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Home My WebLink Aboutlanduse case.boa.611E-Durant.003-75 ;'..r~~'.' T .-' :~\',.;'~'~ ~:~~~~~"1~':'.~..:0' CITY OF ASPEN '/,R -fi-75.' 211j78# ***.zOM CASE NO. DATE Harch 6, 1975 APPELLANT Phil Henke ADDRESS P.O. Box 800. P.O. Box 1144 Aspen Hike Sutton Aspen .OWNER Phil Henke ADDRESS same as above Mike Sutton same as above LOCATION OF PROPERTY 611 East Durant, Block 102 Aspen, 601orado (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 par~ of CASE NO. The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justifications: REFER TO PAGE NUMBER 2 SIGNED A provisions of the Zoning Ordinance requ1r1ng the Building Inspector to forward this application to the Board of Adjustment and reason for not granting permit: -Appiication is made for a building permit to build an addition to an existing commercial building by enclosing an existing outdoor sundeck area and creating an indoor resturant and bar in the enclosed space with an outdoor sundeck area abov& the enclosed space. The proposed addition and use _is above the street level which permits only lodge accomodations on the second and ather stories. (Schedule Permitted Uses Commercial Lodge District) The existing commercial building site has no open space. Twenty-five percent is required. (Schedule Area and Bulk Requirements CL District) Article XII ~Jonconforming Uses and Structures Recodification Ch. 24, Aspen Municiple Code. ~~~ Status S1gncd l PERI-lIT REJECTED, DATE DECISION DATE DATE ~P~A~ING . :i~/'75/~'L" rp/~' ~_ /3 C4~~ / ~ccrctJry APPLICATION FILED 3/a-;;/15 / 3A/75 , MAILED March 6, 1975 City of Aspen Appeal To Board Of Adjustment re: Proposed Addition 1'.0 Little Nel~~urant/ Bar 1,100 S.F. extension of the bar onto the existing sundeck. Also, a new outdoor bar service area w/ canopy and new stairs to the new upper sundeck. refer to attatched drawing. Description: The Little Nell's Restaurant/ Bar is located at the 2nd level in a building just recently rezoned to the new Cormnercial Lodge (C.L.) area by the City of Aspen. ':nie Little'Nell Restaurant! Bar as a direct result of this new zoning is now at variance with the specific requirements of the new zoning designation. Therefore, the Ownners request approval to construct the proposed addition as described by the following: 1. Remove the existing outdoor bar from the sundeck 2. Enclose the space shown on the attatched drawing and provide a new outdoor bar facility. 3. Provide for a new sundeck above the new enclosed bar area. i.e. the roof of the new addition to be a sundeck with new stairs up from the existing deck. Justification: The justification for the approval of this project is that the new addition will provide upgraded facilities to an already existing use. Variance requested: 1. Use variance 2. Exemption from 25% open space requirement PAGE 2 CITY OF ASPEN - 130 south ~alena street aspen, co lor a d oJ 8 I 6 1 1 ASPEN BOARD OF ADJUST~lliNTS Thursday, October l6, 1975, 4:00 P.M. Council Chambers I APPROVAL OF MINUTES II OLD BUSINESS III NEW BUSINESS IV CASE NO. 75-20 Little Nell extension V BOARD COMMENTS ,\ ( ,,~< '"'-"" RECORD OF PROCEEDINGS 1 00 Leaves rOIl" ~ c. r.1l0ECIIEll. 1.ll. co. Regular Heeting AS2en Board of Adjustments October 2, 1975 Meeting was called to order by Chairman Paterson at 4:10 p.m. with members Gil Colestock, Remo Lavagnino and John Dukes. Also present was Scott Reindl, Ass't Building Inspector. Case No. 75-l8 Bill Gaechter Applicant's statement: I would like the 25 feet front setback to be lifted in order to put in a two car carport with storage area. The house is five feet into the setback, lawn and split rail fence is l5 feet into the setback. A one car carport would not get both my cars off the street as would a two car carport. Building Inspector's statement: Application is made for a building permit to build a two car attached garage. The proposed garage would have a, front yard of 15 feet. The required front yard is 25 feet. Sec. 24-3.4 Area and Bulk Requirements R-l5. ~~.Gaechter noted that his house had been built before the Mountain view Drive was made and before they had the 25 feet setback rule. He said that the side of the house was the front before the road