HomeMy WebLinkAboutLand Use Case.610 E Hyman Ave.A076-00 CASE NUMBER A076-00
PARCEL ID# 2737-182-12004
CASE NAME 610 E. Hyman Ave Special Review for garage
PROJECT ADDRESS 610 E. Hyman Ave.
PLANNER Fred Jarman
CASE TYPE Special Review
OWNER/APPLICANT Charles Cunniffe Architects
REPRESENTATIVE Steven Dunn
DATE OF FINAL ACTION 9/5/00
CITY COUNCIL ACTION
PZ ACTION Reso. 39-2000
ADMIN ACTION
BOA ACTION
DATE CLOSED 10/16/00
BY J. Lindt
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Charles Cunniffe, 610 E. Hyman Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
610 East Hyman Avenue
Legal Description and Street Address of Subject Property
Variance for Trash Storage Area Size
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution#39-2000, 9/5/00
Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions)
September 16, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
September 17, 2003
Expiration Date of Development Order(The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 16th day of September, 2000, by the City of Aspen Community
D- lopment D'rector.
J Ann Woods, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: 610 East Hyman Avenue, by resolution of the Planning
and Zoning Commission numbered 39 series of 2000. For further information contact
Julie Aim Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St,
Aspen, Colorado (970) 920-5090.
s/City of Aspen Account
Publish in The Aspen Times on September 16, 2000
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Resolution No. 39
(SERIES OF 2000)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING SPECIAL REVIEW FOR A VARIANCE FROM TRASH/
UTILITY STORAGE SPACE REQUIREMENTS AS PART OF A PROPOSED
GARAGE ADDITION LOCATED ON THE REAR OF THE EXISTING OFFICE
BUILDING AT 610 EAST HYMAN STREET, ASPEN, COLORADO.
Parcel No. 2737-182-12-004
WHEREAS,the Community Development Department received an application
from Charles Cunniffe, represented by Steve Dunn, for Special Review for a variance
from trash/utility service area requirements as part of a proposed garage addition located
on the rear of their existing office building at 610 East Hyman Street, Aspen, Colorado;
and
WHEREAS, the subject property is located in the Commercial (C-1) Zone
District; and,
WHEREAS,pursuant to Section 26.430 of the Aspen Municipal Code, the
Planning and Zoning Commission, in accordance with the procedures, standards, and
limitations of this Chapter, shall by resolution approve, approve with conditions, or
disapprove a development application for Special Review, after recommendation by the
Community Development Department; and
WHEREAS,the Community Development Director has reviewed the application
and recommended denial for Special Review for a variance from trash/utility service
area requirements as part of a proposed garage addition located on the rear of their
existing office building; and
WHEREAS,the Planning and Zoning Commission has reviewed and considered
this Special Review for a variance from trash/utility service area requirements as part of
a proposed garage addition located on the rear of their existing office building under the
applicable provisions of the Municipal Code as identified herein,has reviewed and
considered the recommendation of the Community Development Director, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the Planning and Zoning Commission finds that this Special Review
for a variance from trash / utility service area requirements as part of a proposed garage
addition located on the rear of an existing office building meets or exceeds all applicable
land use standards and that the approval of the variance, with conditions, is consistent with
the goals and elements of the Aspen Area Community Plan; and,
WHEREAS,the Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare; and,
WHEREAS, during a duly noticed public hearing at a regular meeting on
September 5, 2000, the Planning and Zoning Commission, approved a Special Review
for a variance from trash/utility service area requirements as part of a proposed garage
addition located on the rear of their existing office building at 610 East Hyman Street,
Aspen, Colorado, with conditions, by a unanimous vote of four to zero (4—0).
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND
ZONING COMMISSION OF ASPEN, COLORADO,THAT:
Section 1:
The Aspen Planning & Zoning Commission does hereby approve a Special Review for a
variance from trash/utility storage space requirements as part of a proposed garage
addition located on the rear of their existing office building at 610 East Hyman Street,
Aspen, Colorado with the following conditions:
1. That the applicant shall create and maintain an adequate access way between the
proposed garage and western lot line with a minimum width of 49" in order to
allow the passage of a dumpster from the alley to the trash/utility service area
located directly behind the Charles Cunniffe building;
2. That the applicant reduce the proposed three car garage to a two car garage
alleviating adequate space to access the trash/utility service area from the alley;
3. That the applicant receives approval from the City Engineering Department for
design of improvements. This includes grading, drainage, transportation, streets,
landscaping, and encroachments within public right of way;
4. That the applicant receives approval from the Streets Department for mailboxes,
finished pavement, surface materials on streets, and alleyways;
5. That the applicant submits a drainage report. The site development approvals
must include the requirement meeting runoff design standards of the Land Use
Code Section 26.580.020(A)(6)(a). Further, prior to the building permit
application, the applicant submit a drainage mitigation plan(24"x36" size plan
sheet or on the lot grading plan)to meet the requirements of the Engineering
Department Interim Design Standards for review and approval by the Engineering
Department;
6. That drainage onto the public right-of-way is restricted pursuant to City of Aspen
Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way
Restricted. Due to lack of open space on the property and the abundance of
impermeable surface, all drainage must be retained onsite. All roof drains,
foundation drains, and building guttering systems must be contained on site via
dry wells; and
7. That all proposed improvements including landscaping and street cuts to the
public right-of-way must be approved by the City of Aspen Engineering
Department and must adhere to the latest version of the City of Aspen Interim
Design and Construction Standards.
Section 2:
All material representations and commitments made by the applicant pursuant to
the development proposal approvals as herein awarded, whether in public hearing
or documentation presented before the Planning and Zoning Commission, are
hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause,phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof
Section 5:
A duly noticed public hearing on this Resolution was held on the 5th day of September,
2000, at 5:00 in the Sister Cities Room, Aspen City Hall, Aspen, Colorado.
APPROVED by the Commission at its regular meeting on September 5, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
C:\My Documents\Current Cases\Special Review\610 E Hyman Special review\610 E Hyman Memo.doc
City of Aspen
Fa)(
To: Charles Cunniffe From: Fred Jarman
Fax: 925.5076 Pages: 2
Phone: Date: 9/6/00
Re: Affidavit for hearing CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑Please Recycle
• Comments:
Hi Charles,
Congratulations on your success at the Planning and Zoning Commission public hearing last night. I
am in need of a signed and stamped Affidavit from you so that we can get you a Development Order. I
am attaching an Affidavit for you to complete. You already gave me the picture and we'll take care of
that. Just send it back to me so I can get it to the Clerk. Thanks.
Let me know if you have any questions.
Fred 920.5102
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} ss. TO ASPEN LAND USE REGULATION
State of Colorado } SECTION 26304.060 (E)
I, • ,being or representing an
Applicant to the City of Aspen,personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid
U.S. Mail to all owners of property with three hundred (300) feet of the subject
property, as indicated on the attached list, on the day of , 199_(which is
days prior to the public hearing date of 1.
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that the said sign was posted and visible continuously
from the day of , 199_. (Must be posted for at leaf: ten (10) fall
days before the hearing date). A photograph of the posted sign is attached hereto.
Signature
(Attach photograph here)
Signed before me this day
,199_by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
Notary Public's Signature
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Develo ment Director
Joyce Ohlson, Deputy Director
FROM: Fred Jarman, Planner 6 •
RE: 610 E. Hyman St. Special Review for Trash/Utility Service Area
DATE: September 5, 2000 (Continued from 8/15/00)
APPLICANT: Charles Cunniffe ALLEY"' BLOCK 99
LOCATION: Lot M, Block 99, City and
Townsite of Aspen 7yv
PARCEL ID: 2737-1 82-12-004
AP"
arage
ADDRESS: 610 East Hyman Street, r
Aspen Colorado 81611 Trash area j�` • ww
11111 r^
ZONING: C-1 (Commercial)
CURRENT LAND USE: Professional Office 1111111
L.01
PROPOSED !
LAND USE: Professional Office "
LOT SIZE: 3,000 sq. ft.
NET LEASABLE SPACE: 2,924
r'/y5
FAR: Existin 2 582.5 sq. ft. t
Kai
Allowable: 3,000 sq. ft
Location of proposed garage addition and
utility/trash storage area.
REQUEST:
The applicant requests a variance to reduce the trash/utility service area requirements for the
rear of an existing office building to accommodate a three (3) car garage addition.
REVIEW PROCEDURE:
The Planning and Zoning Commission shall by resolution approve, approve with
conditions, or disapprove a development application for Special Review, after
recommendation by the Community Development Department.
STAFF COMMENTS:
The applicant, Charles Cunniffe of Charles Cunniffe Architects, requests Special Review for
a variance to reduce the trash/utility service area requirements for the rear of their existing
office building to accommodate a proposed three car garage addition. The applicant requests
this variance to accommodate a three car garage which would cover the existing off-street
parking area located off the alley directly behind the office building. The roof over the
garage would extend to the northern property line (alley)to provide cover for the existing
pathway to the rear entry and trash/utility service area. This proposed pathway is 41"wide.
The proposed garage extends to the north property line abutting the alley. The proposed
garage will be built fully to the eastern property line. The proposed 41"pathway access to the
back door, patio, and trash service area will extend along the west property line and be
enclosed with a half wall extending from the existing building to the alley and covered with
the garage roof extension as indicated on the site plan.
Staff review and discussion held that even though the current permitted use as a"professional
office"use in the C-1 Zone District does not generate enough waste to require a larger trash/
service area at the present time, any future change in the permitted or conditional use of the
building such as a Food Market, Service Commercial Establishments (Catering), or
Restaurant would be encumbered by not being able to provide the required adequate trash/
utility service area needed because of the locked-in situation created by this proposed
development. Further, Staff indicated that the applicant could reduce the garage to a two car
garage alleviating adequate space to access the trash/utility service area.
