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HomeMy WebLinkAboutLand Use Case.700 S Galena St.GR-1976-02 .u6 n 41) . 80 KALORAMA CIRCLE,N.W. WASHINGTON, D.C. 20008 September 27, 1976 Commissioner Hal Clark Aspen Planning and Zoning Commission 130 South Galena Aspen, Colorado 81611 Dear Commissioner Clark: For a number of years I have been the owner of Lot 5 in the Tipple Woods Subdivision, a prime, undeveloped residential site located adjacent to the Little Nell ski run and above the Tipple Inn. I am writing both to protest the treatment that I have received as a landowner in your city and to ask for your help. After practicing law in Denver and Aspen for a dozen years , I moved my family to Washington in order to accept an appointment in the Federal Government -- I am presently Solicitor of the Department of the Interior. In the three years that I have been in Washington: (1) Pitkin County authorities granted a zoning variance on the lot immediately below mine which permitted the owner of that lot, Mr. Ronald Popiel, to increase the height of his house, sub- stantially blocking the view from my lot; (2) the lot was annexed to the City of Aspen; and (3) a house location siting was granted to Mr. Fred Hibberd on land adjoining my lot on the southwest. Each of these three actions has , in my view, substan- tially affected the value of my land and has adversely affected my flexibility in building on the lot. In not one of the three instances have I been advised, formally or informally, before or after the taking of these major governmental actions . I recognize that the first action was taken by county officials and did not involve the city, and that the two subsequent actions may have been taken in strict compliance with applicable laws and procedures. None- theless , as a taxpaying landowner I am left with the feeling that I have been treated in a high-handed and callous manner, with no regard having been given to my property interests by city or county officials . 2 I now understand that a prospective purchaser of the Hibberd property adjoining my lot is considering an attempt to obtain a revised house siting which will further diminish my property values. I would like to impose upon you for the answer to one question and with two specific requests : Question: Is it consistent with applicable laws and the policy of your city 's administration for such decisions concerning zoning variances , annexation, siting and permits to be made without consultation with landowners directly affected? Request: I request that your Commission staff make an earnest effort to advise me of any actions pro- posed from time to time under the building codes and zoning ordinances affecting land in the Tipple Woods Subdivision or the lands immediately adjoining that subdivision. Request: I would be grateful if you would provide me with a copy of the Siting Grant and related documents now on file with respect to the proposed development of the Fred Hibberd land, above the Durants, to the southwest of Tipple Woods Subdivision. I am relying upon the fact that the disadvantages of my temporary absentee ownership, caused by my service in Washington, can be ameliorated by a sympathetic and responsive city government. Very truly yours, / . H. Grvo ,Tustin j y' Yom'Y\J • r 8 October 26, 1976 ` h H. Gregory Austin 80 Kalorama Circle, N.W. Washington, D.C. 20008 Dear Mr. Austin: This letter is in response to your inquiry concerning the Hibberd property above Tipple Woods Subdivision. We have examined the Hibberd file for 8040 Greenline Review, and found the following: 1. Notice to surrounding property owners is not a=required procedure under 8040 Greenline Review, nor does annexation . to the City require notice to property. owners. 