was put in by the City. Smith questioned if Gaechter needed a variance since he hadn't dedicated the road to the City. City Attorney Stuller was called upon to rule upon this question. She read from 24-3.3 and interpreted it to mean that this would include all roads whether dedicated or not. Gaechter said that the hardship was in the narrow roads during the winter. He was asking for a carport with the front and sides open - only the roof would provide the shelter for the cars. Hembers went into executive session. Motion Smith moved to grant the requested variance to permit construc- tion Qf a carport with a l5 foot setback from the west property line due to hardship caused by construction of Mt. View Drive and to improve the public safety and reduce the parking on Mt. View Drive. Dukes seconded. Roll call vote: Dukes, aye; Colestock, aye; Smith, aye; Paterson, aye. Motion carried. f'}fL- ~~ V~~~. . Approval of Minutes Lavagnino moved to approve the minutes of August 28, 1975. Dukes seconded. All in favor, motion carried. Old Business: (\ Li ttle Nell )i. *~ Colestock brought uD the memo sent to them by the City Attorne regarding the liquor license extension before Council for Little Nell's. Council had made the extension contingent upon a variance from the Board. Members expressed their displeasure with the owners of Little ~ell for not showing them all their plans and noted that not only had their architect, David Hauter, said it would not affect the view, but they had also said it wouldn't be enclosed. Member Fred Smith said that he had seen the addition and it was enclosed. Member~ asked the secretary to write a letter to Little Nell's attorney, Leonard Oates, advising him of their feelings. Smith _elL that the Ski Corporation should be made to disclose their future plans for the area since it has alreadv changed fn);~l .J. ~;jn~pl(:: ski(,t-'~.:'. Y"L'~;l:in9 91acc to a vc~r~/ cor:'s':lercial 2r.CZl. Board COllu:l('nts Coll'stock noted th":lC he; woulJ be qone nc~xt \vC'ck as would Dukc~:; iJ.nd LZlvilqnin'o. P,o.l.rd asked SL~cretary to post!}one m(.cting schcc1ulC'd for October 9th. Colcstod-, ul,:o noLed he: hdd a closing on hi.s lod')" next week. ~c,. 4~ Susan B. Smith, Deputy City Clerk -1- , r ' ~~-~ LEGAL NOTICE Notice is hereby given that a vacancy exists on the Aspen Planning & Zoning Commission. Anyone interested should contact the City Clerk, City Hall, for application form or information, during regular business hours, Monday thru Friday. /s/ Kathryn S. Hauter City Clerk Published in the Aspen Times March 27, 1975 LEGAL NOTICE Notice is hereby given that the public hearing for the Board of Adjustments, Aspen, Colorado, on case 75-3, Little Nell Restaurant has been tabled until April 3, 1975 at 4:00 p,m. /s/ Kathryn S. Hauter City Clerk Published in the Aspen Times March 27, 1975 ,'" .'....." .....',. Aspen Alps Condominium Association October 16, 1975 Board of Adjustments City of Aspen City Hall 130 South Galena Street Aspen, Colorado 81611 Gentlemen: Pertaining to Case #75- 20 application for variance for Little Nell, 611 East Durant, the Aspen Alps Condominium Association requests that the variance for an outside bar on the upper sun deck be denied for the following reasons: The original purpose of the building located at the bottom of Little Nell lift was for daytime ski-oriented amenities such as sale of lift tickets, ski shops and lunch facilities. We feel that as this location is adjacent to many second home condominiums we cannot stimulate further night club-oriented businesses in this area. We feel that additional bar-related enterprises will further already inadequate parking and add to the already prevalent nighttime noise factors. We approved the previous variance request from the Little Nell on the stipulation that no outside amplification of music be allowed, but feel that with the space now allowed from that variance, we cannot condone further variances for this project for the reasons stated above. Sincerely, ,// t7/J~ /~~k'4~ ~erald G. Hewey 7 General Manager :hs Box 1228. Aspen, Colorado 81611 Phone 925-7820 '- Post Office Box XX. Aspen, Colorado 81611 . Phone (303) 925-1000 October l6, 1975 Aspen Board of Adjustment P.O.Box V Aspen, Colorado 