HomeMy WebLinkAboutlanduse case.boa.Anthony Acres.024-72
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NOTICE OF PUBLIC HEARING
Case No. 72 - 24
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 Offi~ia1 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 Jetter, 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: November 2, 1972
Time: 3:00 p.m. City Council Chambers, City Hall
Name and Address of Applicant for Variance:
Name: Fred Hibberd
Address: 1127 Race Street, Denver, Colo., 80206
Location or description of property:
Location: Anthony Acres Subdivision
Description: The east half of Lot 14
Variance requested:
Application for building permits to build 16 one-family dwellings.
The proposed one family dwellings wU1 be approximately 60 to 120 feet
above the street reference point and therefore the bu1dings would be
considered 60 to 120 feet high. The maximum permitted height for principal
DI~Hin of Variance: (Please cross out one) buildings is 28 feet.
~
Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY
by KLD
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APPEAL TO BOARD OF ZONING ADJUSTMENT
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CITY OF ASPEN
Date /oh6'h~
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Case No.
7,? -;l. V
'Appellant 7/-"nI k6)a'/
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Address //,;2 7 )Pac.- S/. ~n~w" ~.;2C (;;
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Owner?:-n/ ~6,6"./"c/
Address
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Location of Property
c. c.......s S u,7 -0.:'/<,
& Lot No. g~
C&h
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:
7hr O().Ji'"J,- ~1't...l""<J~$' V~ NPCoGS\SGi-Y A~i9~/ 6or,.u'*'c.....,} ,~ (;)r-~#-~
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~n It:" 06~"~ ~5c'... ..t.~/ 'po"c".../'I'7 _ Coc -: 4w<,/~-/ Cur'// ou/'7
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7'-e (ftJ,.)e/l/h,,-:::" .:;t;c- /r?/...A. ~4ind /,rc/,C0-~~ 5~r c..........~JI'I"~..;/,'c.'~ ~/w~~&..'--
(ji,r..""I"" 8"'/0 o,wd ;2/"-0'<0//0'<. li'o g>OSigned .~ ~_
, Appe ant ~.
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 BUILDING PERMITS TO BUILl
16 ONE-FAMILY DWELLINGS. THE PROPOSED ONE FAMILY DWELLINGS WILL BE APPROXIMATE-
LY 60 TO 120 FEET ABOVE THE STREET REFERENCE POINT AND THEREFORE THE BUILDINGS
WOULD BE CONSIDERED 60 to 120 FEET HIGH. THE MAXIMUM PERMITTED HEIGHT FOR
PRINCIPAL BUILDING IS 28 FEET -SEC 24_~~).~ ~.
CHIEF BUILDING INSPECTOR ~~~~ _____.______ -----C7
Status S~gne J
Permit rejected date Decision Date
Application filed
Date of Hearing
Mailed
Secretary
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November 8, 1972
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Mr. WiZZard CZapper
Fire Chief
Aspen VoZunteer Fire Department
Aspen, CoZorado 81611
Dear ';t'i Z Zard:
In revie~ of our discussion Zast Monday, I ~ouZd Zike
to set forth the foZZo~ing conditions regarding fire access to
the east haZf of Lot 14, Anthony Acres Subdivision.
I fuZZy understand that this pZan to buiZd on this
property ~iZZ not receive your endorsement, ho~ever, in an effort
to arrive at a compromise soZution to the probZem reZating ~o a
steep site, I wiZZ make every effort to create as safe a buiZding
pZan as possibZe.
In going over the pZot pZan Zast Monday, ~e arrived at
severaZ conditions ~hich are as foZZo~s:
1. By separating the individual units by at least 15
feet, the potentiaZ Zoss has been drasticaZZy reduced in com?arison
~ith Zarger condominium structures.
2. The construction of the units ~iZZ consist of masonry
on the exterior, concrete and heavy timber on the interior for the
floors, cei Zings and roofs, and one hour fire ~a Z Zs for the in terim'
partitions. Each bedroom wiZZ have an exit direct from the room to
grade ZeveZ. The upstairs Ziving room ~iZZ aZso have access direct
to grade Zeve Z.
J. Access ~iZZ be provided at the Zo~er leveZ of each
unit and also at the upper ZeveZ of each unit.
4. Within the units noncombustibZe fabrics on couches
and chairs and for drapes ~iZZ be a requirement in the purchase
con tract.
5. A stand pipe system ~iZZ be provided according to the
attached pZan.
6. As part of the stand pipe system, fire hose cabinets
wiZZ be provided and wiZZ incZude 200 feet of hose with nozzZes
along with a forceabZe entry bar.
1127 H^C~ STREET. OCNVEn. COLOf1^DO 80206 II TELEPHONE (303) 355-6400
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. CO' \';'>-"'i 'CTION
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Mr. Willard Clapper
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November 8, 1878
7. On each floor, visably displayed, a dry chemical
ABC fire extinguisher not less than 5 lbs. will be installed.
8. On the east side of the property half way between
the north and south property lines, a fire hydrant will be
provided.
If you have any further additions, I would be happy
to include these along with the above in the building plans.
Very truly yours,
FH/cjl
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Fred Hibberd, Jr.
