Loading...
HomeMy WebLinkAboutlanduse case.boa.611E-Durant.012-75 .. T""l......... T ro.. r.t. .' r ",' ...-... ,,, ... ~ .. -.., .. ,.,~. ~'~:' . :i' . . . CITY OF ASl'E:l 'OWNER P 11- .rll\\('~ <StA\lO~) DATE (rJ/& Ii? . I 'AU--r: ~ AeL'H\~-T APPELLANT t7AV LD l-l ,1;:::1 \. I ADDRESS. ; Cif(J!;l7 J ~~***1O.00 t3tA' 4-'102; , )6~~\) I w~A'DO ADDRESS f,C. WX 9ft; ~N.' ~o . 130)( lJ.44 ~N (v\ \ {::;N!T DUt-\AW- ~W~k" IC2- CASE NO. - 75-/2- LOCATION OF PROPERTY (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. 'is - J ~ ". The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justifications: / *-~ f'RO~D Af::v\ilOI\) -1'C') L.lTru:;:, \~~?'. =~ \~<7--rAU'?:-A""\ / BAt\., \;\CO '0'.=P, ~Xf'A\V7\OI\- II\) Cl.-LJO\I~ L-k p. NE-'",J OU\~ BAR ~VI~ ~ \N/ CANOVY AND ~W vFf'~'r\ /IJ ~ . k./.;.-o:" /" ,~ "":7 I'Jj.~_.~\'-,t'. .~~ V.fS-~ . --to Ae c!. ~ \-r~:L-r/-: .t7'F2AW \ v\j W/ ~0w:n"~ ""fa ~N. ~\GD\l'\l.&r ~rt (L~ R~~~ ~W. ') I., (,; ---j~-- Will yciu be represented .by counsel? Yes' lio) SIGNED r0~ Y !--tc{~ . _ Appellant provisions of the Zoning Ordinance requiring the Building Inspector to forward this applica~ion to the Board of AdjusL~ent and reason for not granting permit: APPLICATION IS MADE FOR A BUILDING PERMIT TO BUILD AN ADDITION TO AN EXISTING BUSINESS BUILDING. The existing Building is in an area that has beeh designated as a specially planned area on.t~e Zoning District Map. All develGpment in. such areas shall be pursuant to a fully approved site plan. No approved site plan has been submitted. Sec. 24-7.1 Specially Planned Area PERl-lIT REJECTED, DATE 1\PPLICATlml rILED IC/J{,/'15. MAILED G:/~:2; J ?-:--~.' , I I ~ .~ Cl~ Me.rA(.H~cd . DECISION7~Jlld D1\TE. ~._ DATE or !lEARING ~/:;;&: /-: ....; , , Chief Building Inspector Status ~ccrctl.lry . I'" ""'" , . VAR\A~~ ~~~ ~~--Vv1fT\tO~\) ~VV\ \J<ROC:GDU~h W;7 ~"'?(A2 l6~ \ V\~) A1C11 C~____ VTT W w~\J zo~ \ 10 ~~ Cor~ o !jJfIg:::--1 ct_A 1-[ [l\~-: ': "'TK:b o'NX~~ c:y: --r~ Y~O~Gl )0' NoT l~ ~f\jDO\}JI~.- ~n-*-'h~fO~ J \"T \~ \ v 'vl fO:;;;3S,\ ~ it:}t\- l~ OJJ~'f\ \0 <S\~Bvvlr\ A 'F1~~\/'~ fl-AN or- I~ ~A )N 6~;7-nO\'J.- -\~Vl ~A'RD<SM\V At f1'~~~!\Jl ~\J::t;:.-~..I:7 -rWf;. 1ij;U At\)~ ~ A 13lJ\~D\ (\j k Y~'Rn\\--r ~r~ (}JJ'~~ f(~~W:?f& -n~ WA~C'D C''F' AD ~\f:7fVV~1\;T -rOr'\ 1\~G~ ~wVV'\ l~ f'f\O~Dj~/.7 ~ j0rRT \ C w:r;. - V l[~ -f:O~ l ~ f~OfO-'~P ftz:) ~ Pf':? ,~~'jC: \~ ~- peAW \1\~ (1['</ ~0'13 VV\ \11~ 'TO -r~~ €\)\GD\fJ W- [~f't- -_....-...-- o Traffjc Ticket o liquor & Beer lic, o Bicycle license o Contrador license o Court Fines o Dog license D Dog Impound Fee D Other CITY ('~ 6.SPEN .... FINANCE DEPARTMENT CASHIER'S RECEIPT t j ~ / ~j! ( OF, ~ ,( #',.1t1. l/ b99J7 No. D Tow Tkket o liquor Occupation Tax o Sales Tax license o Business license D Spec. St. Assess. D Mops, Codes & Zoning o Zerox Copies RECEIVED ---:I ... -.iN -f. 7') 29740# *** *1 0.0{ ,~ '- ~ "'* ~~ rl ~~ \)~ ~ 1lf ~ 7U r ~~ r -~ .~ ~ ~Z ~~ ~~ ~~ ~ Ii L ! ! r. - -....--.-.- * , i c ~ ~ i~ ;1 I f _;J . ~19r _ F"~ I i Little e l's Ad~Jtion Appeal 0 Board ~ Adjustment ! 1-1 ~~i~ 1~~ ~i . - (. \, ~, ~~ , i ~~m ~ ... ~~~ L~ \ - 1 . . \~ ~~ 'j. PAGE 3 ( \ J:~ }- r r~ ~- ,:J NOTICE OF PUBLIC HEARING Case No. 75-12 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTHE1'T TO ALL PROPERTY O.