HomeMy WebLinkAboutlanduse case.boa.6th & Hopkins Ave.020-71
APPEAL TO EOA~D OF ZONING ADJUSTtillNT
CHy of Aspen
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Location of prop2rty...J!fl(f~~ AI_ "1" lh.cc.~ C .or
(Street & NUffiber of Subdivision Block &
Case No.
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Lot No.
Building Eerfrit application and prints or any other pertinent
cata ffiUSt accoffipany this application, an0 will be w.a0e a part o~
Case Ffo.
The Boarj will return this application if it 002S not contain all
tb.e facts i.n Question.
Description or proposed e;,u2ption shmlinZi,. justification:
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--- :-t:6-[Ol.-'q2rc1 t~1is flpplicatiori-to the BoarCi of: Ac'justrl'ent c:nc1 reason,.L
for not granting pe;:n<it. ,~~p\\~~-\-iO"'- I '::.,...,-nQ\AQ.. ~('>-.- OL PIl."l'yf\I\
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NOTICE OF PUBLIC HEARING
Case No.
71-20
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~ial 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 Xl, 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: Thursday, October 21, 1971
Time: 4:00 P. M.
Name and Address of Applicant for Variance:
Name: John L. Hayes
Address: East Highway 82
Location or description of property:
j,,-f_e~", r~.j (. ~
Location: Hopkins at Sixth
Description: Block :iii , J,. L [] S"....+ l.. ~-:.-:
Variance requested: Application is made for a permit to use an 1887
Presidential railroad car for dining purposes. Restaurants and tea rooms
are permitted in the AR-l Zone provided all facilities for preparation
of food are located within a building on the lot. Food will be prepared
off the premises and transported to the railroad car.
Duration of Variance: (Please cross out one)
'K~~ilI't{Kt{}l:
Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY ~,p ~<HH/~~
Chairman . 7 v#.
MEMORANDUM
TO:
BOARD OF ZONING ADJUSTMENT
FROM:
PLANNING & ZONING COMMISSION
RE:
John Hayes Application
The following is an excerpt from the Planning and Zoning
Commission minutes of October 19, 1971:
-_.~
"Mr. James ayes was present to discuss with the Commission his
request befo the Board of Zoning Adjustment relating to utilization
of a Presidential Car as a restaurant on a temporary basis permit.
(See proposal made before the City Council on September 27, 1971)
Planning and Zoning Commission stated they had nothing negative if in
fact the Board of Zoning Adjustment approval was for a temporary use
permit as a restaurant."
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Lorraine Graves, Secretary
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ASflan
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.'..tLcnclant Parking
t110
Or '}-1J
~lilroad Car
...............y...........n_LUi..l..VO"";' l..LCuL;::>puLL.aLl.on.~ctrculatl{)1l !i" ',t"
will encourage the use of the highway (:'!I')'j., ." .
t"~nsportation as well as fc the USe ol lh..: :,,:
w. .ch will consider limiting <-he numr'er or "'II. . .
entering the City and which will cons:i.dee a IlV!. .'
highway alignments. " "
Mr. Tharp request wording be included that Hould j. .
the timing on this study. Board agreed to include I:
worJing consistent with the urgency of the proh]..:,. ".
Adams suggested that wording also be included indic"l "
this study being of top priority of the problems un.!..
consideration by the Planning and Zoning Commission.
Adams moved to adopt the resolution as amended and til,.
preamble. Seconded by Harland. Roll call vote - Goodl:..,':
Harland aye; Molny aye; Tharp aye; Adams aye. Motion C,"',
Attendant Parking - Mr. Meyring reported attendant parki::..
is unenforcable and while it appears in the law thc huild:
inspector's office has to allow attendant: parking. Have bt,
trying to discourage people on this.
Adams moved the Planning and Zoning Commission recommcnd t,)
the City Council, by resolution, elimInation of attendant
parking. Seconded by Tharp. Roll call vote - Adams aye;
Tharp aye; Harland aye; Goodhard aye; Molny aye. Motion
carried.
