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Home My WebLink Aboutlanduse case.boa.204W-Hyman.007-75 ;~7'~~" .. ..... ~\ ,,,,....., " "'l' .... ','\ ,- . CITY OF ASPEN DATE April 18. 1975 APPELLANT DONALD L. SIMPSON CASE 0~~@,. 7') 7<;'515# ..**10.00 ADDRESS Box 3094. Aspen 'OWNER DOAJALD t.-. ~iM P~OtJ ADDRESS l3cx '309'1 IJsrFi....J ( - LOCATION OF PROPERTY JOLt W HLff\14N - . Unit 5 Koch Townhouses Condominiums (Street & Number of Subdivision Blk-. & Lot No.) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made a part of CASE NO. 75-7 The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justifications: See Exhibit A, attached hereto and incorpGrated herein. SIGNED~cY'. M..~'~ Appellant Provisions of the Zoning Ordinance requiring the Building Inspector to forward this application to the Board of Adjustment and reason for not granting permit: Application is made for a variance to permit the use of an all ready constructed dwelling unit for rental purposes. Previous zoning -regulations permitted four units. Five units exist on the premises today. Present zoning permits a maximum of two units and therefore the present structures are non-conforming. No such non-conforming use shall be enlarged or extended. Section 24-12.2 Non-conforming Uses of Land Section 24-3.2 Permitted and Conditional Uses Schedule R-6 Residential PERHIT REJECTED, DATE APPLICATION FILED .J/j .;;2'1/75 MAILED sjuj7S DECISION ~~ DATE 5. DATE OF HEARING 0/0>.. '2,/7$ ~. -0t~ - ~ccrct.lry Status , NOTICE OF PUBLIC HEARING Case No. 75-7 BEFORE TF.E CI'l,'Y OF ASI'EN BOARD OF ADJUSTHE},"T TO ALL P~O:?ERTY Q<,TNERS AFFECTED BY THE P.EQUESTED ZONING OR USE VARL,:ir:E DESCRIEED BELOH: 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 ac such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state. yo~views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: Time: May 29, 197 5 4:00 P.M. Name and address of Applicant for Variance: Name: Donald L. Simpson Address: Box 3094 Aspen Location or description'of property: Location: 204 West Hyman Unit 5 Koch Townhouse Condominiums Description: Variance Requested: Applicant desires to use condominium unit for rental purposes. Such a use would exceed present density. The unit was built by Bob Stevens, is fully carpeted and contains all kitchen appliances. The building presently houses applicant's dental office as well as two residential units. The applicant submits the following reasons or justification for Duration of Variance: (Please cross out one) OVER------- ~ Pennanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY .~ ~.d .@j). ~ Chainnan, II r-. ~ proposed exception: l) that special or extraordinary circumstances apply to subject property that do not apply similarly to other properties in the same vicinity and zone, ie. this unit has already been built by the developer and is physically ready to be occupied. but forthe density. 2) that the granting of a variance is essential to the enjoyment of a substantial property right enjoyed by other properties in the same vicinity and zone, but denied the subject property because of the special conditions or extraordinary circumstances. ie. there are other condominium buildings in the same vicinity and zone with even greater density than Koch Townhouses would have if this, the fifth unitk could be used as a rental unit. Also the unit was purchased by applicant for $11,056.55, and a denial of the variance would mean that there is absolutely no use to which this unit could be put. 3) that the granting of the variance will not adversely affect the general purpose of the comprehensive general plan. On the contrary. Aspen is in desperate need of additional housing. and this rental unit, which is physically ready to be rented, would be one more unit available for housing. In addition. the neighborhood is such that across the street is located (1) the I~ Palace. and (2) Cottonwood Condominiums containing l8 condominium units. Applicant realized that the Building Inspector would have certain requirements before he would allow the unit to be inhabited and applicant. would. of course. agree to comply with those requirements. Application is made for a variance to permit the use of an already constructed dwelling unti for rental purposes. Previous zoning regulations permitted four units. Five units exist on the premises