~~RS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRI3ED 2ELO,';: 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 t~e 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: Thursday, June 26, 1975 4:00 p.m. Date: Time: Thursday, June 26, 1975 4:00 p.m. Name and address of Applicant for Variance: Name: Address: Phil Henke Box 800 Mike Sutton Box 1144 Location or description' of property: Location: Description: 611 East Durant, Block 102, Little Nell's restaurant , Variance Requested: Proposed addition to Little Nell's restaurant/bar. 1,100 square foot expansion including new outdoor bar service area with canopy and new upper sundeck. The existing building is in an area that has been designated as a specially planned area. All development in such area shall be pursuant to a fully Duration of Variance: (Please cross out one) ~pproved site plan. N~ approved s~te plan has been subm~tted. . . Permanent THE C) OF ASPEN BOARD OF ADJUSTMENT BY . ...L-J~ 4h~:}~~~ . March 22',1975 1:\.. ~ ,5~ ,~ \iV~ cw Aspen, Colo. ReI Case No. 75-3 Before the City of ASPl3n Board of Adjustment ASpen City Council A meeting of the owners of .the North of Nell Building 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 611 East Durant Street was discussed. Because of the severe night time 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 ownership may indioate an intention -~--=.......~ of only providing increased facilities for their day time operations, but there is no assurance that some future operator or owner would not use such facilities to inorease the night time operations at that location. Accord ingly, 'it 'lfllS conclu:led by a unanimous vote that the owners represented at this meeting are opposed to any variance or any change in the zoning that wou1cl permit the construction of the jfftt:LfL Will Nicno1:s-bn, fi"..ident, North of Nell CondOlllinlum Association. changes requested. / Post Ofllce Box NN . Aspen, Colorado 81611 . Telephone 303-925-1510 .' , \. ,~< "'tv . )J Jivt, ',4h J ([PPi ~ 2000 West Loop South, Houston, T ex~s 77027 (713) 622-830 I ~d~ j Flug Rowley Associates, Inc. Jnne 20, 1975 City of Aspen Board of Adjustment Box V Aspen, Colorado 81611 Re: Case No. 75-12 Gentlemen: I would like to take this opportnni ty to state my views regarding the Application for Variance of Phil Henki and Mike Sutton wi th regard to Little Nell Restaurant. I have two points I want to make. 1. I do think it is appropriate and fitting that they should expand and improve their restaurant. I think it is a worth while addition to the Aspen area, skiing in general, and to the specific area. 2. Little Nell restaurant creates two problems, and I think these should be addressed directly at the time of granting their application for variance. One is their outdoor speakers for music which is nothing IlKlre than noise pollution and is objectionable to all the neighbors. Two is their parking situation. I wish to air a very direct criticism about their clients who park illegally at the Alps and other places in the innnediate area. I have been an owner of property in this innnediate area for over 12 years and currently am at the Aspen Alps Apartment #804. V''Y truly y~. /J ,,-.IL .. ,/~/ J;J, /~#-7-~ Craig M;' Rowley New York Office: bO Eost 42nd Street, New York (212) 986-7290 LAW OFFICES ,y ii/J ~.".