HomeMy WebLinkAboutlanduse case.boa.801S-Monarch.001-73
APPEAL TO BOARD OF ZONING ADJUSTMENT
CITY OF ASPEN
Da~e: January 19, 1973
Case No. 73-\
ApJ1ellant:
Ad4ress:
Mountain Queen Corporation
100 East Main Street, Aspen, Colorado 81611
Owqer:
Adqress:
Mountain Queen Corporation
100 East Main Street, Aspen, Colorado 81611
Lo~ation of Property: Description Attached Hereto
801 S. Monarch
Bu~lding Permit application and prints or any other pertinent data
muslt accompany this application, and will be made a part of Case
NO.l 73~1
The Board will return this application if it does not contain all
the facts in question.
Des~ription of proposed exception showing justification:
PROPOSED EXCEPTION ATTACHED HERETO
Signed:
MOUNTAIN QUEEN CORPORATION
Provisions of the Zoning Ordinance requiring the Building Inspector
to forward this application to the Board of Adjustment and reason
for!not granting permit.
(See Below)
Status
Signed
PER~IT REJECTED DATE
APP~ICATION FILED
MA I IJED
DECISION
DATE
DATE OF HEARING
Secretary
Applicati~n is made for a building permit to build a multiple family dwelling.
The propo$ed multiple family dwelling will be approximately 36' above the
finished ~rade of the building or approximately 54' above the grade reference
point at the centerline of Monarch and the north property line which is the
reference I point required to be used by Sec. 24-9 (e). The maximum permitted
height is!28' Sec. 24-6 (a).
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NOTICE OF PUBLIC HEARING
Case No. 73-1
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL }lROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
Pursuant to the Offi~ial Code of Aspen of June 25, 1962, as amend-
ed, a p1~blic hearing will be held in the Council Room, City Hall,
Aspen, Colorado, (or at such other place as the meeting may be
then adijourned) to consider an application filed with the said
Board olf A,dj ustment requesting authority for variance from the
provisions of the Zoning Resolution, Title XI, 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 YOtlr views by ] etter, particularly if you have objection to
such valriance, as the Board of Adjustment will give serious con-
sideratlion to the opinions of surrounding property owners and
others laffected in deciding whether to grant or deny the request
for var:iance.
The par:ticulars of the hearing and of the requested variance are
as folllows:
Date anld Time of Meetin2:
D~te: January 25, 1973
T~e: 3:00 p.m., City Council Chambers
Name a~d Address of Applicant for Variance:
Name: ~ountin Queen Corporation
AddresJ; lOO East Main St, Aspen, Colorado
Locatiqn or description of property:
Location:
Description' Lots 45, 46, 47 and 48 and parts of Lots 25, 26, 44 and
· 49 of The Little Chief Lode, M. S. 5850
Variange requested: Clarification of the strict method of measurement
for height of buildings.
Duration of Variance: (Please cross out one)
i~~f!fx
Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY
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Chal.rma~ ~
~
PROPOSED EXCEPTION - CASE 73
The proposed exception herein applied for is a height
variance from an impractical application of Section 24-9(e)
of the Official Code of the City of Aspen, adopted November 22,
1971, page~ 1511-1512. It is requested on the basis of hard-
ship inflicted by strict enforcement of the Ordinance; and on
the further grounds (I) that special conditions and circum-
stances exist which are not a result of the actions of the
Applicant, (2) that special or extraordinary circumstances
apply to the subject property that do not apply similarly to
other properties in the same vicinity and zone, (3) that the
granting of the variance will not adversely affect the general
purpose of the comprehensive general plan, and (4) the Appli-
cant's feeling that the existing Code is ambiguous and needs
constant interpretation for each building site which does not
constitute a horizontal plane, all valid reasons for granting
a variance under Section 2-22(d) of said Code.
The Applicant and the Aspen Skiing Corporation, in order
to provide suitable access to the newly located lA lift and to
improve the lower part and finish area of the Roch Cup race
course, will have to recontour part of the ski hill and the
Applicant's property, as outlined in the correspondence from
it dated January 17, 1973, and attached to this Application.
A portion of the property to be recontoured laps over onto or
encroaches upon the subject property and property adjacent to
the subject property owned by Spar Consolidated Mining Company.
The logical way to accomplishing the recontouring for proper
drainage on the subject property and better skier access would
be to raise the grade of a substantial portion of the subject
property above its present configuration. We are informed and
believe that this would be accomplished merely by placing the
slope back in its original configuration. Ap'proximately eight
years ago, the Aspen Skiing Corporation altered the original
.
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containing 34,500 square feet (.76 acres) of property with a
double contour configuration 'created by the bowling hereinbefore
explained.
ATTACHMENTS: (Number 1 enclosed wit~ Notice to adjoining
owners. All others filed with City Clerk)
(I)' Cross Section Plat of subject property and
proposed structures showing maximum height
from approximate, finish grade.