STAFF RECOMMENDATION:
Staff recommends denial of the variance from trash/utility service area requirements as part
of a proposed garage addition located on the rear of the Charles Cunniffe office building at
610 East Hyman Street, finding that the Review Standards have not been satisfied.
ALTERNATE STAFF RECOMMENDATION:
Staff recommends approval allowing a variance from trash/utility service area requirements
as part of a proposed garage addition located on the rear of the Charles Cunniffe office
building at 610 East Hyman Street with the following conditions:
1. That the applicant reduce the proposed three car garage to a two car garage alleviating
adequate space to access the trash/utility service area from the alley;
2. That the applicant receives approval from the City Engineering Department for design
of improvements. This includes grading, drainage, transportation, streets,
landscaping, and encroachments within public right of way;
3. That the applicant receives approval from the Streets Department for mailboxes,
finished pavement, surface materials on streets, and alleyways;
4. That the applicant submits a drainage report. The site development approvals must
include the requirement meeting runoff design standards of the Land Use Code
Section 26.580.020(A)(6)(a). Further, prior to the building permit application, the
610 E Hyman Memorandum Page 2
applicant submit a drainage mitigation plan (24"x36" size plan sheet or on the lot
grading plan)to meet the requirements of the Engineering Department Interim Design
Standards for review and approval by the Engineering Department;
5. That drainage onto the public right-of-way is restricted pursuant to City of Aspen
Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way
Restricted. Due to lack of open space on the property and the abundance of
impermeable surface, all drainage must be retained onsite. All roof drains, foundation
drains, and building guttering systems must be contained on site via dry wells;
6. That all proposed improvements including landscaping and street cuts to the public
right-of-way must be approved by the City of Aspen Engineering Department and
must adhere to the latest version of the City of Aspen Interim Design and
Construction Standards; and
RECOMMENDED MOTION:
"I move to approve Resolution No. , Series of 2000 for Special Review of a variance from
trash/utility service area requirements as part of a proposed garage addition located at the rear
of the Charles Cunniffe Architects office building at 610 East Hyman Street with the conditions
in the draft resolution."
CITY MANAGER:
ATTACHMENTS:
EXHIBIT A -- REVIEW CRITERIA, STAFF FINDINGS
EXHIBIT B -- ORTHO PHOTO OF PARCEL 2737-182-12-004
EXHIBIT C -- PHOTO OF EXISTING SPACE FOR THE PROPOSED GARAGE
EXHIBIT D -- APPLICATION LETTER
EXHIBIT E -- RESOLUTION No. , SERIES OF 2000
610 E Hyman Memorandum Page 3
EXHIBIT A
REVIEW CRITERIA& STAFF FINDINGS
SECTION 26.575.060 UTILITY/TRASH SERVICE AREAS
A. The following provisions shall apply to all utility/trash service areas:
1. All utility/trash service areas shall be fenced so as not to be visible from
the street, and such fences shall be six (6) feet high from grade. All fences
shall be of sound construction and shall be no less than 90% opaque.
STAFF FINDING:
The proposed utility / trash service area will be screened from the street by the nature of the
proposed covered walkway, back wall of the proposed garage, and half wall which forms a
41" wide pathway to the proposed utility / trash service area. There is no need for a fence in
this case as the area will be unseen from the alley.
2. Whenever this Title shall require that a utility / trash service area be
provided abutting an alley, buildings may extend to the rear property line
if otherwise allowed by this title provided that an open area be provided
which shall be accessible to the alley, and which meets the dimensional
requirements of Chapter 26.480.
STAFF FINDING:
The proposed (7'-10" x 6'-11") utility / trash service area does not abut the alley however, it
is provided with a pathway open to the alley. Staff finds, pursuant to this criterion, that
buildings may extend to the rear property line provided that an open area is provided which
shall be accessible to the alley. However, the applicant proposes a pathway that is 41" wide
to access the open area. However, staff finds this proposed pathway width is too restrictive
for other future permitted and conditional uses, which might occupy the space and generate
much more waste than the current use. Staff finds that the proposed development does not
meet this criterion.
3. A minimum of fifteen (15) linear feet of the utility / trash service area
shall be reserved for box storage, utility transformers or equipment, or
building access, and a minimum of five (5) linear feet of the utility/trash
service area shall be reserved for trash facilities, unless the dimensions of
the area are authorized to be reduced by the Planning and Zoning
Commission by special review (see Chapter 26.430) and in accordance
with the standards set forth below at Section 26.575.060(B).
STAFF FINDING:
The applicant pursuant to the Land Use Code is required to provide 1.5 spaces for every
1,000 square feet of net leasable area. The building currently contains 2,924 sq. ft. of net
leasable space that equates to required provision of 4.3 off-site parking spaces. The
placement of the required minimum of fifteen(15) linear feet would not allow the applicant
to provide the existing off street parking, thereby creating hardship. Staff finds the existing
610 E Hyman Memorandum Page 4
provision of three off-street parking spaces, which will remain as part of this development,
could be accommodated with a reduction in this fifteen(15) linear feet requirement while
allowing for an adequate utility/trash service area.
B. Review standards for reduction of dimensions. The Planning and Zoning
Commission may reduce the dimensions of a utility /trash service area by following the
special review procedures set forth at Chapter 26.430 if:
1. There is a demonstration that given the nature of the potential uses of the
building and its total square footage, the utility / trash service area proposed to
be provided will be adequate.
STAFF FINDING:
Staff finds the proposed utility/trash area is inadequate. The building is owned and occupied
by Charles Cunniffe Architects, which contains eleven (11) employees. Currently, the
cleaning service employed removes trash and recycling from the site essentially eliminating
the need for an exterior trash storage area. Staff finds that even though the current permitted
use as a"professional office"use in the C-1 Zone District does not generate enough waste to
require a larger trash/service area at the present time, any future change in a permitted or
conditional use of the building such as a Food Market, Service Commercial Establishments
(Catering), or Restaurant would be encumbered by not being able to provide the required
adequate trash/utility service area because of the locked-in situation created by this
proposed development. Further, Staff indicated that the applicant could reduce the garage to a
two car garage eliminating the west wall of the garage enlarging the access to the utility/
trash area.
2. Access to the utility/trash service area is adequate.
STAFF FINDING:
The proposed development provides three ways of access to the utility I trash service area:
1) a 41" wide covered pathway from the alley, 2) the existing rear entry of the building,
and 3) a lower level door on the basement level opening to the existing light well area
which is adjacent to the utility / trash service area. Staff finds this development provides
inadequate access to the utility / trash service area via the 41" pathway which would
encumber future uses from providing adequate space to the area.
3. Measures are provided for enclosing trash bins and making them easily
movable by trash personnel.
STAFF FINDING:
Staff finds that even though the current permitted use does not generate enough waste to
require a larger trash/service area at the present time therefore requiring minimal trash bins
easily maneuvered through the 41"pathway, any future change in a permitted or conditional
use could be encumbered by not being able to provide the required adequate trash/utility
service area or access because of the locked-in situation created by this proposed
development.
610 E Hyman Memorandum Page 5
4. When appropriate, provisions for trash compaction are provided by the
proposed development and measures are taken to encourage trash compaction
by other developments on the block.
STAFF FINDING:
Staff finds that trash compaction is not necessary for this development.
5. The area for public utility placement and maintenance is adequate and
safe for the placement of utilities.
STAFF FINDING:
Utility meters will be easy and safe to read by the personnel from access from the rear entry
door and the pathway from the alley.
6. Adequate provisions are incorporated to ensure the construction of the
access area.
STAFF FINDING:
The proposed access to the area from the alley and existing rear entries will remain open.
However, staff finds it to be too restrictive for potential future use.
610 E Hyman Memorandum Page 6
EXHIBIT B
PHOTO OF PARCEL: 2737-182-12-004
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610 E Hyman Memorandum
EXHIBIT C
PHOTO DOCUMENTATION OF EXISTING SPACE
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Southerly View showing cars in the rear of the Charles Cunniffe office building located at 610 East
Hyman Street where the proposed three-car garage will be located.
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Southerly view of the rear entrance to the office Existing light well/patio adjacent to the rear of the
building. Trash/Utility Service Area is proposed in office building and served by a basement door.
adjacent to this entrance.
610 E Hyman Memorandum Page 8
CHARLES CUNNIFFE ARCHITECTS
610 E HYMAN
ASPEN CO
81611 CA
TEL 970.925•5590
EXECUTIVE
FAX 970.925.5076
ARCHITECTURAL
FAX 970.923•4357 CHARLES L.CUNNIFFE, ALA
W W W.CUNNIFFE.COM
PRINCIPAL/CEO
•
June 14, 2000 JANVER C.DERRINGTON,AIA
PRINCIPAL
Nick Lelack
City of Aspen
Panning Department
Dear Nick:
Subject:Special Review
The proposed 610 building project is to add a garage behind Charles Cunniffe Architects office building at 610 East
Hyman Ave. We are proposing to enclose the existing off street parking adjacent to the alley, create a covered
pathway to provide access to existing rear egress from the office building and use the unheated basement space
below the garage as storage. The development complies with Commercial (C-1) zoning in that it will not change
the use of the property, the height limit will not be exceeded, the lot will remain greater than 25% open space and
the external floor area ratio will remain unchanged.
We seek a variance to supplemental regulation 26.575.060, utility/trash service areas. This section has three
requirements of the area:
1. A minimum of six foot high fencing is installed for visual screening from the street;
2. The utility/trash service areas abut an alley and; •
3. A minimum of fifteen linear feet be reserved for the area with a minimum of five feet be reserved for the trash
facilities.
The proposed utility/trash service area will be screened from the street. The proposed (7'-l0"x 6'-1 1") utility/trash
service area does not abut the alley however, it is provided with a pathway open to the alley. If the area is to
comply with the fifteen linear foot requirements, we would be unable to provide the existing off street parking,
thereby creating hardship.
