HomeMy WebLinkAboutagenda.boa.19930819CITY OF ASPEN
BOARD OF ADJUSTMENT
AUGUST 1-9, 1993, 4:00 P.M.
SECOND FLOOR MEETING ROOM
ASPEN CITY HALL
A G E N D A
I. CALL TO ORDER
ROLL CALL
II. CASE #93-12
STAPE LIMITED LIABILITY COMPANY
III. ADJOURN
NOTICE OF PUBLIC HEARING
CASE #93-12
STAPE LIMITED LIABILITY COMPANY
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 Official Code of Aspen of June 25, 1962, as
amended, a public hearing will be held in the SECOND FLOOR MEETING
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 Ordinance, Chapter 24, 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, 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
consideration to the opinions of surrounding property owners and
others affected in deciding whether to grant or deny the request
for variance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meeting:
Date: AUGUST 191 1993
Time: 4:00 p.m.
owner for Variance:
Appellant for Variance:
Name: STAPE LIMITED LIABILITY COMPANY JOE WELLS
Address: 533 E. HOPKINS
Location or description of property:
EAST 10' OF LOT R AND LOT S, BLOCK 18
Variance Requested: SUBJECT PROPERTY DOES NOT MEET MINIMUM SIZE
REQUIREMENTS PER SECTION 24-5-213 D. OF THE ASPEN MUNICIPAL CODE.
THE APPLICANT IS REQUESTING A VARIANCE OF 21000 SQUARE FEET FROM
MINIMUM 61000 SQUARE FEET REQUIRED.
Will applicant be represented by counsel: Yes: X No:
The City of Aspen Board of Adjustment
130 South Galena Street, Aspen, Colorado 81611
Remo Lavagnino, Chairman Jan Carney Deputy City Clerk
CITY OF ASPEN
BOARD OF ADJUSTMENT
DEVELOPMENT APPLICATION
DATE July 19 19 93
APPLICANT Stape Limited Liability Company
CAS E # Z� —Z97121,
PHONE 925-1230
MAILING ADDRESS 533 E. Hopkins Avenue, Aspen, CO 81611
OWNER same as Applicant PHONE 925-1230
MAILING ADDRESS same as Applicant
LOCATION OF PROPERTY East 10' of Lot .R and Lot S, Block 18
(Street, Block Number and Lot Number)
WILL YOU BE REPRESENTED BY COUNCIL? YES X NO
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Below, describe clearly the proposed variance, including all
dimensions and justification for the variance. (Additional paper
may be used if necessary.) The building permit application and
any other information you feel is pertinent should accompany this
application, and will be made part of this case.
(see attached)
DAB STAPLE
Applicant's Signature
DON STAPLETON
REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY
CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE
PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF.
DATE PERMIT DENIED
OFFICIAL
DATE OF APPLICATION HEARING DATE
WM. C. Stapleton Agency, Inc.
533 East Hopkins
Aspen, Colorado 81611
925-1230
82-326/1021
PITKIN COUNTY BANK & TRUST CO
Aspen, Colorado 81611
CHECK NUMBER DATE i
22340 7/19/93
AND 'ATn�$�
THE
OER OF
ASPEN CITY CLERK
By c i
1: 10 2 10 3 26 11: 1 15 797118
Joseph Wells, AICP
Land Planning and Design
August 9, 1993
Ms. Leslie Lamont
Aspen / Pitkin Planning Office
130 S. Galena Street
Aspen, Colorado 81611
Dear Leslie:
We are writing on behalf of David and Don Stapleton, the owners of the 4,000
square foot (40 x 100 feet) parcel located at 702 West Main Street. The owners
propose to build a new structure to relocate their insurance offices to the
property. The building will also include some on -site housing.
Because the parcel is less than 6,000 square feet, it is presently a non-
conforming lot of record and the only uses permitted on the property are a
detached residential dwelling and customary accessory buildings (Sec. 9-106
(A)). This application requests a variance from the Land Use regulations
under Art. 7, Div. 11 to permit the construction of an office building and
deed -restricted housing on the lot.
We discussed with you the possibility of requesting a change in the
minimum lot area in the Office zone but you thought that the variance
request is a better alternative and something the Planning Office can support.
We are including our responses to the code standards for variance requests
for staff review.
We look forward to discussing this proposed variance request with the board
of adjustment on their next available agenda.