(2) Plot Plan.
(3) Contour Plat showing double contour and approxi-
mate finish grade after' Skiing Corporation
excavation.
(4) ,Property Description.
(5) Letter from Aspen Skiing Corporation.
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AGREEMENT
THIS AGREEMENT, made between MOUNTAIN QUEEN OORPORATIO~
a Colorado corporation. (herein referred to as "Mountain Queen"),
and the CITY OF ASPEN. a Colorado municipal corporation, (herein
referred to 88 "City").
WITNESSETH:
'.
,1. Mountain Queen intends to develop real property on
Aspen Mountain situate near the base of Aspen Skiing Corpor-
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ation's Number lA lift and the southerly end of Monarch Street.
2. In order to assist in the more orderly movement of
traffic. vehicular.'skier and pedestri~n~ Mountain Queen has
agreed with the 'City and with ft~pen Skiing ,corporation t~ obtain
and make available land for use for a public street an4 skier's
easement.
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3. Attached hereto as Exhibit A :~nd ~ncorporated as a:'"
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'part hereof. is a plat showing an area ,o~tlined in yellow. blue" '."
or~nge and green, which is the general" course of the skier's
easement and ,street. Exhibits' Bthrough E ~nclusive are legal
descriptions of the land' necessary ~or such uses~
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4. ~untain Queen agrees to grant tot~ City of Aspen I
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an easement twenty-five (25) feet ~n width across. land owned.by "
Mountain Queen as shown on Exh:f..bit"A and' as .described in Exhibit
1?e.O"'''rIZIA~ . .":~"\'.!.
' B for use to provi~e public ",access to the ski hill and the ..:,''.-
Number lA ski lift of Aspen Skiing Corpora;tion 1n its present ":;~:? 'i~'
location. .
5. Mountain 0ueen warrants that it is the owner in
j' fee simple of the land described in Exhibit C and agrees to
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grant by dedication to the City of Aspen all of its right. title
and interest in and to a parcel of land twenty-five (25) feet in
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width across land owned by Mountain Queen as sho'\.7n on Exhibit \ A' ~', I
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and ,described in E~hibitC for use as a 'pub11cstreet. ,::,:, ,', ""
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Mounta~~ Queen has att~m~,ted'un8uccessfull,. to'
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acquire from Daly Construction, Inc. certain land lying easterly
of Mountain Queen land for the purpose of dedicating 8 portion.
of the Daly land to the City for use as a public 8treet.' The
Daly land necessary to such street 1s outlined in blue on Exhibit
A and 1s described in Exhibit D hereto.
7. Mountain Queen has discussed with Hans Cantrup a8
repres~Dtative of the owners of the land outlined in yellow on
Exhibit A the P?sSibilityof'acquiring said land f~r use in the'
-project described herein. Mountain Queen will use its best
efforts to acquire said land from Hans Cantrup or the legal
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entity which ,owns it and. if successful. will grant it by dedlc-.
. ation to the City: as described in Exhibit E for use 8S a public ,~:i ~J",
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8. The City agrees that if the land referred to in :~ ~::~
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paragraph numbered 6 and 7 above is not granted to the City by ,-. <;.~:~
. :f~-t 6() Ir?:.~ . it will take such action as it :.:~ti:
deems -n ~essary t~ acquire said property for use as a public ~/.,
street t including but' not limited to a condemnation 8uit under . ,',
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,its right of eminent domain. Mountain "Queen agrees to pay the ! ":~"~
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City for all reasonable and necessary costs incurred by the City ':~."~
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: in acquiring sald land, including but not, limited to the price ~ : I ::: :..-
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allocated to the land and attorneys fees, which payment shall b~ ,.
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made to the City within thirty '(30) days. from billing. ....~,. " '..'
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9. In return for making a, grant of private la,nd for '.~' "{'"
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public use the City agrees that all such grantors shall be en-:'~
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titled to use the area granted by'them in computing density ,.,':~
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availability under City zoning in future building projects on :: J~'
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land adjoining the granted land. ,The City further agrees that ~'
in the event it changes the zoning classification of the land "':.\:
'owned by Mountain Queen, described in Exhibit F, attached hereto,
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from its existing AR-l- (Accommodations and Recreation) clas.- ,!'.~
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1fication. 1t will. not prevent or reduce the density within: tha, ".,'.~:
clevelop_~t project' asprev10usly 8ubmLtted':to.:the Board of;';.,;,:i.!' .'.;
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Adjustment of the City of Aspen, Csse Number 72-3, and that the
CITY OF ASPEN. a Colorado ',' ::::o~'~:':.:'{:~:'~':. :.
municipal corporation
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density of said project not exceed nineteen (19) units.
'Dated' this
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1972.