Review standards, to which we comply, for the reduction of utility/trash service area are:
1. The area is adequate. The building is owned and occupied by Charles Cunniffe Architects. The cleaning
service employed removes trash and recycling from the site essentially eliminating the need for a trash area.
2. Access to the utility/trash service area is adequate. The pathway to the existing rear entry to the building is
adjacent to the trash area.
3. The trash bins, located behind the proposed garage, will be screened from view of the public way and bins will
be purchased with wheels for ease of mobility.
4. Trash compaction will not be necessary.
5. Utility meters will be easy and safe to read by personnel.
6. Access to the area will remain open to the existing rear entry as part of the proposed.development.
Two variances are on record at the clerk's office. While both are in the commercial core zoned district, there is
precedence for granting a variance for the reduction of a utility/trash service area. For more information regarding
each case, please see the attached or case files for, 78-8, Mazza, Anthony J., 434 E. Cooper Street, Lot K, Block 87,
City of Aspen; 79-1, Fliesher, Donald J., Tom Thumb Building, 400 E. Hyman, Lots K & L, Block 88 City of Aspen.
Respectfully,
11.4 ja pi al on hol I f•
Charles Cunniffe, AIA
ARCHITECTURE • PLANNING • INTERIORS
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F , NY
I . SITE PLAN NUF
1” a 2O'
610 BUILDING CHARLES CUNNIFFE ARCHITECTS C
■
610 E.HYMAN CA
, ASPEN.COLORADO
131 &crier sf
Pursuant to the provisions of the Zoning Regula-
tions of the City of Aspen, a building constructed in the
commercial core area is required to have a 30' x 10' x 10'
trash access area. It is the contention of applicant that
this requirement when applied to this particular lot would
create a hardship.
Applicant intends to build a three story building,
1/2 story of which shall be below grade and 2-1/2 stories
shall be above grade. Due to the fact that applicant is in
the Main Street view plane, applicant would not be able to
construct a three story building above grade due to the afore-
mentioned view plane. The only way applicant could build a
three story building would be to place a 1/2 story below grade,
as planned, or a full story below grade. By placing a full
story below grade, applicant would be forced to increase the
length and dimension of the stairways and stairwells neces-
sary to provide access to the lower level (see plans tendered
herewith) , thereby creating less greenery in the open space
(corner of Mill Street and East Hopkins) . Furthermore, due
to the grade of this lot, to construct a floor below grade,
applicant would have to excavate approximately 1-3/4 stories
below grade. The depth of said below-grade story would
markedly increase the number of steps in the open space area
(the computation of stories (feet) below grade and increased
number of steps in the open space caused by placing a story
below grade will be fully explained by our architect, Welton
Anderson, at the public hearing) . Also, due to the grade of
the lot, the placement of 1/2 or 1 full story below grade would
necessarily delete 300 square feet of buildable space from
each of applicant's first 2 stories (this will also be fully
explained by Welton Anderson at the public hearing) . It is,
therefore, the contention of applicant that from an aesthetic
and practical point of view, a building 1/2 story below grade
and 2-1/2 stories above grade would be best suited for this
piece of property.
The reason for the aforementioned three stories is
twofold:
(1) In order to achieve a 1:5 to 1 F.A.R. , or 4500
square feet, applicant has to incorporate a
third floor when considering the open space and
trash access area requirements. Pursuant to
present regulations, applicant would only be
allowed to construct 1950 square feet on each
of the first two floors. Therefore, a third
story is mandated.
(2) Applicant desires to provide two units of
employee housing. In order to do so, a third
floor is required. To comply with existing
requirements, applicant can only place 1950
square feet on each of the first two stories.
Applicant, in order to construct two employee
housing units, would have to construct 2100
square feet on the third floor. By virtue of
adding the extra square footage to the third
story, which addition is necessitated by cur-
rent regulations, applicant would be forced
to provide a second stairway and hallway to
the top floor. This requirement would effec-
tively preclude construction of employee
housing on the top floor because same would be
rendered architecturally unfeasible.
It is, therefore, the contention of applicant that
a hardship is created by virtue of the trash access area
2.
requirement and that a variance should be granted, and in
fact is mandated, namely, reduction of the required trash
area to a square footage which would facilitate trash storage
and trash removal on applicant's land. Such a variance would
provide more retail space on the two lower stories and per-
mit applicant to construct a top floor with square footage
which would not require a second stairway to the top floor,
thereby permitting applicant to construct two employee housing
units on the third story. If a variance were not granted, an
additional hardship would be created with reference to the
building due to the fact that the two lower levels of appli-
cant's building would lose 300 square feet of retail space
per floor due to the present trash access area requirement
when coupled with the view plane requirements and grade of
the lot.
3.
January 10 , 1979
Mr . Clayton Meyring
Board of Zoning Adjustment
City of Aspen
City Hall
Aspen, Colorado , 81611
Re : Tom Thumb Project
Dear Mr . Meyring:
The proposed Tom Thumb Building Project is comprised
of approximately 6 , 500 s . f. of renovated existing
building space and approximately 5 , 400 s . f. of new
Dcr id construction, of which 1 , 900 s . f . is devoted to
employee housing . The project is located in the CC
IIeisI- €r Zone and is within a Historic overlay district .
3ji JF We seek variance to Section 24- 3 . 7 (h) (4) of the
�� zoning code which basically requires that the entire
te length of the building adjacent to the alley be
devoted to covered trash access (loft . high and 10
ft. deep) .
As denoted in the project plans , an area 30 ft . long
(by the code requirement height and width) has been
provided exclusively for trash storage and access .
By any standards of trash generation and normal refuse
pick up for a commercial/residential building of this
size the dimension requested is more than adequate .
This project has been reviewed by various agencies
required for Growth Management Plan (GMP) approval
in 1978 . In response to a concern of the Historic
Preservation Committee the refuse area was moved
inward from the alley intersection with Mill Street
to nullify the negative visual effect of refuse near the
street (pedestrian view) and to achieve visual continuity
with nearby buildings who similarly did not locate
refuse areas adjacent to street/alley intersections .
The building was subsequently planned under this
criteria. The written report from the HPC (Sec . 24-9 . 15)
prior to Board of Adjustment action on this request
should verify this concern.
We request approval of this variance on the grounds that
it will result in a reasenable use of the land, building
and structure consistant with the intent of the zoning -
code and HPC and that the GMP approval constitutes a
special condition that did not apply to other properties
620 East Hyman Avenue•Aspen,Colorado 81611•Telephone:(303)925-2122
• January 10, 1979
Mr . Clayton Meyring
Page 2
in the vicinity.
Respectfully submitted
/4-40-1201 961-141-6
Donald J . Fleisher
for
Aspvail Investments
•
EXHIBIT E
Resolution No.39`.
(SERIES OF 2000)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING SPECIAL REVIEW FOR A VARIANCE FROM TRASH/UTILITY
STORAGE SPACE REQUIREMENTS AS PART OF A PROPOSED GARAGE
ADDITION LOCATED ON THE REAR OF THE EXISTING OFFICE BUILDING
AT 610 EAST HYMAN STREET,ASPEN, COLORADO.
Parcel No. 2737-182-12-004
WHEREAS,the Community Development Department received an application from
Charles Cunniffe, represented by Steve Dunn, for Special Review for a variance from trash/
utility service area requirements as part of a proposed garage addition located on the rear of
their existing office building at 610 East Hyman Street, Aspen, Colorado; and
WHEREAS, the subject property is located in the Commercial (C-1) Zone District;
and,
WHEREAS,pursuant to Section 26.430 of the Aspen Municipal Code, the Planning
and Zoning Commission, in accordance with the procedures, standards, and limitations of
this Chapter, shall by resolution approve, approve with conditions, or disapprove a
development application for Special Review, after recommendation by the Community
Development Department; and
WHEREAS,the Community Development Director has reviewed the application and
recommended denial for Special Review for a variance from trash/utility service area
requirements as part of a proposed garage addition located on the rear of their existing office
building; and
WHEREAS,the Planning and Zoning Commission has reviewed and considered this
Special Review for a variance from trash/utility service area requirements as part of a
proposed garage addition located on the rear of their existing office building under the
applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendation of the Community Development Director, and has taken and considered
public comment at a public hearing; and,
WHEREAS, the Planning and Zoning Commission finds that this Special Review for a
variance from trash / utility service area requirements as part of a proposed garage addition
located on the rear of an existing office building meets or exceeds all applicable land use
standards and that the approval of the variance, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS,the Planning and Zoning Commission finds that this Resolution furthers
and is necessary for the promotion of public health, safety, and welfare; and,
610 E Hyman Memorandum Page 9
WHEREAS, during a duly noticed public hearing at a regular meeting on September
5, 2000, the Planning and Zoning Commission, approved a Special Review for a variance
from trash/utility service area requirements as part of a proposed garage addition located on
the rear of their existing office building at 610 East Hyman Street, Aspen, Colorado, with
conditions, by a vote of to .