1127 RACE STREET. DENVER, COLORADO 80206 . TElEPHONE (303) 355,6400
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. .HIBBERD
...CONSTRUCTION
. .COMPANY
Mr. Herb Bartel
City of Aspen Planning & Zoning
Aspen, Colorado 81611
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14, 1972
Dear Herb,
At the request of the Board of Adjustment, I presented
to you my plans for building on Lot 14, Anthony Aares. This will
inalude 16 individual family units, not to exaeed 18 feet in
heighth above grade. Items that were partiaularly important to
you and the Planning Commission will be made a part of the build-
ing plan. These are:
1, Minimal exaavation with respeat to eaah building
site in order to preserve all trees and shrubs, with the exaep-
tion of the exaavated hole only.
2. Sinae only three or four units will be built eaah
year, it will be possible to exaavate in advanae for additional
units and begin replanting any disturbed vegetation. with this
in mind, it will be possible to have approximately 50% sareening
thru the use of trees and vegetation in front of eaah dwelling
unit. This along with roofs that will parallel the slope should
aonaeal the buildings and provide a gradual phasing from high
density to low density.
3. This building plan will aonform to the proposed
green line at elevation 8,040.
After your review of the above, it is my understanding
that this property should be aonsidered for a heights varianae
by the Board of Adjustment provided, however, that if the vari-
anae is granted, the Planning Offiae and the Planning commission
shall review and give final endorsement prior to the issuanae
of a building permit.
In addition, as noted on the plot plan, there is a trail
that goes through the aenter of Lot 14, Anthony Aares, aalled the
old Road Bed. This trail is used in the summertime as a walking
path and in the wintertime as a ski trail for aaaess to the bottom
of Little Nel. As part of the building plan, I will dediaate this
trail to the City of Aspen for use by the publia.
1127 RACE STREET. DENVER, COLORADO 80206 . TELEPHONE (303) 355.6400
..
. .HIBBERD
...CONSTRUCTION
. .COMPANY
Mr. Herb Barte~
-2-
November 14, 1972
The Board of Adjustment has tab~ed the
reconvene in Executive session on December 7th.
schedu~ed at 3 o'c~ock. In the event they have
wou~d it be possib~e for you to attend? I wi~~
you on this.
request and will
The hearing is
any questions,
be in touch with
If you have any further questions or comments regarding
this request for variance, I wi~~ be happy to discuss these with
you.
Very tru~y yours,
Fred Hibberd, Jr.
FH/cj~
Enc~osure
1127 RACE STREET. DENVER, COLORADO 80206 . TELEPHONE (303) 355.6400
. .HIBBERD
...CONSTRUCTION
. .COMPANY
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November 8. 1972
Aspen Board of Adjustment
a/o Mr. John Dukes. Chairman
City HaZZ
Aspen, CoZorado 81811
GentZemen:
In ans~er to your request for defined speaifias regarding
the request for heighth varianae for Case No. 72-24. I ~ouZd Zike
to make the foZZo~ing items part of the aonditions in granting the
varianae for the east haZf of Lot 14 Anthony Aares aaaording to the
attaahed pZat.
1. The projeat ~ould be limited to sixteen unattaahed
units of t~o stories eaah ~ith the top story of eaah unit, set baak
into the hiZZ and not more than 18 feet above grade.
2. With referenae to Lot 15, as deveZoper I ~iZZ agree
to Zimit aonstruation on this Lot to ~hatever is aZZo~ed aaaording
to the existing zoning Za~s for the City of Aspen.
3. Referenae has been made to aaaess bet~een Lot 15 and
Lot 14. OriginaZZy, a tram ~as saheduZed to be aonstruated bet~een
the A BuiZding of the Durant and the ne~ buiZding aonstruated on
Lot 15. At the request of the adjaaent Zando~ners and property
o~ners. this tram ~iZZ not be aonstruated. The main aaaess ~iZZ be
direated bet~een BuiZdings Band C at the site of the eZevator no~
provided for entranae to the east half of Lot 14. Any stair~ay aaaess
~iZZ be at the disaression of the Durant Condominium Assoaiation.
4. Parking ~iZZ be provided for the existing 29 Durant
units. the 4 or 5 units to be buiZt on Lot 15, and the 18 units to
be buiZt on the east haZf of Lot 14 in aaaordanae ~ith the attaahed
pZan.
Unless there are any further additions that aome up at
your Board of Adjustment CZosed Session Hearing. I think this
aovers aZZ of the items that ~ere of aonaern to the adjaaent
property hoZders.
FH/ajZ
Attaahment
Very truZy yours,
~?I~
Fred Hibberd, Jr.
1127 RACE STREET. DENVER, COLORADO 80206 . TELEPHONE (303) 355.6400
. .HIBBERD
...CONSTRUCTION
. .COMPANY
November 8, 1972
Aspen Board of Adjustment
c/o Mr. John Dukes, Chairman
City Han
Aspen, Colorado 81611
Gentlemen:
In answer to your request for defined specifics regarding
the request for heighth variance for Case No. 72-24, I would like
to make the following items part of the conditions in granting the
variance for the east half of Lot 14 Anthony Acres according to the
attached plat.