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ATTEST:
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~~~~~~I~G 7~! O~~~~RE N~22~ 5~F F~: ~~~RL=~~4"~FS~~35' :.'.....: ':;.:' ::>~{~~"'~
;=g; ~~~~~~, 00" W 25.13 FEET; :..1. . "y;;.)t
THENCE N 75000' 00" W 121.02 FEET; , '. :f."~ '.
THENCE N 70003' 10" W' 47.27 FEET;u,"~/~;:~?:>.
THENCE N 15046' 06" E 25'.07 FEET;" " ,;j,"'.,'.
THENCE S 70003' 10. E 47.99 FEET '1'0 THE' POINT 'or'. BEGDHING, ,.... .,.. t)' "<'~'~
c~eAINING' 42~~..1 sq.~" ~RB .OR LESS,."" :.... ::- :~,) '. .' ". " ;.; ,.'>' '~".<
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EXHIBIT "elf . .
TRI-CO Management, Inc.
Planning · Design · Surveying · E'lgineering · Construction
and Management of. Land
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, . -. 72-103-1"4 "
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DESCRIPTION
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A TRACT OF LAND SITUATED IN THE NE 1/4 NE 1/4 OF SECTION 13,
~OWNSHIP 10 SOUTH, RANGE 85 WEST AND IN THE NW 1/4 NW 1/4 OF
SECTION. 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE' 6TH PRIH-i-.~
CIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT BEING,
MORE FULLY DESCRIBED AS FOLLOWS:
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Box 1730
Aspen
Colorado 81611
303-925-2688
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October 17, .1972
DESCRIPTION
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'.A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18,
TOt'lNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN,
PITKIN COUNTY,' COLORADO. SAID TRACT BEING PART OF LOTS 21, 22,
AND 23 OF THE .LITTLE CHIEF LODE, M.S. 5850, AND PART OF THE
C,ONNOR PLACER, M.S. 2535, AND BEING MORE FULLY DESCRIBED AS
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· 'TRI-CO Management,
Planning · Design · Surveying · Engineerin~ · Construction,
and Management of Land
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Inc.
Box 1 730
Aspen
Colorado 81611
;:x: 303-925-2688 '
October 18, 1972 .
72-103~1
Boundary
, DESCRIPTION
A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18,
'TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE' 6TH PRINCIPAL MERIDIAN
AND IN THE.E 1/2 NE 1/4 OF SECTION 13~, TOWNSHIP 10 SOUTH, RANGE
85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO...,
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SAID TRACT ENCOMPASSES ALL OF LOTS 45,' 46, 47 AND 48 AND PARTS,
OF LOTS 25, 26 AND 44 OF THE LITTLE CHIEF LODE, M.S. 5850 AND
IS MORE FULLY DESCRIBED AS FOLLOWS:
.-
BEGINNING AT A POINT ON LINE 2-3 OF SAID LITTLE CHIEF LODE"
M.S. 5850, WHENCE CORNER NO. 2 OF SAID LITTLE CHIEF LODE
.BEARS N 45000' 00 "E 110.27 FEET;'
" THENCE S 45000' 00" W 19. 63 FEET ALONG SAID LINE 2-3 TO THE
MOST NORTHERLY CORNER OF SAID LOT 48;
THENCE S 19 0 58 ' 41" W 110. 90 FEET ALONG THE SOUTHEASTERLY
LINES OF SAID LOTS 48 AND 47 TO THE MOST SOUTHERLY CORNER
OF SAID LOT 47 ALSO THE MOST WESTERLY CORNER OF LOT 24 OF
SAID LITTLE CHIEF LODE;
THENCE S 67019'58" E 61.11 FEET ALONG THE SOUTHWESTERLY LINE
OF SAID LOT 24 TO THE MOST SOUTHERLY CORNER OF SAID LOT '24
ALSO THE MOST NORTHERLY CORNER OF LOT 16 OF SAID LITTLE CHIEF
LODE: "0
'THENCE S 1 7 044 ' l8" W 34. 00 FEET ALONG THE NORTHWESTERLY LINE .
OF SAID LOT 16 TO THE MOST WESTERLY CORNER OF SAID LOT '16;
THENCE N 65046' 50" W 72.34 FEET TO A POINT ON THE SOUTHEASTERLY
LINE OF SAID LOT 46;
'THENCE S 3 7 0 13 ' 00" W 73. 02 FEET ALONG THE SOUTHEASTERLY LINE . _. ~
OF SAID LOT 46 TO THE MOST SOUTHERLY CORNER OF SAID LOT 46;
THENCE N 83051'10" W 78'.68 FEET TO A POINT ON LINE 2-3 OF
SAID LITTLE CHIEF LODE, SAID POINT BEING THE INTERSECTION OF
AN ~SPEN SKIING CORPORATION LEASE LINE AS' DESCRIBED IN BOOK
235 AT PAGE 80;
THENCE N 11025'30" W 278.24 FEET;'
THENCE S 70003"10" E 132'.69 FEET;
THENCE S 750 00' 00 n E 128. 88 FEET 'TO THE POINT. 'OF' BEGINNING,. ,-
CONTAINING' 0.983 'ACRES MORE OR LESS.'
