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Home My WebLink Aboutlanduse case.boa.700 S Galena St.008-71 ; ,. /::/.~ y'o 1/-<'--<'-'-I7c'~ i.,c' /Jl.,"V' J "j..,." APPEAL TO BOARD OF ZONING ADJUSTI~NT City of Aspen Date May 4, 1971 Case No. Appellant Fred Hibberd, Jr. Adc~ress 700 S. Galena St.. lIc:p"n, Colo. O~me r same Address same Location of Property 700 S. Galena st., Aspen (Street & Number oJ: Subdivision Block & Lot No. Building Fern,it application and prints or any other pertinent data must accowpany this application, ana will be rea0e a part of Case No. The Boar~ will return this application if it coes not contain all the facts in question. Description of proposed exception showing justification: Lot 14, Block 1, Anthony Acres Subdivision. The specific parcel is that ground shown where Building E of the Durant Condominiums will be built. This building contains five apartments. /, (Cont'd) Signee1 l~ iI~~~. lrovisions of the zonins orclinance rcc<uiring the Iluilc'inr.; Inspi"ctor to forward this application to the Eoard of Adjust@ent anG reason :~~F~~~~\~:~~~~~ ~~\t:;~~ ~~ ~~~ '_~rQ 4~~b\,\~d~ '9J~\ \ \ \),a. 'o~\ h a.\l'~....oto ~""\'v.~ "i) ~ U:"l. '^);) ;. N- q..,\ ~ Iii .....u..,. ~--'^':-~ pO' ~ \ d.. '\ ~ ~~O--)t. """'\iW\~G.t-1M\+ ~C\ b'V'..\\~~ Ib ~a y~~ __ __ ___ 'I Status S~gned P~rmit rejpcte~ date Decision Date Application fi1ec Date or Hearing r-iailec1 SEcretary Appeal to Board of Zoning Adjustment Fred Hibberd, Jr. 700 S. Galena st. Aspen Page 2 It is necessary to apply for a varience because of the unusual topography of this site. When the height limitation was written in the city code, it did not take into consideration a site such as this, which rises from elevation 7962 to 8085, for a total rise of 123'. Building E starts at an average level of 8015. This is 53' above the street level at Galena Street. The code allows for 28' of height above street level and makes this building impossible to build. A similar situation was the case when buildings A,B,C, and D were constructed and a variance was granted to these projects. Building E is two stories on the east side and three stories on the west side. The average height above the ground for this building is 25'10 1/2". Before this property was annexed to the city, the building heights were judged by the county from an average grade using the perimeter of the building. This is how we arrived at our 25' 10". \", -"", ">;,..,. ...- NOTICE OF PUBLIC HEARING Case No. 71-8 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 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:May 20, 1971 Time:5:00 p.m. Name and Address of Applicant for Variance: Name: Fred Hibberd, Jr. Address: 700 South Galena Location or description of property: Location: 700 South Galena Description: Variance requested: Application is made for a building permit to build a multiple family dwelling. The proposed building will be built approximately 95 feet above the Galena Street reference point. The maximum permited height of building is 28 feet. Duration of Variance: (Please cross out one) '!'.fiI~1liX:KXJX Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY ~~~_L-~_ Chairman ~ -7 List of the adjacent land owners: The Aspen Skiing Corporation, P. O. Box 12Y~ Aspen Spar Consolidated Mines, Inc., P. O. Box ~, Aspen. 1/ /7 ,L~~A<J J/) 4 / //l. ~-Cd u Lc/ ,/lf~~/. / ( ~ k/) /4?( -/7//7 7 JSS- c frJ POST OffiCE DEPARTMENT CERTI' ~TE OF MAILING -,-" Received From: City of Aspen P. O. Box V Aspen, Colorado One piece of ordinary mail addressed to: Aspen Skiin~ Corporation (' In n R r. f\,.nWl1 P. O. BoX 1248 Aspen, Colorado MAY BE USED fOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE fOR INSURANCE. - pOSTMASTER I< GPO 1113 ,Op_1U~US ~~.f~~33817 City of A,;p"n P.O. Box V Aspen, Colorado One piece of ordinary mail addressed to: POST OffICE DEPARTMENT CERTI Il.TE OF MAILING Received From: Spar Consolidated Mines Company "In n R r. f\,.nWl1 P. O. Box 1248 Aspen Colorado ~t: I~~~:;'NDCFEOR DOMESTIC AND INTERNATIONAL M~IL DOES NOT PROVIDE . _p05TMAsnR ' ~~~.