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HomeMy WebLinkAboutlanduse case.boa.Riverside/Crestahouse.005-71 -......--.- .", APPEAL TO BOARD OF ZONING ADJUSTliENT City of Aspen Date 4/15/71 Case No. Appellant~ido Meyer Adcress 403 S Galena Owner Guido Meyer Address Location of Property Riverside, Crestahouse Street & Num er ox Sub ivision jJe;-z~ 2/ B occ & Lot No. Builc1ing FE'rldt application antl prints or any other pertinent (lata must accompany this application, ane: will be tr.ac1e a part of Case No. 7/-0~ The Boar.:' will return this application if it coes not contain all the facts in question. De~cription o~ proposed exception showing justification: Kltchenette in existing cabin, plus 1 living room. M 'J' 1/7 S isne 1;Y [(. /'---&C-I-" ,4P I Appellant lrovisions of: the zonins orclinance re("ui,ting the Builc'inr; / uto-forwarc this-applTcation to"t:1e EO~ ofAc'justr"entanc1 reason. for not aranting permit. .. ~,,~\,e~,~ '.$\\V"'~~&.-,-~"""'" "- ~....\\~'~~~~L1\-+O o:~u.. tA. 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NOTICE OF PUBLIC HEARING Case No. 71-5 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 pJblic 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 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: April 22, 1971 Time: 5 :00 p.m. Name and Address of Applicant for Variance: Name: Guido Meyer Address: 403 South Galena Location or description of property: Location: Block 21, Riverside, Crestahouse Description: Block 21, Riverside Variance requested: Application is made for a building permit to attach a moved in building to an existing motel unit. The property is being used as a motel which is non-conforming in the R-15 District. A non-conforming use shall not be extended. Duration of Variance: (Please cross out one) ~ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT .-J/ '} ,~/ # BY C~ .-!::e."4/M'AA/ ~1-cv..-.0 Chairman4'7 p~ II ----~-- --~-----._--- ------------ - - Lot 1 Riverside Sub-Division Robert H. Holt and Robert C Edwards Box 126 Mammoth Lakes, California ./ Pt. Lot 2 Riverside Sub Mrs. Carol Nicholson Aspen, Colorado // Part of Lot 3, Walter Duson III - Pt of Lot 3 and all of Lot 4 Fred Lane .,./' Box 419 Aspen, Colorado ~ Lot 5 Bengt Soderstrom Box 735 Aspen, Colorado v/' Aspen, Colorado g/ (j?) U 3~~~,/ i1''J,-0./ /// [, /' // / Lot 7 Wrn. J. & Mary Carney Jt. v MEMORANDUM TO: Board of Adjustment City of Aspen DATED: April 28, 1971 FROM: Albert Kern City Attorney SUBJECT: Application for Variance - Guido Meyer The following facts have been ascertained from the City Building Inspector relating to the subject matter of the application for variance: 1. Mr. S. C. Thomas, Thomas House Mover, applied for and received a permit for the moving of a structure within the City of Aspen. This permit was validated on May 7, 1970. The address of the property from which the structure was moved is stated on the permit; however, the place to which the structure was to be moved is not stated on the permit. 2. The structure was moved to property owned by Guido Meyer within the City of Aspen, at which time the owner of the property commenced to attach it to an existing building on the property. A Stop Work Order was issued by the Building Inspector on May 25, 1970. In April of 1971 the owner of the property attempted to again connect the structure to the existing pre- mises. He was so notified that he had not applied for nor received a Building Permit and again a Stop Work Order was issued. 3. The property to which the structure had been moved is zoned R-15 and the improvements located there- on are a non-conforming use under the present zoning code. The owner of the property wishes to extend this non-conforming use by attaching the additional structure to the already existing structure. The owner of the property zoned within the City of Aspen is responsible for meeting the zoning codes of the City of Aspen and no city official, the building inspector or otherwise may authorize a violation of the zoning ordinances, except through proper application before the Board of Adjustment. The ~ granting of a moving permit to move a structure along the streets of the City of Aspen does not authorize nor even