Since r ly,
Joseph Wells, AICP
JW/su
Enclosures
130 Midland Park Place, Number F2
Aspen, Colorado 81611
Telephone (303) 925-8080
Facsimile (303) 92 5-827 5
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Sec.10-101. Purposes.
Variances are deviations from the terms of the city's land -use regulations (Chapter
24) which would not be contrary to the public interest when owing to special
circumstances or conditions the literal enforcment of the provisions of Chapter 24
would result in undue and unnecessary hardship.
Sec.10-102. Authority.
The board of adjustment, in accordance with the procedures, standards and
limitations of this article shall approve, approve with conditions or disapprove a
development application for variance.
Sec. 10-103. Authorized variances.
Variances may only by granted from dimensional requirements and permitted uses.
This application requests a variance in one of the dimensional requirements
of Sec. 5-215(D)(1).
Sec. 10-104. Standards applicable to variances.
1. In order to authorize a variance from the dimensional requirements of
Chapter 24, the board of adjustment shall make a finding that the following three (3)
circumstances exist:
a. The grant of variance will be generally consistent with the purposes,
goals, objectives and policies of the Aspen Area Comprehensive Plan and
Chapter 24;
The intent of the Commercial /Retail Action Plan of the Aspen Area
Community Master Plan dated January 1993 is to "provide incentives for
managed strategic growth by locally serving commercial and office uses..."
The Stapleton's insurance company is one of the local services which has
already been forced out of the commercial core by raising rental rates. This is
a problem which is identified in the community plan as a concern which
should be addressed.
The purpose of the Office zone district is to provide for the establishment of
offices and associated commercial uses in such a way as to preserve the
1
visual scale and character of former residential areas that are now adjacent to
commerical and business areas, and commercial uses along Main Street and
other high volume thoroughfares. The proposed office building is consistent
with the intent of the zone district.
b. The grant of variance is the minimum variance that will make
possible the reasonable use of the parcel, building or structure; and
The grant of a variance is the minimum variance that will permit the
Stapletons to use their property in the same manner as the majority of the
neighboring property owners. Traffic has become so heavy on Main Street
that it is no longer attractive as a residential area, which was a contributing
factor in the City's previous decision to zone the area for Office use a number
of years ago.
C. Literal interpretation and enforcement of the terms and provisions of
Chapter 24 would deprive the applicant of rights commonly enjoyed by other
parcels in the same zone district, and would cause the applicant unnecessary
hardship or practical difficulty. In determining whether an applicant's right
would be deprived, the board shall consider whether either of the following
conditions apply:
i. There are special conditions and circumstances which are
unique to the parcel building or structures, which are not applicable to
other parcels, structures or buildings in the same zone district and
which do not result from the actions of the applicant; or
The special condition which is unique to the site is that it is 4,000
square feet in size, whereas a large majority of the ownerships in the
Main Street Office zone are 6,000 square feet or larger. The minimum
lot size was apparently established based on this large majority of
ownerships; however, the size of the Stapleton's parcel was established
well before the zone district standards were adopted, and not as a result
of any action by the owners after the adoption of the zone district
standards.
N
ii. Granting the variance will not confer upon the applicant any
special privilege denied by the Aspen Area Comprehensive Plan and
the terms of Chapter 24 to other parcels, buildings or structures, in the
same zone district;
As mentioned previously, the majority of neighboring property
owners in the Office zone presently use their property for commercial
and office uses, so the Stapletons will not be receiving a special
privilege denied to other parcels in the zone district.
2. In order to authorize a variance from the permitted uses of Chapter 24, the
board of adjustment shall make a finding that all of the following circumstances
exist.
a. Issuance of a building permit for the construction activity necessitating
the application for a variance.
A building permit is required for the construction proposed by the Stapletons.
b. Notice of the proposed variance has been provided to surrounding
property owners in accordance with Section 6-205(E)(4)(b) of Chapter 24.
Notice has been provided to all owners within 300 feet of the site.
C. A variance is the only reasonable method by which to afford the
applicant relief and to deny a variance would cause the applicant unnessary
hardship or practical
difficulty.
The grant of a variance is the only means of determining whether the
property can be used as an office use prior to undergoing historic review and a
commercial GMQS allocation process. In light of the time and expense
involved in these processes, to deny the variance would cause the applicant
unnecessary hardship and practical difficulty.
d. The temporary off -site storage or construction staging can be
undertaken in such a manner so as to minimize disruption, if any, of
normal neighborhood activities surrounding the subject parcel.
