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HomeMy WebLinkAboutlanduse case.boa.LotsR&S2-1/2'-LotQ-Blk95.036-74 Arr'I:t\L ~ ,[,e].\ ~~~ (~F :: tl ~ ~ I :.:-:: t.[ ':!.JtJ S 'r:~ r.~c! CITY OF ASl'El~ DATE August 15, 1~74 CASE t~O. 2'/ ~~? 7 h~ )~. -;~ "it. ...~ 1 n. 0 0 1J.1{, APPELLANT Oates, Austin and McGrath ADDRESS P.O. Box 3707 Aspen, Colorado 81611 .OWNER C. A. Muer Corporation ADDRESS P.' O. Box 3557 c/o Jim Van Brewer Aspen, Colorado 81611 LOCATION OF PROPERTY All of Lo.ts Rand S in the 'East 2~ feet of Lot Q in Block 95 City and Townsite of Aspen (Street & Number of Subdivision Blk.. & I.Jot 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: Applicant seeks relief-from open space requirement of the Municipal Code of the City of Aspen and states in support thereof the following: (1) The lot on which the proposed building will be erected is an undersized lot and, therefore, full compliance with the open space requirement will dispro- portion the scale and bulk of the building; (2) The design philosophy to which .the building will adh,ere, and with \vhich the Historic Preservatio~ Committee is concerned, is to maintain the aesthetic . neutral~ty of the building juxtaposed to the surrounding buildings. Full compliance with the open space requirement will certainly jeopardize this effort. SIGNE~r7~~ Appellant provisions of the Zoning Ordinance requiring the Building Inspec~or to forward this a'pplication to the Board of Adjustment and reason for not granting permit: Application is made for a building permit to remodel and build an addition to an existing business building. The existing building does not have.any open space provided and is therefore non-conforming. Approximately four per cent openaspace will be provided in the proposed remodeling. Twenty-fiv~ per cent open space is required. A non-conforming use of land or of a building or of any portion thereof shall not be extended. \ S~c. 24-l0(e) Extensions-and Sec. 24-7(b) Open Space Requirement. ,PEro~IT REJECTED, DATE ~~Q~~~ I_~. ~ · . SiTned I - - - ~ - - T DECISION DATE DATE OF HEARING 1" J , 1/14 {{-&~ Secretary ~ Status APPLICATION FILED ql{/1~ I 1/J Ml\II,ED f/" NarrCE OF PUBLIC HEARING Case No. 74-36 . BEFORE THE CITY OF ASFEN BOA.PJ) OF ADJUSTr1E~IT TO ALL PI(OPEl{TY Owl'iERS l~FFECTED BT{ THE P\.EQUESTED ZONIi'lG OR USEVARIA~TCE DESCRIBED BELO~J: Pursuant to the Official Code of Aspen of June 25,1962, as amended, a public hearing will be held in tIle Council Room, City Hall, Aspen,Colo- rado, (or at such ot11er place as' t11emeeting I~a'~! be then adjourned) to consider an application filed with the said Board of Adjustment requesting aut110rity 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\rviews by letter, particularly if you,haveobjectionto.such variance, as the, Board 'of Adjustment will give serious consideration to the opinions of surrounding property owners an'd others affected in deciding whether to grant or deny the re'quest for variance. The particul.ars of the hearing and of the requested variance are as follows : Date and Time of Meeting: Date: Time: September 19, 1974 3:00 p.m., City Council Chambers Name and address of Applicant for Variance: Name: Oa.tes, Austin & McGrath Address: P. o. Box 3707, Aspen, Colorado 81611 Location or description of property: Location: - Description: All of Lots R &S & theE. 2~feet of LotQ, Blk 95, City and Townsite of Aspen Variance Requested: Application is made for an open space requirement variance. They propo'se to .remodelandbuild an addition to an ,existing business building. The existing building does not have any open space provided and is therefore non- conforming. A non-conforming use of land or of a building or of any portionth Duration of Variance: (Please cross out one) thereof shall not be extended. , Sec. 24-10(e) Exts & Sec.24-7(b) .T~~~~y Permanent Open Space Requirements THE CITY OF ASPEN BOARD OF ADJUST~IENT BY ~ha~;~)BY AP . LAW OF FleES CLARK, OATES, AUSTIN Be. MCGRATH 600 EAST HOPKINS STREET BOX 3707 WILLIAM E. CLARK LEONARD M. OATES RONALD D. AUSTIN ..J. NICHOLAS McGRATH,..JR. WILLIAM R...JO RDAN m ASPEN, COLORADO 81611 AREA CODE 303 TELEPHONE 925-2600 September 19, 1974 Mr. John Dukes, Chairman Members of the Board Board of Adjustment P. O. Box V Aspen, CO 81611 Re: Open Space Variance for all of Lots R & S and the East 2~ feet of Lot Q, Block 95, City and Townsite of Aspen Dear Mr. Duke and Members of the Board: The C. A. Muer Corporation and its architect, Jim Von Breuer, have filed an application with the Board of Adjustment asking the Board to grant relief from the open-space requirement of the Municipal Code of the City of