~,l"0V .r; I~' ,Ai) ~ .A"/'/' L~IIY , 411 BROOKS10E AVENUE DILL AND SHOWLER FRED H. DILL SCOTT SHOWLER REDLANDS, CAUFORNIA 92373 (714) 793-2377 June 19, 1975 Aspen Board of Adjustment Ci ty Hall Aspen, Colorado 80611 Attention: John Dukes, Chairman Re: 75-12 (Little Nell's Restaurant) Hearing Date June 26, 1975 Dear Mr. Dukes: The undersigned is owner of Apartments 129 and 218 at Aspen Square. By this letter I wish to advise you that I am opposed to the requested variance to build an upper sundeck and request that the Board of Adjustment deny the application. Among the reasons for denial I believe are the following: 1. 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 materi- ally increased. 2. All of the residential owners in the im- mediate area including but not limited to the Alps, North of Nell and Aspen Square, purchased their respective properties in the belief that the existing structures at the foot of Little Nell could not be materially increased in size. Any change in the applicant's building which detracts aesthetically from the view enjoyed by the residential properties results in a material diminution in value in the properties; in the instant situation I personally believe that the diminution in all of the Aspen Board of Adjustment Attention: John Dukes June 19, 1975 Page 2 various residential properties could total hundreds of thousands of dollars. 3. There is a substantial parking-traffic flow problem already. Presumably the increased area for patrons is based upon the wish of the owners to attract more patrons to the area, a result which can only increase the parking-traffic fbw problem. Thank you for considering my position. Yours truly, JffiJ( 11 i!kfd FRED H. DILL FHD:vrn cc: Aspen Square Attn: Maynard Torchiana Charles G. Dibrell, Jr. ......, .;;--- FLUG ~ eo EAST 42ND STREET L~(\\ ~) NEW YORK, N. Y. 10017 June 17,1975 Mr. Gerald Hewey Aspen Alps Condominium Assoc. Box 1228 Asgen, Colorado 81611 Dear Mr. Hewey: Enclosed herewith is a NOTICE OF PUBLIC HEARING before the City of Aspen Board of Adjustment. Mr. Flug has asked me to convey to you that they would prefer no further development of Little Nell. Thank you very much. Sincerely yours, [ ~) /..-, diuy%!/(flh ~ - Dorothy ~j Anderson Assistant to Martin Flug DBA/jm Enc 1. 1Y8rtJI of ~11 July 9, 1975 :> Aspen Beard of Adjustment, Aspen, Colo. Gentlemen: We haw been advised that the matter of the '\1!lrianoe for the proposed additiQ'ls at 611 East nrrant has been deferred to yQ1r next regular meeting. Please be advised that we are oppOSed to the glllnting of this '\1!lrianoe. Apparently there has been no shQl'ing of any hardship other than an ecQ'lQnic hardship. If the '\1!lrianoe is allQied at this time, the applicant my well cane back at any future time and request a further '\1!lrian 08. We are advised that the other optiQ'l a'\1!lilBble fOr yQ1r cQlsidertltiQ'l is that the applicant submit a master plBn for the area. We respectfully request that a mster plBn for the area be submitted to you SO tha t we a nd the othe r property QI'lle rs Iilay be infoJlTled as to the future de'1lelopment in the a rea. .~~ff / will Ni d1olsQ'l, President, North of Nell CQ'ldQninium As s 0(:18 ti Q'l. Box NN . Aspen, Colorado 81611 . 303/925-1510 .. '.~ 'I~ 1I1' .~ . . c c ;J,,", - /olGMf)\lRl' HSB " ;", ",:,' ',,~'.,.. 