today. Present zoning permits a maximum of two units and therefore the present structures are non-conforming. No such non-conforming use shall be enlarged or extended. Section 24-12.3 Non conforming Uses of land. Section 24-3.2 Permitted and Conditional Uses Schedule R-6 Residential. , LAW OrrlCES OATES, AUSTIN a MCGRATH 600 EAST HOPKINS STREET BOX 3707 LEONARD M. OATES RONALD 0, AUSTIN .... NICHOLAS McGRATH, ,JR, ASPEN, COLORADO 81611 WILLlAM E. CLARK OF COUNSEL WILLIAM R. JORDAN m ANDREW v, HECHT April lB, 1975 AREA CODE 303 TELEPHONE 925-2600 HAND DELIVERED Mr. Clayton Meyring City of Aspen Building Inspector Post Office Box V Aspen. Colorado 81611 Re: Unit 5, Koch Townhouses Dear Clayton: Enclosed please find the fOllowing: I. An Application for Variance 2. A list of adjacent property owners 3. Letters from the three other individuals who own condominium units at the Koch Townhouses 4. Application fee in the amount of $10.00 5. Set of the Koch Townhouses plans I would appreciate it very much if you would process this variance application. As I will be out of town until Monday. May 5. if anything further is needed. please contact Lennie Oates of my office. Also. because I will be out of town. I would appreciate it if the hearing is set sometime after May 5. 1975. Sincerely. OATES. AUSTIN & McGRATH By Will~~rdan '" WRJ/bz Enclosures cc: Dr. Donald L. Simpson "- c' "loti. ~' ~ ... ir".o, ,.', _f'. , ' CITY aspen Ie. SPEl\J ~ ;1 hD.:{ " Certified Mail # 560932 July 12, 1973 Robert L. Massucco P.O. Box 1901 Aspen, Colo. 8l6ll Dear Dr. l>lassucco: An inspection was made July 12, 1973 by Bill Ward, Deputy Building Inspector, and myself of your base- ment apartment under your dental offices at 204 West Hyman. This apartment is an illegal unit since it was con- structed without a building permit required by City of Aspen's Building Code and Zoning Ordinance. It is further violation of the Zoning Ordinance ,in that it exceeds the density requirements and no off-street parking has been provided. It is in violation of the Building Code since this space is considered a cellar which does not permit habitable rooms. The required light and ventilation has not been provided in th~ living and kitchen areas of the unit. This space was originally constructed as a storage area and was in that condition when the Certificate of Occupancy was issued July 1971. You hereby have a period of 15 (fifteen) days upon receipt of this letter to remove the non-conformity, and return the space to it's original condition. Failure to comply will result in legal action taken against you. S,incere~y,. -. ~\0'~0J~\,l~.tl~1 \~v,\,--,~ ~ Clay to.. H. .__"~_r.,_ .j \ Chief 3uildi~g In3p~~~G~ I . . CC:S2~C~~ St~llcr ~.c::<:~r:t. S te'/ens Ar.son Ga~n.sev 8-::.rr:>l::.-a r:~ r:.: ~ Ti~0ne Thc~~son , EXHIBIT A TO DONALD L. SIMPSON VARIANCE APPLICATION Applicant desires to use condominium unit for rental purposes. Such a use would exceed present density. The unit was built by Bob Stevens. is fully carpeted and contains all kitchen appliances. The building presently houses applicant's dental office as well as two residential units. The applicant submits the following reasons or justification for proposed exception: (I) That special or extraordinary circumstances apply to subject property that do not apply similarly to other properties in the same vicinity and zone. i.e., this unit has already been built by the developer and is physically ready to be occupied, but for the density. (2) That the granting of a variance is essential to the enjoyment of a substantial property right enjoyed by other properties in the same vicinity and zone, but denied the subject property because of the special conditions or extraordinary circumstances, i.e., there are other condominium buildings in the same vicinity and zone with even greater density than Koch Townhouses would have if this, the fifth unit, could be used as a rental unit. Also, the unit was purchased by applicant for $ll,056.55. and a denial of the variance would mean that there is absolutely no use to which this unit could be put. (3) That the granting of the variance will not adversely affect the general purpose of the compre- hensive general plan. On the contrary, Aspen is in desperate need of additional housing, and this rental unit, which is physically ready to be rented, would be one