Railroad Car - Chairman Molny reported the Board of Zoning
Adjustment has requested comments of the Planning and
Zoning Commission relative to this request for use variance
to locate an 1887 Presidential Railroad Car on the lot
across from the Post Office. Applicant desires to use the
car as a museum, Located in the C-l zone.
Mr. Meyring stated the zoning ordinance does not state wher,
museums are permitted. At first the applicant mentioned he
would be using the car for living quarters or for a bus:Lncs,
Now desires to make it a museum. Car does have wheels.
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RECORD OF PROCEEDINGS
J' &'i;10/27/70
100 Ll',"".
Mr. Hal Clark, County Building Inspector, was present and
stated he had been contacted in that if City approval is
not given, the pomegrante Inn may be interested in locating
the car on their property and working it in with the
Pomegrante facilities.
Mr. Bartel informed the Board, if the variance is granted
and the car is located on this property in the C-l zone,
this would invite the applicant to do all the things which
are allowed in that zone.
Chairman Molny questioned if the variance could be granted
conditioned upon this remaining a museum. Mr. Bartel re-
ported the Board of Adjustment does not have the authority
to take away the uses by right that are allowed.
Mr. Tharp pointed out the car has no historical value as
far as Aspen's history is concerned. Also pointed out this
would set a precedent for additional items people felt
were of a historical nature.
Mr. Molny stated he felt this would be more of a curio
nature than of historical value.
Mr. Harland stated he could see this being situated on the
Historical Society land but no where else. Further stated
he could not see where a hardship in this case would be.
Chairman Molny request the Secretary send the above comments
to the Board of Zoning Adjustment.
Board discussed with the Building Inspector violations of
the zoning ordinance. Board request the Building In2pector
check out the floor area ration of the Slope Enterprises.
Harland moved to adjourn at 6:00 p.m., seconded by Tharp.
All in favor, meeting adjourned.
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Lorraine Graves, Secretary
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~~_~u~~_Meeting, Aspen City Council, 9/27/71
Fire Station
,Jludget Hearing
.~------
John Hayes Request
Railraad Car
Resolution 1fl9
Reading and
publication of
Ordinances
,.
Fire Station - City Manager Wurl request ratification of
Council's previous action. Councilman Markalunas moved to
direct the City Attorney to ura\-, up the lease baseu OIl
previous discussions. Seconded by CouncilIT~n Comcowich.
All in favor, motion carried.
Budget Hearing - Councilman Whitaker moved to schedule the
hearing on the budget for October l8th. Seconded by Councilman
Walls. All in favor, motion carried.
Mr. John Hayes was present and presented a proposal to Council
to situate an l887 Presidential railroad car on a temporary
basis on Mrs. Shaw's land at Ffth and Hopkins. Car would be
used for private dining of from 8 to lO people with one
seating a night. Mr. Hayes request Council give some guidance
to the building inspector as relates to this on a temporary
basis.
Council request the City Attorney review this with the
Building Inspector.
Resolution #19, Series of 1971 - Councilmen Griffin moved to
read same. Seconded by Councilman Walls. All in favor, motion
carried.
Resolution #l9 was read in full by the City Clerk as follows:
RESOLUTION NO. 19
Series of 1971
WHEREAS, the Charter for the City of Aspen, Colorado
establishes an alternate procedure for the reading and
publication of ordinances,
AND WHEREAS, it is in the best interest of the City to
establish a procedure for the reading and publication of
ordinances to allow for the reading of an ordinance by title
only, under certain conditions, and to provide for the publi~
cation of ordinances by title with the SUIT@ary of said ord-
inance and notice of public hearing.
NOW, THEREFORE BE IT RESOLVED:
1. That all ordinances shall be read by title only,
whether upon the first reading or final reading, provided
that copies of the ordinance are available to the council and
to the persons in attendance at the council meeting.
. 2. That all ordin~nces shall be published in full after
the first reading of said ordinance, and that all ordinances,
except ordinances amended after first reading, shall be pub-
lished by title after the final reading including a summary
of the subject matter of said ordinance and shall further cor
tain a notice to the public that copies of the proposed ord-