HomeMy WebLinkAboutlanduse case.boa.515 S Galena St.026-72
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NOTICE OF PUBLIC HEARING
Case No. 72 - 26
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 amend-
ed, a public hearing will be held in the Council Room, City Hall,
Aspen, Colorado, (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 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 your views by letter, particularly if you have objection to
such variance, as the Board of Adjustment will give serious con-
sideration 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:
December 7, 1972
3:00 p.m. City Council Chambers, City Hall
Name and Address of Applicant for Variance:
Name: Hans Cantrup aba Continental Inn
Address: Box 388, Aspen, Colo.
Location or description of property:
Location:
Description:
515 South G~lena, Aspen, Colo.
Lots M-S Block 91; Lots 1-3 Anthony Acres
Variance requested:
See Attached
Duration of Variance: (Please cross out one)
Temporary ~
OF ADJUSTMENT
BY
by KLD
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APPEAL TO BOARD OF ZONING ADJUSTMENT
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CITY OF ASPEN
Date
11/10/72
Case No.
Hans Cantrup d/b/a
. Appellant Continental Inn
Address
Box 388. Aspen. Co. 81611
Owner
Hans Cantrup
Address Box 388, Aspen. Co. 81611
515 South Galena, Aspen, Colorado
Location of Property Lots M-S Block 91; Lots 1-3 Anthony Acres
Street & Num er 0 Su ~v~s~on B oc & Lot No.
Building Permit application and, prints or any other pertinent data
must accompany this application, and will be made a part of
Case No.
The Board will return this application if it does not contain all the
facts in question.
Description of proposed exception showing justification:
(SEE ATTACHED)
Signed
Provisions of the Zoning Ordinance requ~r~ng the Building Inspector
to forward this application to the Board of Adjustment and reason
for not granting permit.
APPLICATION IS MADE FOR A VARIANCE TO PERMIT A STRUCTURE USED
FOR TRASH STORAGE TO HAVE NO FRONT YARD SETBACK. THE REQUIRED FRONT
YARD SET BACK IS 10 FEET. Sec. 24_6(a).
~~~~
Decision . Date\
CHIEF BUILDING INSPECTOR
Status
Permit rejected date
Application filed
Date of Hearing
Mailed
Secretary
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PROPOSED EXCEPTION
This is an appeal from a decision of the Building Inspector
that the covering of a fenced yard area adjacent to the owners
property line is contrary to Chapter 24 of the Municipal Code
of the City of Aspen, Appelant seeks a variance from the
strict application of the terms of ~he Code to permit the
covering of the service yard area, or such other relief as
will permit the continued use of the premises as constructed,
JUSTIFICATION
1, This appeal relates to the covering of a fenced area
utilized for
(i) the storage of trash and
(ii) the delivery entrance for the restaurant
facilities located at the Continental Inn.
This area has been fenced and covered consistently from
Fall of 1964 to date, However, in 1969 a new fence of
concrete was constructed replacing the former wooden fence
and a flat roof placed on top, replacing the roof formerly
located over the wooden fence,
2, The service entrance to the restaurant is located
adjacent to the street for ease of deliveries of goods and
removal of trash, and has been so located since Fall of 1964
Any other location would be impractical and unfeasible,
3. The primary purpose of the covering of the enclosed
area is to prevent the accumulation of snow therein and to
eliminate a substantial hazard to persons using the stair-
way of the service entrance. If such cover were required
to be removed it would create a substantial hazard to persons
using such area, and particularly the stairway, due to the
unsure footing created by wet and cold weather,
4, To permit the covering will not adversely affect the
general purposes of the comprehensive general plan but, in
fact, will further the health, welfare and safety of the
community by eliminating a significant hazard.
5. Practical difficulties and unnecessary hardships
will result in the carrying out of the strict letter of the
Code.
6. Tho spirit of the Ordinance will be observed, public
welfare and safcty sccured and substantial justice done by
granting the relief requested,
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Alpinblick Condo. Owners
1. Harvoy Platts
740 Flagstaff Road
Boulder, Colo. 80303
2. ~:rs. Cynthia Maer ~
158 South Forest St.
Denver
3 ."'illiam Bradford.~
150 Race St.
Denver 80206
J
4. Henry M. Hamlin &
George W. Babcock Jr.
4357 Nine Mile Point Rd.
Fairport N.Y. 14450
P. Hamlin & Babcock
6. L.C. Fulenwider ~
9 Equitable Bldg.
Denver 80202
7. L.C.Fulenwider
8. \~illiam Coors -J
Panorama Estates
Route 5, Box XX 763
Golden, Colo. 80401
9. Robert Serafin & v
stewart Schwartz
1938 Beckly
Highland Park, Ill. 60035
10.
Joseph G. Hodges .'
1360 Denver Club Bldg.
Denver 80202
11.