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF ASPEN,COLORADO,THAT:
Section 1:
The Aspen Planning & Zoning Commission does hereby approve a Special Review for a
variance from trash/utility storage space requirements as part of a proposed garage addition
located on the rear of their existing office building at 610 East Hyman Street, Aspen,
Colorado with the following conditions:
1. That the applicant reduce the proposed three car garage to a two car garage alleviating
adequate space to access the trash/utility service area from the alley;
2. That the applicant receives approval from the City Engineering Department for design
of improvements. This includes grading, drainage, transportation, streets,
landscaping, and encroachments within public right of way;
3. That the applicant receives approval from the Streets Department for mailboxes,
finished pavement, surface materials on streets, and alleyways;
4. That the applicant submits a drainage report. The site development approvals must
include the requirement meeting runoff design standards of the Land Use Code
Section 26.580.020(A)(6)(a). Further, prior to the building permit application, the
applicant submit a drainage mitigation plan(24"x36" size plan sheet or on the lot
grading plan) to meet the requirements of the Engineering Department Interim Design
Standards for review and approval by the Engineering Department;
5. That drainage onto the public right-of-way is restricted pursuant to City of Aspen
Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way
Restricted. Due to lack of open space on the property and the abundance of
impermeable surface, all drainage must be retained onsite. All roof drains, foundation
drains, and building guttering systems must be contained on site via dry wells; and
6. That all proposed improvements including landscaping and street cuts to the public
right-of-way must be approved by the City of Aspen Engineering Department and
must adhere to the latest version of the City of Aspen Interim Design and
Construction Standards.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby
610 E Hyman Memorandum Page 10
incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause,phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 5:
A duly noticed public hearing on this Resolution was held on the 5th day of September, 2000, at
5:00 in the Sister Cities Room,Aspen City Hall, Aspen, Colorado.
APPROVED by the Commission at its regular meeting on September 5, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
C:\My Documents\Current Cases\Special Review\610 E Hyman Special review\610 E Hyman Memo.doc
610 E Hyman Memorandum Page 11
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610 E. Hyman St. Special Review for Trash/Utility Service Area Notes
➢ This is a public to consider a proposal by the applicant, Charles Cunniffe,
represented by Steven Dunn requesting Special Review for a variance to_reduce the
trash/utility service area requirements for the rear of their existing office building
to accommodate a proposed three car garage addition.
➢ The subject site is located 610 East Hyman Street on Lot M, Block 99, in the
City and Townsite of Aspen;
➢ The 3,000 sq. ft. building's current use is Professional Office Use and houses
Charles Cunniffe Architects and is located within the C-1 (Commercial) Zone
District;
➢ The applicant requests this variance to accommodate a three car garage which would
cover the existing off-street parking area located off the alley directly behind the office
building. The roof over the garage would extend to the northern property line (alley)to
provide cover for the existing pathway to the rear entry and trash/utility service area.
This proposed pathway is 41" wide.
➢ The proposed garage extends to the north property line abutting the alley. The proposed
garage will be built fully to the eastern property line. The proposed 41" pathway access
to the back door, patio, and trash service area will extend along the west property line and
be enclosed with a half wall extending from the existing building to the alley and covered
with the garage roof extension as indicated on the site plan.
➢ Staff finds that even though the current permitted use as a"professional office"use in the
C-1 Zone District does not generate enough waste to require a larger trash/service area
at the present time, any future change in the permitted or conditional use of the building
such as a:
1. Food Market
2. Service Commercial Establishments (Catering), or
3. Restaurant
would be encumbered by not being able to provide the required adequate trash/utility
service area needed because of the locked-in situation created by this proposed development.
➢ Further, Staff indicated that the applicant could reduce the garage to a two car garage
alleviating adequate space to access the trash/utility service area;
➢ STAFF RECOMMENDATION:
Staff recommends denial of the variance from trash/utility service area requirements as part
of a proposed garage addition located on the rear of the Charles Cunniffe office building at
610 East Hyman Street, finding that the Review Standards have not been satisfied.
➢ ALTERNATE STAFF RECOMMENDATION:
Staff recommends approval allowing a variance from trash/utility service area requirements
as part of a proposed garage addition located on the rear of the Charles Cunniffe office
building at 610 East Hyman Street with the following conditions:
1. That the applicant reduce the proposed three car garage to a two car garage
alleviating adequate space to access the trash/utility service area from the alley;
2. That the applicant receives approval from the City Engineering Department for design
of improvements. This includes grading, drainage, transportation, streets,
landscaping, and encroachments within public right of way;
3. That the applicant receives approval from the Streets Department for mailboxes,
finished pavement, surface materials on streets, and alleyways;
4. That the applicant submits a drainage report. The site development approvals must
include the requirement meeting runoff design standards of the Land Use Code
Section 26.580.020(A)(6)(a). Further, prior to the building permit application, the
applicant submit a drainage mitigation plan (24"x36" size plan sheet or on the lot
grading plan)to meet the requirements of the Engineering Department Interim Design
Standards for review and approval by the Engineering Department;
5. That drainage onto the public right-of-way is restricted pursuant to City of Aspen
Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way
Restricted. Due to lack of open space on the property and the abundance of
impermeable surface, all drainage must be retained onsite. All roof drains, foundation
drains, and building guttering systems must be contained on site via dry wells; and
6. That all proposed improvements including landscaping and street cuts to the public
right-of-way must be approved by the City of Aspen Engineering Department and
must adhere to the latest version of the City of Aspen Interim Design and
Construction Standards.
➢ This ends Staff's presentation.
AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, AUGUST 15, 2000
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. LTR ZONE DISTRICT/GMQS CODE AMENDMENTS, CHRIS BENDON
B. YELLOW BRICK PLANNED UNIT DEVELOPMENT, CODE AMENDMENT,
REZONING, FRED JARMAN
C. SANDUNES STREAM MARGIN REVIEW, ADU AND DESIGN REVIEW
APPEALS COMMITTEE VARINANCES, FRED JARMAN
D. 610 EAST HYMAN SPECIAL REVIEW FOR SIZE OF TRASH-UTILITY
AREA VARIANCE, FRED JARMAN
V. ADJOURN
TIMES ARE APPROXIMATE. WE RECOMMEND APPLICANTS ARRIVE AT LEAST
'/Z HOUR PRIOR TO THE SCHEDULED TIME.
J.NICHOLAS MCGRATH,P.C. 600 East Hopkins Avenue
A Professional Corporation Suite 203
Attorneys At Law Aspen,Colorado 81611
Telephone[970]925-2612
J.Nicholas McGrath* Facsimile[970]925-4402
Tonia D.Inns,Administrative Assistant jnm@jnmpc.com
www.jnmpc.com
August 14,2000
Hand Delivered
John P. Worcester, Esq.
Aspen City Attorney
130 South Galena Street
Aspen, CO 81611
Re: Cunniffe Planning Commission matter
Dear John:
I represent Furngulf, Ltd., the owner of a building adjacent to the Cunniffe
building on Hyman Avenue, and Carol Ann Jacobson Realty, a long term leasee of
space in the building on the other side of the Cunniffe building.
We learned somewhat by accident that the P &Z may be considering a
variance application on a trash site and the construction of a garage tomorrow
evening for Mr. Cunniffe.
I am informed that neither Furngulf, Ltd. nor Taylor Rentals, the owner of
Carol Ann's location,nor Carol Ann, nor Marty Flug, principal of Furngulf, received
any notice of the application or hearing.
We would like a reasonable opportunity to review the application and assess
the rights of these adjacent owners and tenants; thus,we think the matter should be
postponed.
Thank you.
Sincerely,
J.NICHOLAS MCGRATH,P.C.
iu
By J. Nicholas McGrath
`Member,Colo.(1971],Calif.[1969],and D.C.[1966]bars
cc: Mr. Marty Flug
Ms. Carol Ann Kopf
Furngulf, Ltd.
Taylor Rentals
Mr. Fred Jarman, Planner
Mr. Cunniffe's offices
"Member,Colo.(1971],Calif.11969],and D.C.119661 bars
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director. O
FROM: Fred Jarman, Planner f
RE: 610 E. Hyman St. Special Review for Trash/Utility Service Area
DATE: August 15, 2000
APPLICANT: Charles Cunniffe �.LEY B L K
REPRESENTATIVE: Steven Dunn ipr
LOCATION: Lot M, Block 99, City and
Townsite of Aspen arage
1ft I%
PARCEL ID: 2737-182-12-004 It,
,
Trash area. 1
ADDRESS: 610 East Hyman Street, •
Aspen Colorado 81611 11 I`Ill
b►,l
ZONING: C-1 (Commercial) llllllll
CURRENT LAND USE: Professional Office
PROPOSED
LAND USE: Professional Office ,
LOT SIZE: 3,000 sq. ft.
P.rA •.. 4 y`
NET LEASABLE SPACE: 2,924 "s
FAR: Existing: 2,582.5 sq. ft.
Proposed: 2,582.5 sq. ft.
p q• Location of proposed garage addition and
Allowable: 3,000 sq. ft utility/trash storage area.
REQUEST:
The applicant requests a variance to reduce the trash/utility service area requirements for the
rear of an existing office building to accommodate a three (3) car garage addition.
REVIEW PROCEDURE:
The Planning and Zoning Commission shall by resolution approve, approve with
conditions, or disapprove a development application for Special Review, after
recommendation by the Community Development Department.
STAFF COMMENTS:
The applicant, Charles Cunniffe, represented by Steve Dunn of Charles Cunniffe Architects,
requests Special Review for a variance to reduce the trash/utility service area requirements
for the rear of their existing office building to accommodate a proposed three car garage
addition. The applicant requests this variance to accommodate a three car garage which
would cover the existing off-street parking area located off the alley directly behind the office
building. The roof over the garage would extend to the northern property line (alley) to
provide cover for the existing pathway to the rear entry and trash/utility service area. This
proposed pathway is 41"wide.
The proposed garage extends to the north property line abutting the alley. The proposed
garage will be built fully to the eastern property line. The proposed 41"pathway access to the
back door, patio, and trash service area will extend along the west property line and be
enclosed with a half wall extending from the existing building to the alley and covered with
the garage roof extension as indicated on the site plan.
