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JOINT l'iEETING OF EIE CITY AXD COUNTY PLANNING AND
ZONING COMMISSIONS
October 9. 1962
The joint meeting of the City and County Planning and Zoning
Commissions took place at City Hall on Tuesday evening, October
9. 1962. Present were: Frank Humphrey, Fred Glidden, Jack
\valls, Ken Noore, Herbert Bayer, Fritz Benedict.
Nr. Gayer called the meeting to order at 7:45 P.M. He read
the minutes of the meeting of September 18th. Nr. Walls has
now sent all the maps to Mr. Weiner but is still trying to
obtain aerial photos of this atea. It was stated by Mr.
Humphrey that three persons from the State Health Department
were in town on the water problem. and that they would be
taken to the Sewage Plant on the following day. The minutes
were approved as read.
Mr. Bayer stated that the agenda was to consist of discussion
of the Hunter Creek project, the proposed MaD. and a letter of
Trafton Bean. However, there being visitors at the meeting,
he asked what their interest was and stated that the meeting
would open on that subject.
The visitors were Guy Drew of the Hobby Horse Motel, Bob
Shorey of the Agate Lodge, and J. Deckers of the Waterman
property. Ken Lutz of The Villa of Aspen would have been
there. but had been called to Denver. Mr. Drew spoke for the
group stating that they were interested in knowing the reasons
for changing their district from business to tourist zone.
They all felt it should remain business since they had all
paid higher prices for their property due to the fact that
it was zoned business and they had future projects in mind to
utilize this zoning. They felt it was unfair and discrimina-
tory to change the zoning at this time, after they had bought
property because of this designation.
Mr. Bayer explained that the area points to tourist trade and
that tourist businesses are allowed in a tourist area. Mr.
Moore felt that before the Zoning Commissions had made their
recommendations for this change, work should have been done
in the field, contacting property owners in the area to get
their feelings on such a proposed change. The entire group
felt that a string of filling stations along the road in that
area would be objectionable. Mr. Drew stated that he had re-
jected the offer of an oil company to put a station on part
of his property, but that the proposed station for The Villa
was both unusual and attractive and should be allowed. Mr.
Bayer stated that the procedure was for the Zoning Commissions
to make recommendations. These, in turn, are presented to
the City Council. It is then published in the newspapers
that there will be a public hearing on the matter. After
hearing the opinions of the citizens, and their objections,
the matter is considered and passed or rejected by the City
Council. This is the legal procedure.
Mr. Drew stated that this change. in effect, would lower their
property values thereby giving an advantage to lodge competitors
closer to town. by preventing them from conducting businesses
on their property, which would compensate for their locations
farther from town and the ski hill.
In answer to Mr. Shorey's question as to why the zoning was
being changed, Mr. Bayer explained that it had been business-
zoned only because of previously existing businesses that had
been, and are no longer, located there. Now. with increased
traffic, business zoning would constitute a traffic hazard.
Building to the edge of the road would be dangerous as far as
accident possibilities are concerned. when it was zoned
business, the Commission knew it would be a bad measure, but
was necessary because of the existing businesses. Zoning
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should be only concerned with community interests, not private
interests. It is more fair to all the people to have con-
tinuous zoning, not spot zoning, which this would be. Mr.
Walls pointed out that the opinions of the property owners
involved in the area under discussion would have a great deal
of weight with the City Council at the public hearing. Mr.
Bayer pointed out that a discussion of property values was
not in the realm of zoning, as it must necessarily have the
community point of view. Mr. 3enedice pointed out that this
change is not intended to create a hardship to property ownersn,
but that it would protect them from being surrounded by
possible filling stations, warehouses, dirty and noisey
"'_\Sin8~S"s, whicb ,,'ould devaluate their properties. Grocery
shops, ski shops, and other services incidental to the tourist
business would be allowed. Mr. Deckers stated that he had
not understood that any other than motels or apartment houses
would be allowed under tourist zoning. He said he thought the
Villa filling station and restaurant were beautiful and should
not be prohibited. It was suggested that the visitors obtain
copies of the Zoning Ordinances to study before attending the
public hearing on this matter, after which they departed.