Clair Deterson
c/o Mr~. Mary Rice
Box 2045
Aspen
12. Clair Peterson
13. Brewster Merill
103 Salem Road
New exxEE Canaan, Conn. 06840
L,
14. ( ~ill st. corp.)
Richard L. schrepferman &
Mr. & ~rs..L Jump &
James Owen &
l'ir. & l'.rs. K. Anderson..
1700 Broadway
Denver 80202
15. Mrs. Charles Kendall ~
Box 932
301 Willow Valley Road
Lamar, Colo. 8&~& 81.052
16. George G. Game
5009 Excelcior Bldg.
Minneapolis, Minn. 55416
17. Niss Patricia F. Loughran
Route 2, Long Road
Littleton, Colo. 80120
18. Edward F'. Brown
B.L.M. CO.
1127 "'azee St.
Denver 80204
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19. James P. Lodge
801 Circle Drive
Boulder 80302
20. Arthur ZimetL
Westbury Developments
1905 Ave. Road, Westbury Division
Toronto 12, Ontario Canada
c
.
Ken ':-',00re \-.
mclain [lats
925-3037
curt Chase
415 E Durant
925-7848
Glenn Paas ---'
602 S Mill
925-23n4
Ralph ~elville J
333 E Durant
925- 7683
Fred Hibberd oJ
800 S Mill
925- 2722
John M. stirlin~
Cattle Creek
Glenwood
945-8436
~ippl0. West Owners
1. Mr. Ron Krajian ~
14000 palawan way
Marina Del Ray, Calfornia 90291
2. Mr. Edwin H. Flynn .~
National Associates, Inc.
155 Bovet Road
San Mateo, California 94402
3. Messrs. Don & Jack Crawford v
3401 east Ocean Blvd.
Long beach, Cal. 90803
4. Mr. Edgar Bright Jr. J
225 Baronne Street
New Orleans, Louisiana 70012
5. Mr. Frank Griesinger
838 National City Bank Building
Cleveland, Ohio J'btl1l:~ 44114
6. Mr. Frank Griesinger v
(same as above)
7. /I;r. !:'iasser sadeghi ~
Box 1411
Aspen
505 Dean Ave. 925-2001
8. Donat O. Green, Jr. ~
General Delivery
Aspen 925-3124
V
9. Mr. Gary G. Plumly
BOX 2076
Aspen 925-4548
:)
V
William H. Robinson
Route 2, Box 193
New Vienna, Ohio 45159
~4utle Tipple Owners
,//
1.0. !',rso Jeanette C. Hughes
21284 Fourth Ave., South
Des Moines, Washington 98188
V-
11.. Mr. & l'.rs. Leonard S. Patterson
8701 Arlene Terrace
Los ~ Angeles, Cal. 90046
1.2. Mr. Thomas O. wells v
Box 3199
Aspen 925-2393
~ 14/65] 2 B.1.
BUILDING INSPECTION DEPARTMENT
[]:gTY ,.." ASPEN - COUNTY OF PITKIND lLORADO
,
1 ADDRESS GENERAL I
xl Jdj'-"
OF JOB CONSTRUCTION
07s- PERMIT
WHEN SIGNED AND VALIDATED BY BUILDING INSPECTION DEPARTMENT THIS PERMtT AUTHORIZES THE WORK DESCRIBED BelOW.
CLASS OF WORK: NEW 0 ADDITION I:fV ALTERATION 0 REPAIR 0 MOVE 0 WRECK 0
OWNER ~ J.~J
NAME ADDRESS PHONE
GO: V 'J1l/~k LICENSE 11- LICENSE zl/ilf
0 NAME (AS LICENSED) CLASS NUMBER
...
u INSURANCE
~ 160 )( Z /q~
GO: ADDRESS PHONE 0
...
Z
0 SUPERVISOR V. A!1-~K
u FOR THIS JOB NAME DATE CERTIFIED
LEGAL
DESCRIPTION LOT NO. BLOCK NO. ADDITION
SURVEY ATTACHED 0 DESIGN A LlC
BY BY PE NO
AREA (S.F.) I HEIGHT NO. TOTAL OCCUPANCY
AT GRADE (FEET) STORIES UNITS GROU P DIY.
BASEMENT FIN 81 GARAGE SINGLE o ATTACHED 0 TOTAL TYPE I FIRE
UNFIN. DOU BLE o DETACHED 0 ROOMS CONSTR. ZONE
DEPTH FIRST ,IZE SPACING ,PAN AUTHORIZED
BELOW ; , AGENCY BY DATE
Z GRADE FLOOR A" I- >
0 '" BUILDING
... CEILlNG7 REVIEW ,
j:: EXTERIOR '" ~; /-1,^, /.:.....