~:~3 3817 I< GPO 1113 ,OP_1I2_U5 .AI" ~ "-cJ'~~ A. J~ ,<'/-"~ G<"t!~~- ~ ~ ... 7/-,1> -j)~g--J-'~.;<~ /97/ Additions to minutes 5/27/71 Hibberd, Fred Jr. Hbbgood pointed out that Mr. Hibberd had stated purchase of property had been made when Countv regulations applied but upon persual at Cpunty Court House, CNlners Certificate and Plat for this property was recorded in November 1969. Factors to be considered by Board: j 1. Land owners notifiyed of hearing were c _.J~J BLv and Forrest Service (by nature these two would protect public from furhher development) but the Ski Corp. and Minning Compan,y could also ask that a substantial nroperty right be given to bhem as enjo,yed in the same vicinit,y or zone. Fasching House was not nbtifiyed\io Lv~y'? ~ 2; After discussing fire safet,y factors with Chief Clapper it was I learned: 1) Present laddersw ould not reach height" of bUilding. 2) Because of inaccessabilit,y to present condiminiums, Mt. States Insurance is higher for Fire District. 3) Hot line & hydrant hose access referred to by Mr. Hibberd and Bldg. Inspector is not adequate, since distance to accessible parking of fire truck is so far from proposed bldg. 4) There is no access during the winter from the Aspen Mt. side. 5) The Condiminum Assoc. is no...."putting the bite" on the Fire District for additional equiptment to reach roofs. 6) The fire house equiptment referred to by lvir. Hibberd and Meyering, consists "only" of addi tional hose extension and '! is "not adequate." 7) The Chief's opinion is that this would create anf overall "bad and dangerous situation in an already congested area'''9-~ 3. Even tho parking does conform to requirements, per y~. Hibberd)o~ in practice (as experienced personally at the Durant) parking IS inadequate and further development would only compound this problem. I " I I 0 I I I I I I I I I I I . c c 4. Is it even desirable to allow or want further development in this area and is it not adverse to the overaIr-general plan? 5. Not a minimum but a maximum' . _ variance is being requested. 11-1-9 (e) "a variance from the maximum height "may be granted"; not will be granted. - I I . Because of the preceding facts and the following reasons, I voted against this request. ,I. I think that the Board should more seriously consider the philosophy of Purpose and Intent as set forth in Title XL. i.e. 1) In this case,to grant a variance would N9~encour8.e the most approprIate Use of land n~ Insure the following benefits to its citizena, -.r promnt" h~~'U . I I I I I I I I I I I I I I c c - o (' o general welfare. It would not lessen congestion in the streets, secure safety from~re, prevent overcrowding of land, avoid undue conecnetration of population, facilitate adequate provision of transportation, water, sewerage, schools, and other public requirements, ~' but in my opinion, only add to some of the presently . exlsting nroblems in this municipality. ~J".\ it t my conviction that this is a judgementory board which should V"" be guided and influenced by the Intent and Purposes as annlied to s,pecifics in relation 1;0 the benefits or detriments realized: by the ~ublic. That the right to property and to build also l~ys down conditions under which that right is valid...that deman~of the C.ommon good transcends the interest of t he party or parties. We should norapply laws mechanically or legastically but with a social c'onscience FC1R the community and or public. ~ - eP>- \ \ .).. 0.. -a. ~ C'\~~ . \-o.:s-- <:D .9- :::r \(~~.V ~/ "^ --\~ --" , ~,.,~