1. The project would be limited to sixteen unattached
units of two stories each with the top story of each unit set back
into the hill and not more than 18 feet above grade.
2. With reference to Lot 15, as developer I will agree
to limit construction on this Lot to whatever is allowed according
to the existing zoning laws for the City of Aspen.
J. Reference has been made to access between Lot 15 and
Lot 14. Originally, a tram was scheduled to be constructed between
the A Building of the Durant and the new building constructed on
Lot 15. At the request of the adjacent landowners and property
owners, this tram will not be constructed. The main access will be
directed between Buildings Band C at the site of the elevator now
provided for entrance to the east half of Lot 14. Any stairway access
will be at the discression of the Durant Condominium Association.
4. Parking will be provided for the existing 29 Durant
units, the 4 or 5 units to be buiZt on Lot 15, and the 16 units to
be built on the east half of Lot 14 in accordance with the attached
plan.
Unless there are any further additions that come up at
your Board of Adjustment Closed Session Hearing, I think this
covers all of the items that were of concern to th~ adjacent
property holders.
Very truly yours,
?~A'--LL/
Fred Hibberd, Jr.
FH/cjl
Attachment
1127 RACE STREET. DENVER, COLORADO 80206 . TELEPHONE (303) 355.6400
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November 8. 1972
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Mr. Herb BarteZ~
City of Aspen PZanning & Zoning
Aspen. CoZorado 81611
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Dear Herb.
At the request of the Board of Adjustment. I presented
to you Zast Monday the pZan for buiZding on Lot 14. Anthony Acres.
whiah wiZZ inaZude 16 individuaZ famiZy units not to exaeed 18
feet in heighth above grade: After your review. it is my under-
standing that this property shouZd be aonsidered for a heighth
varianae by the Board of Adjustment provided. ho~ever~ that ~f
the varianae is granted. the pZanning offiae~~haZ1wr~Viiw-ana 'c~
give finaZ endorsement prior to the issuanae of a buiZding permit.
In addition. as noted on the pZot pZan. there is a traiZ
that goes thru the aenter of Lot 14. Anthony Aares. aaZZed the OZd
Road Bed. This traiZ is used in the summertime as a waZking path
and in the wintertime as a ski traiZ for aaaess to the bottom of
LittZe NeZ. As part of the buiZding pZan. I wiZZ dediaate this
traiZ to the City of Aspen for use by the pubZia.
If you have any further questions or aomments regarding
this request for varianae. I wiZZ be happy to disauss these with
you.
.
Very truZy yours.
7~ptJ
Fred Hibberd. Jr.
FHlajZ
1127 RACE STREET. QENVER. COLORADO eQ206 . TELEPHONE (303) 355.6400
,-
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Oatober 30, 1972
RE: Lot 15, Anthony Aares
Proposed Building
Lot 14, Anthony Aares
East Half
Proposed Building
In an effort to arrive at a satisfaatory solution
to the view problems in aonstruation of a building on Lot
15, I would like to have the adjaaent landowners aonsider
the fo Howing:
The varianae request for a building exaeeding the
allowable height requirement by 18 feet was withdrawn last
Thursday at the hearing of the Board of Adjustment. There
will be no further requests for varianae on Lot 15. Any
bui lding that takes p laae on Lot 15 wi H aonform to the
Aspen Zoning Code, partiaularly Seation 24-9(e) Height Pro-
visions. A aopy of this ordinanae is attaahed.
On Lot 14, Anthony Aares Subdivision, there is
approximately 54,000 sq. ft. of ground on whiah 36 unlimited
units would be allowed under the existing zoning aode. I am
proposing to build 16 separate units as shown on the enclosed
plot plan, which is slightly more than 40% of what aould be
built on this property. I feel that this isa fair solution
to the overall density, and in partiaular, sinae the buildings
will be single family dwelling units, there will be no view
obstruations beaause their heighth will not exaeed 20 feet
above the ground.
The aurrent Aspen Code for heighth allows for a
building to be built approximately 28 feet above the street
that the property fronts are on. The Code also provides for
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a Board of Adjustment to grant a variance in cases where the land
exceeds a 10% grade and otherwise would not be able to be built
on. These 16 units will require a variance based on the plan.
I sincerely hope this will be a satisfactory solution
to all those persons concerned with heighth and view obstructions
and I am requesting your support for this modified plan.
Very truly yours,
Fred Hibberd, Jr.
FH/cjl
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G 0 P Y - CONFIRMATION
./ DOMESTIC SERVICE
Cheek the class of servit"e desired;
otherwi~ this message will ~
senrasa fast telegnm
TELEGRAM
DAY LETTER
'NIGHT LETTER ,
: WESTERN UNION
INTERNATIONAL $ERVlCE
Check the class of service dnlred;
(ltncrWlSc message ",.11 be
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SHOR[.S'"I\P
NO. WDS..CL. OF SVC. PO. OR COLL.
CASH NO.
CHARGE TO THE ACCOUNT OF
TIME FilED
NlTE LET ER
AMERICAN BUFF INTERNA TIONA
Scad the lollowin, mwaae, Jubje.cr to the terms on back hereof. whieh lU'C ~ qned ,.
