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MEMORANDUM
TO: Aspen Planning & Zoning Commission
FROM: Karen Smith, Planning Office
RE: Conditional Use Application - Mountain Forge Building
DATE: April 28, 1978
This is an application for a conditional use for a shop
craft industry in the O- Office District. Specifically, the
application requests permission to locate and construct a
second story on the building now known as The Mountain Forge
and housing Francis Whitaker's blacksmith shop. The second
story would be used for the stained glass studio of Michael
Ohnmacht which fits the definition of shop craft industry.
The second story is also intended to house a small apartment
in which Mr. Ohnmacht would live. The location of the building
is next to the Quadrant Book Store on Hopkins Street.
Section 24 -3.2 of the Zoning Code provides that shop craft
industries will be a conditional use in the O- Office District
subject to the following conditions:
1. That they will be considered only for structures which
have received historic designation.
2. For no more than two such conditional uses in each
structure not including within such limitation
accessory dwelling uses recognized as moderate income
housing by an approved housing plan.
3. Only when off - street parking is provided with alley
access for those conditional uses along Main Street.
The third condition does not apply in this case because it is
not a Main Street location. If this use is approved, then there
will be two shop craft industries in the same building along with
an employee housing unit which is not included in the limitation
on two conditional uses within a structure. The condition that
the applicant receive a historic designation prior to applying
for the conditional use has been met by virtue of the fact that
Mr. Whitaker received a use variance from the Board of Adjustment
on March 23. Mr. Whitaker argued before that Board that since
his structure was not of historic merit as advised by the Planning
Office and Building Inspector, he could not receive historic
designation, and that, therefore, the application of this provision
of the Code was discriminatory. As you will recall, that list of
conditional uses in the O- Office District was primarily intended
to provide some economic uses for historic structures on Main
Street and therefore to promote their preservation. The Planning
Office supported the variance request on the grounds that it was
not necessarily the intent to preclude those same kinds of uses
in other parts of the District in structures that were were not
of historic merit.
Given that the matter may now be considered for conditional
use approval, the Planning and Zoning Commission must determine
whether the use is compatible with the objectives and other uses
of the O- Office District and compatible with adjacent land uses.
Aspen Planning & Zoning Commission
April 28, 1978
Page 2
The stated intent of the O- Office District is to provide for
the establishment of offices and associated commercial uses in
such a way as to preserve the visual scale and character of
formerly residential uses that now are adjacent to commercial
and business areas and along Main Street and other high volume
thoroughfares. Adjacent land uses include an historic residential
house at the corner of Hopkins and Monarch Street. To the west
is located the Quadrant Book Store in a small victorian building
and three other victorian -style houses on the same block. Across
the street is located a small park. The property is located
very close to the commercial core district which begins at
Monarch Street.
To determine the compatibility of this use with the objec-
tives of the district and with adjacent land uses, we will describe
some of the details of the proposal. The addition will consist
of some 1,215 square feet of enclosed space plus 150 square feet
of uncovered deck space. 315 square feet of the second floor
fwill be designated for use relative to the making of stained
glass leaving 900 square feet to be devoted to a two- bedroom,
two bath apartment. Michael Ohnmacht will, for the most time,
be the only person working in the studio area. Occasionally
one employee will assist in the work. The stained glass studio
is said to attract at a maximum only one or two persons per day
during peak winter and summer tourist seasons with virtually no
one visiting the studio during the off - season periods. The lower
number of visitors is due to the nature of the work as it is pri-
marily custom order work. Regular hours for the shop will be
9 -5, Monday through Friday. The application states that the type
of work does not require large shipments of goods or materials.
Copland, Hagman, Yaw as the architects are preparing the floor
plans and design of the building and plans will be available for
your Tuesday meeting. The existing one -story building is simple
in design and the addition it is stated will be similar.
The Planning Office recommends approval of the conditional
use application. Since the use will not generate a great deal
of congestion, we believe it will be compatible with the surrounding
residential uses and, furthermore, constitute a good transition
between the commercial core and neighboring residential areas.
There is, of course, another craftsman on the site and the use
there is generally recognized as one well integrated with its
neighbors. Beyond that, the proposal represents the ideal employee
housing situation. Mr. Ohnmacht will be housed at the same site
as his shop, and his shop will be located in close proximity to
the center of commercial activity in the town.
KS:mc
March 24, 1978
Aspen Planning and Zoning Commission,
130 South Galena St.,
Aspen, Colorado.
Ladies and Gentlemen, Re: Conditional use, Lot R. Block 74.
