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HomeMy WebLinkAboutlanduse case.boa.east1/2lotL,M-Q,blk106.008-74 - " . NOTICE OF PUBLIC HEARING Case No. 74-8 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPEKfY O~~RS 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 oth2r place as the meeting nay 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. YOlrviews by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious cOilsideration to the opinions of surrounding property O,~1ers 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: April 4, 1974 3:00 p.m. Name and address of Applicant for Variance: Name: Address: Copland Finholm Hagman Yaw Ltd. (Robert Stevens - Countryside Associates - owner) Location or P.O. Box 2736 ASRen. Colorado 81611 descn_pt~on or property: Location: Description: East ~ Lot L and Lots M through Q, Block 106, Aspen Variance Requested: (See Attached Page from the Building Inspector) Duration of Variance: (Please cross out one) ~~K~~~~~ Permanent THE CITY . , '" . Attached Page for ROBERT STEVENS COUNTRYSIDE ASSOC. 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 building permit to build a commercial and residential building complex. The proposed project does not meet the zoning re- gulations for the fOllowing reasons: (1) The project will have 3,105 square feet of open space. Twenty-five percent is required or 4,125 square feet. The open space must have one-half of the building site open to the street or 82.5 feet in this case. Thirty feet has been provided. Sec. 24-7 (a) Open Space Requirement. (2) The buildings will exceed the Maximum 25 foot height limit within 25 feet of the front and rear propent line. Sec. 24-7 (a) Max Height of Building. (3) The building that has residential uses has not front yard, no rear yard and no side yard. The required front and rear yard is 10 feet and the required side yard is 5 feet. Sec. 24-7(a) Min front yard, Min side yard and Min rear yard. (4) One of the buildings will have a dry-cleaning plant and dry-cleaning pick-up station. Dry-cleaning plants are not permitted in the C-l Commercial Zone. Sec. 24-7(a) Uses Permitted. ~ \P".y;{f",^ ~'IQ~\-y"y-l~' Clayton H. Meyring . \ Chief Building Inspecto~ , 20063;, H> "10.00 --'-~"~'-~...-- -.._'-~.,_~.",~~..".__.~ .'~.".~., ..,,_n "'~.__'"."". F,]?PF/,L TO D(~(.r~D UF Z()'::'~-l ~~;C /,~lJJU~)'J.-"rEI':T (" "", \.~ .L " ...c_' n;, i'e __~~~e~_____,_____ f'~_" 1,T" 7/1 - ~/ .....',..1..,;,<..,.. "V . __..._.z_.~__,_.~_...,_ Al'l",,:Lh'nL Copland Finholm Hagman Atlch:('~,s P. O. Box 2736 YawLtd Aspen, Colorado 81611 (l',)nc ~. Robert Stevens . Couhtryslde" Assoc. AddrE:SS P. O. Box 1147, Aspen, Colo. "P.O. Box 256;~ASperi;n cora. 81611 81611 -~~,~",_._"",,~,,->._,~,__,_,__c," Location of Property m~~lA&f}'J~g? bg~s M through Q "CSFiee 'f"-"&"I~flJn.\,bel:'-oI" -SCEafv:L's-roIl 't i"f':' 6: :Cot-l~<o-:-)- Building Permit Application and prints or any other pertinent data must accompany this application, and ",ill be made a part of CASE NO. 11-1' The Board ,'Iill return this application if it does not contain all the facts in question. Description of proposed exception showing justific2tions: See Attached Letter \ \ l Signed '., ,:f___ Provisions of the Zoning Ordinance requ1rLng t~e Building Inspector to forward this application to the Board of Adjustment and rcason for not eranting permit: See Attached page. Permi 1~ E.Qjcctcd, .~b~~ki-~~l_ ~~Sj gilCO ~ 1 _<;;.l;1t~i._~yi_i(Unq.I11.lll!e.p-1;Q;L,.. _.,__ Stcltus date . _._.~".,,-,~-,-~._. --~'''"--'-'--~- Dcci,{;iun. l),-./-,-. .....,.Il,,' Applicat{oil Filed ILite of H"n,ri~lg tfjc:i i 18d -. ~('.::_:'c', l.-~:J-=----:-'.r-~ ~';~---' 1) t, ,L C_,~. _) h_' ....,."~__...,,~__~_.._...___ """'''' . '~~~~::,~l~~~~:.~:,:; COMMERCIAL . INDUSTRIAL . LAND One of the Largest Lind Sales Forces on the East Coast April 3, 1974 City 01 Aspen Board 01 Adjustment City Hall Aspen, Colorado 81611 Deal" MI". Chairman: Thank you very much 101" your lelter concerning the request zoning 01 : E"ast t Lot L and Lots M through 0, Block 106, Aspen. (1m sorry that I can't make your public hearing April 4, 1974. But I do protest and object to the rezoning 01 said property. Thank you. r)O"7'i '""'y;). (', Ii . ~uc1!~1:/ /(cfku- Bichard K. Shea 984 Saigon Road McLean, Virginia 22101 RKS/sco Telex 89-9409 i MEMBER. National Association of Aeal Estafe Boards . Northem Virginia Board of Realtors . Virginia Association of Realtonl REAL ESTATE BROKERS IN VIRGINIA . WASHINGTON, D. C. . MARYLAND '. .