October 31, 1972
4: 30 PM
City of Aspen Board of Adjustment
City Council Chambers, City Hall
Aspen, Colorado
JUST RECEIVED YOUR NOTICE OF CASE NO. 72-24. TIME DOES NOT
PERMIT EXTENSIVE CORRESPONDENCE. OBJECT MOST EMPHATICALLY
TO lHll''''''X HEIGHT VARIANCE REQUESTED ON PROPOSED CONDOMINIUM
AT 712 SOUTH GALENA STREET.
CONSTRUCTION WOULD CONSTITUTE NUISANCE TO ALL EXISTING STRUCTURES
ABOVE IT. I NOT ONLY OBJECT EMPHATICALLY TO THE STRUCTURE, I
OBJECT JUST AS EMPHATICALLY TO ANYTHING FRED HIBBERD MIGHT BE
INVOLVED IN. I'VE DONE BUSINESS WITH HIM BEFORE. I OWN A 5-BEDROOM
CONDOMINIUM IN THE DURANT.
LEONARD B. SAX
WU1206(R2.65)
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~~ ATTENTION MR JOH~ JUKES, CHAIRMAN
~~ ,PLEASE BE AOVISEJ OtOUR OBJECTIONS TO MR H18BERO'S REQUEST
w~ iFOR A ZONING VARIANCE LOT 14 ANTHONY ACRES SUBDIVISION CASE NUMBER
~ '72-24
~ I. POPULATION )E~SITY IS TOO GREAT IN THIS AREA NOW
, 2. PARKING IS AT ?RESENT NOT ADEQUATE DURING PERIOD OF FULL
I OCCUPANCY OF BOTH tHE DURANT AND FIFTH nViNUE
Z I 3. A DANGEROUS SITUATION NOW EXISTS BEHIND THE DURANT WHERE THE OLD
o : MI"E ROAD 13 SLIDli,G I"TO 1.:.0 3UILJU,G dECAUS": Or I,JADEQUATE
~~ 'I TREAT~E"T 0Y T,IE BUILDERS ~O~ A~~I~G FOR A VAnI~~CE
Z< Li. FIGHT POLLUTIO" - IT3 UPOSSbL;:: TO SEE i'lUCH OF TflE
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RESPECTFULLY SUa~ITTLJ
PATRICIA A ~ATKI~S
TIi~E BiCAUSE OF OVER BUILDHG IN THIS AREA
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tg~8~~~~g?~I;~t3B73A3. lPD 11/02/72 1113
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(' ITY-' OF ADJUSPk,H CARE CHAIRVA\i JOCJ" DUK"'S
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ASPEN COLO 51611
AS Ai; OW,JER OF A THIRD STORY APAiH'-'- . _.. ,
I W.OUL....D LIKE TO EXPRE('~ "Y '~U ' 'IC,>! hL:I,y THE JURANT CQ[>'DO!"I"U'1'
I - ~I . '"'' I, r LL SUPPORT r-OR TI' - p" ';, ,. I',,,
,b, .J..',GU: DI.v~LLINGS OlJ THE E.'lST H _ ,- , " ,1"- ~OI'OSii:D PROJECT OF
JlJbIO" ASPEr; COLORADO C/1SE #7,_~Lt Ur LO! ! 14A,\THOlvY ACRE.!S SU3-
GAriJ~Y WEJEf~ ~ G4
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JAMES p, SCHADT
US TURKEY HILL CIRCLE
WESTPORT, CONNECTICUT oeeeo
203-2l!5Q_15!549
November 13, 1972
Aspen Planning & Zoning Commission
Board of Adjustment
Box Z
Aspen, Colorado 81611
Att: Mr. John Dukes and Associated Committeemen
Gentlemen:
In response to Mr. Fred Hibberd, Jr.'s proposal
for the use of Lots 14 and 15, I am writing as an
owner of one of the Durant units (3D); and while
I am in general agreement with Mr. Ulrich's letter
to you of November 1. I have a specific concern
about parking spaces.
The Durant has only adequate parking spaces avail-
able presently and none of the plans or applications
I have seen have specifically set forth a diagram
or any other specific provision for parking spaces
which would be adequate for the additional number
of dwellings which Mr. Hibberd proposes. particularly,
with regard to the 16 units on Lot 14, parking spaces
must be provided in front of the Durant units where
there presently is not enough room.
It is requested that Mr. Hibberd make specific pro-
vision for his parking known to us and. that in any
approval which you might make to his application,
it is suggested that you also require an escrow
account for the establishment of adequate parking
facilities for all of the units which would ultimately
be built on Lots 14 and 15.
-2-
The only other concern I have is that most of
the land on Lot 14, to my knowledge, exceeds a
10% grade which does require a variance and I
would be interested in what justification for
building on such a steep grade would be accept-
able to you in granting such a variance.
Again, we are generally happy with Mr. Hibberd's
proposal and in agreement with Mr. Ulrich's
letter stating as much, but I am concerned
about both the provision Mr. Hibberd makes for
parking spaces and the basis upon which you
could grant a variance for building on a steep
grade which characterizes Lot 14.
