HomeMy WebLinkAboutlanduse case.boa.east400blockofhyman.003-71
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NOTICE OF PUBLIC HEARING
Case No. 71-3
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 otber 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 Zoping 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 yo Ill' 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 o~~ers and
others affected in deci~ing whether to grant or deny the request
for variance.
The particulars of the hearing and of the requested variance are
as follo..ls:
Date and Time of Meeting:
Date: March 18, 1971
Time: 5:00 P. M.
Name and Address of Applicant for Variance:
Name: Paragon Restaurant, Inc.
Address: P. O. Box 104
(J. C. Ingham for Aspen Wilderness Corp.)
Location or description of property:
Location: East 400 block of Hyman Street
Description: Part of Lot D, E, F, Part of G.
2:1 ratio fro building sq. footagle to lot square footage.
Variance requested: Rear yard setback for utility area.
Requirement for offstreet parking.
30 foot minimum height for first 10 feet of building facing
the street and the alley.
Open space requirement that 25% of the lot area from ground
up be open, of which not less than ~ of the lot width is open
Duration of Variance: (Please cross out one) to the stree.
'U1KY;~B{lHsj{
Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY fi ";:"'L.t-C/J-Ph, I.(a 'c-~
Chairman./ '7 )L. .
APPEAL TO BOARD OF ZONING ADJUSTMENT
MARCH 5, 1971
Case no. 71-3
Appellant: J. C. INGHAM on the behalf of
Aspen Wilderness Corporation
Post Office Box 1103
Aspen, Colorado 81611
Owner: PARAGON RESTAURANT, INC.
Post Office Box 104
Aspen, Colorado 81611
Location of Property: The following lots or portions of lots situate within Block 89 of
Aspen Townsite, in the County of Pitkin and State of Colorado:
1. A part of Lot D, to-wit, that portion of Lot D situate East of a line beginning
at a point on the northerly boundary of said Lot D a distance of 16.35 feet east of the
northwest corner of said Lot D; Thence South 14050'49" West a distance of 51.00
feet; Thence South 75009'11" East a distance of 4.00 feet; Thence South 14050'49"
West a distance of 49. 00 feet to a point on the Southerly boundary of said Lot D.
2. All of Lot E.
3. All of Lot F.
4. A part of Lot G, to-wit: that portion of Lot G situate West of a line beginning
at a point on the Northerly boundary of said Lot G, Thence South 14050'49"
West a distance of 100.00 feet to a point on the Southerly boundary of said
Lot G.
The sum total area of the foregoing lots and portions of lots being 9,569 square
feet more or less.
All of said property being situate upon and fronting on the East 400 block of
Hyman Street in the City of Aspen.
The Building Permit Application heretofore submitted to the Building Inspector of
the City of Aspen, the site plan and elevation plan for the proposed building, and a survey
of the building site are submitted herewith.
PROPOSED EXCEPTIONS
1. REQUIREMENT FOR OFFSTREET PARKING. No provision has been made
for offstreet parking of motor vehicles. The applicant would request permission to lease
parking space elsewhere. This exception is request for reason that the size of the build-
ing site is too small to economically permit parking space on the premises. Too, it is
felt that pedestrian malls will soon be incorporated into this area making offstreet parking
an unnecessary facility.
...
2. REQUIREMENT THAT THE BUILDING HAVE A 30 FOOT MINIMUM HEIGHT
FOR THE FIRST 10 FEET OF THE BUILDING FACING THE STREET AND THE ALLEY.
The proposed building will be 40 feet in height, and an exception is requested with regard
to the height setback in order to provide architectural conformity with the existing building
on Lots F and G and to provide economy in utilization of space on this small building site.
3. OPEN SPACE REQUIREMENT THAT TWENTY-FIVE PERCENT OF THE LOT
AREA FROM GROUND UP BE OPEN, OF WHICH NOT LESS THAN ONE-HALF OF THE
LOT WIDTH IS OPEN TO THE STREET. The proposed building will cover all of the square
footage of the lots comprising the building site. This is necessary to provide economy in
the utilization of space and to provide architectural conformity with the existing building
and the remaining portion of the block. Token open space has been provided by implemen-
tation of a 1,600 square foot planted patio running in a generally north-south direction from
Hyman Street to the alley of Block 89.
4. 2:1 RATIO FOR BUILDING SQUARE FOOTAGE TO LOT SQUARE FOOTAGE.
Lot area of the building site for the proposed building is 4,104 square feet; the proposed
building square footage is 11,184 square feet for a ratio of 2. 7:1. This exception is
requested for reason of economy of space utilization and for reason of architectural
conformity with the existing building.
5. REAR YARD SET BACK FOR UTILITY AREA. The proposed building will
have a rear utility area of 10 foot x 4 foot x 10 foot for purposes of garbage storage. It is
felt that the particular type of building proposed will necessitate rear yard utility area only
for garbage storage and that the proposed space will adequately provide for garbage storage.
The exception is also requested for reason of economy in utilization of space.
Respectfully submitted,
ASPEN WILDERNESS CORP.
\-~1
Bycffng
.