2. . The map en file of the residence site is a biieprint copy and not reproducable. The dwelling site °is�generally located directly: behind' Building A: of the Durant Complex. I. 3. We enclose a copy of a memo from the Planning Office to the Building Inspector which lists the conditions of 8040 r, rc Greenline approval of the Planning and Zoning;Commission. As of this date no permit has been issued to 'Mr. :Hibberd ' for this dwelling. We understand Condition- #1 has :not. been fulfilled. , 4. In 1975, the Hibberd property was drastically changed from AR-1 to the current Conservation Zone (6). . We regnett. you were not notified of these actions. I Sincerely, 1 /''PLrn7../(..,;g:(,,, . Harold Clark, Jr. Ladd Use Administrator HC/bk T.• enclosure _ I • 4b 1 . a. ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 MEMORANDUM TO: Clayton Meyring FROM: Planning Office (HC) RE: Hibberd 8040 Greeline Review DATE: July 21, 1975 At the July 15, 1975, meeting of the Aspen Planning and Zoning Commission the Hibberd 8040 Greenline Review request was granted approval conditional upon the following: 1. A transfer of the parking lot property owned by Hibberd • by fee simple title be executed by Mr. Hibberd. 2. A trail easement of 15 feet width be dedicated to the City of Aspen, and that the owner allow no impediment to the ski trail . 3. A covenant be drawn and recorded with title to the pro- perty y further development on this lot. cook,baTio r 4. That disturbed vegetation be returned to the present or better condition, and that all soils be stabilized by appropriate retaining methods to prevent erosion from the site. • • r ,k . P & Z 7-15-75 - -Motion Collins moved to table the application until they receive from Council a set of information that is acceptable to them and .also ' : & Z would like _ o see preliminary drawings instead of the final ones. Hunt seconded. All in favor, ,motion carried. Jenkins. closed ,the public hearing. -700 West Hopkins Mojo explained that this was the existing Madsen apartments on ; 6th &' Hopkins. The letters of reference are in order and the'. ,. engineering department has no comments on it. He stressed that -----i--4 - -. .. . this was an' already existing building. Council had been concerned . about the parking, that the present curb cuts remain and that there be no off-street parking. The Planning Office also had ' concerns that there be a retention of parking- and a six months ' . covenant on the units . He said that they had reservations about the curb cut but that Council felt this was a residential area. . Thelot across is vacant but could eventually be built on . It =_=,:p„ ,,,,_: -_ was also noted that annexation was complete at this time. Jenkins said he .objected when they wanted to create a continuous curb . cut because they only gain one parking space . Goodheim asked if _. _.- - there were 1 space- per unit with Jenkins noting it was an existing . v building and wouldn't have to conform with the present code on the parking. - Jenkins opened the public hearing, and there being no comments , closed it Notion Hunt moved to grant the preliminary subdivision with no engineering -limitations and a six months covenant on the leases . Collins seconded. All in favor, motion 'carried. • ark Circle Jenkins asked that it be noted he had stepped down as temporary chairman to give his presentation. Hunt was made acting chairman. ' ' Jenkins said this was Lot 12 , Park Circle North and there would / be 12 one-bedroom units . There was adequate narking on the ratio J per bedroom. It is zoned R/MF with density by right space e 0 f one s c P P of one bedroom for 1250 sq ft. It would be three stories and they - ' have satisfied all . the` requirements . Engineering has asked for _ power and communications on the lot which he has complied with. - - He 'showed them a floor plan with a possible change in that the - ' . "staircase may come .up a different way. The living room would - - . . be on the view side with rectangular windows in the bedroom. Mojo " wanted to point out .that this was a good contrast from Centennial -- ' .