JPS /vc
11/13/72
Respectfully,
~ p,gdbf-
James P. Schadt
Owner Durant 3D
cc: Mr. Paul Fisher
Mr. Philip Moore
Mr. Larry Ulrich
,'1Gi'lDVRA DVR
1-032787A305002 IO/31/7~
ICS IPMTBXF MTWN
03477 MGM TDMI ROCHESTER
ZIP 81611
NY 107 10-31 I~~ Ma.-Igram
western union II
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DON DUKES CHAIRMAN
BD OF ADJUSTMENTS
CITY HALL dOX Z
ASPEN COLO 81611
REFERENCE CASE NUMBER 72-24 1 AM THE OWNER OF APARTMENT 102A LOCATED
IN THE DURANT. I STRONGLY OPPOSE ANY CHANGE IN VARIANCE FROM 28 FEET
TO THE REQUESTED 60 TO 120 FEET ON THE LAND ADJACENT TO MY APARTMENT.
I BELIEVE THE PRECEDENT ESTABLISHED BY GRANTING NEW BUILDING HEIGHTS
IS DEFINITELY NOT IN THE BEST LONG RANGE INTEREST OF THE CITY of ASPE
N.
APPROVAL WOULD OPEN A PANDORAS. aox FOR SIMILAR REQUEST FROMOTHER
DEVELOPERS 1 URGE you TO DENY THIS REQUEST FOR CHANGE IN VARIANCE
IRVING GERMANOW OWNER 102A THE DURANT ASPEN COLO
1546 EST
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INCORPORATED
HOME OFFICE & WAREHOUSE,
1907 CLEVELAND - GRANITE CITY, ILL, 62040 - PHONE, GL. 2-3134
BUYING HOURS, 9 10 12 Doily
BELLEMORE VILLAGE
SHOPPING CENTER
EASTGATE PLAZA
SHOPPING CENTER
CAHOKIA PLAZA
SHOPPING CENTER
GRANITE CITY
MADISON
WOOD RIVER
October 31, 1972
Mr. John Dukes, Chairman
The City of Aspen Board of Adjustment
Aspen, Colorado 81611
Dear Mr. Dukes:
In regards to Mr. Hibberd's application for vari-
ance, I believe that it should be denied. The area is
already overbuilt and the addition of sixteen units
would cause additional traffic and parking congestion.
The parking facilities are already inadequate for the
Durant and Fifth Avenue.
It is also my opinion that the sixteen units scat-
tered behind the Durant would cause a fire hazard, as it
would be impossible to fight a fire on the slope in the
trees.
Sincerely yours,
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C-;~/0~
aim W. Reese
Director, Durant CondominLum
Association
JWR:ps
MONTICELLO PLAZA
SHOPPING CENTER
O'FALLON PLAZA
SHOPPING CENTER
Q'FALLON, MO.
>. "
EXCEPTIONAL ACCOMMOOATIONS
.' AT THE FO_01F ;~PEN MTN
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,
CONOOMINIUM
APARTMENTS
29 November, 1972
The City of Aspen Board of Adjustment
City Hall
Aspen, Colorado 81611
Rei Case No. 72-24
Fred Hibberd
Gentlemen,
As President of The Durant Condominium Association, represent-
ing the owners of 29 units constructed on a portion of Lot 14,
Anthony Acres Subdivision, I have been instructed to respect-
fully request that the following items be considered by the
Board in its deliberations on Case No. 72-24. Should the Board
decide to grant the requested variance, we would strongly urge
that the items listed be imposed as conditions on the grant of
the variance so as to bind both the present and/or any future
owner/developer of Lot 14.
1. Densitv - A maximum of 16 additional dwelling units may
be constructed on the balance of the unimproved portion
of Lot 14 thereby constituting a total of 45 dwelling
units on all of Lot 14. The 16 additional units shall
be free-standing, single family units and shall be sited
substantially in conformance with the condominium survey
and site plan submitted by the Applicant. Any significant
deviation therefrom shall be approved by the Board follow-
ing notification ot the surrounding property owners.
2. Soil Erosion and Storm Drainage - Prior to any construction,
including excavation, the owner/deve'loper shall submit a
detailed siltation and water retention plan. Such plan
shall be subject to the review and prior approval of a
registered civil engineer selected by the Durant Condominium
Association. The plan shall provide for on-site silt re-
tention during construction as well as storm drainage con-
trol following completion of any and all improvements.
Storm water run-off onto adjoining properties shall not
exceed the quantity of run-off from the subject property
in its present unimproved state. All storm drainage linea
for the entire proposed addition shall be installed prior
to the start of any construction and shall not run across,
BOX 2108
ASPEN, COLORADO 81611 (303) 925.7910
'"
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Page - 2 - Case No. 72-24, Fred Hibberd
through or over any part of the presently improved portion
of Lot 14.
3.
Protection of Adioining Slopes - Prior to the start of
any construction, including excavation, the owner/developer
shall submit a detailed slope protection and control plan.
Such plan shall be subject to the review and prior approval
of a registered civil engineer selected by the Durant Cond-
minium Association. The plan shall provide for the proper
construction, and repair if necessary, of all existing
slope control measures presently installed on Lot 14 as
well as future control measures. Such devices shall be
installed in accordance with a schedule provided by the
Durant engineer and in strict conformance with the speci-
fied standards of construction and quality of materials.