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RECORD OF PROCEEDINGS
100 Leaves
FORM!O C. F. HOECKEL 8. ,~. ! L. co.
. .-
~ular Meeting Board of Adjustment January 25, 1973
,-Meeting-was called to order by Chairman John Dukes at 3:10 p.m. with
Remo Lavagnino, Charles ~aterson, Fred Smith, and Gilbert Colestock
present.
Charles Paterson made a motion to accept the minutes of January 4, 1973
as written and mailed by the Secretary. Seconded by Fred Smith. All
in favor, motion carried.
72-28
McCoy
Mr. McCoy's case was continued for the lack of a full board.
Mr. Lavagnino stated he~was originally against granting this
variance.As a temporary. grant of variance and as the ad-
jacent owners have no objections, agree, as long as it is taken
down by April 30, 1973. It is not a permanent structure and
would have no adverse effect. Mr. Smith pointed out that
there is no hardship i~nvolved, he had a court order to stop
building and he went ahead irregard1ess of such. Mr. Lav-
agnino said that he felt that Mr. McCoy had been reprim8nded
as he can only be expected to pay so much for what he has
done. He asked Mr. Meyring if there was any recourse to action
if Mr. McCoy hadn't taken this structure do~vn by April 30,
1973. Mr. Meyring sa id tha t he would report to the court
that Mr. McCoy hadn't followed the mandate of the Board of
Adjustment, the suspension against Mr. McCoy from the
Municipal Court, would go into effect.
John Dukes read into the minutes a letter from Ellen Harland
stating ttlat she was in accoJ:~d 'witll granting the variance
if it was no later than April 30, 1973, to have the removal
of the shelter completed.
Charles Paterson made a motion to grant a temporary variance
to Mr. McCoy on the basis th~t no permanent adverse effect
of the comprehensive plan and that this horse shed structure
in question, shall be removed on or before April 30, 1973.
Gilbert Colestock seconded. Roll call vote: Charles Paterson,
aye; Fred Smith, nay; Remo Lavagnino, aye; Gilbert Colestock,
aye; John Dukes, aye. Motion carried.
72- 28A.
James
Mokres
John Dukes read the particulars of the reouest for a variance
to build an addition to a one family dwelling, permanent var-
iance requested.
Mrs. Mokres was present and said the drawing of the addition
was not true to how it will be. It would be approximatel.y
104 square feet, and they are going to restore the Vic~
torian house and remove the boxed in front porch.
Mr. Meyring said that the set back has not been surveyed.
Mrs. Mokres said that the sale of the house is contingent
with survey. Mr. Colestock said that he would like to see
the survey first. Mr. Dukes asked Mrs. Mokres to bring in the
survey and they they would know if it is written within
the building codes. Mr. Lavagnino said that the variance
might be on the basis of extending a non-conforming use of
8 setback. Mr. Duk~s stated that they would like to have
a survey so that Mr. Meyring could ascertain if there were
other variances or other problems that are not within the
code, this would make i.t siml)ler. for everyolle involved. Mr.
\.
FORM ~Il C. F. HOECKEL B. 8. & L. CO.
RECORD OF PROCEEDINGS
100 Leaves
Regular Meeting Board of Adjustment January 25, 192:
Meyring stated that now it is a conforming lot, Bnd they
are spliting it into two 30' lots. There are two buildings
on this lot, and they'were built before you had to connect
the buildings.
72-29
Vrany &
Wolf
73..l
Mt. Queen
Corp.
.The Board asked for a plot plan and survey tOe be brought to
Mr. Meyring and to continue the case.
Mr. Dukes read the particulars of this variance, request for
stairway addition to a non-conforming building, permanent var-
iance requested.
Mr. Vrany was present and said that they were going to replace
an existing staircase between the Fo'c'sle and Cooper Building.
The staircase that is there now is 3' wide, and the one that
they are putting in is 6' wide, and it will metal and en-
closed.
Mr. Meyring stated Ehat the building is 8 non-conforming
building and the addition will be somewhat larger, but what
is there now is a fire trap. This would be a vast improve-
ment, and it will meet the building code.
The Commission reviewed the plans. Charles Paterson said
that this is much more ideal from a safety standpoint. Mr.
Oates, representing the Cooper Building, said this is a joint
venture with respect to this matter, certainly will live
up to the party wall agreement, we merely ask that the pro-
jectbecoordinated with the joint venture and on that score
there are no objections.