-\~ 21 March 1974 Board of Zoning Adjustment City of Aspen City Hall Aspen, Colorado Re: Stevens/Countryside Commercial Buildings Gentlemen: We wish to apply for several zoning variances based on an overall planning concept evolved, with the recommendation of the Planning Office, to architecturally relate two neighboring buildings and ef- fect certain site planning relationships with the surrounding urban environs. Because the overall concept is the major basis for this request we will delineate first the important aspects of the concept before list- ing the specifics of the various variance requests. The overall land parcel consisting of 5~ city lots is jointly owned by two parties whose intentions are to erect two architecturally re- 1ated building projects of mixed commercial/residential use. En- couraged by the Planning Office to consider and plan the two separate projects as a single design enti ty it was envisioned that this approach would benefit the project and its urban surrounds in terms of coordi- nated site planning, parking and vehicular circulation, open space and pedestrian movement, building massing, architectural relation- ships and design response to the planning determinants of surround- ing city environs. The project site is located at the southeast periphery of the designated Aspen Central Area and is contiguous to both Mixed Residential and Recreational-Accomodations areas. The site is located such that it offers a unique locational opportunity to compliment City Market in serving the daily service needs of the adjacent residential population within walking distance. It is envisioned that the ground level com- mercial uses will be service oriented to augment and relate to food ARCHITECTS . PLANNERS. ASPEN, COLORADO . 81611 210 SOUTH GALENA STREET' POST OFFICE BOX 2736' TELEPHONE 303-925-2867 -, Letter to Board of Zoning Adjustment 21 March 1974 Page 2 service shopping provided by City Market. By thus providing complimentary shopping services, the care of a small and needed neighborhood service center will be formed. To achieve, physically, the objectives of a pedestrian oriented service center we seek to combine and integrate the open space requirements to the mutual benefit of the entire project. By using open space to create mid - block pedestrian circulation be- tween City Market and the nearby residential areas the following objectives can be effected: larger open space area than could be achieved by two separate open space areas; open space becomes active circulation area relating to pedestrian use and shopping ac- tivity rather than dead area simply complying with zoning require- ment; allows greater building frontage on common open space - thus more activity generation; the larger common open space al- lows more architectural flexibility to create and integrate covered arcade space with open space; allows more efficient urban circula- tion for project vicinity. 1. Open Space Variance The two buildings have been designed relative to each other to combine their open spaces into a cross block pedestrian mall connecting City Market through the project shopping plaza with the neighboring residential areas. In addition to providing an urban pedestrian link relating to service needs the combined open space implements the objectives of open space zoning - space used for the functional and perceptual needs of people in an urban environment. In order to configure the combined open space into a pedes - trian mall with open space on both the street front and the City Market front the required frontage of one -half the com- bined site dimension cannot be provided although the com- bined frontages (alley and street) exceed the requirement. We seek variance approval to configure the open space street frontage requirement as shown on the attached site plan. Letter to Board of Zoning Adjustment 21 March 1974 Page 3 2. The actual open space (by open to the sky definition) is 5% less than the 25% lot area requirement, however because of its combined nature and because of the contiguous rela- tionship with one and two story covered mall areas is greater in area and considerably more useable than norm- ally possible. By combining the open space, however the total outdoor pedestrian space (open and covered) exceeds the open space requirement by 11%. Because the mall will be an active pedestrian area subject to the elements of Aspen weather, the architecture has been provided with covered overhangs in combination with the open space for both protective and perceptual reasons, the latter attempt- ing to recall the variation and human scale of a European village street. Because the open space is configured in