2-048230E175 Ob/24/75 ICS IPMRNCZ CSP 2134495595 MGM TORN P4S40EN4 ZIP , , , '. '..,' .."TESPOS'1,@' iLiiiLI' '.j' " ',."1'" ,. ':', ',,", '. , 0 "," i~'f ;,.," ~e~t~no~~~J1 ou~,CA~ gram ~ = ; )a~' '*****. t/ \ M4YN4RD TORCHI4N4 BOX XX ASPEN CO 8lbll AND DON HELMICH I O~N UNIT 34 4T 4SPEN SQU4RE, IT IS ON THE THIRD F~OOR DIRECT~Y 4CRDSS FROM ~ITT~E NE~~IS REST4URANT B4R, I OBJECT TO THE GR4NTING OF 4 IIARI4NCE ON THE FO~~OWING GROUNDS' I PURCH4SED THE PROPERTY WITH THE ASSUR4NCE TH4T THERE WOU~D BE NO MORE CONSTRUCTION PERMITTED AT LITT~E NELL'S REST4UR4NT BAR, THE 114RI4NCE WOU~D SUBSTANTI4L~Y DETERIOR4TE IIIEW FROM OUR UNIT, IT WOULD 4LSO R4ISE THE ALREADY HIGH NOISE ~EIIEL EM4N4TING FROM THE BAR RESTAUR4NT, THIRDLY THE P4RKING IS A~READY OIFFICU~T IF NOT IMPOSSIB~E, THE EXPANSION WOULD MAKE IT EllEN MORE CONGESTED ROBERT J WELSH UNIT 34 4SPEN SQUARE 20149 EST MGMDIIRT HSB '" C~,. Cl ~ .., "",,'it, wi ~ .., ... ... 6 '\ .-......../ PETER G, M~ GUIRE 1281() HILLCREST ROAD, SUITE 22L DALLAS, TEXAS 75230 June 20, 1975 Ci ty of As pen Board of Adjustment As pen, Colorado Attention: John Dukes Dear Mr. Dukes: I am in receipt of your Public Notice, Case No. 75-12. As an owner of an Aspen Alps Condominium No. 807, I would yield to the Board of Adjustment's decision in this case. You as Chairman of the Board and the other board members will fully study and recommend a decision on this case. I salute your committment in serving. Sincerely, PGM/mj .~~ .- '. SCOTT, GILBERT, THOMPSON & EASTER MEDICAL CORP RONALD R. SCOTT, M,D. . WAtl.ACE G. GILBERT, M.D. LEROY K, THOMPSON, M,D. STRATTON R. EASTER, M.D. NEIL C. JOUVENAT, M.D. Obstetrics and Gynecology 37centurywood Medical Center, Suite 501 37 Century Blvd., lynwood, Calif. 90262 537.2860 &/ ). 7/ 7 ')- T {,-< r.L Jl dAh. n~ u. .I ,\ . p ..1--- , ~ (J iVr" \..r~ ~ "'f~ Ct.? fl,tA/\ C~/~~-b i / ))-<-~ A~ I ' . ~r~ ~.#-, 7'-'1). L'~ (Lff1'-~ f::. Li ~~ ~'t. '" --I pt~ ()Mf&1- ()-e,;L~; I , .<v f'C#--JL ,tl-ddfJ .4P',;1- "~ ~-vf ~~~ l,L<Y--'~'G= 0-' ~l "- t~. ;zt::;J V^~~ ~~,:;;( H L~..- ~1--e \)d.e..w '6 t1-?-fLN1 /'A--~" ~.., tvvfu-v, /~~ c-.j-rc~~~ , ~ /VVC:: ~J(. /~lj~IJ,~lk~ L tJ Post Office Box XX . Aspen, Colorado 81611 . Phone (303) 925-1000 July 10, 1975 Aspen Board of Adjustment City of Aspen P.O. Box V Aspen, Colorado 81611 Attention: Mr. John Dukes, Chairman Dear Mr. Dukes: My understanding of the request before you by the Little Nell's Restaurant is that the recently enacted zoning requires that this property be mastered planned prior to any construction and that the applicant therefore desires to be excused from the requirement to master plan the property. While I have not had an opportunity to poll all of the Aspen Square Condominium owners, I have been in touch with a sufficient number to justify expressing the opinion that this request should be denied upon the following grounds: 1. Th i s a rea has been des i gnated as a "Speci a 11 y planned area" and as such impl ies that the surrounding pro- perty owners and the City Government should have something to say concerh i ng the use of the property. I fee 1 that the Aspen Square Condominium owners, at a minimum, are entitled to know what the future usage of this property will be through the usage of a master plan. 2. It is my understanding that the appl icant is not