Remo Lavagnino made a motion to grant the variance for the
im~ovement will bring the stairway up to code and will secure
public safety and welfare and will have no adverse effect on
the general comprehensive pla~~ Fred Smith seconded. Roll
call vote: Fred Smith, aye; Gilbert Colestock, aye; Remo Lav-
agnino, aye; Charles Pa terson, aye; John Dukes " aye. Motion
carried.
Mr. Dukes read the particulars of this variance for clarifi-
cation of the strict method of measurement for height of
buildings.
Herb Bartel arrived
Mr. Oates representing the law firm of Clarks, Oates, Austin &
McGarth, who represent the Mt. Queen Corporation, presented
model layouts. Proposing to develope a site that lies above
the 700 Monarch Building and Steve Wendle's property. Mr.
Oates sta~ed that he had just met with Joe Edwards, who
represents the 700 Monarch Building Condos and they had dis-
cussed the concept and why the request was desired. Attorney
Oates agreed with a continuance of the hearing as requested
by Attorney Edwards, in order that Mr. Edwards could confer
with the Board of Directors of the 700 Monarch Condos.
Attorney Oates reviewed with the Board the model showing
placement of the facilities, discussed the problem of base
\
RECORD OF PROCEEDINGS
100 Leaves
FORM 50 C. F'. HOECKEL 8. B. a L. co.
Regular Meeting
Board of Adjustment
January 25,197:
*for measurement of height caused by excavation by the Aspen
Ski Corporation. Attorney Oates pointed out that the build-
ings on the ends were within the height code as written now,
but tl1e three buildings i!l the center were above the height
regulations. Mr. Oates said that .if this variance were not
granted it would mean that they would have to re-design the
buildings, and have them spread out over the lot in a higher
density pattern. Mr. Oates submitted for the file the
agreement between the Mt. Queen Corporation and the City of
Aspen. .
The Board requested that a site plan showing the height
and layout of facilities be submitted.
This matter was tabled until Joe Edwards could contact
the owners of the 700 Monarch Condos.
Charles Paterson made a motion to aqjourn the meeting
at 5:15 p.m., Remo Lavagnino seconded. All in favor, meet-
ing adjourned.
I /---~
/ cording See.
-' .
1
MOTION OF
THE BOARD OF ADJUSTMENT
OF THE CITY OF ASPEN
Case No. 73-
The next matter to come before the Board of Adjustment
was the matter ofa request for a height variance made by
Mountain Queen Corporation, a Colorado corporation. This matter
had been continued by the Board from January 8, 1973, to this
date upon the request of Mr. Joseph E. Edwards, Jr., counsel for
the 700 ~narch Condominium. This request for a continuance was
joi~ed in by counsel for Mountain Queen Corporation, Leonard M.
Oat~s. At the hearing this date, Mr. Oates advised the Board
that the 700 Monarch Board of Uirectors had determined that it
was not their desire to oppose the request for the variance. He
explained that a number of 700 Monarch owners had come to the
office of the architects for a detailed explanation of the plan,
and he felt that everyone was satisfied that this was the best
solution in development of the property. Mr. Oates, in conjunc-
tian with Tim Hagman and Robert Hurt of the architectural firm
of ;Copland, Finholm, Hagman & Yaw, Ltd., presented vertical and
cross-section elevations with respect to the completion of the
appurtenances to be placed in the property in the form of a
tennis court, underground parking structure, manager's quarters
to be of a size of approximately 900 to 1,000 square feet, a
sw!m~ing pool, swimming pool facilities and vertical circulation
structure. Mr. Hurt and Mr. Hagman explained how, in their design
criteria, they had made efforts to make the minimum visual impact
on the surrounding property by virtue of the development of the
project.
Whereupon, upon motion made by Remo Lavagnino, and
seconded by Fred Smith, the following motion was unanimously
passed by the Board granting the variance as hereinafter set
forth under the following terms and conditions.
1. A variance is hereby granted to Mountain Queen
Cdrporation to construct within the height envelope, in accord-
.. .....
..
anlce to the design as shown in the cross-section and site plan
on, file in this cause a.nct attached to these minutes as Exhibits
A land B, said variance being expressly granted for the real
~-""'~..--!-'~,.-. ~"...
pioperty described in the applicant's application herein.
2. That said variance is granted on the assumption that
the -Aspen Skiing Corporation will perform some recontouring work
in close proximity to the existing Roch Cup Ski Race finish at
the base of Aspen Mountain and that the said recontouring will
somewhat modify the grade of the applicant's property, but upon
th~ further condition that said contouring does not, in the
oplinion of the City of Aspen Building Inspector, create an
abnormal grade by mounding or creating a depression, the intent
hereof being that any recontouring done in order to accommodate
the applicant's building creates a flowing natural grade line for
the subject property.
3. That as a further condition of the variance granted,
the structures appurtenant thereto, as shown in Exhibits C, D
/
and E on file herewith, be constructed substantially according
to the way that the same are shown thereon in relation to the
pr<lperty.