FOOTING 0 . ~ # I
..( SIZE ZONING '-
Q -. f
Z EXTERIOR CONe. 0
~ FDN. WALL ROOF PARKING
0 THICKNESS MAS'Y 0
... PUBLIC HEALTH
r~~~K 0 CAISSONS 0 ROOFING
& GR. BEAMS MATERIAL
MASONRY ABOVE ABOVE ABOVE ENGINEERING ,
EXTERIOD THICKNESS 1ST FLR 2ND FLR 3RD FLR.
/VALL STUD SIZE ABOVE ABOVE ABOVE 'it
&. SPACE 1ST FlR. 2ND FLR 3RD FLR.
REMA'I SJ(J'" '"' n) LJ (JJI) An hd./ 7;\ d L) a/u~ >
/ (/i1 /-; A' !!-, I) "
2. t / ,. "
{ 10
AJ p.f J J, I .1.</1 } . "
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NOTES TO AP!L1CANT: ~
FOR INSPECTIONS OR INfORMATION CALL 925 - 73.36 ; ~,.(
FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR VALUATION $ <0
COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY (519 0-0
ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK .0-0
APPLIES.
SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING. SIGNS, PLAN TOTAL FEE
SWIMMING POOLS AND FENCES, T -0
PERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. FILED P
REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. DOUBLE I CHECK 0 $ 7!'-O
ALL fiNAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. FEE 0 CASH 0
THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE Of OCCUPANCY HAS BEEN ISSUED. 0 BUILDING DEPARTMENT
PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY LAWS GOVERNING SAME. ~~ \ \~5-7D
SIGNATURE / (7;tJ
OF , fi;~.f~~ A':ROVAL BY ~
APPLICANT: DATE
THIS FORM IS A PERMIT ONLY DATE PERMIT NO. LICENSE II RECEIPTS CLASS AMOU NT
WHEN VALIDATED HERE ) '0 )j};j
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PEN
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February 6, 1973
Mr. John Dukes, Chairman
Aspen Board of Adjustment
P.O. Box 971
Aspen, Colorado 81611
Dear John:
As you will recall, on December 7, 1972 the Board of Adjust-
ment denied the application of Hans Cantrup for a variance to
permit a trash storage structure to have no front yard setback,
on the grounds that "no hardship has been established." Under
Section 2-21 of the Aspen Municipal Code, the Board of Adjustment
may grant variances on the basis of unnecessary hardships or
practical difficulties. At the request of Mr. cantrup's aTrorney,
I've looked into the present state of the law on this subject, and
concluded that where both of the aforesaid standards are available
to a variance board, the general rule is that "use" variances are
to be determined on the basis of the "hardship" standard, ie. that
the land cannot yield a reasonable return if used only in accordance
with the use restrictions contained in the zoning code, and that
"non-use" or "area" variances (to build a structure for a permitted
use in a manner other than that prescribed by the zoning code) are
to be considered on the basis of the "practical difficulty" standard.
In light of this judicial distinction, I feel that it would be
appropriate for the Board to consider reopening the Cantrup hearing
in order to reevaluate his application on the basis of whether
"practical difficulties" can be shown to exist. Whatever the actual
decision on rehearing, application of the proper standard will render
the Board's decision considerably less vulnerable should such decision
be challenged in the courts.
Frankly, as yet I've been unable to find a workable definition
of the term "practical difficulties'! The cases and commentary that
I've run across seem to indicate that while these standards ought to
be ap~lied in different situations, some of the same principles are
used 1n determining how they should be applied. For example, where
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Mr. John Dukes
February 6, 1973
Page Two
the subject property has no features which make it unique from
other properties similarly situated, or where the particular
problem for which a variance is sought has been self-inflicted
by the applicant, the courts appear to feel a variance board is
justified in concluding that neither "unnecessary hardships" nor
"practical difficulties" have been shown to exist.
I'll be happy to discuss this matter further with you or the
Board at any time.
very truly yours,
Arth~~.t'
Attorney
ACD:mm
cc: Bruce Kistler, Esq.
Mayor Eve Homeyer
Mr. Clayton Meyring
Mr. Russ Campbell
Mr. Herb Bartel
1
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GEORGE J. GAME
25 Yrs. Real Estate Experience
5009 EXCELSIOR BLVD.
MINNEAPOLIS, MINN, 55416
PHONE: 927-5697
December 4, 1972
City of Aspen
Box B
Aspen, Colorado 816ll
Re: Notice of Publication 72-26 before the City of
Aspen Board of Adjustment
Gentlemen:
I ask that this meeting be delayed, as I did not receive the notice until
December 4, 1972, and it does not give me enough time to look into the
matter, nor from the attached propeeed exception can I possibly tell what
the exception is all about and whether it is justified or not. I will be
in Aspen Decelliler 8-26, and will look into the matter and advise you of
rrIIf feelings.
I would suggest in the future in public hearings of this type where out
of town people are involved, that you give ch greater lead time.
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