4. Protection of Existing Ski Trail - The existing ski trail
j ...,.~ running across the unimproved portion of Lot 14 shall be
~l\ brought up to acceptable safety standards as soon as pos-
\;~t~ ' sible, protecteall during the period of construction and
~,~~ thereafter provided and maintained for the use and benefit
),1 of the owner/occupants of all of the dwelling units con-
, structed on Lot 14 in its entirety.
Utili~y Lines - All utility lines required to service
any portion of the proposed construction on the balance of
Lot 14 shall be installed underground prior to or during
construction and shall not cross over, under or through
any portion of the area of Lot 14 established for th3
existing condominium development (Durant Buildings A, B,
C, and D). This shall also include any lines required
for the fire protection of the proposed development.
6. Parking - Sufficient off-street parking for existing and
proposed dwelling units on Lot 14 shall be maintained at
all times, including during construction of the proposed
additional units. Such parking areas shall comply with
established municipal requirements and shall not be used
for the storage of construction materials. At such time
~~as four (4) or more dwelling units are constructed on
.'11 both Lots 14 and 15, over and above those already, .existing,
parking facilities capable of meeting legal off-street
. parking requirements for the completed construction of
Lots 14 and 15 in their entirety (50 units) shall be con-
structed. All underground parking facilities shall not
exceed existing street grade adjacent to such facilities
and the total parking area shall be completed and paved
prior to the construction of the said four (4) or more
additional dwelling units.
7. Setbacks - Any improvements constructed on Lot 14 shall
be set back from the front street line so that the front
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Page - 3 - Case No. 72-24. Fred Hibberd
wall thereof does not exceed the front building line of
the immediately adjoining structure on Lot 14 (Building
A - Durant Condominium). The front building line of
said aui1ding A shall be considered to be the chimney line
closest to South Galena Street.
8. Trees and Shrubs - Wherever possible, existing trees on
Lot 14 shall be preserved. A suitable planting schedule
in connection with the proposed new construction on Lot
14 shall be prepared and reviewed with the Durant Condo-
minium Association.
Your concern for the interests of the surrounding property owners
is greatly appreciated. The members of the Durant Condominium
Association are cognizant of the property rights of others and
feel that the balance of Lot 14 could be suitably developed
provided adequate safeguards are imposed.
We will be happy to furnish you with any additional information
regarding our position on the matter. In the event it has not
been done, a site visit by The Board will clearly illustrate our
concerns - particularly with regard to the problems of soil
erosion, storm drainage and slope protection.
Respectfully submitted,
DURANT CONDOMINIUM ASSOCIATION
--.0 'y ~ ~
BYI f<--tv-v./ I~
Phillip R. oore,
c/r-/f ./'> ~<
President
CCI Fred Hibberd
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BELLEMORE VILLAGE
SHOPPING CENTER
EASTGATE PLAZA
SHOPPING CENTER
1907 CLEVELAND - GRANITE CITY, ILL, 62040 - PHONE, GL. 2-3134
BUYING HOURS, 9 to 12 Daily
CAHOKIA PLAZA
SHOPPING CENTER
GRANITE CITY
MADISON
WOOD RIVER
MONTICELLO PLAZA
SHOPPING CENTER
O'FALLON PLAZA
SHOPPING CENTER
O'FALLON, MO.
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EXCEPTIONAL ACCOMMODATIONS
\ AT THE FOOT OF ASPEN MTN.
CONDOMINIUM
APARTMENTS
November 9, 1972
Mr. J obn Dukes
P.O. Box 971
Aspen, Colorado
Dear Mr. Dukes:
The Board of Managers of the Durant Condominum Association
formally requests a delay in the hearing of the Fred Hibberd
application for a variance to the East 1/2 of Lot 14, Anthony
Acres to December 7, 1972.
The reason for this request is to give the Durant ovmers an
opportunity to review the application at a meeting we have
scheduled for November 25, 1972. As a result of this meeting
we hope to negotiate with Mr. Hibbard a development on his
property which is satisfactory to the Druant ovmers.
It is impractical for us to change our ovmer meeting to an
earlier date as most of those who will be in attendance live in
distant locations. It would seem that this delay would pose
no undue hardship on Mr. Hibbard in that winter is upon us.
Sincerely,
'f2~ R 01( ~ Cd. Q
Philip R. Moore
President
Durant Condominum Assn.
BOX 2108
ASPEN, COLORADO 81611 1303) 925.7910
November 1, 1972
Aspen Planning and 20ning Commission
Board of Adjustment
Box 2
Aspen, Colorado 81611
Attention: Mr. John Dukes and Associated Committeemen
Gentlemen:
Thank you for the opportlDlity to present some of the views of property owners surrolDld-
ing the site of the proposed Hibberd zoning height variance request last week.
At your suggestion, we subsequently met with Mr. Hibberd who has agreed to withdraw
the height variance request in view of the many objections, and considerable esthetic
and economic hardship it would cause to the property owners on the three sides ad-
joining the proposed construction site.