4. It is a further condition of this grant that the
applicant, by virtue of its condominium declaration, restrict
further development of the property of the applicant by prohibit-
ing any additional condominium units to be placed thereon.
5. That as a further condition for the granting of this
application for variance, the applicant agrees to full coopera-
tion with the Aspen Fire Protection District in providing a sound
and workable fire protection system for the improvements to be
er~cted on the subject property.
6. That this Board maintain continuing jurisdiction
,~~!t,h r~s~~~~\ torite variance herein granted by and through the .,
ktkin--Coun-t-y Bui~ding Inspector as its agent, to insure the
development of the property in accordance with the intents hereof.
Mr. Oates assured the Board that the City would obtain
the full cooperation of the developer and agreed that he would
- 2 -
.
_....~ --
..
provide a letter from Mountain Queen Corporation with respect
to the matters contained in the motion of an affirmative nature,
i.~., cooperation on fire protection and a covenant respecting
'-'f~~ther development. He indicated that it would be necessary to
delay the covenant with respect to development because that would
be contained in the condominium documents for Mountain Queen and
ag~eed the agreed procedure of the Board was determined to be
that Mr_~." Q~:es _~repare>'1;h~ion in this cause and deliver it
to the Pitkin County BUil~ipg Inspector where the same could be
ex~cuted by all of the members of the Board and filed with the
m~nutes of this meeting.
The foregoing is approved and accepted as the action of
the Board of Adjustment of the City of Aspen as of its meeting
of February 8,1973.
J.
/'
Charles Paterson
Remo Lavagnino
Gilbert Colestock
,
Fred Smith, Jr.
J
- 3 -
R,ECORD OF PROCEEDII'~GS
100 Leaves
FORM so C. F. HOECKEL B. 8. a L. co.
Public Hearing
Aspen Board of Adjustment
September 23,19ZJ
Meeting was called to order at 5:00 p.m. by Chairman Eleanor Hubbard with
Jerry Hobgood, Remo Lavagnino, John Du'kes and Charles Pa.terson. Also present
was Building Inspector Clayton Meyring.
'CASE NO. 71 - 15 KASTELLIC
Case continued and new material was submitted by Attorney Leonard Oates, which
included page from the County Board of Adjustment minutes.
Mr. Meyring reported the Planner had done some research on this property and
he connot determine where the RMF zone is on the south side. It does not
agree with the Master Plan. Mr. Oates stated they would be willing to set
the line or would definately pursue this through the Planning and Zoning
Commission to get it settled. Photographs of the general area were submitted.
Letter submitted from Gene Ingham opposing the variance was read.
Chairman Hubbard closed the public hearing.
Hobgood moved to deny the variance because it was not shown from the City to
County zoning resulted in a hardship to the property owner; the major portion
of this property remain in the same zoning catagory R-15, the fact that a
small portion of the property across the Roaring Fork is zoned AR and small
portion ()f property along the north edge is zoned Rl1F are not special or
extra-ordinary circumstances to allow addition of a non-conforming use. Se-
conded by Dukes. Roll call vote, - Dukes aye; Paterson aye; Lavagnino aye;
Hobgood c3ye; Hubbard aye. Motion carried.
CASE NO. 71 - 16 VIVIAN JONES
Chairman Hubbard read the particulars of the case, requested on side yard
and rear yard setbacks. Premises located at 610 Francis St. Requested to
add another single family dwelling on the property. One existing dwelling.
Consent forms by adjacent property owners were submitted. Attorney Delaney
presented and reviewed with the board a sketch of the property in question.
Plans were also' reviewed. Discussed extension' of the present victorian
cottage to the east and north that would bring the dwelling up to the re-
quired 600 sq. ft. Mr. Delaney stated they felt the lot sizes have caused a
hardship. Question being what can be done with the lot if this is n0t 8pp~
roved. Mrs. Jones had studies made to ascertain an answer to this question
and it was determined either a duplex; or connect the two dwellings. Feel
the logical thing to do would be to leave the existing structure as an acc-
essory b\lilding and build to the south. Other structures in the neighborhood
of this kind. Since the property was acquired considerable work has been
done to upgrade the prop~rty i.e. landscaping etc. The quality of the neigh-
borhood should be taken into account, it has a victorian character and high
density should be discouraged. To enlarge this structure 'vould fit the
aesthetics of the neighborhood.
RECORD OF PROCEEDINGS
100 Leaves
FORM 50 C. F. HOECKEL B. 81 a L. co.
Public Hearing
Aspen Foard of Adjustment
Sep~ember 23, 1971
Mr. Meyring po~nted out with the three lots there is 9,000 sq. ft.
Mr. Delaney stated there are several structures in the neighborhood that are
built to the property line and access is no problem. Mr. Meyring stated
plumbing and electricity were installed about 2~ years ago.