Staff review and discussion held that even though the current permitted use as a"professional
office" use in the C-1 Zone District does not generate enough waste to require a larger trash/
service area at the present time, any future change in the permitted or conditional use of the
building such as a Food Market, Service Commercial Establishments (Catering), or
Restaurant would be encumbered by not being able to provide the required adequate trash/
utility service area needed because of the locked-in situation created by this proposed
development. Further, Staff indicated that the applicant could reduce the garage to a two car
garage alleviating adequate space to access the trash/utility service area.
STAFF RECOMMENDATION:
Staff recommends denial of the variance from trash/utility service area requirements as part
of a proposed garage addition located on the rear of the Charles Cunniffe office building at
610 East Hyman Street, finding that the Review Standards have not been satisfied.
ALTERNATE STAFF RECOMMENDATION:
Staff recommends approval allowing a variance from trash/utility service area requirements
as part of a proposed garage addition located on the rear of the Charles Cunniffe office
building at 610 East Hyman Street with the following conditions:
1. That the applicant reduce the proposed three car garage to a two car garage alleviating
adequate space to access the trash/utility service area from the alley;
2. That the applicant receives approval from the City Engineering Department for design
of improvements. This includes grading, drainage,transportation, streets,
landscaping, and encroachments within public right of way;
3. That the applicant receives approval from the Streets Department for mailboxes,
finished pavement, surface materials on streets, and alleyways;
4. That the applicant submits a drainage report. The site development approvals must
include the requirement meeting runoff design standards of the Land Use Code
Section 26.580.020(A)(6)(a). Further,prior to the building permit application, the
applicant submit a drainage mitigation plan(24"x36" size plan sheet or on the lot
grading plan)to meet the requirements of the Engineering Department Interim Design
Standards for review and approval by the Engineering Department;
5. That drainage onto the public right-of-way is restricted pursuant to City of Aspen
Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way
Restricted. Due to lack of open space on the property and the abundance of
impermeable surface, all drainage must be retained onsite. All roof drains, foundation
drains, and building guttering systems must be contained on site via dry wells;
6. That all proposed improvements including landscaping and street cuts to the public
right-of-way must be approved by the City of Aspen Engineering Department and
must adhere to the latest version of the City of Aspen Interim Design and
Construction Standards; and
RECOMMENDED MOTION:
"I move to approve Resolution No. , Series of 2000 for Special Review of a variance from
trash/utility service area requirements as part of a proposed garage addition located at the rear
of the Charles Cunniffe Architects office building at 610 East Hyman Street with the conditions
in the draft resolution."
CITY MANAGER:
ATTACHMENTS:
EXHIBIT A -- REVIEW CRITERIA, STAFF FINDINGS
EXHIBIT B -- ORTHO PHOTO OF PARCEL 2737-182-12-004
EXHIBIT C -- PHOTO OF EXISTING SPACE FOR THE PROPOSED GARAGE
EXHIBIT D --APPLICATION LETTER
EXHIBIT E --RESOLUTION No. , SERIES OF 2000
EXHIBIT A
REVIEW CRITERIA& STAFF FINDINGS
SECTION 26.575.060 UTILITY/TRASH SERVICE AREAS
A. The following provisions shall apply to all utility/trash service areas:
1. All utility/trash service areas shall be fenced so as not to be visible from
the street, and such fences shall be six (6) feet high from grade. All fences
shall be of sound construction and shall be no less than 90% opaque.
STAFF FINDING:
The proposed utility / trash service area will be screened from the street by the nature of the
proposed covered walkway, back wall of the proposed garage, and half wall which forms a
41" wide pathway to the proposed utility / trash service area. There is no need for a fence in
this case as the area will be unseen from the alley.
2. Whenever this Title shall require that a utility / trash service area be
provided abutting an alley, buildings may extend to the rear property line
if otherwise allowed by this title provided that an open area be provided
which shall be accessible to the alley, and which meets the dimensional
requirements of Chapter 26.480.
STAFF FINDING:
The proposed (7'-10" x 6'-11") utility / trash service area does not abut the alley however, it
is provided with a pathway open to the alley. Staff finds, pursuant to this criterion, that
buildings may extend to the rear property line provided that an open area is provided which
shall be accessible to the alley. However, the applicant proposes a pathway that is 41" wide
to access the open area. However, staff finds this proposed pathway width is too restrictive
for other future permitted and conditional uses, which might occupy the space and generate
much more waste than the current use. Staff finds that the proposed development does not
meet this criterion.
3. A minimum of fifteen (15) linear feet of the utility / trash service area
shall be reserved for box storage, utility transformers or equipment, or
building access, and a minimum of five (5) linear feet of the utility/trash
service area shall be reserved for trash facilities, unless the dimensions of
the area are authorized to be reduced by the Planning and Zoning
Commission by special review (see Chapter 26.430) and in accordance
with the standards set forth below at Section 26.575.060(B).
STAFF FINDING:
The applicant pursuant to the Land Use Code is required to provide 1.5 spaces for every
1,000 square feet of net leasable area. The building currently contains 2,924 sq. ft. of net
leasable space that equates to required provision of 4.3 off-site parking spaces. The
placement of the required minimum of fifteen (15) linear feet would not allow the applicant
to provide the existing off street parking, thereby creating hardship. Staff finds the existing
provision of three off-street parking spaces, which will remain as part of this development,
could be accommodated with a reduction in this fifteen(15) linear feet requirement while
allowing for an adequate utility/trash service area.
B. Review standards for reduction of dimensions. The Planning and Zoning
Commission may reduce the dimensions of a utility/trash service area by following the
special review procedures set forth at Chapter 26.430 if:
1. There is a demonstration that given the nature of the potential uses of the
building and its total square footage, the utility / trash service area proposed to
be provided will be adequate.
STAFF FINDING:
Staff finds the proposed utility/trash area is inadequate. The building is owned and occupied
by Charles Cunniffe Architects, which contains eleven (11) employees. Currently, the
cleaning service employed removes trash and recycling from the site essentially eliminating
the need for an exterior trash storage area. Staff finds that even though the current permitted
use as a"professional office"use in the C-1 Zone District does not generate enough waste to
require a larger trash/service area at the present time, any future change in a permitted or
conditional use of the building such as a Food Market, Service Commercial Establishments
(Catering), or Restaurant would be encumbered by not being able to provide the required
adequate trash/utility service area because of the locked-in situation created by this
proposed development. Further, Staff indicated that the applicant could reduce the garage to a
two car garage eliminating the west wall of the garage enlarging the access to the utility/
trash area.
2. Access to the utility/trash service area is adequate.
STAFF FINDING:
The proposed development provides three ways of access to the utility / trash service area:
1) a 41" wide covered pathway from the alley, 2) the existing rear entry of the building,
and 3) a lower level door on the basement level opening to the existing light well area
which is adjacent to the utility / trash service area. Staff finds this development provides
inadequate access to the utility / trash service area via the 41" pathway which would
encumber future uses from providing adequate space to the area.
3. Measures are provided for enclosing trash bins and making them easily
movable by trash personnel.
STAFF FINDING:
Staff finds that even though the current permitted use does not generate enough waste to
require a larger trash/service area at the present time therefore requiring minimal trash bins
easily maneuvered through the 41"pathway, any future change in a permitted or conditional
use could be encumbered by not being able to provide the required adequate trash/utility
service area or access because of the locked-in situation created by this proposed
development.
4. When appropriate, provisions for trash compaction are provided by the
proposed development and measures are taken to encourage trash compaction
by other developments on the block.
STAFF FINDING:
Staff finds that trash compaction is not necessary for this development.
5. The area for public utility placement and maintenance is adequate and
safe for the placement of utilities.
STAFF FINDING:
Utility meters will be easy and safe to read by the personnel from access from the rear entry
door and the pathway from the alley.
6. Adequate provisions are incorporated to ensure the construction of the
access area.
STAFF FINDING:
The proposed access to the area from the alley and existing rear entries will remain open.
However, staff finds it to be too restrictive for potential future use.
EXHIBIT B
PHOTO OF PARCEL: 2737-182-12-004
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EXHIBIT C
PHOTO DOCUMENTATION OF EXISTING SPACE
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Southerly View showing cars in the rear of the Charles Cunniffe office building located at 610 East
Hyman Street where the proposed three-car garage will be located.
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Southerly view of the rear entrance to the office Existing light well/patio the rear of the
building. Trash/Utility Service Area is proposed in office building and served adj by a basement acent to door.
adjacent to this entrance.
CHARLES CUNNIFFE ARCHITECTS
610EHYMAN
ASPEN CO
81611
TEL 970•925•5590 CA
EXECUTIVE
•
FAX 970•925•5076
ARCHITECTURAL
FAX 970•925•4557 CHARLES L.CUNNIFFE, ALA
PRINCIPAL/CEO
W W W.CUNNIFFE.COM
June 14, 2000 JANVER C.DERRINGTON,AIA
PRINCIPAL
Nick Lelack
City of Aspen
Panning Department
Dear Nick:
Subject: Special Review
The proposed 610 building project is to add a garage behind Charles Cunniffe Architects office building at 610 East
Hyman Ave. We are proposing to enclose the existing off street parking adjacent to the alley, create a covered
pathway to provide access to existing rear egress from the office building and use the unheated basement space
below the garage as storage. The development complies with Commercial (C-1) zoning in that it will not change
the use of the property, the height limit will not be exceeded, the lot will remain greater than 25%open space and
the external floor area ratio will remain unchanged.
We seek a variance to supplemental regulation 26.575.060, utility/trash service areas. This section has three
requirements of the area:
1. A minimum of six foot high fencing is installed for visual screening from the street;
2. The utility/trash service areas abut an alley and;
3. A minimum of fifteen linear feet be reserved for the area with a minimum of five feet be reserved for the trash
facilities.
The proposed utility/trash service area will be screened from the street. The proposed (7'-10"x 6'-1 1") utility/trash
service area does not abut the alley however, it is provided with a pathway open to the alley. If the area is to
comply with the fifteen linear foot requirements, we would be unable to provide the existing off street parking,
thereby creating hardship.