the landowner but rather a tenant who has over an extended period been consistently unsympathetic in dealing with the noise pollution created by a portion of his business venture. I see no reason to be supportive of any proposed change by this applicant when his past performance has been to ignore any problems created by a portion of his operation for us as a ne i ghbor. , ReSPilU 11 :su~t)~) / ~,/~L- , P . i thb 1 um Pres tlent of the Board of Directors ASPEN SQUARE CONDOMINIUM ASSOCIATION, INC. _.".-'-.w_."-"''''''-'l'''< -==-- ARTHUR ROCK & Co 1635 Russ BUILDING SAN FRANCISCO 94104 415-981-3921 June 16, 1975 The City of Aspen Board of Adjustments City Hall Aspen, Colorado 81611 Re: Case No. 75-12, Public Hearinq Gentlemen: You were kind enough to send me the Notice of Public Hearing con- cerning the Little Nell Restaurant, Case No. 75-12. I am the owner of Aspen Alps apartment #809. I will be unable to appearat 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 wonder whether it is possible to have the Restaurant agree to shut off their loud- speaker as part of the consideration for the variance. At least they should agree to stop broadcasting at night and turn down the loudspeaker during the day. Thank you very much for considering this matter. Sincerely yours, ,rC tli{V'~1,L Arthur Rock AR:mg enclosure xc: Mr. Gerald Hewey \if NanCE If f~1f jr,jrj ~~ /;;3/7) OF PUBLIC HEARING &1 Case No. 75-12 B:::FO:::.2 THE CI?l OF ASPE?;, BCA?.D OF ADJUSTI:E1J: I TO ALL FROP:::;:;TY O\-;NERS AFFECTED BY THE REQUESTED ZONING OR USE VAI:.IANCE DESCRI3ED :::ELG:~: 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 authoricy for variance from t~e 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. yoU" views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Thursday, June 26, 1975 4:00 p.m. Date: Time: Thursday, June 26, 1975 4:00 p.m. Name and address of Applicant for Variance: Name: Address: Phil Henke Box 800 Mike Sutton Box 1144 Location or description'of property: Location: Description: 611 East Durant, Block 102, Little Nell's restaurant - Variance Requested: Proposed addition to Little Nell's restaurant/bar. 1,100 square foot expansion inCluding new outdoor bar service area with canopy and new upper sundeck. The existing building is in an area that has been designated as a specially planned area. All development in such area shall be pursuant to a fully Duration of Variance: (Please cross out one) ~pproved site plan. N? approved s1te plan has been subm1tted. -.'!!-".!'--=i~\olc:~ Penn anent 17 cTune 75 Sir, I already stated in a previous Letter that I was very much BY opposed to any additional building on Little Nell. T~ere is enou~h trBffic noise and congestion as is. 4h~ ~~\L . '- ( (>2..{..(., / U6k~ VSOk ! 03(,2/ (~edu-/ q /, c2. I ,/ ~)., aspen ,c .~ ~:., ~.:.- " , 1("1 ,,-., :", ,:'.' 'l:p; . ~ _.~ ,~' aspen ,c RETURN ~ ' TO V,riITER !L... _,_ PEN? bOx v ~ --, / PEN box v '\ '\... ~ '? . ~ ~ '1t> "'.. ~ <:), V> - I] ~' I if / ; ;t'd Associates ~c,'\0' J B Sowe , Jr. 31st F or Firs National Dal as, Texas 7 02 ----.I -"", ot-:..,.",... ____,_.~__ I':' .~ ' :lI" j.:i" L ~ ( Juil i j'7S \~':~;.~-~I'-'~"~ t 11 \ !/C{.(,,~~"{,::",: '- . U \.-....!.-<,\ ()/"0;~;,_A'___- . . .. " ;' ,>. -,,' :~/~:~,\'~.--, -;:' ~ I ~I~!~~ 3'75 \~-: .::-~~_ii \ ".'~'(' Bank Bldg.