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Home My WebLink Aboutlanduse case.boa.400E-Main.023-74 APPE!\.L 'I'O B()J\TF~; lJr:' :: -:,>~I!':\.~ t.[',-r'J~:T;::::'/I' -- CITY OF ASPEN DATE 6-6-74 CASE NO. 7</~.) S APPELLANT ROY VROOM ADDRESS 1355 MOUNTAIN VIEW DRIif I;r.fbH ~-( J' . OWNER ROY VROOM ADDRESS :1:355 MOUNTAIN VIEW DRIVE A~ff If , LOCATION OF PROPERTY 400 E. MAIN STREET LOT K + W ~ of L. BLOCK 86 (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. The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justifications: The project has received conceptual and preliminary approval from the planning and zoning commission and must now go into working drawings for final approval. The undersigned requests deletion of the off-street parking requirement as provided by the current code, in view of the small size of the property which makes it prohibitive as to design to accomodate the building and off-street parking as well. Furthermore, it has been recommended by the planning department and the planning and zoning commission at their June 4th meeting to waive the parking requirements in view of the planning and zoning commission's consideration to remove off-street parking requirements from the code in the central business area. The subject property is approximately one and one-half blocks from the City parking lot ~ parkyj,ing space will be p~rc?ased fr:>m th~ city in li~u of off-street parking. if:- The s~te ~s ~n the H~stor~c Preservat~on Area, and in SIGNED!~ ~ view of the design of the building, it is considered in ~pp ant keeping .with the historical land marks of Aspen. The off-street See Att h d k. . 11 d .. ac e par ~ng w~ etract from ~ts des~gn and functional aspects. ------- Exhibit "B" Provisions of the Zoning Ordinance requiring the Building Inspec~or to forward this application to the Board of Adjustment and reason for not granting permit: 1. Application~is made for a building permit to build a commercial building. The proposed building will not provide off-street parking but will purchase off-street parking from the City. The property is in the C-I Commercial Core which does not provide for off-street parking purchase. Off-street parking may be leased or acquired from the City in C-C district only. Sec. 24-9-(f) Location of required off-street parking. 2, The proposed building will be 32' in height within 10' of the rear lot line '~o building or structure shall be constructed higher than 25' within 10' of the rear lot line. Sec. 24-7(a) "Max. height of Building." Status ~~ DECISION DATE PERMIT REJECTED, DATE APPLICATION FILED DATE OF HEARING MAILED Secretary I""'- - /"''''', '-..# NOTICE OF PUBLIC HEARING Case No.74-23 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: 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 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. 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: July 11, 1974 3:00 p.m., City Council Chambers Name and address of Applicant for Variance: Name: Roy Vroom Address: l355 Mountain View Drive, Box TT, Aspen, Colorado 8l61l Location or description of property: Location: 400 E. Main Street Description: Lot K + W ~ of L, Block 86 Variance Requested: SEE ATTACHED Duration of Variance: (Please cross out one) ~ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY C1',. ;' IJ~ ~/ Chairman By AP "..... '-' CITY OF ASPEN aspen ,colorado, 816ft box v July 9, 1974 TO: Members of the Board of Adjustment FROM: City Clerk's Office SUBJECT: Case No. 74-23 Roy Vroom Due to an error on our part in the mail-out, we neglected to include the attached justification sheet. This amendment should be noted at the hearing. The attached ~ddendum is proposed exception 1 and the previously submitted Exhibit B is proposed exception 2. - - ADDENDUM ~ The project has received conceptual and preliminary approval from the Planning and Zoning Commission and must now go into working drawings for final approval. The undersigned requests deletion of the off-street parking requirement as provided by the current code due to a hardship existing in that a building permit application was first made five months ago in mid-February 1974, and the project was placed on the ,'agenda scheduled for conceptual approval in early March. The Planning and Zoning commission then stated that no further permits would be reviewed due to indecision on off-street parking requirements in the business district. The conceptual hearing was re-scheduled for early May and then, subsequently, early June for a preliminary approval hearing. As of the date of this application for appeal, still no decision on off-street parking. Because of this, the Appellant cannot proceed with final working drawings, plan checks, financing arrangements or bid letting without a final determination on the parking requirements. These things will require addi- tional time of approximately 60 days after determination of the parking situ- ation. Furthermore, it has been recommended by the Planning Department and the Planning and Zoning Commission, at their June 4, 1974 meeting, to waive the parking requirements in view of the Planning and Zoning Commission's