the interest of both the functional and perceptual interests of the pedestrian and comprises an urban design benefit to the city, we request variance approval. The following tabulation delineates the specifics involved in the variance: Total Combined Project Site Area (5~ city lots) 16,500 s. f. Total open space required by Zoning @ 25% 4,125 s. f. 3,535 s. f. (22% site area) Total Actual Open Space Total Additional Covered Mall Space 3,140 s. f. (19% site area) Total Combined Open Space and Covered Mall Space 6,675 s. f. (41% site area) Total open space accessible for use by each building: Percent for Countryside Building 3,535 s. f. = 10, 500 s. f. Percent for Stevens Building 3,535 s. f. = 6, 000 s. f. 33.6% 58 % ., Letter to Board of Zoning Adjustment 21 March 1974 Page 4 Total Open Space and Covered Mall Space accessible for use by each building: Percent for Countryside Building 6,675 s. f. = 10, 500 s. f. 63% Percent for Stevens Building 6,675 s. f. = 6, 000 s. f. lll% 3. Zoning regulation requires an open area on the rear lot line with a horizontal dimension of 10 feet and a minimum vertical clearance of 10 feet. We request variance to ex- tend a pedestrian mall access stair from a height of 3 ft. (mall level) to alley grade. The steps will extend approxi- mately 5' -6" horizontally into the 10 foot space and are approximately 40 feet in width. This rear lot line open space requirement was created to insure adequate refuse storage on the alley. Although refuse storage will be pro- vided in the sub-grade parking structure the inclusion of the, step will leave a total remaining area of 10 feet x 125 feet - certainly adequate for any contingency refuse storage. Additionally the step extension will provide a desirable archi- tectural extension of the pedestrian mall toward the City Market complex. 4. Zoning regulation requires that no building shall extend higher than twenty-five feet above existing grade less than ten feet from the front and rear property lines. We request variance on this portion of the Aspen Zoning Code to allow installation of sloping separations that will rise from a legal balcony height (less than twenty-five feet above grade) to join the exterior (alley and Durant Street) walls of the buildings at a point ten feet horizontally back from the balcony edge (property line) and approximately seven to nine feet above the third floor deck level. The installment of this building element would aford the nec- essary separation between both the private offices in the Stevens Building and two between the Employee Housing Apartment Units of the Countryside Building. ., Letter to Board of Zoning Adjustment 21 March 1974 Page 5 Because this project is providing needed on -site automobile parking, it must be noted that in order to gain legal access to the garage level this portion of the structure had to be elevated to the maximum allowable height while still re- taining its sub-grade structure status. This procedure has caused this height problem therefore requiring this variance. 5. Required Yard Variance Zoning regulation requires that in the C -1 Zone any per- mitted use of the AR -1 accomodation recreation district except patio houses subject to all use, lot area and yard requirements of that district regulation unless otherwise stated. The Countryside Building's third floor is a multiple family dwelling type use and zoning regulations require certain front, side, and rear yards. It is our observation, based on conversations with the City of Aspen Building Department, that the 5 foot minimum side yard provision is to insure that any portion of a dwelling unit facing this side yard would be able to get adequate and required light and venti- 1ation. In the Countryside Building the design of all the dwelling units is such that there is no need to take either light or ventilation from any required side yard. The AR -1 portion of the Code further requires that for multiple family dwellings both front and rear yards be a minimum of ten feet deep. Since the dwelling unit por- tion of this project is on the top floor and because other zoning regulations require that the front and rear walls of the living units be placed a minimum of 10 feet back from the street and alley property lines creating 10 foot wide deck areas for each dwelling unit, we feel that in essence the front and rear yard requirements of the AR-l portion of the code are satisfied. .' .', Letter to Board of Zoning Adjustment 21 March 1974 Page 6 We therefore request variance on this portion of the Aspen Zoning Code to allow the Multiple Family Dwelling portion of the project to be constructed as designed. 