Review standards, to which we comply, for the reduction of utility/trash service area are:
1. The area is adequate. The building is owned and occupied by Charles Cunniffe Architects. The cleaning
service employed removes trash and recycling from the site essentially eliminating the need for a trash area.
2. Access to the utility/trash service area is adequate. The pathway to the existing rear entry to the building is
adjacent to the trash area.
3. The trash bins, located behind the proposed garage, will be screened from view of the public way and bins will
be purchased with wheels for ease of mobility.
4. Trash compaction will not be necessary.
5. Utility meters will be easy and safe to read by personnel.
6. Access to the area will remain open to the existing rear entry as part of the proposed development.
Two variances are on record at the clerk's office. While both are in the commercial core zoned district, there is
precedence for granting a variance for the reduction of a utility/trash service area. For more information regarding
each case, please see the attached or case files for, 78-8, Mazza, Anthony J., 434 E. Cooper Street, Lot K, Block 87,
City of Aspen; 79-1, Fliesher, Donald J., Tom Thumb Building, 400 E. Hyman, Lots K & L, Block 88 City of Aspen.
Respectfully,
CLAdt°1a1. 1444%
Charles Cunniffe, AIA
ARCHITECTURE • PLANNING • INTERIORS
ASPEN • CARBONDALE • TELLURIDE • VAIL
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610 BUILDING CHARLES CUNNIFFE ARCHITECTS C
610 E.LAYMAN CA
ASPEN.COLORADO
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Pursuant to the provisions of the Zoning Regula-
tions of the City of Aspen, a building constructed in the
commercial core area is required to have a 30' x 10' x 10'
trash access area. It is the contention of applicant that
this requirement when applied to this particular lot would
create a hardship.
Applicant intends to build a three story building,
1/2 story of which shall be below grade and 2-1/2 stories
shall be above grade. Due to the fact that applicant is in
the Main Street view plane, applicant would not be able to
construct a three story building above grade due to the afore-
mentioned view plane. The only way applicant could build a
three story building would be to place a 1/2 story below grade,
as planned, or a full story below grade. By placing a full
story below grade, applicant would be forced to increase the
length and dimension of the stairways and stairwells neces-
sary to provide access to the lower level (see plans tendered
herewith) , thereby creating less greenery in the open space
(corner of Mill Street and East Hopkins) . Furthermore, due
to the grade of this lot, to construct a floor below grade,
applicant would have to excavate approximately 1-3/4 stories
below grade. The depth of said below-grade story would
markedly increase the number of steps in the open space area
(the computation of stories (feet) below grade and increased
number of steps in the open space caused by placing a story
below grade will be fully explained by our architect, Welton
Anderson, at the public hearing) . Also, due to the grade of
the lot, the placement of 1/2 or 1 full story below grade would
necessarily delete 300 square feet of buildable space from
each of applicant' s first 2 stories (this will also be fully
explained by Welton Anderson at the public hearing) . It is,
therefore, the contention of applicant that from an aesthetic
and practical point of view, a building 1/2 story below grade
and 2-1/2 stories above grade would be best suited for this
piece of property.
The reason for the aforementioned three stories is
twofold:
(1) In order to achieve a 1:5 to 1 F.A.R. , or 4500
square feet, applicant has to incorporate a
third floor when considering the open space and
trash access area requirements. Pursuant to
present regulations, applicant would only be
allowed to construct 1950 square feet on each
of the first two floors. Therefore, a third
story is mandated.
(2) Applicant desires to provide two units of
employee housing. In order to do so, a third
floor is required. To comply with existing
requirements, applicant can only place 1950
square feet on each of the first two stories.
Applicant, in order to construct two employee
housing units, would have to construct 2100
square feet on the third floor. By virtue of
adding the extra square footage to the third
story, which addition is necessitated by cur-
rent regulations, applicant would be forced
to-provide- a second stairway and hallway to - -
the top floor. This requirement would effec-
tively preclude construction of employee
housing on the top floor because same would be
rendered architecturally unfeasible.
It is, therefore, the contention of applicant that
a hardship is created by virtue of the trash access area
2.
requirement and that a variance should be granted, and in
fact is mandated, namely, reduction of the required trash
area to a square footage which would facilitate trash storage
and trash removal on applicant's land. Such a variance would
provide more retail space on the two lower stories and per-
mit applicant to construct a top floor with square footage
which would not require a second stairway to the top floor,
thereby permitting applicant to construct two employee housing
units on the third story. If a variance were not granted, an
additional hardship would be created with reference to the
building due to the fact that the two lower levels of appli-
cant's building would lose 300 square feet of retail space
per floor due to the present trash access area requirement
when coupled with the view plane requirements and grade of
the lot.
3.
January 10 , 1979
Mr . Clayton Meyring
Board of Zoning Adjustment
City of Aspen
City Hall
Aspen, Colorado, 81611
Re : Tom Thumb Project
Dear Mr. Meyring:
The proposed Tom Thumb Building Project is comprised
ID crof approximately 6 , 500 s . f. of renovated existing
building and approximately 5 , 400 s . f. of
� ld g new
construction, of which 1 , 900 s . f . is devoted to
employee housing . The project is located in the CC
IIclsIicr Zone and is within a Historic overlay district.
Icrr JUN We seek variance to Section 24- 3 . 7 (h) (4) of the
zoning code which basically requires that the entire
lr C, length of the building adjacent to the alley be
devoted to covered trash access (10ft. high and 10
ft. deep) .
As denoted in the project plans , an area 30 ft. long
(by the code requirement height and width) has been
provided exclusively for trash storage and access .
By any standards of trash generation and normal refuse
pick up for a commercial/residential building of this
size the dimension requested is more than adequate.
This project has been reviewed by various agencies
required for Growth Management Plan (GMP) approval
in 1978 . In response to a concern of the Historic
Preservation Committee the refuse area was moved
inward from the alley intersection with Mill Street
to nullify the negative visual effect of refuse near the
street (pedestrian view) and to achieve visual continuity
with nearby buildings who similarly did not locate
refuse areas adjacent to street/alley intersections .
The building was subsequently planned under this
criteria. The written report from the HPC (Sec . 24-9 . 15)
prior to Board of Adjustment action on this request
should verify this concern.
We request approval of this variance on the grounds that
it will result in a reasenable use of the land, building
and structure consistant with the intent of the zoning
code and HPC and that the GMP approval constitutes a
special condition that did not apply to other properties
620 East Hyman Avenue•Aspen,Colorado 81611•Telephone:(303)925-2122
1 .
January 10 , 1979
Mr . Clayton Meyring
Page 2
in the vicinity.
Respectfully submitted
/44-411j2/ 9117/---141-
Donald J . Fleisher
for
Aspvail Investments
CHARLES CUNNIFFE ARCHITECTS
610E HYMAN
ASPEN CO
CA
81611
TEL 970•925•5590
EXECUTIVE
FAX 970•925•5076
ARCHITECTURAL
FAX 970.925•4557 CHARLES L.CUNNIFFE, AIA
W W W CUNNIFFE.COM PRINCIPAL/CEO
JANVER C.DERRINGTON,AIA
PRINCIPAL
June 19, 2000
Nick Lelack
City of Aspen
Panning Department
Dear Nick Lelack:
Subject: Special Review
Here attached is an application for special review for a variance to supplemental regulation 26.575.060.
I can be contacted at the address on this letterhead. In my absence, please contact Steven Dunn
during business at the address on this letterhead.
Respecff
Charles Cunniffe, AIA
ARCHITECTURE • PLANNING • INTERIORS
ASPEN • CARBONDALE • TELLURIDE • VAIL
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Re: Your Ref. Number
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We at Land Title Guarantee Company believe in delivering quality products that meet your needs, and our goal is to provide
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Property Address 610 P XYMAN, ASPZN, 00 01611
owner • 610 &I&x' JIYMAN, LLO, A COLORADo LrMZ7S1 LTA X1.1'1 x
COMPANY
The company hereby insures against lops or damage which the insured
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in. the event that the owner of adjoining lard shall compel,rpursuant
to final judgment or court decree, the forced removal of any portion
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adjoining land as referred to in
paragraph 9 of Schedule H-z.
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The total liability of the Company ,under said policy and any endorsements
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This endorsement is made a
part of said policy and is subject to the
.,; Schedules, Conditions and Stipulations therein, except as modified by the
provisions hereof,/
This endorsement is not to be construed as. insuring the title to said
estate or interest as of any later than the date of said policy, except as
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN(hereinafter CITY)and C�iAb����� t?��1t
(hereinafter APPLICANT)AGREE AS FOLLOWS:
1. A LICANT has submitted to CITY an application or
p GZ VD Ca( qa►ccc�� 40 �f6yof WO Ea-4 +(irulcat? Au e.
(hereinafter, THE PROJECT). 11
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of$ iUf) which is for hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: ByE -- LA.
Julie Ann Woods
Community Development Director Date: CLIP f 4 4O
Mailing Address:
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g:\support\forms\agrpayas.doc
12/27/99
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: goarage MA1-1o0 1 (SIC o}C ice 7; c i
Applicant: (avr es (owl e.
