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Home My WebLink Aboutlanduse case.boa.Galena St.030-74 /...... 1"'" '-' P,PPEAL TO BOI\RD OF ZONING ADJUSTt,1ENT CITY OF ASPEN Case No '~-.3-c - Ii:; ~,:.},!; :: j O. DD 1:0 8114/74 Appellant ~~l<1 J.. Fleisher Address Box 15000 Aspen, Colorado 81611 Owner -----Aspen Arcades Company Address Box 15000, Aspen, Colorado 81611 Location of Galena Street, Property Lots A, B C and D, (Street & Number .- Block 95, City and Townshite of Aspen 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 fDcts in question. Description of proposed exception showing justifications: Application for a variance to construct an extension on the Aspen Arcade Building. . " Signed ~;J./ ,k. ~ :ppellan~'~ Provisions of the Zoning Ordinance requiring the Building Inspector to fc,rlvard this application to the Board of Adjustment and reason for not grant~ng permit: APPLICATION IS MADE FOR A BUILDING PERMIT TO BUILD A SECOND STORY AND BOILER ROOM ADDITION TO THE ASPEN ARCADES BUILDING. The Aspen Arcades building does not have open space and therefore is Non_Conforming. A Non_Conforming ~e of land or of a building or any portion thereof shall not be ex~ended. Sec. 24_l0(e). CHIEF BUILDING INSPECTOR '--""--'---S-ta tU5 Penoit Rejected, date . ---~_.__.~.._--,.._--~-_.- Decision D.::;tc _____.h~____.._ Application Filed ~_,_.i_._,_,_~~_~_,_y_..___,___.__>^ ,_, Date of lIeilring --~'---~,>_._-,.._-"..~- ;\j,'1 iJ ccJ -~'----~"~''''''-----'~'-'' -"'--'"--~(:c-i(:'-Cij';:y''''-'--- ----.---- NOTICE OF PUBLIC HEARING Case No. 74-30 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. 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: Date: Time: August 29, 1974 3:00 p.m., City Council Chambers Name and address of Applicant for Variance: Name: Donald J. Fleisher Address: P. O. Box 15000, Aspen, Colorado 81611 Location or description of property: Location: Galena Street Description: Lots A, B, C & D, Blk 95, City and Townsite of Aspen Variance Requested: Application is made to build a second story and boiler room addition to the Aspen Arcades Bldg. This building does not have open space and therefore is non-conforming. Sec.24-10(e)--A non-conforming use of land or ~f a build~ng or any' portion thereof shall not be extended. Durat~on of Var~ance: ~Please cross out one) ~t1"i.~ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY )j"Iw,/ . ~~ G' Cha~rman By AP August 14, 1974 Mr. Clayton C. Meyring Building Inspector Ci ty of Aspen P. O. Box V Aspen, Colorado 81611 Dear Mr. Meyring: Enclosed is our application for a variance to construct an extension on the Aspen Arcade Building. The legal description of the property is Lots A, B, C and D, Block 95, City and Townsite of Aspen. The following is a list of the adjacent property owners: Building Owner Location Address Eagles Lodge Board of Trustees Parts of Lots Don Newbury J,K,L&M, Secretary Block 95 P. O. Box 196 Aspen, Colorado Aspen Block Fleisher/Cox Lots H & I, P. O. Box 2630 Building Properties Block 89 Aspen, Colorado Elk's Building Trustees Lots J, K & L P. O. Box 327 Lodge #224 Block 88 Aspen, Colorado Gargoyle Randolph H. Tully Lots M & N, P. O. Box 1903 R. Thomas Ward Block 88 Aspen, Colorado Little Annie's Dave Topol Lot E, P. O. Box 4069 Block 95 Aspen, Colorado The following is a summary of our request for a variance: the doremus/fleisher/mason company post office box 15000/aspen, colorado 81611/Phone: 303 925-2122 r "- Mr. Clayton C. Meyring August 14, 1974 Page Two 1. The reasons and purposes for requesting this variance are not the result of the actions of the Appellant. The Aspen Arcade Building was initially constructed during the early years of Aspen's history and later remodeled and restored. At the time of both the initial construction and the later remodeling the present zoning ordinance was not yet in effect. 2. Special circumstances apply to the Aspen Arcade Building that do not apply to similar buildings in the same vicinity and zone. Many Victorians, i.e., The Roaring Fork Building, The Elk's Building, The Opera House and The Independence Building, were constructed with full basements and as many as three additional stories. The building to land ratio in each of these instances is substantially four to one (4-1). It just happened that the Aspen Arcade Building was constructed on primarily one level. The first desire of the owners is to preserve the historical nature of the building rather than replace the building with a new, modern structure that would qualify for the maximum allowable floor space per land ratio. The plans for the extension will enhance, not interfere with, the character and design of this historical structure. 3. The granting of the variance is essential if the owners are to enjoy a substantial property right enjoyed by other property owners in the same vicinity and zone, but presently denied the Aspen Arcade Building. Of the 12,000 square feet of land there are only 500 square feet of usable basement and a second floor that includes an additional 1,900 square feet. The total existing square feet of building including the 11,280 square feet of ground floor space is only 13,780 square feet. Therefore, the total space when completed will be 17,180 square feet which is both 28% and 6,820 square feet less than what is allowed in its zoned a rea. 4. The owners of the Aspen Arcade Building are not aware of any way this variance will adversely affect the general purposes of the comprehensive general plan. Sincerely, ASPEN ARCADE BUILDING Doremus/Fleisher/Mason Company, Manager By ~~~ . Dona . F el s er