6. Use Variance We request variance to allow a combined commercial dry cleaning facility and dry cleaning pick up station located at the lower level of the Stevens portion of the project. Although only a portion of this use is defined as non- conforming we feel the combined facility is clearly a Service Commercial Use as defined in the C -1 Zoning Pro- vision. Additionally because the intent of the project in general is to form a neighborhood oriented service center in combination with the City Market food shopping, this use is both compatible with the intent and augmentive to the concept. The dry cleaning facility will use no toxic or flammable materials in the cleaning process and will emit no pro- ducts of combustion. Thank you for your consideration. Very truly yours Copland Finh 1m an Yaw Ltd JLY:ss Encl. STEVENS REALTORS POST OFFICE BOX 1147 / ASPEN, COLORADO 81611 / PHONE (303) 925-2155 MaJteh 5, 1974 VeaJL LaJrJr.y: The 60Uowing Me WU 06 namu and addILu/lu who Me owneJ[l> 06 .the /lUNtOunding plWpvr.ty and aCltO/l/l .the /ltlLeet and aUe.y 6IWm .the G.inn/Stevenll plWject -located on .the ea.6teJtty 1/2 06 Lot L and aU 06 Lou M,N,O,P and Q., aU.in Block 106. The owneJ[l> 06 Lou A .thIWugh J 06 Block 106 .t6 CUy MlVLket Inc., 105 Wut CotoJlado Ave., Gltand Junc.ti.on, CotoJUtdo 81501. You may addILu/l MIl. FJUtnk PlLinllteIL, JJr.., PJr.u.ident. Lot K and .the wuteJtty l/2 06 Lot L .t6 owned by MIl. PeJlJL!f PoUock and MIl. Raymond KMhinll/U, P. O. BOl( 789, All pen, Coto. 81611. Lou Rand S, Btock 106 .t6 awned by MIl. ChMtu H. BakeIL, P. O. BOl( 1147, Allpen, Co-lo. 81611. ACltO/l/l .the /ltlLeet .in .the nolttheJtty 1/ 2 06 Block 107 .the owneJ[l> Me The Cha.umont and Vumont Condomi.ni.um All/loc.ta.t.i.on, P.O. Bol( 4420, All pen, Coto. 81611. ,,) .# Robvr.t G. Stevenll RESIDENTIAL I COMMERCIAL I RANCHES I LAND PLANNERS AND DEVELOPERS C;.;:"j.~~~.~t~~ uu~ 1. Joseph C. Sanchez 6 H~=rison Circle ?~ttsford) New York 14534 (il) 716/381-3511 (0) 546-4500 Ext. 4110 2. Walter Kiefer, Jr. 11262 Rush Street El Monte, California 91733 (3) 213/355-8878 (0) 579-4500 or 686-0280 3. Pamela O. Wallen P.O. Box 267 Northfield, Illinois 60093 4. Dr. Robert E. Kivland 12032 West 27th Drive Lakewood, Colorado 80215 (0) 303/233-2906 (H) 237-7324 (- J", ., ~. 1 ),~j~a~~y Llng ey Box 4857 AU3tin, Texas 78767 " ._' '11 ~ ~ )_:~.r~ -o-.-r-..:LY- r.. a r:-..-~ ~ (> \I ~~ ~- (J ~6~~~'" ~r ; v_e ""-3 ~..:.-.-P-a -"---,--M-i-n-n-e~a 5 5118 7. Walter W. Bledsoe, Jr. 413 Merchandise National Bank Bldg. Terre Haute, Indiana 47807 (0) 812/232-1564 (H) 235-8797 @ Thomas Dalbey 36 Knollwood Drive Rochester, New York 14618 (H) 716/586-4444 9. Tilden Cummings, Jr. (Reservations) White Weld & Company 30 West Honroe Chicago, Illinois 60603 (0) 312/346-0022 Paul A. Brown, CPA (Mgt. Statement) 1718 Sherman Evanston, Illinois 60201 James C. Lytle (Legal Notices) State National Bank State National Bank Plaza Evanston, Illinois 60204 (0) 312/491-6000 (H) 869-4433 '"' '--' ~. ,- ~.., ........)... C~h::AJ C~;~J~:G~~ OWXZRS Jece~ber 14, 1973 Cordell Overgaard llopkins Suctcr Owen Mu:roy & Davis One First :Zational Plaza Chicago, Illinois 60670 Russell ?e?pett ?ea:~ M&rwick & Mitchell 1800 Midwest Plaza 301 Nicollet Mall Minneapolis, Minnesota 55402 10. Jonathan L. Stocker P.O. Box 4326 Aspen, Colorado 81611 11. Paul Scheele 900 North Lake Shore Drive) Apt. 1913 Chicago~ Illinois 60611 (0) 312/869-2580 (F.) 664-6062 12. Monte and Alfred Gold~an Goldman Enterprises P.O. Box 1748 Oklahoma City, Oklahoma 73101 13. Peter R. Holford 13902 Panay Way, }~arina:t Del Rey, (n) 213/823-4073 Number }f-319 California 90391 (0) 635-2800 14. Thomas Deacy Deacy & Deacy 2300 Bryant Building 1102 Grand Avenue Kansas City, Missouri 64106 (0) 816/421-2813 (H) 913/362-6258 /rs:J;~~~~~ ' ~~c{l<-e s ~ r y--New 1 /yH} 71frr)86'-/(444 'V; 16. Ms. Mary Ann Banach 1931 North Winchester Chicago, Illinois 60622 (0) 312/346-5500 (ll) 486-6063 17. Fred Pearson 223 West Jackson Blvd. #1201 Chicago, Illinois 60606 (0) 312/663-1500 (H) 943-1788 Philip Howard 111 West Washington Chicago) Illinois ~" '--' < ~o~~Ci~~UE;ci~ V.~'~'."M"".JC~~,~U"'''''' .', <- ---- '" "._ .......