Yesterday the Board of Adjustments granted
a variance from the requirement that a conditional use- shop
craft industry - may be considered only for structures that have
received "Historic Designation" in the "0" Zone.
I wish to apply for approval by the Commission for a shop craft
occupation in a proposed second story on the existing Mountain
Forge Building. The second story will be designed to provide
both living and working space for Michael Ohnmaeht, a recognized
artist in stained glass. It will be substantially as shown on
the attached plans with the addition of a front flight of entrance
steps
In my opinion, this will provide an excellent use in a buffer
zone between_ commercial and residential. It will be residential
primarily, with a large studio- living room facing Hopkins Street.
This use is a quiet artistic one, with few customers for work
custom designed. It will not be a traffic generator, nor require
large shipments of goods or material. It would allow a recognized
artist to live and work on the same premises, minimizing the use
of the occupants automobile. It would be in keeping with other •
similar craftsmen in the same zone and block.
Mr. Ohnmacht has prepared a statement, and a portfolio of his
work, which is hereby included in this application.
I will be away from Aspen on a national blacksmith lecture and
demonstration tour from April 10 to May 14, 1978. If it is
possible to process this application in my absence, it would be
greatly appreciated, so that building may proceed this summer.
Mr. Ohnmacht will be available for any meetings required. I will
be glad to answer any staff question in advance,
Respectfully yours,
.A.6ew
Francis Whitaker
1265 West Bunny Court,
Aspen, Colorado,
81611.
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•
RECORD OF PROCEEDINGS 100 Leaves
lAW w e. G wotcwtl O. D. a L. CO. -
Regular Meeting Board of Adjustment March 23, 197E
The Aspen Board of Adjustment held a regular meeting on March 23, 1978, at 4:00
PM, in the City Council Chambers. Members present were Remo Lavagnino, Gil
Colestock, Fred Smith, Josephine Mann -and, Charles Paterson. Also present were
City Attorney, Dorothy Nuttall and John Stanford of the Planning Office.
•
•
Approval of Minutes Mann moved to approve the minutes of February 16, 1978,
• as presented, Colestock seconded. All in favor, motion
approved.
Case No. 73 -2, Colestock read the application. Application is made
Francis Whitaker for a building permit to build an addition to an exist-
ing building for use as a shop craft industry. The
existing building is in the "O" Office District. Shop
craft industry is a conditional use in the office district
and must be approved by the Planning and Zoning Commis -_
sion. Approval, however, cannot be given by the Planning
and Zoning Commission since conditional uses shall -onl -y
be considered for structures that have received histor-
ic designation.
Lavagnino asked Whitaker if he would like to table this
case to find out if historic designation is possible
• since there is an historic structure on the property.
Whitaker said that he understood that the building in
• which the. conditional use will be conducted must be the
• _ historic structure. He.dia not believe that he .could
obtain historic designation for his structure which is
• adjacent to the historic structure. Lavagnino said it
was the legal opinion of City Attorney, Dorothy Nuttall,
that parcels of land could be considered for historic
designation if a historic structure is on the land.
This was also John Stanford's opinion. 'Smith felt it
was an opinion from a legal person, not a legal opinion.
Whitaker said it was Meyring's opinion that it could
not be designated historic. He felt it discriminatory
for the code to permit historically designated structures
to have conditional uses in the 0-zone and not other
structures.
Smith said he felt Whitaker should go for a use variance.
Lavagnino said they have to look at the ordinance and
those ambiguous areas should be clarified by the City
• Attorney who had given her legal opinion. Mann said she
wanted to hear from Whitaker what approach he wants to
4 pursue. Whitaker said he did not feel historic desig-
• nation or a use variance was the proper course to take.
1 He felt the ordinance language was discriminatory and
1 a hardship. He felt his operation is a good transition
between the commercial core and the residential district.
Smith noted that the district was set up to protect the
old structures, although it does against
the newer structures.
The Board discussed the possibility of obtaining historic
designation on this property. They also discussed the
• - possibility of granting a use variance. Whitaker asked
if the uniqueness of the case could justify granting the
variance. Lavagnino said-that a hardship must first be
proven and that uniqueness and other such reasons were
"subguidelines" after a hardship had been proven.
•
Paterson said he was favor of granting this variance.
Colestock said he wanted Whitaker to finish his presen-
tation.