Aspen. The applicant, C. A. Muer Corporation, submits the following pragmatic and compelling reasons for granting the variance herein requested: 1. The proposed building is no more than a remodel- ing and expansion of the existing structure. Indeed the contemplated use for the building is identical to that now made. The current archi- tectural design (approved by the Historic Preser- vation Committee on August 26, 1974) will incorporate many of the existing structural com- ponents of the building. A requirement that not less than twenty-five percent (25%) of the build- ing space be committed to open space would neces- sitate the demolition of the existing structure which would cause an undue financial hardship on the applicant not resulting from its own actions. CLARK, OATES, AUSTIN Be. MCGRATH Mr. John Duke Members of the Board September 19, 1974 Page two 2. The current plans for the remodeling and expansion of the existing structure on the subject property are not anticipated to interfere with the business of Fothergill's Outdoor Sportsman shop; however, if compliance with the open-space requirement is necessitated, it would render impossible the con- tinuation of that business, substantially impair- ing the enjoyment of a property right enjoyed by other properties in the same vicinity and zone. Indeed, it would create a substantial impediment to the continuation of the applicant's entire business. 3. Compliance with the open-space provision of the Code would cause a great hardship in the efficien- cy of the future functioning of the restaurant operation on the subject property. Again, this would substantially impair the enjoyment of a property right enjoyed by properties in the same vicinity and zone. In recent years, criticism of the existing structure on the subject property has increased both in frequency and intensity. The applicant has now designed a structure which has met with the resounding approval of the Historic Preservation Committee as an excellent treatment for a very difficult project. The appli- cant would point out that it feels the open-space requirement, as contained in the Municipal Code of the City of Aspen, is certainly valid and worthwhile, and although it would not try to circumvent that requirement for any frivolous reasons, strict application thereof to the existing structure is an imposition of a grave hardship. The concern of the applicant is only to upgrade the aesthetic character of the existing structure. CLARK, OATES, AUSTIN 8c. MCGRATH Mr. John Duke Members of the Board Further, applicant would reiterate that no expansion in the use of the existing facility is contemplated. Finally, the applicant has designed the proposed impro'~ent with twelve and one-half percent (l2~%) open space, whereas currently there is no open space on the site, because the appli- cant agrees with the philosophy behind the open-space requirement and is willing to do everything possible to comply therewith short of destroying the economic feasibility of the business. Sincerely, OATES, AUSTIN & McGRATH By C;;Y;CP Attorney for C. A. Muer Corporation AVH/lp 'AD'JACE'NTPROP'ERTYOWNERS Aspenhof Condominiums: John H. Cheek, Jr. and Aspen Construction P. O. Box ZZ Aspen, Colorado Units RB-l; C-l through C-9 John Villari 820 W. Randolph Chicago, Illinois 60607 Unit 301 Charles K. Gersbach Unit 302 P. O. Box 813 Vail, Colorado 81657 J,ohn V. Amato ?" J..P AA_-t- 'B I. Uni ts 303 and 306 ~ij St:r8et /{),r;V lQU#<n~'1 r:::, Denver, Colorado 80202 Donald B. McCann, Trustee Unit 304 1519 National Bank Building Cleveland, Ohio 44114 Leonard H. Savage P. O. Box 25097 Oklahoma City, Oklahoma 73193 Unit 305 Vincent J. Domenico 12405 West 19th Avenue Lakewood, Colorado 80215 Units 402 and 403 Martin C. Kelly 650 Dexter Street Denver, Colorado 80202 Unit 406 Stein Erickson Box 1245 Aspen, Colorado 81611 Dik~an A. S. Dingilian 160 W. 225 Street New York, New York 10463 Martin J. Cerise and Robert L. Kopp & Co. P. O. Box 646 Aspen, Colorado 81611 AHM ASSOCIATES 1022 GUARANTY BANK BUILDING DENVER, COLORADO 80202 825-7601 September 13, 1974 City of Aspen Box V Aspen, Colorado 81611 Gentlemen: We are in receipt of your Notice of Public Hearing, Case No. 74-36, wherein you addressed this particular form to John V. Amato, 1970 Holly, Denver, Colorado 80202. Would you please change your records deleting the Holly Street address to 1022 Guaranty Bank Building, Denver, Colorado 80202. For your information the property in Aspen that Mr. Amato owns are Units 303 and 306 Aspenhof. Thank you for your cooperation in this matter. jj Yours very truly, ,~)/~{,~ c~(~ (cra e E 'J~obs ~=/re-+ry tC\ John V. Amato " / '-.~-~.