~W ..... _.) J_ \;",:. V...... >.......... ~.:...:..I ~~cafuO~~ l4) :973 13. Carson H. Bell 18 ~aylorwood Drive :slington, Ontario, Ca~ada. (0) 251-5221 or 254-5079 (~) 244-73:1 19. Claud ~1. Weil 5612 Soutll Blackstone Chicago, Illinois 60637 (0) 312/283-2500 (I{) 493-7465 John A. Heil 825 University Saskatoon, Saskatchewan, Canada 20. Donald Gerber 23 West Lock\vood Webster Grove, Missouri 63119 R. A. Ravcnsberg 1336 Hanley Industrial Court St. Louist Mo. 63144 21., Norman li. MacDonald 511 Tema2ami Cresce~t Port Credit, Ontario. Canada 1,16/278-5017 22. i~spel1 Chateaux Developrr.er.t Comp.:..ny ../" 105 West Adams Street, Suite 600 Chicago, Illinois 60603 23. Walhart Realty Company c/o George Hartnett 540 Frontage Road Northfield, Illinois 60093 24. l'et'a,r K. Si5<wert ::n'dex\Underfw'rite rs 550 Kearne~ S reet , \, San Fra,\ci~co, Cal (0) 415/3-g..,7-350 ~94108 H) 435-~40 Mr. and Mrs. E.C. Poth Paschen Contractors Inc. 2739 Elston Chicago, Illinois 60647 \'!-i-lliam L,\ Wallenl\ f\ /l05\Westi,A'dams Str<\et, Suilte 6~0 :Chicago,~Ii inois\60\j03 I 'S. \, \ . !Nick Coaies, Jr'J \1'.0. Bo\x \4949 Aspen, odlorado 1611 .' -" ,"-''"^ / Cl-lA'i:Z~'.. J 1. ~homas Dorsey 4524 South Alton St.eet Englewood, Colorado 80110 (0) 303/222-9373 (li) 771-6790 2. 1)r. F.W. Wa:i.lacc Jeffries~ III 500 Huntington Drive Ann Arbor, Michigan 48104 (0) 313/761-0010 (H) 761-7090 3. Reid 14 Timber Lane Nortbbrook, Illinois 60062 (0) 312/427-8090 (H) 272-3069 Buchanan I (~)V\\, 61 High Vi.ew j,no11 ::owa Ci;:y, Iowa 52240 4. Don jO/illiams j~oy Rohter Joseph V. Farago 2820 West Petersen Avenue Chicago, Illinois 60645 312/973-7000 5. 3ert Maxon 3527 Kar10v Skokic, Illinois (H)312/675-0344 60076 (0) 537-6900 6. Peter O. Fetzer Winston, Strawn, Smith & Patte~son One First National Plaza, Suite 5000 Chicago, Illinois 60670 (0) 312/786-5600 (H) 945-7646 7. Earl M. Latterman 1315 Murdoch Road Pittsburgh, Pennsylvania 15217 (0) 412/461-8100 (H) 682-1315 8. R.C. Schneider Hes-t-e-r~Il---Marchandise rs-,-.Inc. '291-6-White Oak Drive -Houston,-Texas 77007 (0) 713/688-7783 ibcf-- 23gy ~'t{,"-./ Ju. cvO I 9. James Cruttenden Cruttenden and Company, Inc. 120 South LaSalle St~eet Chicago, Illinois 60603 (0) 312/332-0500 (H) 945-2350 7700 ( ...." G~U~::Ei...0 D0:::0:\~ O\~i:~~RS December 14, 1973 10. Donald Kolmer 302 Farmers Bank Bldg. Jacksonville, Illinois 62650 (0) 217/245-4516 (H) 245-4506 11. Richard Lanman lI~mberJ }[unciie and McClary 2021 Marine Plaza Milwaukee) Wisconsin 53202 (v) 414/271-6220 12. John Stephenson 9800 West 100th Terrace Overland Park, Kansas 66212 (0) 913/362-2200 (ll) 888-7821 Richard Eerkshire 565 Juneberry Road Riverwood, Illinois 60015 (ll) 312/945-3723 13. ~illiam C. Grabb, M.D. :25 Barton Shore Drive Ann Arbor, Michigan 48105 (H) 313/665-5201 (0) 761-7920 or 14. I;ernard G. z~ Jr. ,/, 8 Co 'ntry La~~, ~ I~. North "eld, Il1ino~6~?93 (0) 312 7-7208 (HJ~46-0669 Ed Perlman 133 Timber Lane Glencoe, Illinois 60022 (H) 312/835-4767 15. 16. Jefferson Alison III 820 South Park Hinsdale, Illinois 60521 (0) 312/427-3526 (H) 654-1386 17. E.H. deConingh, Jr. Mueller Electric Company 1583 East 31st Street Cleveland, Ohio 44114 (H) 216/321-5138 18. Robert Schmidt Dean i-awrence Robert Kisch XinneAspen Associates Box 3686, Loring Station Minneapolis, Minnesota 55402 (H) 612/537-2655 (0) 941 yJaO /p/)./ t1/ -/6~7 "'t --,~ .-, i."....u... (cori t. i;.:~u.c;c.) 764-3290 H!'.~~~ '7fJ3-o ~~ ~ ~/~' ?S1/P 6P &'o-;;./.;;J1'7- 0&"5d-. {iJ bO 'Jj:l 10" -1 /p 'f D _.~_.--,I,.- t"'" ,...., V C:~A'':::;l..U DU~'iON: O",)~-;~:-<.S L:S':;:' (Cv:;:i.~i.l.~C.i I)c:cer.lber 14, 1973 19. .Jack Kee 1 Blue C~anG Lane ~~orth Oa:<.s St. Paul~ Ifinnesota 55110 (ll) 612/484-7534 (0) 853-4203 21. Rich;:;rd E. Spicer 0 . /) fill) p.., 5\?-7 G ~rcet S thwest, \pt. ;"'\' V(]J~.. V~~ w \I~shi}l'gtqn, D C. 20024 --Pyu'f- 9'13&' (0)-202/2\ 3- 400 (ll 554~4 , C. r/6// \ {lq,ZUL; 0 - cJ \'I.C. Avery, Jr. (o-c,-",,--,-, ~"" -r , 545 Ridge Road ~ D, LL- ~ "'--- Kenihlorth, Illinois 60043 93,ej S .' !?,~' (0) 312/664-6700 (ll) 256-163 7 "l~ ~ ,tM y:",-- ,-" "-<>-- I '--c.. c..t.:. L'J ,I '. "'J u",' ~~, VJ.-A6~'~ ~~ Thomas Terrill 244 Cumor Road Kenilworth~ Illinois 60043 (0) 312/346-4646 (ll) 256-1679 20. 22. Aspen Cllateaux Xanagement~ Co. llox 3279 Aspen, Colorado 81611 925-1400 23. ;Uck Coates" t30xvQlQj !)SpcN 24. ?au1 Van Antwerpen 22 West Madison Street Room 935 Chicago, Illinois 60602 (0) 312/346-6386 (ll) 642-9131 , ",-, -', " \ <' l \. ,,/,1 ,""'---.......-, {...--- l POST OFFICE BOX 1147 / ASPEN, COLORADO 81611 / PHONE (303) 925-2155 ,..,">" .",." ....,.......... srrEVENS REALTORS MaJtc.h 5, 1974 VeaJt LaNty: The 60Uowing aJte -u&u 06 name6 and addJte6l.>e6 who aJte owneJL6 06 the I.>I.WwuncUllg pltOpeM:fj and aCJtOM the l.>:tAee:t and aUey 6itOm the G-<-ltn/Stevenl.> pltojea located 011 the ecuteJr11j 1/2 06 Lot L and aU 06 Lou M,N,O,r and Q, aU -<-Il BloCR 106. The OWMM 06 Lou A .thltough J 0 & Blod, 106 .u, Cau I.!nJrbor Inc., 105 We6t Cololtado AlIl?., Gltand Junction, Cololtado 81501. You may addJte61.