Regular Meeting Board of Adjustment March _,23, 1978
Whitaker said he felt his hardship was that he can not
do what someone in the same block can do because he does
not occupy a building that has been historically desig-
nated. His operation does not interfere with the GCP,
it is generally harmonious with the neighborhood, it
does not create alot of traffic, noise, etc. He is
requesting an exception from the requirement that the
structure must be designated historic. Paterson said
he felt this was sufficient grounds to grant this vari-
ance. Colestock said the hardship is not created by
the applicant: Strict application of the ordinance is
discriminatory and restrictive. He would be in favor of
granting the variance. Smith felt they should encourage
this use of this property since it A a good buffer
between the commercial and residential districts. He
did feel Whitaker should pursue a use variance but would
be in favor of granting this variance at this time.
Smith noted that if they grant the requested variance,
Whitaker would have to appear before the Planning and
Zoning Commission with a conditional use application.
Lavagnino said even though he was in favor of this use
in this building, he was not in favor of granting this
variance as presented. Whitaker asked Lavagnino how he
should have pursued this variance. Lavagnino said he ,
should have gone first to the HPC and if historic desig
natj.on was denied, then he should come to the Board of
• Adjustment.
Colestock moved to approve this application since strict
• application of the zoning is restrictive, discriminatory,
and thereby precludes property rights to the applicant
being afforded to and enjoyed by other property owners.
The zoning ordinance itself creates a unique hardship
• in this case. The granting of this variance will in no
way adversely affect the General.. Comprehensive Plan.
There have been no objections, written or present at
• this meeting, by surrounding property owners, Paterson
seconded. Roll call vote: Smith, aye; Mann, aye;
Paterson, aye; Colestock, aye; Lavagnino, nay. Motion
approved.
Whitaker asked if he was to appear before the Planning
and Zoning Commission for a conditional use permit.
Smith said yes.
• Paterson moved to adjourn the meeting, Colestock seconded
• All in favor, motion approved. Meeting adjourned at
5:30 PM..
Shery immen, Deputy City Clerk
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Copland Hagma - w Ltd Architects PO Box 2736 Aspen Color 81611 303 925 2867
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26 April 1978
Ms. Karen Smith
City of Aspen
Planning Department
130 S. Galena Street
Aspen, Colorado 81611
Dear Karen:
In response to your request for additional information relative to
the proposed second story addition on the existing Mountain Forge
building to be used for a stained glass studio/apartment, the following
is deemed appropriate based on Michael Ohnmacht's estimates and
actual dimensions of the proposed addition.
The addition is proposed at 1215 sq. ft, of enclosed space plus 150 sq. ft.
of exterior uncovered deck space. Of the enclosed space 315 sq. ft. is
designated for use relative to the making of stained glass, with the
remainder, 900 sq. ft. to be used for apartment space, which consists
of a living room, kitchen, two bedrooms and two baths, and entry foyer.
Principally, Michael Ohnmacht will be the only person working in the
studio area, and on occasions: a maximum of one employee will assist
in the work. The number of visitors is subject to seasonal variations;
maximums duri winter and summer tourist seasons runs low, by
estimate only 1 or 2 persons per day, thereby establishing this use as
one with extremely low walk -in trade and /or visitors. During off-
season periods, numbers of walk -ins are essentially non - existent.
The low numbers of visitors is due to the nature of the work; it is
primarily custom -order work, therefore not inducive to walk -in trade.
The hours for which the shop is open for business will be 9 -5 on week
days, normally, and will continue to focus, as in the past, on custom
designed stained glass for use in commercial and residential applications.
Copland Hagma0w Ltd Architects
Letter to City of Aspen
26 April 1978
Page 2
I hope this answers all of your questions relative to Michael's new
shop, and will provide any additional information you might request.
Yours truly
Copland Hagman Yaw Ltd
James T. Hagman
JTH:sb
Aspen /Pitki ' ; ;,j ning Office
130 so ` ' % 'l� .'',� .treet
II
aspen , 61611
April 13, 1978
Dear Property Owner,
There will be a conditional use hearing on the City Planning and Zon-
ing Commission's agenda May 2nd, 1978, at a meeting beginning at 5:00
p.m. in the City Council Chambers, City Hall, Aspen, to review an
application for a shop craft use in the Mountain Forge Building. De-
tails of the submission by Michael Ohnmacht are outlined in the attached
copy of his application. Any other relevant material may be examined in
the Planning Office, 3rd floor of City Hall or call 925 -2020, ext. 227
for further information.
Sincerely; ce
Karen Smith
Planning Director
KS /sr
enc.
MICHAEL OHNMACHT
STAINED -GLASS STUDIO P.O. BOX 1172, ASPEN, COLORADO 81611
303 - 925 -3134
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