indirectly imply a right to violate the existing zoning ordinances of the City. As I understand, the Board has requested a legal opinion on whether the owner has any legal recourse against the applicant for the moving permit. I believe this to be a determination that would be totally improper for me to make as it is not the function of the City ot establish the liability based on a contractual obligation between two parties unrelated to the facts before the Board of Adjustment. The owner of the property should consult his own counsel to establish whether he has a cause of action against the applicant for the moving permit. It appears that the question before the Board of Adjustment is whether it should grant a variance for the extension of a non-conforming use based on the standards and criteria set forth in Chapter ll-1-12(b)(4). The Board of Adjustment has the power, acting within their sound discretion, to approve, grant or disapprove variances within specific zoned areas, including enlargements of non-conforming uses. However, the Board should be aware that the zoning ordinance prohibits the enlargement of non-conforming uses and only where there are severe or obvious hardships arising from a refusal to permit the en- largement of a non-conforming use, should one be approved. ALBERT KERN AK/pk ; r-- o~oj~:"'.~~ .<:,';::" -:9' '" ,....'.'< ~4'~O~/> />; /~/ /:.; / ;' ~//:> "CO_, ~_" , ~<::, . '.::~> .' / \ )> en ~ o Ii '" o ~-- '- ' . '- & en .......0 .~ ~"~ H POST OffICE DEPARTMENT CE"-'FICATE OF MAILING Received I._on: City of ASPi~'.."_,, I. P. O. Box VI ", Aspen, Coloracl..... One piece of ordinary mail addressed to: As an Colorado MAY BE USED fOR DOMESTIC AND INTERNATlON FOR INSURANCE. _ POSTMASTER ~~~.F~:~3 3817 ~ C/> 0 0 'C_ ,g~ g~ - !O 'l:l.-"tj p> Sri) =-"'tl ~t'Ij <Z ~ r.., ~, " "r/; Affix S4 ..... , ;postoge .....J :poStrt,drk: :i" "- .'.1 ',' . POST OffiCE DEPARTMENT Cf"FICATE OF MAILING Affix 54 Received hum: City of Asperf" i tr':; : ~.;' ] P.O. Box V \ \ Aspen, Colora(lO:-' '1" One piece of ordinary mail addressed to: ~ T.T':' , .: __ T C' -a.A'....~__ 1"1___ ___, T_ " i?~ 1.".- ~.,~,.postage .....d . '~o~Miork.~ }" ';,,: ..,';) , _'!:'J POST OfFICE DEPARTMENT CfO '~ICATE OF MAILING Affix 54 '- Received from: postage .....J po'stmerk. ' City of Aspen P. O. Box V Aspen, Colorado One piece of ordinary mail addressed to: Robert P. O. Box Mammo MAY BE USED FOR DOMESTIC AND INTERNATIONA FOR INSURANCE. - POSTMASTER ~~~.F~:~3 3817 POST OfFICE DEPARTMENT CF~-'FICATE OF MAILING Affix Set '..... p~s!CJ9.e _..../d .postm~rk'5 _. I Received l,...m: City of Aspen P. O. Box V Asoen, Colorado One piece of ordinary mail addressed to: \ 'r' 'C-/i n ~ As en Colorado ~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, FOR INSURANCE. POSTMASTER ~c;~.F~:~3 3817 "'GPOItU:DP POST OFFICE DEPARTMENT CF~-lFICATE OF MAILING Affix Set .... Received I....m: posta~~:~I~ 'p:ostmark. ,,),~>': ~- ,(1 5 City of Aspen P. O. Box V Aspen, Colorado One piece of ordinary mail addressed to: , , .~ : ".,' I " , Walter Duson As en Colorad MAY BE USED FOR DOMESTIC AND INTERNATIONAL M FOR INSURANCE. _ POSTMASTER ~~~.F~:~3 3817 POST OfFICE OEPARTMENT CF~-lFICATE OF MAILING Affix Set '... , postage:, __,..d _r';" "1 _ eostmark. i.~ ('! t, Received I....m: City of Aspen i P. O. Box V '" "b'~' \ \,,' Aspen, ~olnrRdn One piece of ordinary mail addressed to: Fred n As en Colorado MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil FOR INSURANCE. _ POSTMASTER ' ~~~.f~:~3 3817 _.,,0. -~ /'''', ~ "",,...," RECORD OF PROCEEDINGS 100 Leaves fO~lI'~ ~. f. ~O(C!