> MIt. fltO.nk PJUl1I.>teJt, JIt., PIte6ident. Lot K and .the We6teJr1y :t./2 06 Lot L .u, owned by ~lit. Petrlty PoUocR and /.lit. Raymond KculUl1I.>/U, P.O. Box 789, AI.lpen, Colo. 81611. .. -, Lou Rand S, BloCR 106 .u, {Jt<Jned by 1.!It. ChMR.e6 f{. BaReJt, P. O. Box 1147, AI.lpell, Colo. 81611. ACJtOM the l.>:tAee:t in .the nolVtheJr11j 1./2 06 B.tock 107 the owneJL6 aJte The ChawlJont and Vumont COl1donU.n.<.1.lm Al.>l.>Ouation, P. O. Box 4420, A1.>pen, Colo. 81611. ;;!J/ .~.. -.;e- RobeM: G. Steveno RESIDENTIAL I COMMERCIA!. I RANCHES I LAND PJ.Al\lXERS ANn DEVE/.OPERS . 1"""--. DilRilRdil8 DEVELOPMENT CORPORATION Office of the President April 8, 1974 Mr. John Dukes, Chairman City of Aspen Board of Adjustments Aspen, Colorado 81611 RE: Case No. 74-8 Dear Mr. Dukes: I am writing in reference to the application for variance from Copland Finholm Hagman Yaw Ltd. (Robert Stevens -- Countryside Associates -- owner). My reasons for writing to you in opposing this project are that I am an absentee owner of two condominiums located at Chateaux Chaumont. Our condos do not face this project, and therefore I am not writing in reference-to any selfish motives concerning our view. Rather, my reasons for writing center around the exact items in the zoning regulations for which a variance is requested. The very reason for zoning regulations is of course a protection feature; protection to the residents of Aspen to make certain that our building projects are in the best interest of the people of Aspen. These regulations also protect the non-resident owners by assuring in their absence that variances will not easily be granted which would hinder property values and generally make Aspen less attractive for absentee ownership. The variance requested deals with the open space requirement, maximum height of building, minimum front yard, side yard and rear yard space and the uses permitted (dry cleaning plant in this case). I can't imagine four provisions in the zoning regulations that are more important than the items just mentioned. Their request for a variance in these areas should be refused simply because they do not even come close to meeting the existing regulations. In addition, their variance should be refused because there is no way to enforce them to lease their units on a long-term basis. Further- more, the traffic build-up will be a very serious problem as well as the noise factor from the laundry, the additional people and the traffic. 109 SOUTH UNION STREET I ROCHESTER, NEW YORK 14607/TELEPHONE (716) 232-4854 John Dukes April 8, 1974 Page two In conclusion, I can not imagine any legitimate reason why their application for these variances would be approved. I am certain there may be some private interests that would benefit from such a project, but certainly the people of Aspen would not. I respectfully request that this letter be made a part of the record in regard to Case No. 74-8. Thank you for your consideration. Peace, RTD: rr ~~~~~ R. Thomas D~~y President ,11""'"" ApJ!il 1, 1974 Fllom: MIl. ChMle1J H. BakeJt M pen, ColoJta.do To: MIl. John Vuke1J, CfuUJunan Cay On Mpen BOMd 06 AdjUll.tmen.t Mpen, CoiaJta.do VeM MIL. Vuke1J: I have Ilev-i.wed Ca.6e NumbeJt 74-8 be601le the Wy 06 Mpen BOMd 06 AdjUll;()nen.t and nee! :that aU. 60Wl. vevUanCe1J bUF!9 a.6ked 601l meet wUh my complete appMval. Should you need any 6WLtheJt a.6-6.utitnce OIl c.ommen.t plea.6 e con.ta.c,t me at yOWl. eaJLUe1Jt conven.i.ence. VeJty -6,[nceJte!y YOWL6, ~~ ad j o-i.n.i.ng pM peJvty owneJt April 4, 1974 Ch~teaux Chaumont Management Co. Aspen, Colorado 81611 Gentlemen: As a resident and owner of Chateaux Chauillcmt Number 10, I am definitely opposed and against the proposed building. The proposed building will destroy the view of Red Mountain and increase the density of the area above a tolerable level. Increased density in the area will create traffic congestion, strain waste disposal facilities, increase pollution, and lower the value of adjoining properties. The proposed new building will create the type of construction that the Planning and Zoning Commission ~d the Historical Pre(Jervation Society has been o"posing. It :Ls apparant that the developers have not considered the above facts. I request that this letter be read at the meeting. Regretfully, I h,we to be out of 'town on business at this time. :!J~ru)S~)L Jon L. Stocker BCJX 4326 Aspen, Colorado 81611 ~ ~ , April 4, 1974 Mr. John Dukes, Chairman City of Aspen Board of Adjustments Aspen, Colorado 81611 Dear Mr. Duke: Owners of Chateau