more unit available for housing. In addition, the neighborhood is such that across the street is located (I) the Ice Palace. and (2) Cottonwood Condominiums containing 18 condominium units. Applicant realizes that the Building Inspector would have certain requirements before he would allow the unit to be inhabited and applicant would, of course, agree to comply with those requirements. T' PROPERTY OWNERS ADJACENT TO UNIT 5 KOCH TOWNHOUSE CONDOMINIUMS 1. Tyrone Thompson, Box 3102, Aspen, Colorado Unit #1 Koch Townhouses 2. Barbara Hoff, Box 2222, Aspen. Colorado Unit #4 Koch Townhouses 3. Maynard Torchiana, Box XX, Aspen, Colorado Unit #3 Koch Townhouses 4. Phillip and Susan Menu, Box 2239, Aspen, Colorado Lot Q, Block 53, City and Townsite 5. Howard A. Vaughan, Jr., Box 367, Hebron, Illinois 60034 Lots F and G, Block 53, City and Townsite 6. Mary E. Dean, 343 Dexter St., Denver. Colorado Lots H and I, Block 53, City and Townsite 7. Brown Ice Palace, Inc., Box 7l0, Aspen, Colorado Block 54, City and Townsite 8. Mary C. Johnston. Box 926, Aspen, Colorado Lots A and B, Block 61, City and Townsite 9. Cottonwood Condominium Units I-A Dr. and Mrs. C. L. Weisenthal 1030 East Courtland Place Milwaukee. Wisconsin 53211 l-B Ann Tilton Warren 128 Gilpin Street Denver, Colorado 80218 l-C Mr. and Mrs. C. E. Fuller IV 1953 Crestridge Drive Englewood, Colorado 80110 I-D Mr. and Mrs. Marshall Pack 3205 Austin Drive Colorado Springs, Colorado 80909 l-E Mr. and Mrs. Robert G. Faber 2455 Adare Ann Arbor, Michigan 48104 l-F Dr. and Mrs. Elliot L. Coles 836 North 12th Street Milwaukee. Wisconsin 53233 2-A Mr. and Mrs. Martin R. Warshaw 2279 Mershon Drive Ann Arbor, Michigan 48103 2-B Mrs. Mary Dahlquist P. O. Box 2719 Aspen, Colorado 81611 Ii I ! Ii II I I ! I I , 2-C Mr. Monte Miller, Vice President Virginia National Bank Norfolk, Virginia 23510 2-D Mr. and Mrs. Walter C. Pope III Sonora, Texas 76950 2-E Mr. and Mrs. James B. Kurtz 5500 South Steele Street Littleton, Colorado 80120 2-F Dr. and Mrs. Harold R. Lutz P. O. Box 4995 Aspen, Colorado 8l6ll 3-A Ms. Anne Burroughs P. O. Box 1511 Aspen, Colorado 816ll 3-B Mr. and Mrs. Granger Costikyan 990 Lake Shore Drive - Apt 30A Chicago. Illinois 60611 3-C Mr. Edwin W. Baker. Jr. 3202 South Magnolia Street Denver, Colorado 80222 I I 3-D Dr. and Mrs. William C. Jackson 855 Vine Street Denver, Colorado 80206 3-E Mr. and Mrs. Richard L. Deane 301 Marion Street Denver, Colorado 80218 3-F Mr. Gordon Denton 3l05-40th Street Lubbock, Texas 79413 Cottonwood Condominium Association c/o Roy Reid Realty P. O. Box 496 Aspen, Colorado 8l6ll c CITY OF ASPEN FINANCE DEPARTMENT CASHIER'S RECEIPT No. D Trollic Ticket D Tow Ticket o liquor & Beer lie. 0 Liquor Occupation Tax o Bicycle license 0 Soles Tax license o Contractor license 0 Business license o Court Fines 0 Spec. St. Assess, u 68896 o Dog license 0 Mops. Codes & Zoning D Dog Impound Fee D Zerox Copies D Other pi 1 tt-Jj-. RECEIVED OF, {,/./(, -,PR 211- 75 Id~ (c- t .-J 26615# ****10.0~ I . - - - 00 C'~75-7 Board of Adjustments Aspen, Colorado I . I Dear Sirs, I, Barbara Hoff, do not object to Donald L. Simpson, D.M.D., obtaining a variance so that he can use Unit #5 of the Koch Townhouse Condominium for residential purposes. Prior to execution of this consent, Donald L. I Simpson, D.M.D. has given me a statement in writing that he will not rent said unit to more than one individual or one couple without children. No animals will be allowed and consideration for other condominium owners in regards to parking will be closely observed. ~tit~4 ~/~ Barbara Hoff jI (J - -- ... . o {' ~75-7 Board of Adjustments Aspen, Colorado Dear Sirs, I, Maynard Torchiana, do not object to Donald L. Simpson, D.M.D., obtaining a vairnace so that he can use Unit #5 of the Koch Townhouse Condominium for residential purposes. Prior to execution of this consent, Donald L. Simpson, D.M.D. has given me a statement in writing that he will not rent said unit to more than one individual or one couple without children. I No animals will be allowed and consideration for other condominium owners in regards to parking will be closel I I - - - -- o o 0075-7 Board of Adjustments Aspen, Colorado Dear Sirs, I, Tyrone Thompson, do not object to Donald L. Simpson, D.M.D., obtaining a variance so that he can use Unit #5 of the Koch Townhouse Condominium for