\'~ B. e. 1l< L. C,\ Regular Meeting Aspen Board of Adjustment April 29,197 Meeting was called to order by Chairman Eleanor Hubbard at 5:00 p.m. with Jerry Hobgood, Remo Lavagnino and John Dukes. Dukes moved to approve the minutes as amended to include in the last paragraph, page 1, the words "in order to comply". Seconded by Lavagnino. All in favor, motion carried. CRESTAHAUS MOTEL - CASE NO. 71-5 An opinion requested from the Board of the City Attorney was read by Chairman Hubbard. (See case file for copy.) Chairman Hubbard explained that four aye votes would be required to approve a variance and since only four members are present Chairman Hubbard. questioned Mr. Meyer if he wished the Board to make a decision at this time or wait for five members. Mr. Meyer stated he wished the Board to consider a decision at this time. Hobgood stated she had visited the site and feel this addition would not presenl any problems to the neighborhood, it does not overcrowd the land and feel there is a hardship since the moving permit was issued. Hubbard pointed out this is a non-conforming use and surrounding property owner, purchased their property with the zoning as it exists. Mr. Guido Meyer stated he was not aware of the first stop order at the time it was issued. He had left town the following day. Was told by the Assistant Build- ing Inspector (Kestner) there was enough room at the site to move the building to and was not aware another permit (building) would have to be applied for. Mr. Krabacker told Mr. Meyer he would handle the permit. About this time was busy building the building downtown and forgot about the addition to the Crest- ahaus. The cabin where the addition is being put, was burned a long time ago. Upon completion of the building downtown, again started on the addition at the Crestahaus and this was when the second stop order was issued. Dukes moved this request for variance be denied on the grounds that there was no substantial hardhip shown. Seconded by Lavagnino. Roll call vote - Lavagnino aye; Hobgood nay; Dukes aye; Hubbard aye. Motion carried, variance denied. PARAGON RESTAURANT - CASE NO. 71-3 Memorandum from the Sanitarian was read by Chairman Hubbard (see case file). Memo outlined that at least space for 4 dempsey dumpsters should be provided which require at least space 12' x 6'. Mr. Lavagnino stated perhaps space required should provided for 5 dumpsters but require only 4 dumpsters at this time. Chairman Hubbard and Board took cognisance that the requirement of the setback above 30' was made to break up monolithic buildings. Also discussed this being the only small undeveloped lot in the block. Board went into executive session to draft motion. Board reconvened into regular session. Lavagnino moved that the requested variance disallowing the reQuirement for a . -, .., .,---,..~.--:--. ..... r, ~ . .~"'" --' RECORD OF PROCEEDINGS 100 Leaves F~\I C.F.1l0HUl8.8.!tl.CJ. Regular Meeting Board of Zoning Adjustment April 2'2, 19: Meeting was called to order by Chairman Eleanor Hubbard at 5:05 p.m. with Jerry Hobgood, John Dukes and Remo Lavagnino. Also present Clayton Meyring, Building Inspector. Jerry Hobgood moved to approve the minutes of March 18, 1971. Seconded by Remo Lavagnino. All in favor, motion carried. Remo Lavagnino questioned the minutes of March 31, 1971 on page 2, paragraph 7. Should be changed to "Charles Paterson moved to approve these revised plans." Also page 1, paragraph 3, changed to read, "Pat Card was present and stated that at the first hearing". Will hold until later in the meeting to approve March 31 minutes. CASE NO. 71-5 GUIDO MEYER Mr Meyring was asked for the background material on this case. A year ago a log building was moved from Cooper Street to the Crestahaus. The Crestahaus is a non-conforming use and no building permit can be granted. Request for a variance for placing and attaching this building to existing building. Mr. Meyer stated that about 2 years ago he talked to the Building Inspector about the moving of this building, however the building wasn't moved until last spring. If he should have a family managing the Crestahaus would need a place for them to live. Had intended the building in question would be attached to a building with a kitchen and living room and would be used as a living room. The problem of side yards was discussed. The moving permit was discussed as to there being no mention of the destination of the building, the liability of the mover as per the moving permit states the permittee accepts full responsibility for compliance with the uniform building code, the county zoning resolution or city zoning ordinance. The moving permit was issued to Thomas House Movers May 7, 1970. It was discussed whether a hard- ship were involved due to the cost of moving the building. " Board discussed the possibility