Mrs. Jones pointed out the one lot was held in separate ownership prior to
the zoning ordinance. Mr. Meyring stated the previous request was denied
based on the dwelling not being brought up to the 600 sq. ft. requirement.
Chairman Hubbard closed the public hearing.
Lavagnino moved to grant the request for variance to allow the remodeling of
an existing structure as a single family dwelling and to allow the setback
variances; it has been established chat the property legally described Lot Q,
Block 21 is a legal building site for a single family dwelling because con-
crete floor was 1ayed prior to the acquisition of this property by the Jones;
practical difficulties would be such as to render it impossible to move the
cottage to conform to setback requirements. It is felt that to remodel the
existing structure would not be detrimental to the community and would have
no adverse affect on the comprehensive general plan; there was no attempt to
circumvent the spirit of the zoning ordinance since the property owners
could have legally built a larger structure. Seconded by Paterson. Roll
call vote - Paterson aye; Dukes aye; Lavagnino aye; Hobgood aye; Hubbard aye.
Motion carried.
CASE NO. 71-17 WILLIAM BEAUMONT,
Chairman Hubbard opened the public hearing and read the particulars of the
case. Request to build an addition to an existing accessory building, set-
backs (side and rear) would not meet the requirements. Premises located at
302 E. I{~pkins.
Correspondence from Mrs. Van Loon was stated as being in favor of the var-
iance. tetter from B. Harris in favor of the variance was read.
Mr. Francis Whitaker was present and stated he felt there were unusual cir-
cumstanc~s in this case, dwelling is a single lot 30 x 100 and we need to
encourage people to live in the downtown. Commercial development on this
lot would be allowed to build up to the property lines, with no setbacl<
req.lliremtents .~
Mr. Meyring stated this is a remodeling plus an addition, the use of the
building will not change. This is a single lot and has been held in sep-
arate oWlllersl1ip.
Discussed making the new dwelling smaller .in order to meet the setback re-
quirements.
(These minutes were never typed or transcribed by Mrs. Reggie Holste. These
minutes came to the attention of the City Cler'k in December of 1972 and were
taken from a tape of the meeting which was found in the Building Inspectors
Office. The remainder of the tape does not exist - goes into a Council meet-
.
~
~.
RECORD OF PROCEEDINGS
FORM ~o C. F. HOECKEL 9. B. 8: L. CO.
100 Leaves
Public Hearing
Aspen Board of Adjustment
September 23, 197~
ing and apparen~ly Mrs. Holste turned the tape off. Therefore, the remaining
portion of the meeting is not available. From discussion with the Building
Inspector, it appears thi~ variance was granted to the applicant building
permit was issued.
Dated this 1st day of February 1973.
To: City of Aspen Board of Adjustment
From The Mountain Queen Corporation
Re: Redesign of roof line and variance envelope
previously granted.
Date: March 28, 1973
The roof design shown on the enclosed drawing is
proposed for the project and will reduce the overall height
profile from that approved by the Board of Adjustment. The
architects and client feel that the new roof line will result
in a "less visible" building. While the proposed roof line is
lower than the overall height envelope approved by the Board
it requires Board approval because it projects above the
"step down-flat roof" portion of the roof line.
THE MOUNTAIN QUEEN CORPORATION
~_ ~/'2)> ~ ~
By ~./I ." .a-~, L-~
v "
MOUNTAIN QUEEN CORPORATION
Aspen, Colorado
Board of Adjustment
City of Aspen
P. O. Box V
Aspen, Colorado 81611
Re: Height Variance for Mountain
Queen Project
Gentlemen:
Pursuant to the variance granted us by virtue
of a motion made at your regular meeting held on February
8, 1973, Mountain Queen Corporation would advise you that
it is in complete accord with the conditions placed upon
the granting of the variance and will fully comply with
the terms thereof. We will provide you with any docu-
ments or instruments which you may find necessary in
order to be fully satisfied as to our compliance with
said conditions.
Very truly yours,
MOUNTAIN QUEEN CORPORATION
,() L
Ct;~1/(-
/ -~'U.(Ji~I;, '..~
/j
c' ~
.TRI- 0 Management, Inc.