- - Park .since on the P lat it shows clearly that the unit couldn ' t be - changed to add another . bedroom.. Collins still questioned. the . • -contiguous parcels since both sides are mandatory PUD, and if , . ' one stands alone all must stand alone. - Dobie arrives . - Mojo explained that the project can stand on its own without other -- parcels and Jenkins only has to retain ownership of one of the units. He said he would like to see the units handled through - the Housing Authority. Jenkins said it .was his intention , regard- . less of the Authority, to covenant six months c r more leases . 'Mojo said that there would be a trail easement of 10 feet which • ' would be worked out with engineering and Jenkins explained. that it 'had been dropped-temporarily but he would covenant an- undefinite piece of land. Hunt opened the public hearing. There being no • comments, he closed the hearing. L.. :otion Goodheim moved to approve the preliminary plat conditional. upon a six months lease and 10 feet trail access . Dobie seconded . - All in favor, motion carried. • - Jenkins resumed his position as acting chairman and noted that - • they would change the agenda around to hear the 80/40 review, then Aspen Savings , and finally Callahan and Clarendon. :: "80/40 Greonline Mojo noted that according to the code, any property that comes -view - ithin 50 yards of the 80/40 line has to be reviewed by P & . Z. The :_iii.b e • , Iiibberd duplex would' be at the base of the 5th Ave. condominiums . , J Goodheim questioned whether the slope wasn ' t too much for. water . and sewer with Mojo stating that Dave Ellis says the water pressure ^z- . t t t .. -. I. . RECORD OF PROCEEDINGS 100 Leaves :eaular Meeting Planning and Zoning Commission July 15 , 1975 ,:0C4O, cont'd problem is not severe. Mojoalso. noted that applicant does have a parking: lot but has agreed to convey it to the condominiums - below. Mojo asked that if approval is given , three provisions • be included : 1) transfer to the Durant Condominiums the parking lot in fee simple; 2) there be a trail easement dedication; 3) that applicant be the ultimate developer on the lot. Iiibber.d noted that he has an emergency access but it is closed off curing the winter. It is a 40% slope but the ground is stable and he has had Chin and Associates investigate to make sure. Jenkins asked r Ellis to comment but Ellis said he had not seen the property but engineering-wise he felt it was possible to build on the slope. Abbott asked how the volunteer fire department felt about ` it and ilibberd , said that Chief Clapper felt it wouldn ' t be any • harder than getting to the 5th Avenue ' s . Mojo said that what they i had to .look at was : sufficient water pressure-, were there adequate f•. roads for fire, road maintenance , etc. dojo said they probably should get some imput from the Fire Marshall on that. Also they should look at suitability of ground (mud flows , avalanche 5 potential) , watershed problems and accessibility. Jenkins said that they had done an on-site inspection before and feelings had been at the time that it was too steep. IIibberd ; • said that they would have exits on all levels with adequa!: _ water t access to the house- noted that h had been cut. back by the ' zoning code and at 16 units , Chief Clapper had said it wonlc.hi ' t:. . problem. G 1 � ' ra was concerned over :c :nc;. provided for be a real e. ood.l�1 cone n,_ t t t t t the e -7 would be ,n •, t 1 i skis and Li.i.»crd noted tha _.._ roar. aul.c.i ..