Chaumont and Chateau DuMont apartments have telephoned me directly in response to your official notice on the Stevens-Ginn pro- ject. I am here on behalf of these owners. They have expressed great concern over this project and without exception they request denial of the variances proposed. This request for denial is based upon the requirement on behalf of the p.omoters to show a "hardship" (for example, building on steep terrain) which would then warrant a variance. There appears to be no hardship shown on behalf of the Stevens-Ginn project and it is requested the in- tent and letter of the law should stand. The P&Z and Board of Adjust- ments well know the reasons for the institution of the zoning require- ments and therefore, not having ascertained any hardship, we see no reason other than economical benefit to the developers for said requested variances. As absentee owners, they feel it is the cities' duty to protect the rights of these property owners by established zoning requirements. Their property interest would gravely be effected by the passing of each one of these variances. (1) Open Space Requirement: a. Visual easthetics. b. Free space regarding resident owners, long term tenants, short term tenants and their respective on-the-grounds entertainment and play ground facilities (children). c. Pedestrian traffic. (2) Maximum Height of Building: a. View plane of condominium owners facing Durant Street and the proposed three-story project. b. View plane of high traffic areas for pedestrians now presently circulating in this area. c. Proper venting through three-stories for exhaust of retail outlets; there should be no venting on the ground, first or second floor levels due to the obvious nuisance of passerbys and residents (example, The Shaft and Kentacky Fried Chicken related to Aspen Square). (3) Front,Side and Rear Yard Minimums: a. Specific variance of Paragraph HI and Paragraph 03 appear to provide little or no open space for - , Mr. John Dukes April 4, 1974 Page 2 easthetics and, on the contrary, implies a blocked visual air space from border-to-border} from ground to well in excess of 25 feet. (4) Uses Permitted (dry cleaning and other objectionable retail outlets): a. Regarding dry cleaning: Pedestrian traffic conflicting with pick-up station traffic. (auto). Venting of obnoxious materials. Other Retail Outlets Requiring Venting: a. Above mentioned situation regarding The Shaft, Kentucky Fried Chicken related to Aspen Square. b. Retail outlets conflicting with (a) existing adequate services within one to two blocks, and (b) with es- tablished mall outlets. Other Arguments: (1) Tourist Economy: Long term tenant/resident owners vs. tourist oriented industry in prime location. (2) Absentee landlords:dollars out of city and state. (3) Questionable funds in area: Durant and Spring Streets inter- section collapses due to mine shafts existing. What study has been done to ascertain hydrostatic pressure and solid foot ing? (4) Building moritorium - Ordinance #19. (5) Aspen Historical Preservation Committee evaluation. (6) Sewer and water and cable and other utilities overload. (7) Proposed parking: Adequate regarding ski season parking for Little Nell existing retail proposed outlets, existing residential units and proposed residential units. (8) Duplicating services: Specific existing and/or proposed leases or purchases of space in Stevens-Ginn for retail stores. Again, on behalf of these owners, the Chairman and the other members of the Board of Adjustments are asked to closely scrutinize this project at these beginning stages and take a hard line on each specific city and county code and ordinance. The chairman and Board members are thanked sincerely for their very serious consideration on behalf of these ab- sentee owners and hope for the city to exercise their jurisdiction and '" -" Mr. John Dukes April 4, 1974 Page 3 and authority properly and prudently. We are thankful for the required public notice which was given by the Board in this case. It is felt, however, that the five-day notice mailing requirement for the Board of Adjustments meeting is less than reasonable given many out-of-state property owners in Aspen. In addi- tion, we wish that we had had a voice present at the P&Z meeting that gave "conceptual approval". The owners understand the nature of the P&Z meeting and realize that their property interest has been properly maintained as the cities' code was originally designed. These owners. do, however, intend to have vigorous dissent to this project expressed at subsequent P&Z meetings and any other similar