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HomeMy WebLinkAboutlanduse case.boa.6th & Hopkins Ave.020-71 APPEAL TO EOA~D OF ZONING ADJUSTtillNT CHy of Aspen Da te L!!/I'-P!_- APpellan~llA~_. "."N .... ....'4.05 O,mer fteae....."t .cHAw Address "~tc.. ..". Location of prop2rty...J!fl(f~~ AI_ "1" lh.cc.~ C .or (Street & NUffiber of Subdivision Block & Case No. Aclc~re ss 6. .H'w4..~~ -Gl1"i 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: "C,,",ca'r "1"0 '-L_C .we ."" "'.Q'I'P~t4t&. l'<<'V.T~ CAlli ON .p411c)pe,,'T'c.s .""''''... .., ...,'t-L I"'~ .....OOltc'r..., S.... w (p'T'?"C #I ~&~ "114 It M fll'" r&.a ~/., /? , C, 7'( C.OWNc I" ,.,..crllv64) ';t.': --P;ppenant I'ro\risionr-; of the zo".:tn[:; or(1inance rr:rlui J_ng tb.~ Buil(~ing In.... 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[J C o_;~ (' Bt: lng_~__"_. ____~_______ NC'lilc(' -~--~--_._~~-- ----- --- ---- -~~-.S(-Cr2tai:Y ,...,..-' 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." /~ /,/ j ~./ ~AI~ Lorraine Graves, Secretary '-~."~'" "." . ~- ~~L ~3 O~~.. .., A , . ~L_J-G,Q/ ~~ "";;;t--: CJ u-vvr. ~~ ~~V L L -- f(. · , ~~7 ~.~.. .,. " "~ ~ ;?/ ..~.tV . tu~(t, . . ~ //tJ/ ~"'.v p~ \ . ~8"~v . ?t::JO · ~ _~ ..~O a~~-'- . ~~- . ~ 1-(,'~ p~ ~~M ~ lp. 7~'" -~ Ir--'- ... -- -- - '. , " "1" - " Uo1I.~... II " " t IJ/ ); I " I: , , '''..>.'''....,.,..'''.,......,.,''''.....".-..,.".'' POST OfFICE DEPARTMENT C T1FICATE OLMAl!J.NSi-_== f1ix R . L___~::__.,'--~.~,-- - /' \ _~..J;$,'~-' _-=___-.::.;-1: ecelved From: ~- ':J i~ /---~~,,:t'-- .-..,- e:-~:_ _::0.:.-.. d C. 'Y'.o -,// ~- ,illl'"'f\ C"l"/""t'i>.togean ~ty 0 Aspen '.- I~'U.'Y 01 'Ul" .. J,,~ 'S p:<Utmark. :~j;,,- ; , -::- . :: n POST OfFICE DEPARTMENT Cit of As P. O. Box V LO' Aspen, Colora One piece of ordinary mail addressed to: TIFICATE OFL~6~!~. ' ,,..-~ff~-"= Received From: '~~- S t' t /. "':~.>...- -',~~ -~-ond '?- V.~. ~luf.~iJ~~"l= n ;. -:.? "I postmark.... : P.,:::: : 1: I. ______1;( '. " P. O. Hans R. Gramiger Po n Rnx (',7 Aspen. Colorado MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil DOES NOT PROVIDE FOR INSURANCE. POSTMA$TU . ~~~.f~:~3 3817 .,. GPO "13, DF-71l-U! Skandia Townhouse c/n c.1wytnn Mpyrine P. O. Box 2346 Aspen. Colorado MroARY'NBES USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE URANCE. POSTMAStER :~~.~::3 3817 "GPO.9U 0'-712.-U5 Adolph Peterson P. O. Box 271 Aspen, Colorado MAY BE USED fOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE. - POSTMASTER ~~~.f~:~] 3817 Elizabeth paepcke 1', no Rnx l032 Aspen, Colorado MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE. - POSTMASTER . I . ! z'" ....3: ~g 0)0 .... ;:Q-< ;2 zw > f;J: ~:; to w ,,~ 00 )lorn".. 'I ~o S !"Ie " 80 I ~ 0 ~t-' ~ ~ 0 =n t"1 Bll> :0 p.. z 0 ~ m " Z > ~ is z ~ ~ ? " o m ~ Z o ~ .. i'l < 6 m '" . "tl C/.l ~ ~. I"t Q. ll> ~ 0 ::l a '" ... Hl ~ =ft. IJ:l ?is! 0 )>~ rO x -<;"r 1m ~ c.., +:- 0 If 0 g- o Q. a. Q. "'~ ~ i '" ~ 0 a.~ ~.~ J> ~ ::l r:--= "\~ -\ (.. ~ f! ~, ~, ~~. ,< \ Z :::;-< ," ,( !f .::':': .~~~f~~\l i III ~1'rU ! I i L. ". 5' POST OfFICE DEPARTMENT TIFICATE OF ~~ILI~~...Zl .g'~-,-_r. Received From; "".::J P:... /1.''"'. _ v _,~ i"'~A-iRi 'V ~~ ." n.,~^, C" Cit of A en .~,." iI'IJ'~a~I'.\~&~ .