1
The size of the lot does not significantly affect the applicant's ability to stage
the construction. This is a problem which must be dealt with carefully
regardless of whether the lot is 4,000 or 6,000 sq. ft.
e. If ownership of the off -site parcel subject to the proposed variances is
not vested in the applicant, then verified written authorization of the parcel
owner must be provided.
The applicantion does not involve any off -site parcels.
f. Adequate provision is made to restore the subject parcel to its original
condition upon expiration of the variance, including the posting of such
financial security as deemed appropriate and necessary by the board of
adjustment to insure such restoration.
A site plan for the property will be included with the GMQS application for
the proposal which will establish the landscaping standard which will apply
to the site.
4
CERTIFICATE OF OWNERSHIP
in County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that STATE LIMITED LIABILITY COMPANY is the
owner in fee simple of the following described property:
THE EAST 10 FEET OF LOT R AND ALL OF LOT S, BLOCK 18, CITY AND TOWNSITE OF
ASPEN.
COUNTY OF PITKIN,
STATE OF COLORADO.
Subject to encumbrances, easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITKI COUNT LE, INC.
BY:
authoriz signature
CERTIFIED T0: 1, 1993 @ 8:30 A.M.
rro, .
Recorded :it 731 120 642 44
Reccption N
QUIT CLAIM DEEID
THIS DEED. M-ide this 2 2 nd '. - „t F,2bruary 1,191
toN%een DAVID E. STAPLETON and DON STAPLETOiv)
oil the *Counts of Pitkin and Slate of
C'Itinradcl. _rantorts).:uul STAPE LII•lITED LIABILI :' COMPANY
,.hose legal address 1s 533 E. Hopkins Av,'. , ASnen,
C(; 1.orn(1O n l ti 1 1
l' the Count> of h i tk i n and State (,f colorado, granteetfi).
r
wITMiSSET11. That the granmrty, for and m in con- ,l n� tthe tint, of 5 $ . 00 and c,ther good and
sufficient consideration DOLLARS
the receipt and sufficiency of which 1s herehs ackritmledged, ha rcnused. releaccd, sold, conveyed and QUIT CLAIMED. and by
these present% do renuse, release. sell. C-1\0 and QUIT CLAIM unto the grantcc}O, heirs, successors and assigns.
foRwrr, all the right. title. interest, claim and Jcmand (%high the grantow,) ha ve in and to the n 11 property, together with
improvements, ifany. situate. lying and bring in the G~,,nty of Pitkin and State of
Colorado. dewrihed as follow%:
4 The East 10 Feet of Lot P., and all of Lot S, Block 18,
City and `^ownsite of ASnen
also known by street and numhcr as: 702 Ills t ,Idin Street
ro H,\VIi A Nf) TO HOLD the .ante. together with all and singular the appurtenances and privileges (hereunto belonging or in
am wise thcreu uo appertaming, and all the estate• right, title, interest and claim wha(soever, of the granlor(s), either in law or equity, to
the only propc-usc. benefit and txhotil of the grantccls). heirs and assigns forever.
IN \b'1TNIiiS WHEREOF T he grantorst haVE2 executed this deed on the date set forth ahove.
I] . I (1 G . IQ
D(,n N. Strthl.!Lon
STATE OF
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The forr_oumemstntnlenl.sansackn(mIeduedheforrmethis » ? I,tvof F(,bruar" 1991
Dtivid C. St 7in1 ton ,-ind Don nl,)ton
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commiyw on expires I't Witness mN hand and official seal.
_ t�it, mber 17 , 1903,
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'If in I k•nver, insert -('in and '"
\,t �1,11. )2r•� i.%C. Ili 1r 1"I.,IxI ol111 ! I• „ ., t, ,.1h
Vincent J. Higens
President
IPITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
ASPEN, COLORADO 81611
303-925-1766 : 303-925-6527 FAX
300' OWNER'S LIST
Christina Davis
Vice President
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado, hereby certifies the following list is a current list
of property owner's within three hundred feet of the East 10 feet of Lot
R, all of Lot S, Block 18, City and Townsite of Aspen, as obtained from
the most current Pitkin County Assessors Tax Rolls.
NAMES AND ADDRESSES TAX SCHEDULE NUMBER
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PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF
AUTHORIZED SIGNATURE
LqC C. aw 9 3 - ?y-3