if cabin were to stand by itself if it could be used for a one-family dwelling. Also the possibility of subdividing the land. Mr. Meyer questioned as to when the zoning had been changed to make the Crest- ahaus a non-conforming use. That at the time he had bought the land and built the Crestahaus it was conforming. Robert Holt was present and stated his opposition to the request. Felt the building is a log shack with a tin roof and does not conform to building codes. Mr. Meyring stated he had not gone into the problem of the inspection of the building as to meeting requirements, but felt it probably just needed a foun- dation to conform, that the tin roof would meet building requirements. ~r. Meyer stated that he owned 4~ acres of land where the Crestahaus is located. , ..L-;t. ~ f-y The Board was of the opinion that the building wouldA~ave to be moved to a spot by itself, could not be attached. Wondered if Mr. Meyer would agree to sub- dividing land and placing this building as a single family dwelling. The number of units per land space requirements was discussed. Legal description of sub- dividing would be described by metes and bounds. . ..-..~.. ..-,p.,.._~ - ......... ...,.I - , RECORD OF PROCEEDINGS 100 Leaves F01IIM II C. F. 1l0~CK(L 8. D. Ii l. ,~. Regular Meeting, Bd. of Adjustment, 4/22/71 The secretary was asked to contact the City Attorney as to where the legal responsibility lies as far as the moving permit states. The case was continued until such time as all five board members would be present and the opinion from the City Attorney was obtained. CASE NO. 71-3 - PARAGON RESTAURANT Mr. Stephen Ware was present and presented the revised plans and survey to the Board. Revised plans solve the problems of open space with a public arcade on the street side and by taking the roof off the corridor. 2 variances were now requested; for a rear service yard area and .for a front height set back. Plans were reviewed by the Board. Chairman Hubbard informed Mr. Ware that the Board's decision would have to be delayed until the fifth member of the Board were present. Lavagnino asked for clarification of reasons for requesting a variance. Buildini sited by Mr. War6 are already existing and before zoning and shouldn't be used for reference to new buildings. Mr. Ware reiterated what he had told the Board at the March 31st meeting, ie. the four items of criteria for the granting of a variance. Under the criteria outlined in the zoning ordinance, Mr. Ware made the followini comments: 1. - Feel this is interpreted as spot zoning of this one lot in respect to the remainder of the commercial area which is built up. This lot was not built on prior to zoning as other buildings were. 2. - This requirement uses the word' "other" not "all" properties. Other build- ings in the same zone with setbacks are: Aspen Leaf, Elks Building, Isis Theatrt Opera House, City Hall, Aspen Lumber & Supply, Eagles, etc. All these buildings are not in compliance with the setback and were built prior to this requirement so they did not have to comply. 3. - Special conditions being that this lot wps not built on prior to zoning. Two phases should be emphasized, "essen;~ial" ana "substantial property right". This type of architecture is highly desirable. Other properties in the commerc- ial zone are enjoying a property right that we are not enjoying. This building will have 410 square feet of floor space that we are being denied by this re- quirement that other properties in this zone enjoy. 4. - Understand that this Board cannot take cognizant of esthetis however, the general plan is a function of esthetic choice. This rule (setback) was a policy established by City Council to fit a certain circumstance, mainly North of Nell and other monolithic buildings. This rule does not apply to this building. In order to interpret a rule, one must know the reason for establishing that rule. Service y.ard size and the use of Dempsey Dumpers was discussed. The Building Inspector was asked to check with the Sanitarian, Mr. Kinkade, for his rec- ommendation on the required numbers of Dempsey Dumpers for commerc ia 1 us e . ---------~,-_....""'_....-~_.......--......_.."""'"".-- ~,.....--..-~-. W-~