816ll Gentlemen: The Aspen Square Condominium Association 7-man Board of Directors met in Aspen on October 4, 1975 and discussed the variance requested by Little Nell's Restaurant to build an enclosed bar serving area on the upper sundeck which was constructed under a recent variance granted by the Board of Adjustment. The Aspen Square Board unanimously author- ized and directed me to express opposition to this additional variance for the following reasons: Is Hardship LeRitimate? The Board of Adjustment previously granted a variance to the applicant based on, presumably, the "hardship" result- ing from the inability of the applicant to master plan the property or persuade the property owner to do so. If this logic is sound, it would indicate that the applicant could apply for almost any variance imaginable and demonstrate a hardship to the Board of Adjustment. The Aspen Square Board of Directors feels that the Board of Adjustment needs to exercise good discretion in dealing with this applicant and with such an obviously one-sided approach. Zoning: Common sense would indicate that one of the basic historical reasons for zoning property would be to group together compatible land uses rather than having, for example, a horse rendering plant in the middle of a residential neighborhood. This particular parcel of property is essentially surrounded on three sides by tourist accomodations (North of Nell, Aspen Square, Chauteau Chaumont, Chateau Dumont, Aspen Alps,etc) with skiing on the fourth.side. It is obvious that these touristcaccomo- dations have had, and will continue eo have, little or nothing to say regarding the future use of this property if yet another variance is granted. The latest zoning requires that the parcel of land upon which the applicant proposes to make improvements be master-planned prior to any construction. Many of the Aspen Square owners purchased their property with the knowledge that the primary landowner of this parcel was the Aspen Skiing Corporation and that it was reasonable to assume that the need for access to and from the lift and its related activities would probably pre- clude any major change that would dramatically affect their view or ease of access to the lift. I feel that the recent zoning change should be enforced in this instance in that piecemeal modifications of the property could well result in the Aspen Square owners being deprived gradually of opportunities to express themselves on the merits or faults of any changes. Mr. Yank Mojo of the Aspen Planning office expressed the implied threat at the June 26th meeting that a master-plan of the property could result in a larger, more ,.. .... , ."'....,., Page 2 dense structure than the present one. While this is a possibility if the applicant can convince the landowner to master-plan the property, it is not a unique possibility for such could happen at any future time under the present zoning. I personally can see no gain to the Aspen Square owners other than perhaps some time by ignoring this pro- posed construction so as to avoid a master plan that may be inevitable. I also feel that it is better to know as soon as possible if their pro- perty and esthitic values are to be damaged so that they may take whatever action they feel is appropriate. Equity: I would refer the the Board to the following portion of a letter addressed to the Board on June 19th by Mr. Fred Dill, one of the Aspen Square property owners: "The "noise pollution" from this building, particularly in the evening, is substantial at present. If the outdoor area is increased there can be no assurance that this area will not eventually be used in the evening and greatly increase the already high noise level. In the building's present condition there is occasionally so much noise in the evening I sometimes find it difficult to sleep. Certainly the daytime noise level will be materially increased." Over the past 4~ years I have directly or indirectly supervised the manage- ment of Aspen Square and have received, during that period, numerous com- plaints on the noise problems from that property. A certain number of these complaints have been referred to the Aspen Police Department who has never, to my knowledge, been