Location: ( �O f.OS1 „I 41 \)(? ,, „, ( 0
Zone District: e �I 1i t T
Lot Size: 3 OOC;
Lot Area: ijc6 0 z
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: `LJZt] Proposed: 0
Number of residential units: Existing: 0 Proposed: o
Number of bedrooms: Existing: r Proposed: (;
Proposed% of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: 2C:762.'''' Allowable: 'hoot Proposed: 2-5E42,5--
Principal bld g. height: Existin g: 2Z'--3j
Allowable: i-iC'-C I` Proposed: 2.F`-3`)
Access. bldg. height: Existing: 0 Allowable: 1401-0 `I Proposed: 12'-e'1z"
On-Site parking: Existing: 3 Required: . Proposed: 3
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Ij :H Required: ,Zq„, Proposed: ` e-;?�x,
Front Setback: Existing: lc` Required: Qme Proposed: it
Rear Setback: Existing: ��"-11 Required: 1\oif. Proposed: 0
Combined F/R: Existing: l'-`A 9 Required: IJov, Proposed: fe t
Side Setback: Existing: 0 Required: 0 Proposed: o
Side Setback: Existing: O Required: C' Proposed: C
Combined Sides: Existing: L') Required: C Proposed: r
Existing non-conformities or encroachments:
Variations requested: 7
y 'if-Vice oat.
LAND USE APPLICATION
. PROJECT: Name: Lx-al sU�A10(1 ttl- (.ca L
ee., v„,,,o,,"1C
Location: (pin, cR L 1Uq ii Aoe. e Co
(Indicate street addrbss, lot& bloc{ number,legal description where appropriate)
APPLICANT:
Name: /�; -I��`r 1G'S l�M&I NfA1 LA" .N p,
Address: (M 1 � i4 )4.10,,„,l,, Aye Neireil
Phone #: cit. el0
REPRESENTATIVE:
Name: yl W►i►1
Address: (q t Ga N,iitiali Aoe 1 Ni,ve►�
Phone#: 9 - 5 C1i0
TYPE OF APPLICATION: (please check all that apply):
❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt.
X Special Review ❑ Final PUD(&PUD Amendment) ❑ Final Historic Development
Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt.
fl GMQS Allotment ❑ Final SPA(& SPA Amendment) I I Historic Demolition
GMQS Exemption ❑ Subdivision ❑ Historic Designation
ESA- 8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
Lot Split ❑ Temporary Use ❑ Other:
Lot Line Adjustment ❑ Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings,�u,uses,previous approvals, etc.) /� 1 /
2 -0 ocee 'to►I(iipic ctyf� r ,k.e tE1Et,I4. Ofre 37.)\\A IOC U,7e - 1y [?/i ,ti (viatll A L 1 15
PROPOSAL: (description of proposed buildings, uses,modifications, etc.)
MA-ILO oc a 3 Cnv" (rate Kew] S}er'�c ! C kill loo-) 44i.,lt1e
Have you attached the following? FEES DUE: $ (526
Pre-Application Conference Summary
x Attachment#1, Signed Fee Agreement
_ c, Response to Attachment#2, Dimensional Requirements Form
A Response to Attachment#3, Minimum Submission Contents
Response to Attachment#4, Specific Submission Contents
Response to Attachment#5, Review Standards for Your Application
MEMORANDUM
To: Fred Jarman, PlanneV.
From: Ben Ludlow, Project Engineer
Date: July 11, 2000
Re: 610 E. Hyman Special Review
The City of Aspen Engineering Department has provided the following information. The
information is based upon City of Aspen Municipal Code and the latest version of the
City of Aspen Interim Design and Construction Standards.
A. Work in the Public Right of Way - Requirement— Given the continuous
problems of unapproved work and development in public rights-of-way adjacent to
private property, we advise the applicant as follows:
Approvals
1. Engineering: The applicant receives approval from the City Engineering
Department (920-5080) for design of improvements, including
grading, drainage, transportation/streets, landscaping, and
encroachments within public right of way.
2. Parks: The applicant receives approval from the Parks Department (920-
5120) for vegetation species and for public trail disturbance.
3. Streets: The applicant receives approval from the Streets department
(920-5130) for mailboxes, finished pavement, surface materials on
streets, and alleyways.
4. Permits: Obtain R.O.W. permits for any work or development, involving
street cuts and landscaping from the Engineering Department.
B. Site Drainage— Requirement—A drainage report was not submitted with the
application. The site development approvals must include the requirement meeting
runoff design standards of the Land Use Code at Sec. 26.580.020.A.6.a and a
requirement that, prior to the building permit application, a drainage mitigation plan
(24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the
Engineering Department Interim Design Standards and must be submitted for review
and approval by the Engineering Department. The mitigation plan must also address the
temporary sediment control and containment plan for the construction phase. If drywells
are an acceptable solution for site drainage, a soils report must be provided with a
percolation test to verify the feasibility of this type of system. Drywells have depths well
below depth of frost (10' minimum) to function in cold weather. The drainage plan must
contain a statement specifying the routine maintenance required by property owner(s) to
ensure continued and proper performance. Drywells may not be placed within public
right of way or utility easements. The foundation drainage system should be separate
from storm drainage, must be detained and routed on site, and must be shown on
drainage plans prior to application for building permit. The drainage may be conveyed to
existing landscaped areas if the drainage report demonstrates that the percolation rate
and the detention volume meet the design storm.
C. Drainage on to the public right-of-way is restricted pursuant to City of Aspen
Municipal Code Section 21.04.120 - Draining water onto public right-of-way restricted.
Due to lack of open space on the property and the abundance of impermeable surface,
all drainage must be retained onsite. All roof drains, foundation drains, and building
guttering systems must be contained on site via dry wells.
D. All proposed improvements to the Public right-of-way must be approved by the
City of Aspen Engineering Department and must adhere to the latest version of the City
of Aspen Interim Design and Construction Standards.
E. The City of Aspen drainage criteria needs to be implemented. This includes but
is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there
needs to be an analysis of where the drainage will flow and what adverse affects may
arise from potential mud and debris flow due to the additional building footprint created
by the proposed project.
610 E. Hyman St.
C. Cunniffe Architects Bldg z
Zone District: C-1
It
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•
•
CHARLES CUNNIF'FE ARCHITECTS
610 E HYMAN
ASPEN CO
81611 CA
TEL 970.925.5590 - - - -
EXECUTIVE
FAX 970•925•5076
ARCHITECTURAL
FAX 970.925•4557 CHARLES L.CUNNIFFE, AIA
W W W CUNNIFFE.COM PRINCIPAL/CEO
June 14, 2000 JANVER C.DERRINGTON,AIA
PRINCIPAL
Nick Lelack
City of Aspen
Panning Department
Dear Nick:
Subject:Special Review
The proposed 610 building project is to add a garage behind Charles Cunniffe Architects office building at 610 East
Hyman Ave. We are proposing to enclose the existing off street parking adjacent to the alley, create a covered
pathway to provide access to existing rear egress from the office building and use the unheated basement space
below the garage as storage. The development complies with Commercial (C-1) zoning in that it will not change
the use of the property, the height limit will not be exceeded, the lot will remain greater than 25%open space and
the external floor area ratio will remain unchanged.
We seek a variance to supplemental regulation 26.575.060, utility/trash service areas. This section has three
requirements of the area:
1. A minimum of six foot high fencing is installed for visual screening from the street;
2. The utility/trash service areas abut an alley and;
3. A minimum of fifteen linear feet be reserved for the area with a minimum of five feet be reserved for the trash
facilities.
The proposed utility/trash service area will be screened from the street. The proposed (7'-10"x 6'-1 1") utility/trash
service area does not abut the alley however, it is provided with a pathway open to the alley. If the area is to
comply with the fifteen linear foot requirements,we would be unable to provide the existing off street parking,
thereby creating hardship.
Review standards, to which we comply, for the reduction of utility/trash service area are:
1. The area is adequate. The building is owned and occupied by Charles Cunniffe Architects. The cleaning
service employed removes trash and recycling from the site essentially eliminating the need for a trash area.
2. Access to the utility/trash service area is adequate. The pathway to the existing rear entry to the building is
adjacent to the trash area.
3. The trash bins, located behind the proposed garage,will be screened from view of the public way and bins will
be purchased with wheels for ease of mobility.
4. Trash compaction will not be necessary.
5. Utility meters will be easy and safe to read by personnel.
6. Access to the area will remain open to the existing rear entry as part of the proposed development.
Two variances are on record at the clerk's office. While both are in the commercial core zoned district, there is
precedence for granting a variance for the reduction of a utility/trash service area. For more information regarding
each case, please see the attached or case files for, 78-8, Mazza, Anthony J., 434 E. Cooper Street, Lot K, Block 87,
City of Aspen; 79-1, Fliesher, Donald J., Tom Thumb Building, 400 E. Hyman, Lots K & L, Block 88 City of Aspen.
Respectfully,
4C14)4LaWl"44,
Charles Cunniffe, AIA
ARCHITECTURE • PLANNING • INTERIORS
ASPEN • CARBONDALE • TELLURIDE • VAIL
'3t/ &Orr
Pursuant to the provisions of the Zoning Regula-
tions of the City of Aspen, a building constructed in the
commercial core area is required to have a 30' x 10' x 10'
trash access area. It is the contention of applicant that
this requirement when applied to this particular lot would
create a hardship.
Applicant intends to build a three story building,
1/2 story of which shall be below grade and 2-1/2 stories
shall be above grade. Due to the fact that applicant is in
the Main Street view plane, applicant would not be able to
construct a three story building above grade due to the afore-
mentioned view plane. The only way applicant could build a
three story building would be to place a 1/2 story below grade,
as planned, or a full story below grade. By placing a full
story below grade, applicant would be forced to increase the
length and dimension of the stairways and stairwells neces-
sary to provide access to the lower level (see plans tendered
herewith) , thereby creating less greenery in the open space
(corner of Mill Street and East Hopkins) . Furthermore, due
to the grade of this lot, to construct a floor below grade,
applicant would have to excavate approximately 1-3/4 stories
below grade. The depth of said below-grade story would
markedly increase the number of steps in the open space area
(the computation of stories (feet) below grade and increased
number of steps in the open space caused by placing a story
below grade will be fully explained by our architect, Welton
Anderson, at the public hearing) . Also, due to the grade of
the lot, the placement of 1/2 or 1 full story below grade would
necessarily delete 300 square feet of buildable space from
each of applicant's first 2 stories (this will also be fully
explained by Welton Anderson at the public hearing) . It is,
therefore, the contention of applicant that from an aesthetic
and practical point of view, a building 1/2 story below grade
and 2-1/2 stories above grade would be best suited for this
piece of property.