~ ;-; ~I .1: P. O. Box V:." ' '. '. Aspen, Colo .1. One piece of ordinary moil addressed to: POST OFFICE OEPA.RTMENT ~TIFICATE OF ~"!l~~<iZ.'_ ~~J: Re,eived F,am, ". ~ - 'V~' ~iU-~~~tAV[d: City of Asp n ~l t~\ pa,'ma'k::: .'.... P.O. Box V " '. :i~_.~' __J-<< Aspen, Colora One piece of ordinary mail addressed to: "'GI'OlllU,OI'-llz-ns ~~~.f~:~3 3817 "'GPOlU~ Of lU-IU o I POST OffiCE DEPARTMENT TIFICATE OF. .M"IU~ :J ,"'- .~=- -, ": R.,e;ved ham ~". S c' C~~~'< l.iU]>~~~:! City of P . y~ . \ ~ postmar~I,; P. O. Box V ~;" ~ 52:!.:'" Aspen, Colo One piece of ordinary mail addressed to: William A. & Marcia Gilner P. no Rnx llOl Aspen Colorado MAY BE USED fOR ;OMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE. - POSTMASTER ~~~.~:~3 3817 n C .i... .. '. .. I<GPOUU Of_lIZ-US Louie M. RingQuist Po 0 Rnx 707 Aspen, Colorado MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOil: INSURANCE. - POSTMA-STER I<GPOUU Of nz-us ~~~.F~:~3 3817 JA,ffix ~.-=- '" :- ~Pstage and It\UL!: ~stmark. , I- in c-~flh ;n ox 86 Aspen. ~ ' One piece af ordinary mail addressed to: pplena Nicholson Po 00 RoX 86 Colorado AS~D ~~ ~OMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE MAY BE U _ POSTMA-STER FOR INSURANCE. I< GPO "I~ ,OF lIZ-US ~~.f~:~3 3817 '. ___.J-oc: Aspen, . CPdi. 52i'3c~~ One piece of ordinary mail addressed to: :. ____.-l~ Dorothy Shaw Po O. Box 510 Aspen, Colorado MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOil: INSURANCE. - POSTMA-STER ~~~.F~:~3 3817 "'GPOlllU,OF llz-n~ POBox Aspen. Color One piece of ordinary mail addressed to: L_ _ POST OffiCE DEPARTMENT C lFICAIE OF!^~ILI}N~ -"-:;,,,:; .=-c-c.'lff~ ~ R . dF ~-/c ;~~.L-......... " ecelve ram: ':.; r- ( Ii' ":"'-v---- <' ~~n ,,:~fpge and . ". V, ~ rlU, p :, [hct'. C~t of A ' -." \; . , pootma,k, , ,. P.O. B X V ;- .!~;;.:::: . !<< :.. R 5~\\E51 !~ Received From: POST OffiCE DEPARTMENT .TIFICATE OFLM"IU~ '.!.' -~__)":: ~ p c 'V~t..:-v :U7aRlI~o.:"'l~ '.-' "\ '.0.PU,) fhu i: . ;,':'~ pastmarki:: :: II'..:::: . i<< One piece of ordinary mail addressed to: ~~~.F~:~3 3817 "'GI'OlllU'OI' lIz-an Roomerang, Ltd P. O. Rox 253 Aspen, Colorado MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE. - POSTMASTER ~~~.~:~33817 I<GPOI"~ 0' lIZ-US George & Martha Madsen P. O. Box 87 Aspen, Colorado MAY BE USED fOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE. - POSTMA-SUR !; . . <~ 1-11: P. O. Box Aspen, One piece of ordinary moil addressed to: in P. O. Rnx 1% MAY BE USE~F~ren, C.n] orann FOil: INSURANCE. DOM~S:b~T~~~JtINTERNATlONAl MAil, DOES NOT PROVIDE ~~~.f~:~ 3817 "'6PO llU ,OF-liZ-US James Peter Lorier P. O. Box 423 lS State Street New York City. New YOrk MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE. POSTMASTER ~~~.f~:~33817 "'61'011'3 OF 7lZ-US ASflan r .'..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. -2- ........ ".- '. .,._--_._-~._-..-.~ .1,_ .. '.'C'..;cJ .,>"."...... " 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. \/'\ ,< i,'! . .j, ,(:./(/^/~ " /,' Lorraine Graves, Secretary ;::-:, ,j (1)/ ./ ,: ,.._ ._~___.<_C-_.,_ .__._._._~. ._.~"'",-, .._~__._.~_._~_ -"-.--.--.. Co .-. ,- __._4__-'--~_'''' .;~.__.._.,---.....-..-..-..~----",,~ , ..... -- ~~_~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-