successful to any great degree in cor- recting the situation due to the inherently difficult task of trying to locate which person or persons in a crowd of lOa or so yelled at the top of their lungs and woke up half of the people trying to sleep in the sur- rounding buildings. The question of equity arises quite simply: Why should this applicant be granted a variance that will enhance his profits to the almost certain detrement of surrounding property owners who will have no practical or realistic recourse and may suffer economic losses and guest ill will as a result of lost business due to the inability of paying guests to get a night's rest? For any, or all, of these reasons, the Aspen Square Condominium Association's Board of Directors requests that this variance be denied. R Donal . H Managing Agent - For the Board of Directors Aspen Square Condominium Association, Inc. WILSHIRE COMPANY 440 GRAND A VENUB SUITE 208 OAKLAND, CALIFORNIA "l4610 TBLKPHON. (.ud &81-a181 March l2, 1975 Board of Adjustment City of Aspen Aspen, Colorado, 81611, Box V Re: Variance Case No. 75-3 Little Nell's Restaurant/Bar Owners of Investment Square Units 305-306 Gent lemen: As we are not in a position to recommend for or against the variance, we hereby turn over our authority and proxy in this matter to Messrs. Tony Scheer and/or Don Helmich, of Scheer, Helmich, and Grinnell, Inc., Aspen, Colorqdo. They will be notified of this by receiving a copy of this letter and a copy f your notice of public hearing pertaining to the subject. cc: Scheer, Helmich, and Yours I uf ' WI~S~ ii, p~ i/~ ~"+f~. ~"Ock Grinnell, Inc w/enclosure MS/d Note to Scheer, Helmich, and Grinnell, nc.: Dear Tony and/or Don: We turn this over to you to vote for or against a variance as you see fit, as you are managing Aspen squarf\and yourare in a better position to know whether this would be a~ ~sset or detriment to the city and/or Aspen Square. ! i i I Yours tiu y, MS/d 2J!), ." / J/ \</ .t\, fJJlanIetI ~ ~., !\\~J DEVELOPER & CONSULTANT ", \\\ P,O, BOX 10368 HONOLULU. HA~AII 96J16 ( ~:'<t < \ "D\'" ',\1, ,l~\ I , i ~ l TELEPHONE 923.7094 15 March 75 City of Aspen Board of Adjustment S~JlI As property owner, I object strongly to the granting of a variance for the Little Nell Restaurant 611 E Durant Block 102, Aspen. The present facilities appear to be adequate, especially since the ski corp is trying to reduce or at least not increase the number of skiers on Aspen Mountain. Expanding the capacity of the restaurant and sundeck will only add to the already existing critical noise, parking and traffic congestion in this particular aerea. Furthermore, by allowing an additional story to the present structure, the view chanels to Aspen Mountain could be greatly impaired, and having a public facility like a sundeck on a higher level than before, could destroy the privacy of adjoining property owners. Thank you, Yours truly, (~lLD~&~\J VlAv~ 415-981-3921 -\:v .\~ ~',: I i \\" '\/,'.('~ '. ".. , V -, j(' i (!11 ARTHUR ROCK & Co 1635 Russ BUILDING SAN FRANCISCO 94104 March 10, 1975 The City of Aspen Board of Adjustments City Hall Aspen, Colorado 81611 Re: Case No. 75-3, Public Hearinq Gentlemen: You were kind enough to send me the Notice of Public Hearing concerning the Little Nell Restaurant, Case No. 75-3. I am the owner of Aspen Alps apartment #809. I will be unable to appear at the hearing but do have the following comments which mayor may not be applicable. The loudspeaker on the outside of the Little Nell Restaurant is continually on and broadcasts extremely loud. I don't know whether this is in variance with the present zoning restrictions or not, but I would like them to stop broadcasting so loudly, especially at night. I wonder whether it is possible to have the Restaurant agree to shut off their loudspeaker as part of the consideration for the variance. Thank you very much for considering this matter. (1~'<<;~JJJ~ Arthur'~<* . AR:mg enclosure cc: Mr. Gerald Hewey r' '-" ~l;;i ~j \.,'\ \,\\ ." PETER G, M<; GUIRE 12810 HILLCREST ROAD, SUITE 221 DALLAS, TEXAS 75230 !'i' " \f ! " V' tv\arch 14, 1975 The City of Aspen Board of Adjustment Aspen, Colorado Re: Case No. 75-3 Gentlemen: As I will be unable to attend the public hearing