Planning. esign. Surveying · Engineering · Construction
and Manag ment of land
Box 1730
Aspen
Colorado 81611
303. 925. 2688
November 22, 1972
File:' 72-103-1
Boundary
DESCRIPTI,ON
A TRACT 'OF LAND SITUATED IN THE W 1/2 NW 1/4 OF SECTION 18,
TOWN,SHIP 10 'SOUTH,' RANGE 84 WEST 'OF THE' 6TH PRI'NCIPAL MERIDIAN
AND IN 'THE E 1/2NE' 1/40'F SECTION '13,,', TOWNSHIP 10 SOUTH, RANGE
85 WEST 'OF THE 6TH PRINCI'PAL MERIDIAN, PITKI'N COUNTY, COLORADO.
SAID TRACT :ENC'OMPASSES ALL 'OF LOTS 45, 46, 47 AND" 48 'AND PARTS
OF LOTS 25, 26, 44 AND 49 OF THE LITTLE CHIEF LODE, M.S. 5850
AND IS MORE FULLY DES'CRIBED AS FOLLOWS:
BEGINNING AT 'A POINT ',ONLINE 2-3 'OF SA'ID LITTLE CHIEF LODE,
M. S .. 5850, WHENCE CORNER NO'. 20F SA'ID LITTLE CHIEF LODE
BEARS N45QOO" 00" Ell'O.:27,PEE'T 'AND ,THE NW CORNER OF SAID
SECT,ION '18 BEARS N'OIO 00 '.57" W '1309'. 03 'FEET;
THENCE S 45000" 00" W19'.63 'FEET 'ALONG SAID LINE 2-3 TO THE
MOST NORTHERLY CORNER OF ,SA'ID LOT' '48;
THENCE S 19058 "41" W '110.90 FEET 'ALONG THE SOUTHEASTERLY
LINES OF SArD LOTS' 48 AND" 47 TO THE, MOST SOUTHERLY CORNER
OF SAI'D LOT '47 ALSO THE MOST 'WESTERLY CORNER OF LOT 24 OF
SAI'D LITTLE CHIEF LODE; - '
THENCE S' 67019'58" E' 61.11 FEET 'ALONG THE SOUTHWESTERLY LINE
OF SAID LOT '24 TO THE MOST 'SOUTHERLY CORNER OF SAID' LOT ~24
ALSO THE MOST NORTHERLY CORNER OF LOT 16 OF SAID L'ITTLE CHIEF
LODE; .
THENCE S 17044'18" W 34.00 FEET 'ALONG THE NORTHWESTERLY LINE
OF SAID LOT 16 TO THE MOST 'WESTERLY CORNER OF SAID LOT 16;
THENCE N 650 4 6 ' 50" W 7 2 .' 3 4 FEET 'TO A PO INTONTHE SOUTHEASTERLY
LINE OF SAID LOT 46;
THENCE S 370131'00" W' 73'.02 FEET ALONG THE SOUTHEASTERLY LINE
OF SAID LOT '46 TO THE MOST 'SOUTHERLY CORNER OF SAID LOT' .46;
THENCE N 83Q51' 10" W' 78'.68 FEET 'TO A 'POINT 'ON LINE 2-3 OF
SAID LITTLE CHIEF LODE;
THENCE N110,25'30", W 278.,24 FEET;'
. THENCE S 700031'10" E 132,'.,69 FEE'T;'
THENCE S 75000"00" E 128'.88 FEET' -TO THE POINT 'OF' BEGINNING, ,
CONTAINING' '0.'983 'ACRES MORE OR LESS.'
~.
A Subsidiary of Trico Corporation · Offices throughout the West
.
ASP ENS K I I N G COR P 0 RAT ION · BOX 1 2 4 8, ASP EN, C' 0 l 0 . 8 1 6 1 1 · P H 0 N E 3 0 3 / 9 2 5 - 1 2 2 0
January 17, 1973
Board of Adjustments
City of Aspen
Aspen, Colorado 81611
Gentlemen:
This letter is written in connection with our
agreement involving the exchange of land near the base
of the No. lA lift with the Mountain Queen Corporation.
Several years ago Aspen Skiing Corporation did considerable
re-contouring of the ski hill which lowered the grade level
on portions of the land owned by Mountain Queen Corporation.
As a part of our agreement with Mountain Queen whereby the
City acquired the circular street around the 700 Monarch
Condominium and the skiers' easement to the lA lift it was
agreed that re-contouring necessary to relocate the Roch
Cup race course and to improve skier access to the new lA
lift would be jointly done by Mountain Queen and the Aspen
Skiing Corporation.
Mountain Queen, in the process of designing their
apartment building has asked us what these new finish contour
grade lines will be. It is impossible at this time, however,
for us to accurately determine our finish contour grades.
Therefore, we would suggest that the Mountain Queen Corpor~
ation be permitted to plan and construct its three story
building using a reference elevation point which will be
finally determined on the ground from the finished contour
grade lines on our joint properties. This is necessary in
order to keep from creating a possible hardship on the Ski
Corp. by virtue of the Mountain Queen building possibly being
placed lower than the elevations we may have to establish in
order to create good shaping of the slope and to provide
proper drainage.
Yours very truly,
ASPEN SKIING CORPORATION
ASPEN MOUNTAIN
B~ / Ii-~
Tom Richar son
Vice President and General
Manager
BUTTERMllK/TIEHACK SNOWMASS