, but such use shall not be. changed to a use of a lower or less restrictive classification; (d) Any structure, or structure and land in combina- tion, in o~ on which a nonconforming use is super- seded by a permitted use, shall thereafter conform to the regulations for the district, and the non- conforming use may not thereafter be resumed; Sec. 24-12.8 Priority of use classifications Whenever in this article reference is made to a higher (or more restrictive) classification and lower (or less restrictive) classification of uses in providing that a nonconforming use may be converted to a higher but not lower classification, uses shall be considered higher or lower according to the following sequence (highest or lowest): agricultural, residential, public, . office, accommodations, commercial, light industrial and heavy industrial. Clayton's rationale for his action was that (1) the S~vings & Loan was an office use, (2) that this use conformed w!th the office district and consequently any nonconforming commercial use cannot be resumed (Sec. 24-l2.4(d)), or (3) in the alternative, if the savings and loan was a nonconforming use, it can be replaced with a similar use of the same or higher priority, but a paint store (admittedly commercial) is of a lower use priority than the.savings and loan (Sec. 24-l2.4(c) and Sec. 24~12.8). The a~pellant argues in opposition that (1) the savings and loan is a o ~ ~ Members of the Board of Adjustment November 11, 1976 Pag,e 5 commercial (not office) use, and (2) installation of a paint store would not undermine the purposes of the "0" office district. The rationale is giyen in the letter to you dated October 29th over the signature of Peter Van Dornelen Appellant's Argument Appellant argues that: 1. The paint store and "financial institution" are to be construed to be commercial uses because they both appear in the CC and C-I zone districts; and 2. In fact the paint store is the higher use classifi- cation because it appears in the NC district (whereas "financial institutions" do not). These arguments can be rebutted by noting that: . 1. The CC and C-l districts are cumulative districts, i.e., they contain office, public, recreational uses, etc., as well as retail commercial uses; i.e., all uses within these districts cannot be- defined as commer- cial; and 2. The NC district is not a "higher use" district; . it is designed to establish neighborhood commercial areas for those services routinely and repeatedly used; consequently, it is the frequency of use rather than type of use that is the distinguishing factor between this and other commercial districts. (The uses permitted within this district are those "small convenience estab- lishments designed and intended to serve the daily or frequent trade or service needs of an immed~ately surrounding neighborhood.") In support of Clayton's action it can be argued that: · 1. A savings and loan use is clearly ari office use; in fact, at one point savings and loans were (in the code) distinguished from "banking institutions" generally and listed as a conditional use in the office district (this on the theory that savings and loans ,are more like office rather than commercial uses because they . do not generate the customer traffic that banks do (inasmuch as they offer limited service - deposits and loans). 2. The 0 district is designed to offer a transition between the commercial districts and adjacent residential .I o -........... Me~bers of the Board of Adjustment No ember 11, 1976 Pa e 6 I districts, and this purpose would De defeated by per- mitting the installation of a paint store (see "Intention ... 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.") 3. The only commercial uses permitted within this district are itemized and conditioned upon providing off-street parking from the alley, and limited to two such uses within a structure. This evidences concern for traffic generation on Main Street and a need for reduced commercialization, neither of which purpose would be achieved by the proposed paint store. ~ am sure both Pete and I will request an opportunity tolexpand on our positions at the time of the hearing. I SM~:fi\C ,,/ eel: Clayton Meyring Peter Van Domelen Bill Kane /" ~/ ,/ / i I I I I I. I I I I ! i CUSTOMER ~ CITY OF ASPEN FINANCE DEPARTMENT C) CASHIER'S RECEIPT 01-111 LICENSES & PERMITS 511 0 BUSINESS LICENSES 512 0 SALES TAX LICENSES 513 0 BEER - WINE - LIQUOR LICENSES 514 0 CONTRACTOR'S LICENSES 516 0 LIQUOR LICENSE APPLICATION 517 0 DOG LICENSE 518 0 CENTRAL ALARM LICENSE 519 0 BICYCLE LICENSES 520 0 EXCAVATION PERMITS '521 0 CONSTRUCTION PERMITS 522 0 ELECTRICAL PERMITS 523 0 PLUMBING PERMITS 524 0 HEATING PERMITS 525 0 SEPTIC TANK PERMITS 01-111 FINES & FORFEITS 561 0 COURT FINES 562 0 COURT BONDS - FORFEIT 563-01 0 TOWING FINES - IMPOUND 563-02 0 TOWING FINES - NOT IMPOUND 564 0 TRAFFIC FINES 566 0 FALSE ALARM FINES 568 0 DOG ,IMPOUND FINES 569 0 OTHER FINES & FORFEITS 01-111 OTHER MISC. REVENUES' 579 0 MAPS, CODES, ZONING, REGS. 589 0 OTHERS (DESCRIBE) 01-988-632-03 0 XEROXING (DESCRIBE) o OTHER - ACCT. NO. DESCRIPTION: (NAME, NUMBER, ETC.): RECEIVED FROM CASHIER VALIDATION r-:...-=-----~-~CITYOF ASPEN , CUSTOMER 0 FINANCE DEPARTMENT CASHIER'S RECEIPT 01-111 LICENSES & PERMITS 511 0 BUSINESS LICENSES 512 0 SALES TAX LICENSES 513 0 BEER - WINE - LIQUOR LICENSES 514 0 CONTRACTOR'S LICENSES 516 0 LIQUOR LICENSE APPLICATION 517 0 DOG LICENSE 518 0 CENTRAL ALARM LICENSE 519 0 BICYCLE LICENSES 520 0 EXCAVATION PERMITS 521 0 CONSTRUCTION PERMITS 522 0 ELECTRICAL PERMITS 523 0 PLUMBING PERMITS 524 0 HEATING PERMITS 525 0 SEPTIC TANK PERMITS c:) 01-111 FINES & FORFEITS 561 0 COURT FINES 562 0 COURT BONDS - FORFEIT 563-01 0 TOWING FINES - IMPOUND 563-02 0 TOWING FINES - NOT IMPOUND 564 0 TRAFFIC FINES 566 0 FALSE ALARM FINES 568 0 DOG IMPOUND FINES 569 0 OTHER FINES & FORFEITS 01-111 OTHER MISC. REVENUES 579 0 MAPS; CODES, ZONING, REGS. 589 0 OTHERS (DESCRIBE) 01-988-632-03 0 XEROX ING (DESCRI BE) o OTHER - ACCT. NO. DESCRIPTION: (NAME, NUMBER, ETC.):