on the above referenced case, I wish to state that I am in favor of what the majority of the property owners and the Board of Adjustments decides on the variance requested. Sincerely, q!E.;" PGM:en /' -- , ,/~~~ ~t- /~J "",~"]5'~" \' I 'tl~ \ '. . . /~ . . I' ~~~I II i ~/:~ March 22, 1975 Aspen, Colo. Re: Case No. 75-) Before the City of Aspen Board of Adjustroont ASpen City Council A rooeting of the Oifllers of the North of Nell Build ing was held on March 22, 1975, at which 71 percent of the ownership was represented. The matter of the proposed variance for the bar and restaurant located at 6ll East Durant Street was discussed. Because of the severe night tiroo noise pollution resulting from the present operation together with the rowdyism occurring during intermissions and closing times, any change which could possibly result in the increase in attendance at that establishment is opposed. It is recognized that the present Oifllership may ind icate an intention of only providing increased facilities for their day time operations, but there is no assurance that soroo future operator or owner would not use such facilities to increase the night tinE operations at that location. Accord ingly, 'it was concllXled by a unanimous vote that the owners represented at this meeting are opposed to any variance or any change in the zoning that would permit the construction of the changes requested. ': /, /=1'- F~ / .-I/i ;r~_ -i/,t,.{."-f,--l"-"" < - Will Ni6no1:sn-, FI "" !:dent, North of Nell Condominium Association. Post Office Box NN . Aspen, Colorado 81611 . Telephone 303-925-1510 ,,-.':",: c' NOTICE OF PUBLIC HEARING Case No. 75-3 E,EFOn TEI:: CITY OF ASFE:J BO,\PJJ OF ADJUSTHEKT TO P-U =",O?E'::;'-: G;,:::::C::j A:FFEC:'ED BY TEE REQUESTED ZONING OR USE W,RIJ,;,CE DESC1'LBt=:D i3SLC:J: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a pu':Jlic teacir:g ':-Jill ))e h~ld in the COt,-,cil I~oom, City Hall, Aspen, Colo- rado, (or at such otter ploc2 as the ~eetin; may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance fTom the provisions of the Zoning Ordir-ance, Chapter 24, Officiol Code of Aspen. All persons affected by the proposed variance are i:1Vited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state. yorrviews 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: Harch 20, 1975 4:00 P.H" City Council Chambers Nan.e o11d adorcss of l1pplicant for'Vnrinr:.ce: Name: Phil Henke & Hike Sutton for the Little Nell Restaurant Address: Box 800, Box 1144 Aspen Location or description of property: Location: 611 East Durant Description: Block 102, Aspen Variance Requcs ted' The Little Nell's Restaurant/Bar is located at the 2nd level in a bUl~(ll11g Just r"ce~tly rezoned to the new Commercial Lodge (C.L.) area by the City of Aspen. The Littl" Nell Restaurant/Bar as a direct result of this new zoning is now at variance with the specific requirements of the new zoning designation. There fore, the Owners request approval to construct the proposed addition as described by the following: 1. Remove the existing outdoor bar fron Duration of Variance: (Please cross out one) the sundeck ? Vn.....1 rHe tA.~ sfHi@a sib'>?"" 011 the ~~ Permanent at"t"~t"hprl grauiPlg .a~HidQ ..-a npti-.out- doQr. e~~ fd~:li~y 3. Provide for a new sllndeck above the new enclosed bar area THE CITY OF ASPEN BOARD OF ADJUSTHLNT BY (J.""i"!": v ..:Ii <,/-, / Chairman C~~', -- Our main concern is that there be no outside speakers or amplifiers... the noise from the bar is very disturbinf, to those of us in the North of Nell apartments. 3- John R. & Dorothy V;' Kissinger, mmers [,pt. 4J L<~/~--lt ~ \) , v -()~~ J ~. ~~~' PEN box v Bd of Adjustment aspen ,c PEN box v \'. ;W'1: ~ kh1.'i'f':f1.tlt\A r>',"~~,',--':';,~ .,..::_ ~_ -\I'}# .!-\ r~'~ e_~ ..~~-~ .t.=..~---.----~_u '., ,,,.----__: ....--..>.~.-~~~-:.-~~ :....-~ Yr-...:J .../: '.-1.. -...- ......:::_ It'- Y\~;;I') I MAR-7'75 \v."/~i" \ }:. j: ...~ : - \. /'~.1dJ -: "~(21~.9.-:/ 2 8, ,_ " Gertrude tretton 33 East 4_ i ~treet New York, . Y. ------..~-,_.-------- PEN box v Bd of Adjustment Fran Lee Crist, Jr. 53l Co r Street Palo Alto, California 94302 .--:'"-;'---;':] ..--' ,~ ,~ , \ \ \ Craig M. 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