HomeMy WebLinkAboutlanduse case.boa.Bleeker St.Blk 86-Lots A-E.015-75
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CITY OF lISPE:l
DATE July 3, 1975
CASE NO. 75-/5
APPELLAN~ Stephen J. Marcus
ADDRESS
PO 1709
') -"1,-7~,
22324# ****10.00
'OWNER
Robert Odf'n
ADDRESS A~p~n Mpni~~l r'~~ig
Box 660
LOCATION OF PROPERTY Blk. 86. Lots A.B.r..n.&F. p111" rtr'ljrtroont- 11.000 f-t-
"n, "<:,ro'1t<WN B'i'tft.igFlf ~f Bl~e;kcr
(Street & Number of Subd.l.v.l.s.l.on -" & 0 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 sho\~ing justifications:
A variance from'parking regulations based on requirements of parking
spaces at the rate of 3 per 1000 sq. ft. of building.
Will,be ~ pedistria~ oriented ~acility, and facility would be impossible
to bUlld lf the parklng had to be sup~lied.
Will you be represented ,by counsel?B' No
SIGNED ",&.~ ~~
Appellant
Provisions of the Zoning Ordinance requiring the Building Inspector
to forward this applica~ion to the Board of Adjustment and reason
for not granting permit:
Application is made for a building permit to build an athletic club,
The proposed athletic club will provide ~o off-street parking. Approximately
~9 spaces are required. ~ec. 24.4.5
PERl-lIT REJECTED, DATE
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DECISION~;ij..J/1AJ'M) DATE ~ 7;/~Y,/7.s-
DATE OF HEARING ? 'f/J5'
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HAILED
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APPLICATIO:l FILED
ASPEN/PITKIN PLANNING DEPARTMENT
MEMORANDUM
TO: Building Inspector, City of Aspen
FROM: Planning Staff
SUBJECT: Aspen Health Club, Conditional Use
DATE: July 1, 1975
On 1 July 1975, the Planning and Zoning Commission granted a con-
ditional use permit under Section 24-3.2 of the Zoning Code to the
Aspen Health Club proposal. Although not empowered to waive the
parking required for the project, the Planning and Zoning Commiss-
ion recommended that this requirement be waived due to the prox-
imity of the project to the city owned Rio Grande property. The
Pl anni ng Offi ce will support a request for a vari ance before the
Board of Adjustment.
F.'io,
NOTICE OF PUBLIC HEARING
Case No, 75-15
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED 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 at such other place as the meeting may be then adjourned) to
consider an application filed with the said Board of Adjustment requesting
authority for variance f\r.om 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.
yo\r 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:
July 24, 1975
4:00 P.M., City Council Chambers
Nam~'!lnd addres_~_ of Applicant for Variance:
Name: Stephen J. Marcus for Robert Oden, owner
Address:Box 1709
1oc;.<l!::.~~ClE_9_e..~~E ir.!= i~2-2f ~per ~l:
Location: in back of 1st National Bank
Description: Block 86, Lots A,B,C,D, & E
portions of Bleeker
VarJ_E.~l':.?:_~"..9.\\e~d: Applicant I s Statement:
based on requirements of parking spaces at
building.
plus adjacent 11,000 ft on vacated
A variance from parking regulations
the rate of 3 per 1,000 sq ft. of
will be a pedestrian oriented facility, and facility would be impossible to
Dm"8tion of Variance: (Please cross out one) build if the parking had to be
supplied.
lI}i~MX~X?7
Permanent
OVER----------
THE CITY OF ASPEN BOARD OF AIlJUSTHENT
BY ~c~._,_.,-~-_.,-_.
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BUILDING INSPECTOR'S STATEMENT:
Application is made for
proposeed athletic club
79 spaces are required.
a building permit to build
will provide no off-street
Sec. 24-4.5.
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an athletic club. The
parking. Approximately
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BOX 3707
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LAW OFFICES
OATES, AUSTIN a MCGRATH
600 EAST HOPKINS STREET
LEONARD M. OATES
ASPEN, COLORADO 81611
RONALD D. AUSTIN
J. NICHOLAS MCGRATH,,,)R.
WILLIAM R. JORDAN m
ANDREW v. HECHT
AREA CODE 303
July 23, 1975
TELE;PHONE 925-2600
Mr. Charles Paterson
Chairman
Members of the Board
Board of Adjustment
Post Office Box V
Aspen, Colorado 81611
Re: A variance from parking requirements for
property described in Appendix A attached
hereto
Dear Mr. Paterson and Members of the Board:
Stephen Marcus has filed an application with this
Board asking it to grant relief from the parking require-
ments of the municipal code of the City of Aspen. The
applicant submits the following pragmatic and compelling
reasons for granting the variance herein requested:
(1) The subject property is immediately adjacent
to the Rio Grande site which is a public parking facility
and therefore any additional parking spaces required under
the code are unnecessary. In recent months, there has
been wide-spread concern about the Rio Grande property and
how the parking facility can be more effectively used. The
applicant plans to build an athletic facility on the above-
referenced property that will generate use of that parking
facility.
(2)
use the Rio
interest in
property.
Such a variance would create an incentive to
Grande parking lot and would be in the public
that it will generate activity on the Rio Grande
The applicant further states that the parking require-
ment is an unnecessary burden on the subject property and a
complete exemption from that requirement is the minimum
..r
OATES, AUSTIN & MCGRATH
Mr. Charles Paterson
Members of the Board
Page Two
July 23, 1975
variance that would make possible the reasonable use of the
subject land for the building contemplated.
The applicant further urges this Board to make the
following specific findings with respect to this application:
(1) That the special conditions and circumstances,
particularly the location of this property and the necessity
for a variance from the parking requirements do not result
from the actions of the applicant.
(2) That special circumstances apply to this property,
particularly the juxtaposition of this property to the Rio
Grande parking facility, and do not apply to similar properties
in the same vicinity and zone.
(3) That the granting of a variance is essential to
the enjoyment of the substantial property right enjoyed by
other properties in the same vicinity and zone.
(4)
affect the
Indeed, it
The granting of the variance will not adversely
general purpose of the comprehensive general plan.
can only enhance that plan.
For the foregoing reasons the applicant respectfully
submits that it is appropriate for this Board to grant the
variance requested.
Sincerely,
OATES, AUSTIN & McGRATH
By ~ ...c:::: / ~
Andrew V. Hecht
AVH:lh
APPENDIX A
Lots A, B, C D, and E, Block 86, City and Townsite
of Aspen:
That part of the Southwest 1/4 of the Southwest 1/4
of Section 7, Township 10 South, Range 84 West of the 6th
P.M. described as follows:
Commencing at the Northwest corner of Lot A, Block
86, City and Townsite of Aspen; thence North 140 15' 49"
East along the extended Easterly line of Main Street, 65.68
feet; thence South 750 09' 11" East 135.6 feet more or less
to a point on the line between corners four and five of the
Aspen Townsite, thence South 430 13' 20" East along said
Townsite line 46.53 feet, thence South 140 50' 49" West
41.18 feet more or less to the Northerly line of Lot F
of said Block 86, thence Norther 750 09' 11" West along
the Northerly line of Lots F to A of said Block 86, a
distance of 175 feet more or less to the point of beginning,
all in the County of Pitkin, State of Colorado.