Mr. Hibberd then presented an overall development plan for the entire property
(including the hillside above the Durant Apartments) and he has agreed to the following;
1) To build an apartment structure on Lot 15 (the site for which the zoning height
variance was requested), in conformity with the 28-foot height limitation, i.e. it
would be approximately the height of the present "Coquille" structure located on that
property, and would include adequate parking for the apartment itself as well as the
required spaces for the Durant lDlitS. The apartment would be developed in a manner
which would preserve as many trees as possible, and the proposed tramway on this site,
from Galena Street to the Old Mining Road above the Durant, would be eliminated.
2) Mr. Hibberd has agreed to limit the development of the area above the present
Durant Buildings, which he owns, to approximately 16 private residences, of no more than
two-story height, in lieu of his earlier plan to develop this area with several large
apartment houses similar to the Durant. We concur wholeheartedly with Mr. Hibberd's
willingness to abandon his earlier plan to build Durant-type apartments and substitute
a few, small, lDlobtrusive, private residences on this property, to be built over a
span of several years.
It is the opinion of the lDldersigned, speaking in behalf of ourselves, Mrs. Billie
Howell, and several other adjoining property owners with whom we have discussed Mr.
Hibberd's new proposal, that his proposed revised plan as outlined above would be a
credit to the entire area. If Mr. Hibberd maintains the excellent quality of construc-
tion and design which he established at the Durant, a low density, well designed,
quality residential area would constitute, in our opinion, the best possible use of
the land which Mr. Hibberd owns above the old road on the hillside behind the present
Durant Buildings. We accordingly endorse his proposal fully, provided the plan is
adhered to as set forth by Mr. Hibberd to us and as outlined herein.
p:;J034
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506 DENVER CENTER BUILDING
j
GEORGE G. ANDERMAN
1776 LINCOLN STREET
DENVER, COLORADO 80203
TELEPHONE (303) 222-7924
October 31, 1972
Aspen Board of Adjustment
City Hall
Aspen, Colorado
Attention: Mr, John Deikes
Chairman
Gentlemen:
We approve Fred Hibberd's proposed variance as it affects the
E/2 of Lot 14, Anthony Acres Subdivision,
As we understand this request, he is asking height variance
in order to build sixteen separate condominium dwellings not more than
two stories high or 18 feet above ground level, We understand these
buildings will be approximately 1500 square feet, or less, in total
size.
Should his request vary in any respect from our understanding
of it, as outlined above, we would like to be so informed and be given
time to reconsider.
Very truly yours,
(7 -p t, ,4--&.
George G, Anderman
GGA:m1
cc: Mr, & Mrs, Stirling A. Colgate
1201 Olive Lane
Socorro, New Mexico 87801
Mr, Maxwell A1ey
p, O. Box 600
Aspen, Colorado
Mr, Fred Hibberd
1127 Race Street
Denver, Colorado 80206
~MANO -SIMON MAC INE CO., INC.
ASSOCIATE COMPANIES
Manufacturers of G-S FlEXO Crystal Fitting Machines.
Crystols for Watches, Clocks, Gauges, Instruments
ASSOCIATE COMPANIES
TEl.TRU MANUFACTURING CO. . ROCHESTER, N. Y.
INDUSTRIAL AND HOUSEHOLD THERMOMETERS.
CUTlERY, KITCHEN AND BAil-liE-QUE TOOLS
~
CAST OPTICS CORP. . HACKENSACK, N. J.
RIGID ACRYLIC PLASTIC SHEEtS
fOR SIGNS, AIRCRAfT BOAlS, INDUSTRY
HARVEY MANUfACTURING CO. . tONG ISLAND CITY, N. Y.
BUTTERflY OlE flUNG MACHINES AND SURFACE GRINDERS fOR
MACHINE. TOOL AND DIE SHOPS. AND INDUSTRIAL PRODUCTION
ESTABLISHED 1916
HUB MACHINE CO. . ROCHESTER, N. Y.
PRECISION BAll BEARING WHEEL HUBS FOR
RACING SULKIES, FARM CARTS
p, 0, BOX 1091
408 ST. PAUL ST,. ROCHESTER, N, y, 14605 U.S,A.
MAIN OFFICE FOR ALL SUBSIDIARIES
(716) 232.1440
(/'
COPY OF TELEGRAM SENT TO YOU OCTOBER 31, 1972
Mr. John Dukes- Chairman
Board of Adjustments
City Ha11- Box Z
Aspen, Colo. 81611
Reference- Case 1/72-24
I am the owner of Apt. 102A located in The Durant.
I strongly oppose any change in variance from 28 ft. to
the requested 60 to 120 ft. on the land adjacent to my apartment.
I believe the precedent established by granting netv
Building heights is definitely not in the best long range interests
of the City of Aspen.
Approval would open a Pandoras' Box for similar requests
from other developers.
I urge you to deny this request for change in variance.
Irving C,ermanow-CMner
10n
The Durant
Aspen, Colo.
_ ___.__,_"_~--,-~~,,_.-<.,, .__.'..____^"'_.._H.____
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Medical Accounting Service
9513 EAST ARAPAHOE ROAD. ENGLEWOOD, COLORADO 80110
AREA CODE 303 PHONE 771_67:30
City of Aspen
Board of Adjustment
Aspen, Colorado 81611
Subject: Fred Hibbard request for variance on the east 1/2 of Lot 14,
Anthony Acres subdivision for 16 one family dwellings.