Provisions of ~he zoning ordinance requir~ng the Building
Inspector to forward this application to the Board of Adjust_
ment and reason for not granting permit.
Application is made for a building permit to remodel the upper
two floors of an existing building and build an addition to the
existing building. The proposed addition is in conflict with
the zoning ordiance by:
(1) No provision has been made for off-street parking of
motor vehicles. Approximately 21 off-street parking spaces
would be required depending on the intensity of the cornme~eial
use.
(2) Constructing the proposed building to a height of 40 feet
on both the front and near lot lines. No building or structure
shall be constructed higher than 30 feet above grade within 10
feet of any dedicated street or alley adjacent to the lot.
(3) Covering the total lot area with the building. All struc_
tures shall be required to have not less than 25% of the build_
ing site for "open space area.
(4) Constructing total floor area above grade to 2.7 sq ft of
floor area to one square foot of lot area. The total floor area
of the structure above ground shall not exceed 2 times the total
lot area.
(5) Not providing an open area with a horizontal dimension of
10 feet and equal to 10 % "of the lot area. The area provided
measures 10 foot x 4 foot x 10 foot.
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Status
Permit rejected date
Application filed
Mailed
Decision
Date of Hearing
Secretary
MICHAEL MC PHEE
1039 E. Cooper
Aspen, Colorado
March 17, 1971
THE CITY OF ASPEN
BOARD OF ADJUSTMENT
Aspen, Colorado
Gent1 enen:
This letter is written with regard to the recent notice of public hearing that
I received on a request for a variance by CB Development Company to increase
the height of their project along the Roaring Fork River from 25' to 28'.
Because I own the top floor apartment at the north end of Chateau Roaring Fork,
my living room windows will be looking out over this project so I was naturally
very concerned with this request for variance.
I contacted the owner of the property and asked for the reason behind this
variance and, after considering all factors, I want to go on record as being
definitely in favor of granting this variance.
Although the 3' increase in height of the building along the river will slightly
affect my view of Smuggler Mountain, the other considerations which were not
mentioned in the notice of variance more than off-set this consideration.
The elimination of one entire building and the relief of the very crowded condition
ther would be next to the building built by Gene Ingam last year far more than
compensates for the additional 3' in height.
As I understand it, this additional 3' is only going to be used to make more
adequate ceilings in the apartments and will not add any more floor space, any
more apartments or physically change the appearance of the building noticab1y. I
further understand that the present zoning allows the 28\ height because it was
recognized that it was necessary in order to get adequate ceiling heights.
Further, it would appear to me that if there is anything wrong with the present
zoning code, it is the fact that builders are allowed to build with such small
side yard setbacks. Another building next to Gene Ingam's would be very un-
attractive to residents and tourists coming down Highway 82, across the Cooper
Street bridge and I feel that every consideration should be given to the builders
of this new building in their effort to increase the amount of open space and
reduce the congestion of Aspen.
Sincerely,
WI ~ 'r\.L ~/v...-
f1ichae1 McPhee
MMP/bg
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CONDOMINIUM APARTMENTS
March 12, 1971
Mr. Clayton Meiering
Building Inspector
The Board of Zoning Adjustment
City of Aspen
Aspen, Colorado
Gentlemen:
I own a piece of property located at Anthony Acres Subdivision,
designated as Lot 14, Anthony Acres. In an effort to reach design
criteria, I would like to discuss with you the problems regarding
the current height limitations which, as they are now written,
restrict the height of a building to 30' above street grade level.
The problems with this height has to do with its steep grading
and the fact that a major part of the site exceeds 30' above the
height of the street.
Because of my concern for a properly developed site, it is my
intention to discuss with you approximate height limitations, so
that we can design buildings to these 1imiaations.
The problem of access has been brought to my attention and I have
the following: The Durant Condominium units are built on this
site and additional buildings are intended to be a second phase
of the original project, by deed, and as spelled out in the Condominium
Declaration. There is access between the D buildings and a tram is
planned in the future.
Parking will be provided on Lot 15 which is owned by me and with
underground space, will provide room for enough cars.
A third question has been raised regarding fire equipment access -
my intentions are to provide in a separate building everything
necessary to properly extinguish fire and I will agree to standards
Peje1 ,to
[J BOX 1364 ASPEN, COLORADO B1611 [303) 925.7397
D i'i"l"'S--rA""'s"'r-fli1i--ATrr:ru, DEN V E R, co LOR ADO 802 0 6 [3 0 3) 3 5 5.64 0 0
1127 Race Str""t-
set by the Aspen Fire Department. This will eliminate the necessity
of bringing equipment from a fire truck parking in a commercial
parking area. A 12" wall main is in the rear of the property. I
have been assured by Leon Wurl that we can tap off this main.
If we can discuss these matters at your meeting of March 18, I
would appreciate the opportunity.
Very truly yours,
Fred Hibberd, Jr.
FH:rn
CITY OF" ASPEN
P. O. BOX V . ASPEN, COL.ORADO B1611
M E 5 5 AGE
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P. O. Box ')67
Aspen, Colorado
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