Mr. Bayer then read a portion of the minutes which he had
omitted regarding the proposed Villa filling station, which
had been approved at the last meeting, subject to certain
conditions. This approval constitutes a recommendation to the
Board of Adjustmenw which has to pass on all filling stations
and which requests the opinion of the Zoning Commission before
so doing. It was felt that it would be better to approve
this particular station, if it met with all specified conditions,
than to allow any station later on which would not conform.
The Hunter Creek project was then discussed. Mr. Benedict had
indicated to the promoters of this project that if the Zoning
Commissions approved their project, he would grant them an
easement over his land for a road. One plan (Plan #3) was
tentatively approved, but is now changed. Further changes
indicated by the members of the Commissions should be requested
before final approval. However, after a great deal of dis-
cussion, it was felt that the project should be thoroughly
gone over with Nr. Weiner before any commitments of any kind
are made, despite the fact that the group wants to start the
road now. They have agreed to await Mr. Weiner's views. The
group felt that some manner of filing of plot plans should be
devised, with regard to subdivisions, to protect the area
from having it deviate from its original plan. There was a
suggestion that we adopt the Gunnison regulations for sub-
divisions. The Hunter Creek promoters have not made a formal
request for approval of its project, but Mr. Benedict is on
the spot personally with regard to granting the easement. Mr.
Bayer felt that we should have the services of an attorney
before doing anything at all on this. Mr. Glidden and Mr.
j=~yer will talk with Mr. Weiner on the matter, and also to
Mr. Delaney. Mr. Delaney should be consulted before Mr.
Benedict does anything with regard to the easement.
The question of the appropriation from RHEA for Mr. Weiner
was raised. It was suggested that Mr. Jim Smith lean on Mr.
Weaver on this matter. Mr. Humphrey is to call Mr. Smith the
following day on another matter and was asked to request
information on when a decision is likely to be made. However,
~Ir. Weiner is ready to start at any time. The questions were
raised as to whether he would hire Mr. Bean; when he would
start; and whether he would need local help. Stan J'ohnson
has requested permission to work with Mr. Weiner. The pre-
liminary plan for Aspen is supposed to take six months.
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The matter of a Mall was discussed and Richard Lai's letter
to the Aspen Times. Some thought it would be premature to
put in a Mall before Mr. Weiner had made his plan for the
city. Mr. Lai's letter implied that the Zoning Commissions
had done nothing about a Mall, but it has been proposed to
the City Council several times. It was stated that all of
the property owners on Cooper Street were in favor of it.
'fhere are, however, many questions, such as who would do this
job, parking facilities, contacting of property owners, access
for fire trucks. The question came up as to the timing for a
mall, and Mr. Weiner will be asked about this.
Mr. 8ayer stated that Hobin Molney, and many others, worry
about the looks of the town - the dirt, refuse, dust, and
also the mixture of buildings. He asked how to regulate
this. There is a proposal for an Architectural Review Com-
mittee now before the Council, which has been tabled. Zoning
is fine, but has not helped the appearance of the town. The
City Council is not an aesthetic group, it was stated. Per-
haps Mr. Weiner will be able to project such a neet. Mr.
Benedict suggested control by property owners in the form of
restrictive covenants, such as agreeing among themselves not
to sell to anyone proposing to build an A-frame.
Mr. Moore stated that the City Council is now drawing up its
budget and that now is the time for the Zoning Commission to
make its objection to the proposed dollar-a-day hudget for
this Commission, and propose the utilization of other services
for zoning matters. The group should set up its projects
as antidpated for the coming year as well as its routine work.
There being an enlarged amount of work, a part-time secretary
for Mr. Markalunas and the Zoning Commissions would be most
helpful.
Mr. Moore asked the opinion of the Commissions on the proposed
annexations of Riverside and Walderwood and what it would do
to the city. He also asked its opinion on the granting of
liquor licenses. Tom Crosby is going to make a test case,
relations with the State Highway Department are going to be
of great importance to Aspen, the Council was receptive to an
historical society. He asked that people attend the Council
meeting on the hudget and propose the hiring of a full-time
street cleaner. This year they propose $3,000 to maintain
the dump. What has heen the effect of covered sidewalks,
~8,000 has been allocated to renovate the Armory. This report
was with relation to the City Council.
The meeting was adjourned at 10:30 P.M.
Respectfully submitted,
Jack Walls, Secretary
Recorded by:
Bette Gallagher