�� c.., t :e. loI t.1 side . where there would be a buildup of snow . -lotion Hunt moved to approve the review conditional that soil t ron.i.on s and vegetation replacement be restored to the present or better condition , the property that is a parking lot is . given to the Durant Condominiums in fee simple , trail easement dedication :be z given , this be the ultimate development on the property and no L impediments on the ski trail . Collins seconded . All in favor , . • except .for Abbott, who voted nay. Motion carried . .. u_.spen Savings &Kane reminded members that at last meeting they had discussed the _.Dan appropriateness of a Savings and Loan as a permitted use in the • commercial zone. Since then they have received a letter from . . Dick Meeker withdrawing the request to have a drive up window. • Jenkins explained that they did approve Real Estate offices as permitted but left .S E. L ' s as conditional . _U-office designation does permit Real Estate offices by right but S & L is condi. t.i.ona.l (. and they have to be reviewed by P s. 7.. .'his is also for c:cure t:.uaI II subcii.vision. Goodheim asked if this would be a condominium unit also with Kane replying in the affirmative . Jenkins Said that their hesitation was with generating more autos into t:hc core area but they had either been zoned or Mal led out of most areas . Kane noted that their major objection had been the full service with it more retail in character but with their withdrawal of the request: for the drive up window, the Planning ,Office was at i l d . _.:.t.i.on Hunt move to ' reco: . ._.nd to Council " t hat t ' c:. : ^t • 1 � i . . and Loan conceptual subdivi:icon and than the P i. grant condition- al use for them. Goodheim !seconded . All in favor , motion caLrl.ed . .Z.:all'ahan PUD Architects Fritz Benedict and Pat Maddalonc represented the request. icane noted that this was for Outline Development Plan and conceptual_ subdivi;ion . Kane said it would he a mixed. use on the Benedict property. Kane felt it inappropriate for the v P & Z to discuss until the two properties whose annexation }peti- tions had been submitted to Council , were accepted by Cc .ltic i ) . Last night ' s Council had tabled the petitions because no one had been there to' represent the project:. Kane also related that the -3- . • / . a [ ' k CITY F4SPEN aspen ,col�ora do;ai6 i box v MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Staff RE: Hibberd Duplex - 8040 Greenline Review DATE: July 10, 1975 This is a referral from the office of the Building Inspector pursuant to Section 24-6 . 5 of the City of Aspen Zoning Code for 8040 Greenline Review. Mr. Fred Hibberd has applied for a building permit for a dwelling unit on Lot 14 , Block 2 of the Anthony Acres Subidivision which is located above the 8040 Greenline. '1 fr) The Planning Office has the following comments: /7L�'Se��� K 1. Title to the property shall be restricted and analyzed for proper access and zoning consider- ations. 2. The affects of the development on the natural watershed, runoff, drainage, soil erosion and the consequent effects on water pollution should be analyzed. 3. The suitability of the site for development considering the slope, ground instability, and possibility of mud flow, rock falls and avalanche dangers should be examined by a person competent in such fields. 4. The site should be examined for possible involvement with the Community, desires for trail, and such trail plans incorporated in the site design. 