consideration to remove off-street parking requirements from the code pre- sently in the central business area. The subject property is approximately one and one-half blocks from the city parking lot and parking space will be purchased from the city in lieu of off-street parking. This site is in the historic preservation area and in view of the design of the building, it is considered in keeping with the historical land marks of Aspen. The off-street parking will only detract from its design and its functional aspects, as well. The small size of the building also makes parking prohibitive as to design to accommodate the building and off-street parking. The building was designed at 6,000 square feet above grade, which is below the 3,000 square foot max. allowable for area , and it is also below the max. allowable height of 37~ feet by one full story. This was done for two reasons: a more desirable appearance and to minimize or eliminate the need for parking. ~I/ " Vi V EXHIBIT B The appellant further requests a varience of the 25 foot height limitation as stated in Section 24-7, page l494,. of the Aspen Code, on the grounds that a hardship exists and is created by the fact that the subject building site slopes from front to back, causing a drop of approximately 5 feet at the Northwast corner and approximately 2.4 feet at the Northeast corner. The building height of 27 feet plus the 5 feet drop in the lot creates a total building elevation of 32 feet, or an excess of 7 feet at the Northwest corner and a total building elevation of 29.4 feet, or an excess of 4.4 feet at the Northeast corner. Compliance with said requirement further causes additional hardship in the structural design requirement of the building when setting the second floor back 10 feet at the rear lot lot line, in that an additional bearing wall or bearing member shall be necessary to hold the second st~ry at that setback point. Furthermore, the functional aspects of the building would be seriously affected by the 25 foot height limitation. It also should be noted that only the rear of the building exceeds the height limitation, and not the front. It is also felt that some consideration should be given to the fact that the building is already one full story, or 3000 square feet, below the maximum allowable floor area, not to mention what the second story setback does to the design and appearance of the building's architecture. CITY OF/C;PEN FINANCE DE,....RTMENT CASHIER'S RECEIPT No. o Bldg. & Wiring o Mise. & Short Checks o Cigarette Tax o Sales Tax license o JUL -? 74 281L\7# ****10.00 Business License o Bicycle License o Contractor license o Spec. St. Assess. o Court Fines o Tow Ticket o Dog License o Dog I mpound Fee o Traffic Ticket o Employee Registration o Mops. Codes & Zoning o Zerox Copies o Other /. l' /,.: .f /' /- RECEIVED OF: \'P/f~/!'-7. [ , ' , =..".-~~~~' --P . ~OL.h.-,iC~ ~ /Np- ~r/J ~~. /fcud ~ d .t~tW ~ 1 r ~ /f/cct TrJ;rz~1 /a/YVdAuo ffuJ r ,{ tcl ~~ '~ r ~ ~" LIST OF OWNERS ADJACENT TO SUBJECT PROPERTY 1. FIRST ASPEN CORP., P.O. Box 3318, Aspen E~ of Lot L, all of Lots M through S, Block 86, Aspen 2. EPICURE, Wilma & Ernst R. Martens, P.O. Box 612, Aspen Lets A, B & C, Block 87, Aspen 3. Dorothy K. Shaw, P.O. Box 510, Aspen Lot D, Block 87, Aspen 4. Svea E. Elisha, P.O. Box 259, Aspen Lots G, H & I, Block 80, Aspen 5. HOTEL JEROME, John F. Gilmore, P.O. Box J, Aspen E. 20 ft. of Lot N, & Lots 0, P, Q, R & S, Block 79, Lets A through I, Block 79, Aspen 6. Nancy & Robert R. Oden, P.O. Box 660, Aspen Lots A, B, C, D & F, Block 86, and also an adjacent parcel in the SW~ of the SW~ of Sec. 7, Township 10-S, R-84-W. I /~ L~_,..l ,,_;/ f ,-f;r/ )~ .;~,., /1 ,~ .')1' ("" ('/ I ,r "/", ",.,. "" ,"~' ':.<' (--_.~"~ ,/' \ LIST OF O\~NERS ADJACENT TO SUBJECT PROPERTY 1. FIRST ASPEN CORP., P.O. Box 3318, Aspen B'> of Lot L, all of Lots M through S, Block 86, Aspen 2. EPICURE, Wilma & Ernst R. Martens, P.O. Box 612, Aspen Lots A, B & C, Block 87, Aspen 3. Dorothy K. Shaw, P.O. Box 510, Aspen Lot D, Block 37, Aspen 4. Sved E. Elisna, P.O. Box 259, Aspen Lots G, H & I, Block 80, Aspen 5. HOrrEL JEROM.E;, John F. Gilmore, P.O. Box J, Aspen 1::. .20 ft. of Lot N, .. Lots 0, P, Q, R & S, Block 79, Lots A througll I, Block 79, Aspen 6. liancy & Robert R. Od.en, P.O. Box 660, Aspen Lots A, B, C, D & F, Block BG, and also an adjacent parcel in the SW~ or tae SW~ of Sec. 7, Township lO-S, R-84-W. \ (i r \ " \.j '..\; , "...." ... APPEX\.I.. TO lSO!lP-D OF ;:,')~: Il.;C 1.L\J~}~T~~f:!\T . "\",...., CITY OF ASPEN DATE 6/6/74 CASE NO. APPELLANT ROY VROOM ADDRESS 1355 MOUNTAIN VIEW DRIVE ASPEN . OWNER ROY VROOM ADDRESS 1355 MOUNTAIN VIEW DRIVE ASPEN LOCATION OF PROPERTY 400 E. MAIN STREET Lot K + W~ of L, Block 86 (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. The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justifications: (SEE ADDENDUM ATTACHED HERETO) SIGNED ~e Provisions of the Zoning Ordinance requ~r~ng the Building Inspector to forward this application to the Board of Adjustment and reason for not granting permit: Signed Status PERMIT REJECTED, DATE DECISION DATE APPLICATION FILED DATE OF HEARING MAILED Secretary