Dear Sirs:
I am totally opposed to Mr. Hibbards variance request. I am an owner
in the adjacent Durant condominium. My reasons are as follows.
1. Drastic reduction or complete elimination of open space. Development
of the mountainside will effect the entire city of Aspen as well as
Durant condominium owners. The beautiful mountainside, visible from
much of the city, is in danger of becoming an eye sore.
2. Congestion _ This part of Aspen is already fully or overly de-
veloped. Further development on the mountainside will add significantly
to this problem.
3. Parking _ One of the biggest broblems of all. There is not adequate
parking at the present time. Almost 1/2 of the Durants present parking
spaces are on city property. The only possible solution to this pro-
blem is a two level parking structure and even this would not provide
sufficient parking to meet the code unless the city of Aspen would
give Mr. Hibbard some of Galena Street.
4. Fire protection _ Development of the mountainside with no roads
would make adequate fire protection impossible. Not only would this
effect the proposed dwellings but would also seriously jeopardize
our property in case of fire.
5. Purpose of Zoning _ Zoning ordinances are an intrical part of Aspen
and vitally important to its controlled growth. I feel variances to
this zoning should not be granted when such a variance destroys the
very purpose of the ordinance. Aspens zoning is specifically designed
to stop this kind of development.
Thank you ~r your a;tention.
~~N~,
Sumner Downing \,~
202A Durant Condominium
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H, GREGORY AUSTIN
500 EQUITABLE BUILDING
DENVER, COLORADO 80202
October 31, 1972
The City of Aspen
Board of Adjustment
P. O. Box 694
Aspen, Colorado 81611
Objection to proposed zoning variance
Case No. 72-24
Hearing Date November 2, 1972
Property Description - E! Lot 14, Anthony Acres
Gentlemen:
I received in the mails on October 30, 1972, a Notice of Public
Hearing concerning the above referenced case.
I am the sole owner of Lot 5, Tipple Woods subdivision. While
I am not familiar with the plans for the buildings proposed on
the subject property, it seems that, unless revised, the proposed
variance would permit construction of structures which would
substantially impair the view from my property, would adversely
affect the character of the area, and would substantially and
adversely affect the value of my property,
Mr, Hibberd, the applicant, has represented to me and to other
owners of adjoining premises that the variance requested is to
permit the construction of 16 unattached units of two stories
each. However, the description of the proposed exception in the
application, to the effect that the owner wishes ", , , to build
16 condominium units as separate dwellings. . , ,", is not
sufficiently exact to limit the owner to building 16 separate,
unattached structures. Indeed, the use of the word "condominium"
implies that the units will be joined in some fashion. A forced
reading of the proposed language would permit a 120' high structure,
so long as the top story was set back into the hill and not more
than 18' above grade at some point. The description of the pro-
posed exception stating that "Each dwelling will vary from 14' to
18' above the sloping ground level. , , ." is not sufficiently
descriptive to define the point at which the ground level or the
height of the building is measured.
My objection to the proposed zoning variance will be withdrawn if
the language of the variance is sufficiently precise to provide
only that 16 separate, unattached structures containing a single
one-family unit each will be permitted, and that the highest point
on each structure will not exceed 18' in height above the average
The City of Aspen
October 31, 1972
Page Two
of the highest and lowest ground elevation of the site under-
lying the structure.
In light of the existing high density of development of the area
concerned, the desirability of maintaining an attractive setting
at the base of Aspen's primary skiing area, and other existing
problems, I can see no justification for granting of the variance
unless the language of it is revised to clarify the restrictions
within which the owner may build, Mr. Hibberd has had numerous
requests for variances before your board, and your board has been
generous in granting variances to Mr. Hibberd on other occasions,
I would urge that you give full consideration to the economic and
esthetic values of other property owners at this time.
HGA: j b
yours,
cc: Mr. Fred Hibberd
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J-31 442i-' CST
PMS CITY OF A~. ~
BOARD OF ADJUSTMENT DLR DONT PHONE
CITY COUNCIL CHAMBERS CITY HALL
ASP Ei', ,H ALL
ASPEN COLI)
JUST RECEIVED YOUR NOTICE OF CASE NUMBER 72-24
TIME DOES NOT PERMIT EXTENSIVE CORROSPONDENCE
I OBJECT MOST EMPHATICALLY TO HEIGHTS
VARIANCE REQUESTED ON PROPOSED CONDOMENUM
AT 712 S GALENA STREET CONSTRUCTION WOULD
CONSTITUTE NUISANCE TO ALL EXISTING STRUCTURES
ABOVE IT I NOT ONLY OBJECT EMPHATICALL? TO THE STRUCTURE I OBJECT
JUST AS EMPHATICALLY TO ANYTHING FRED SHIBBERD MIGHT BE
INVOLVED Ii, IVE DONE aUsr;;ESS \nTH HIM BBEFORE I OWN A FIVE
BEDROOM CONDOMENUMM IN DURANT
LEONARD 3 SAX
731AXXX 731P MST
W U ASPEN
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