residential purposes. Prior to execution of this consent, Donald L. Simpson, D.M.D. has given me a statement in writing that he will not rent said unit to mo~ than one individual or one couple without children. No animals will be allowed and consideration for other condominium owners in regards to parking will be closely observed. ~~) ~ -- ---- I I I I , ., j~1 75-7 Counselors in Real Estate 600 South Cherry 8t, Denver. Colorado 80222 3::>3-320-5600 May 23, 1975 The City of Aspen Board of Adjustment Aspen, Colorado 81611 Attn: Mr. John Dukes, Chairman Gentlemen: I am in receipt of your notice of public hearing in case *75-7 concerning the Koch Townhouse Condominiums at 204 W. Hymen. I want to go on record as opposing the variance re- quested by the applicant for the following reasons. The building has apparently more units than was allowed under the previous zoning. Mr. Stevens, the developer, is known in Aspen for having consistently developed everything he was allowed to develop on any given piece of property. In this case, apparently he exceeded the zoning allowance at that time. The fact that the applicant apparently cannot use the property unless he is granted the variance, is of little consequence. There are many people in Aspen today whose value has been greatly diminished by virtue of the recent down- zoning. That recent down-zoning seriously curtails the future development potential of Aspen and therefore, obviates the need for alot more employee housing. I and no one else can certainly agree that "special or extra- ordinary circumstances" apply to the sUbject property that do not..similarly apply to other properties since everybody has now become a nonconforming use in Aspen. The applicant is not in need of a variance in order to enjoy the full benefits of his property rights that are enjoyed by other properties in the same vicinity because certainly special conditions or extraordinary circumstances do no exist that do not similarly affect other properties. The applicant cites the fact that he paid $11,000 for the property and the denial of the variance would mean that there is abso- lutely no use to which the unit could be put. "Let the buyer beware", he should have known it when he bought the property. While the chairman of the current board of variance was sitting on the same board of adjustment in 1969, I as the developer of the Cottonwoods Condominiums along with my The City of A'en, Board of Adjustment Page Two May 23, 1975 partners, were denied a variance to allow our building to remain approximately 27 inches over the allowed height in those days. We were forced to cut our building down at a cost in excess of $30,000. When the order was given to cut the building down, no one on the board knew whether or not we could even use the property. There was no concern what- soever over the fact that we might have suffered a loss in excess of a half million dollars and we were therefore ordered comply or cease construction. Some few months later the height limitation in Aspen was raised to a maximum that would have allowed our building to exist at its original height. We did cut the building down and suffered the economic loss without going to court to contest the action. Other people in town have been similarly put upon in sub- sequent years. Accordingly, I can see no reason for the granting for this variance. Additionally, I might add that when the Cottonwoods was built, the zoning at the time would have allowed us to put 20 units on the property and achieve additional income of approximately $60,000 to $80,000. We did not choose to do so because we felt that it would be an over-utilization of the property and instead built only l8 units. Under current zoning we would only be allowed to build 4 or 5 units. I disagree with point 3 in the notice that the granting of the variance would not adversely affect the general purpose of the comprehensive general plan. It would add one more unit to the property. If this were done with many existing properties in Aspen, it would end up in over crowding in direct conflict with the intent of the new zoning ordinance. I repeat, that I as owner of apartment 3-C in the Cotton- woods Condominium at 124 W. Hymen, strongly oppose the granting of a variance in case *75-7. Very Truly Yours, ~(/P~ A;~I Edwin W. Baker, Jr. C(..: ~ l.-~~''-C.l ~:B~ ~ ~c.~