5. A survey of the property is necessary for proper site analysis. s . qb , . . ... . . . ..„,:._ CITY OF,„.. ASPEN . aspern ,coTA o:rada, a 6111 box. v MEMORANDUM TO-: Aspen Planning and Zoning Commission . FROM: Planning Staff RE: Hibberd Duplex - 8040 .Greenline Review DATE: July 10, 1975 This is a referral from the office of the Building Inspector - pursuant to Section 24-6 . 5 of the City of Aspen Zoning Code : for 8040 Greenline Review. Mr. Fred Hibberd has applied for a building permit for a dwelling unit on Lot 14 , Block 2 of the Anthony Acres Subidivision which is located above the • 8040 Greenline. • ,...6104---4) The . Planning ffice has the following comments : Ss Y.. Title to the property shall be and . • analyzed for proper access and zoning consider- . . . - - ations. 2. The affects of the development on the natural . . watershed, runoff, drainage, soil erosion and - the consequent effects on water pollution should be analyzed. ' ' 3. The suitability of the site for development considering the slope, ground. instability, and possibility of mud flow, rock falls and avalanche dangers should be examined by a person competent in such fields. c/he site should be examined for possible involvement with the Community, desires for trail, and such • rail plans incorporated in the site design. . A survey of the property is necessary for proper sktr-analys'Z-c, , (4C,C.E5S * ? • 0 21 ? (!...1:1°17/Iti V • P- Ltiot6r(9( . (-lore. - - 06._,Iti ,,,ks 1 r ,— -,ortatiuco LJ LI I T ur At'tN — LUUN I I Ur I"L I MINI I, (.ULUKAUU qb_____. ADDRESS �a ' GENERAL t""-1 L' L . OF._JOB `South C�17 en CONSTRUCTION 1 it) ° PERMIT L: :-.-1 ' WHEN SIGNED AND VALIDATED BY BUILDING INSPECTION DEPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW. CLASS OF WORK: NEW D . ADDITION 0 ALTERATION 'D REPAIR D MOVED WRECK D OWNER The Durant NAME Fred Hibberd ADDRESS Box 1364 PHONE es LICENSE LICENSE NAME (AS LICENSED) Shaw Construction;. CLASS NUMBER I e • INSURANCE c,-, j, 'a south Tr- + J ., .. ADDRESS 1 :31 �_� ,_per_;ith PHONE _ I 0 SUPERVISOR Denver, Coloaddo �. u FOR THIS JOB NAME _DATE CERTIFIED I; .LEGAL Lot 14 Elk 2 . 1: _ " ;, DESCRIPTION LOT NO. BLOCK NO. ADDITION u3 L.rlof-.y Acres Sub, SURVEY ATTACHED❑ DESIGN A .- tic. I' BY BY Bruce EL-knell "PE No. II �a i - AREA (S.F.) 3 HEIGHT , NO. TOTAL ��"J� �v E STORIES 3 14 OCCUPANCY AT GRADE - (FEET) UNITS GROUP 'i; DIV. p .'BASEMENT F'" D GARAGE SINGLE D ATTACHED 0 TOTAL TYPE TO LL FIRE i UNPIN. D DOUBLE D DETACHED D ROOMS 56 CONSTR: V 1 Lid . ZONE' Ii DEPTH SIZE SPACING SPAN I BELOW Piers back FIRST AGENCY AUTHORIZED = DATE I, Z GRADE 7 1 1 FLOOR Trus joists 14x 22 BY I, 0 9 to BUILDING"° EXTERIOR a y . ``}_�, �. I- REVIEW Board of c. 6.,. o FOOTING 1 . 1 CEILING m SIZE ` 0 truss Joists 14 22 ZONING A-R1 ;z Z EXTERIOR CONC. 7 N•; ' o THICKNESS 12 MAS'Y ROOF Truss Joists 14 22 PARKING Li Y ty "-- JI. 9..11p Y' THICK I7 CAISSONS n ROOFING PUBLIC HEALTH1��3 1 .be SQJ_ �� E'..e oL' , SLAB ?.GP_BEAmS MATERIAL . Built Tap j� 1y LL MASONRY ABOVE ABOVE ABOJVE bldg. CaG;P1 LQ , I, ENGINEERING o . EXTERIOR THICKNESS IST FLR. -2ND FLR. .3RD FLR. )g ..--t') WALL &STUD SPACE SIZE 2 FF x IAgi FLR. 2NDVFLR. 2a4 3RD FLR. . . _ REMARKS Duoble t?alils . . . . -:' n is • r- 1: �- _ 1, y NOTES TO APPLICANT: - FOR INSPECTIONS OR INFORMATION CALL 925-7336 — - : FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR VALUATION �d COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY n /� �F ;: ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK 149,040.00 APPLIES. ° SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS,' PLAN T P 'C7' TOTAL FEE I!