public hearings. Thank you for your fair consideration. S~~r ROBERT P. WHITE / lja '"' - , LIST OF OWNERS: Bert Maxon, President, Chateau DuMont Condominium Association Owner of Record of Chateau DuMont #5 William C. Avery, Board of Directors, Chateau DuMont Condominium Assoc. Owner of Record of Chateau DuMont #21 Fred Pearson, President/Board of Directors, Chateau Chaumont Condo. Assoc. Owner of Record of Chateau Chaumont #17 Messrs. R. A. Ravensberg and Donald Gerber, Ownemof Record of Chateau Chaumont #20 Jonathan L. Stocker, Owner of Record of Chateau Chaumont #10 ,...... r, .. c0~ S+~~vJ / -4 I I~~ 8) 1'" ~ April 11, 1974 Mr. John Dukes, Chairman City of Aspen Board of Adjustments Aspen, Colorado 81611 Dear Mr. Chairman & Board Members: On behalf of the following named parties, this protest to the requested variances to City Ordinance 24-7 is registered: ~Bert Maxon, Chateau DuMont Condominium Association; Owner of record of Chateau DuMont #5 William C. Avery, Board of Directors/Chateau DuMont Condominium Association; Owner of Record of Chateau DuMont #21 Fred Pearson, Board of Directors/Chateau Chaumont Condominium Association; Owner of Record of Chateau Chaumont #17 R. A. Ravensberg and Donald Gerber, Owners of Record of Chateau Chaumont #20 Peter O. Fetzer, President/Chateau DuMont Condominium Association; Owner of Record of Chateau DuMont #6 ,- (l~~ -/ Chateau Chaumont Condominium Association, Inc. I\~ ~ Chateau DuMont Condominium Association, Inc. The Variances are as follows: Variance (1) - (Section 24-7{a) Open Space Requirement) - The project will have less than the required open space and less than one half of the building site will be open to the street. Variance (2) - (Section 24-7{a) Maximum Height of Building) - The buildings will exceed the maximum height limit. Variance (3) - (Section 24-7(a) Minimum front yard, minimum side yard and minimum rear yard) - The building will not have a front yard, rear yard or side yard. '- """ .. ~r. John Dukes, Chairman April 11, 1974 Page 2 Variance (4) - (Section 24-7(a) Uses Permitted) - The building will have a dry cleaning plant and dry cleaning pickup station. Under this official statement of protest, the granting of anyone of the said requested variances to City Ordinance 24-7 contemplated is arbitrary and capricious and in no way will promote the welfare of or benefit to the neighboring property owners or the residents and guests of Aspen. Very truly yours, e~~ ~~. Robert P. White /lj a ~~ April 4, 1974 City of Aspen Board of Adjustments Aspen, Colorado 81611 Re: Case Number 74-8 Dear Sirs: I respectfully request that the variance sought by Copland Finholm Yaw Ltd. for the building project of Robert Stevens Countryside Association be denied for the following reasons: (1) As a resident in the area, I am especially aware of the traffic conditions in and around City Market and at the intersections of Original and Durant and Durant and Spring streets. These areas and intersections are extremely overcrowded, dangerous and noisy now and the huge project as planned will greatly add to traffic congestion and noise in this area. Smaller buildings which would conform to the zoning regulations would not attract as much auto- mobile traffic to this already overcrowded area. (2) A drycleaning plant is not needed in this area since such services are already provided in the basement of City Market. The additional noise and fumes would not be appre- ciated in this area which is mainly residential. (3) Because of the high density of people and buildings in this area, every bit of open space possible is needed. This project should not be allowed to provide any less open space than required by the zoning regulations. (4) In keeping with the prevalent attitude in Aspen today, every builder should be required to comply completely and exactly with the zoning regulations. No exception or variances should be granted simply to make it easier or more economically desireable for developers. The easthe- tics of the City of Aspen must be protected. To allow this developer these variances would infringe on the rights of all the previous builders and developers who did comply with the zoning regulations. (5) The project as planned by exceeding the maximum height limit and by not providing the open space and front, side and rear - City of Aspen April 4, 1974 Page 2 yards as required is simply too huge to be in keeping with the character of Aspen. For the above reasons, I respectfully request said variances be denied. Sincerely, ~~~<&k>--~ Judy Skouset\. 734 E. Durant Street Aspen, Colo. 81611 ----