~ SWIMMING POOLS AND FENCES. . PERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. FILED f . . - REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. DOUBLE CHECK Li � ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. FEE CASH D $ 413 .25 ' THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED.E BUI DING DEPARTMENT i` PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY LAWS GOVERNING SAME. Il SIGNATURE / , OF 9 A.A.64 ce 11- -. APPLICANT: /� JAPPROA BY DATE -1 - DATE PERMIT NO. LICENSE ,l7 RECEIPTS CLASS I AMOUNT I THIS FORM IS A PERMIT ONLY , WHEN VALIDATED HERE w ,. ' /24/68 8A-79 . ;h. d 1 BUILDING DEPT. FILE COPY • e /L2 & 724 —r GENERAL ' $ South Galei Durant #2 (Cond) CONSTRUCTION x �" PERMIT 2 WHEN SIGNED AND VALIDATED BY BUILDING INSPECTION DEPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW. 1. ,L.ASS OF WORK NEW n ADDITION ❑ ALTERATION ❑ REPAIR❑ • MOVE ❑ WRECK ❑ '!-ry NAME Fred Hibberd _ _ADDRESS_ Box 1364 PHONE 925 7397 cs LICENSE LICENSE NAME (AS LICENSED) Shaw Construction , "Y,• ?CLASS A NUMBER 2433 ADDRESS Box 2100 Aspen � ; " rj PHONE 925 7397 ❑ . F. . ® SUPERVISOR „r.-z.,...`` `' Y FOR THIS JOB NAME Jim an'4._:. d) • - DATE CERTIFIED: LEGAL ' DESCRIPTION • LOT NO. 14 BLOCK NO. . 2 • ADDITION Anthony Acres Subd . . SURVEY ATTACHED❑ DESIGN • A Llc. BY G . Pessman BY Bruce Bicknell PE NO. B 499 AREA (S.F.) YX4 800 HEIGHT NO. TOTAL OCCUPANCY • AT GRADE both bldg . (FEET) 28 I STORIES 3 UNITS 12 GROUP H DIV. • BASEMENT FIN. 113 GARAGE SINGLE El ATTACHED❑ TOTAL TYPE FIRE UNFIN. ❑ no DOUBLE ❑ DETACHED❑ ROOMS 59 CONSTR. Frame ZONE II . DEPTH SIZE SPACING SPAN FIRST BELOW 81 AGENCY AUTHORIZED DATE I go GRADE FLOOR � YT<t1�A 2X10 at 16 12 '1011 BUILDING BY EXTERIOR REVIEW � j t,. Q •FOOTING . 1 1 811 CEILING �'1 (7 �y 2x12 16 'centers 12 ' 10” oN , ; Z EXTERIOR C C. ^ D FON. WALL 11 ROOF E ,;,,REVIEW I 1 NI ® THICKNESS MAS'Y same as ceiling ., ('Dx SLAB W 8(:9A.BEAMS O MATERIAL built up ( PUBLIC-HE•rTH TyJ MASONRY ABOVE ABOVE ABOVE n ENGINEER! EXTERIOR THICKNESSES {r I FLR. 2ND FLR. 3RD FLR. '`j WALL S SP\CE E X'i - 1ST FL NDVFLR.2 X4 at 16 ABOVE . 3RD FL -)1`•.` ``:,,i� =' . 7 I, i REMARKS WA- J C,Building must go before for height'.- arian< _. y-<,, ,3, • ; Illwners valuation $210:,000. C. en ative fee `-32 ` "j _ •F' f , CSC_ fee r.# . ;1 � ' - _ :: Bldg fee . $-��.._ NOTES TO APPLICANT: s Y ...i__ , _ .I FOR INSPECTIONS OR INFORMATION CALL 925-7336 '- d FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL R SPONSIBILITY FOR VALUATION (` II COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK - APPLIES. SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, PLAN T P TOTAL FEE SWIMMING POOLS AND FENCES. v PERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. FILED ,I REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. DOUBLE CHECK ❑ • t ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. FEE ❑ CASH ❑ THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED.❑ BUILDING DEPARTMENT PERMIT SUBJECT TO REVOC•TION OR SUSPENSION FO.t VIOLATION OF ANY LAWS GOVERNING SAME. p J . SIGNATURE / �J 5 -ao- 6 I OF APPLICANT: APPROVAL BY' DATE" ' i� l R THIS FORM S A PERMIT ONLY DATE PERMIT NO. LICENSE # RECEIPTS CLASS AMOUNT i WHEN VALIDATED HERE 3/19/69 9A - 44 • INSPECTOR'S COPY . . . . ' . I 1 . 1 H. .. 1 . ... i ,. ,. I . • , . 1 . . / . r•.--3 I . . . .{---J .4 ,, , , !,.... / i c-3 . . • . ; i 1 , . . . . , I , • ,, , . . . . . . . ■ ., , I . . • . 1 , .. • ! . , , . ! r rc....41 1. • --.1 k . , . f . 1 . , . , . . . 1 . . •; ... i • . . . 1 , 'f • i . 1 I. . . . . . • . 1 I t • . . . • ... i ..- • ■ 1 . . 1 , ) 1- / • . . . , . , , I .... . . . ----(311; / I I 17 I • I , . . . . . , ! . 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