The reason for the aforementioned three stories is
twofold:
(1) In order to achieve a 1:5 to 1 F.A.R. , or 4500
square feet, applicant has to incorporate a
third floor when considering the open space and
trash access area requirements. Pursuant to - - - -
present regulations, applicant would only be
allowed to construct 1950 square feet on each
of the first two floors. Therefore, a third
story is mandated.
(2) Applicant desires to provide two units of
employee housing. In order to do so, a third
floor is required. To comply with existing
requirements, applicant can only place 1950
square feet on each of the first two stories.
Applicant, in order to construct two employee
housing units, would have to construct 2100
square feet on the third floor. By virtue of
adding the extra square footage to the third
story, which addition is necessitated by cur-
rent regulations, applicant would be forced
to provide a second stairway and hallway to
the top floor. This requirement would effec-
tively preclude construction of employee
housing on the top floor because same would be
rendered architecturally unfeasible.
It is, therefore, the contention of applicant that
a hardship is created by virtue of the trash access area
2.
requirement and that a variance should be granted, and in
fact is mandated, namely, reduction of the required trash
area to a square footage which would facilitate trash storage
and trash removal on applicant's land. Such a variance would
provide more retail space on the two lower stories and per-
mit applicant to construct a top floor with square footage
which would not require a second stairway to the top floor,
thereby permitting applicant to construct two employee housing
units on the third story. If a variance were not granted, an
additional hardship would be created with reference to the
building due to the fact that the two lower levels of appli-
cant's building would lose 300 square feet of retail space
per floor due to the present trash access area requirement
when coupled with the view plane requirements and grade of
the lot.
3.
January 10, 1979
Mr . Clayton Meyring
Board of Zoning Adjustment
City of Aspen
City Hall
Aspen, Colorado , 81611
Re: Tom Thumb Project
Dear Mr. Meyring:
The proposed Tom Thumb Building Project is comprised
of approximately 6 , 500 s . f. of renovated existing
building space and approximately 5 , 400 s . f. of new
ID cr' construction, of which 1 , 900 s . f. is devoted to
employee housing. The project is located in the CC
Zone and is within a Historic overlay district.
(tiT � [ We seek variance to Section 24- 3 . 7 (h) (4) of the
zoning code which basically requires that the entire
II-CO length of the building adjacent to the alley be
devoted to covered trash access (10ft. high and 10
ft . deep) .
As denoted in the project plans , an area 30 ft. long
(by the code requirement height and width) has been
provided exclusively for trash storage and access .
By any standards of trash generation and normal refuse
pick up for a commercial/residential building of this
size the dimension requested is more than adequate .
This project has been reviewed by various agencies
required for Growth Management Plan (GMP) approval
in 1978 . In response to a concern of the Historic
Preservation Committee the refuse area was moved
inward from the alley intersection with Mill Street
to nullify the negative visual effect of refuse near the
street (pedestrian view) and to achieve visual continuity
with nearby buildings who similarly did not locate
refuse areas adjacent to street/alley intersections .
The building was subsequently planned under this
criteria. The written report from the HPC (Sec . 24-9 . 15)
prior to Board of Adjustment action on this request
should verify this concern.
We request approval of this variance on the grounds that
it will result in a reasenable use of the land, building
and structure consistant with the intent of the zoning
code and HPC and that the GMP approval constitutes a
special condition that did not apply to other properties
620 East Hyman Avenue•Aspen,Colorado 81611•Telephone:(303)925-2122
January 10 , 1979
Mr. Clayton Meyring
Page 2
in the vicinity.
Respectfully submitted
/14-4441 /
Donald J . Fleisher
for
Aspvail Investments
CONNER WARREN J UND 10/20%INT CONNER MARGARET A(12/20THS) CONNER MARGARET A
534 E HOPKINS AVE CONNER WARREN J&CLAUDE 534 E HOPKINS AVE
ASPEN, CO 81611 M(4/20THS EACH) ASPEN,CO 81611
534 E HOPKINS AVE
ASPEN,CO 81611
ALPINE BANK ASPEN ALPINE BANK ASPEN ALPINE BANK ASPEN
A COLORADO BANKING A COLORADO BANKING A COLORADO BANKING
CORPORATION CORPORATION CORPORATION
600 E HOPKINS AVE 600 E HOPKINS AVE 600 E HOPKINS AVE
ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611
ALPINE BANK ASPEN CLARK ROBERT TRUST ALPINE BANK ASPEN
A COLORADO BANKING 620 E HOPKINS#5 A COLORADO BANKING
CORPORATION ASPEN,CO 81611 CORPORATION
600 E HOPKINS AVE 600 E HOPKINS AVE
ASPEN,CO 81611 ASPEN, CO 81611
ROTHBLUM PHILIP&MARCIA ALPINE BANK ASPEN ALPINE BANK ASPEN
624 E HOPKINS AVE A COLORADO BANKING A COLORADO BANKING
ASPEN,CO 81611 CORPORATION CORPORATION
600 E HOPKINS AVE 600 E HOPKINS AVE
ASPEN, CO 81611 ASPEN,CO 81611
CLARK ROBERT TRUST ALPINE BANK ASPEN HOPKINS ST VENTURE
620 E HOPKINS#5 A COLORADO BANKING C/O MULARZ TED
ASPEN,CO 81611 CORPORATION PO BOX 1328
600 E HOPKINS AVE ASHLAND,OR 97520
ASPEN,CO 81611
CLARK ROBERT TRUST CLARK ROBERT TRUST ALPINE BANK ASPEN
620 E HOPKINS#5 620 E HOPKINS#5 A COLORADO BANKING
ASPEN,CO 81611 ASPEN, CO 81611 CORPORATION
600 E HOPKINS AVE
ASPEN,CO 81611
ALPINE BANK ASPEN CLARK ROBERT TRUST CLARK ROBERT TRUST
A COLORADO BANKING 620 E HOPKINS#5 620 E HOPKINS#5
CORPORATION ASPEN,CO 81611 ASPEN,CO 81611
600 E HOPKINS AVE
ASPEN,CO 81611
ALPINE BANK ASPEN CLARK ROBERT TRUST ALPINE BANK ASPEN
A COLORADO BANKING 620 E HOPKINS#5 A COLORADO BANKING
CORPORATION ASPEN,CO 81611 CORPORATION
600 E HOPKINS AVE 600 E HOPKINS AVE
ASPEN,CO 81611 ASPEN,CO 81611
CLARK ROBERT TRUST CLARK ROBERT TRUST CLARK ROBERT TRUST
620 E HOPKINS#5 620 E HOPKINS#5 620 E HOPKINS#5
ASPEN, CO 81611 ASPEN,CO 81611 ASPEN,CO 81611
BERIRO MAURICE CLARK ROBERT TRUST CLARK ROBERT TRUST
TROPICANA HOTEL&BEACH CLUB 620 E HOPKINS#5 620 E HOPKINS#5
29620 TORRE MOLINOS ASPEN, CO 81611 ASPEN,CO 81611
COSTA DEL SOL,MARBELLA SPAIN
e.
CLARK ROBERT TRUST ASPEN PLAZA COMPANY BASS CAHN PROPERTIES
620 E HOPKINS#5 PO BOX 1709 PO BOX 5078
ASPEN, CO 81611 ASPEN,CO 81612 ASPEN,CO 81612
TROUSDALE JEAN VICK BASS CAHN PROPERTIES MYSKO BOHDAN D
611 E HOPKINS AVE PO BOX 5078 DOMINION SHIPPING CORPORATION
ASPEN,CO 81611 ASPEN,CO 81612 515 W RICHEY
HOUSTON,TX 77090
BOGAERT FAMILY TRUST MASON&MORSE INC BASS CAHN PROPERTIES LLP
PO BOX 1166 514 E HYMAN AVE PO BOX 5078
ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81612
SJA ASSOCIATES.LTD 60% LAZY J RANCH LLC PITKIN COUNTY BANK 80%
PO BOX 1709 C/O W A WALTON 534 E HYMAN AVE
•
ASPEN,CO 81612 PO BOX 665 ASPEN,CO 81611
ASPEN, CO 81612
HORSEFINS LLC GELD LLC GELD LLC
C/O PITKIN COUNTY TITLE MEYER LOWELL C/0 MEYER LOWELL C/O
601 E HOPKINS AVE P O BOX 1247 P 0 BOX 1247
ASPEN,CO 81611 ASPEN,CO 81612-1247 ASPEN, CO 81612-1247
GELD LLC GELD LLC EDGETTE JAMES J&PATRICIA
MEYER LOWELL C/0 MEYER LOWELL C/0 19900 BEACH RD STE 801
P 0 BOX 1247 P 0 BOX 1247 JUPITER ISLAND,FL 33469
ASPEN,CO 81612-1247 ASPEN,CO 81612-1247
GELD LLC ELMORE JOHN A II ELMORE JOHN A II
MEYER LOWELL C/O PO BOX 381 PO BOX 381
P 0 BOX 1247 WRIGHTSVILLE BEACH,NC 28480 WRIGHTSVILLE BEACH,NC 28480
ASPEN,CO 81612-1247
GELD LLC TAYLOR E NORRIS 1/2 GELD LLC
MEYER LOWELL C/O 602 E HYMAN AVE#1 MEYER LOWELL C/O
P O BOX 1247 ASPEN,CO 81611 P O BOX 1247
ASPEN,CO 81612-1247 ASPEN, CO 81612-1247
GELD LLC 610 EAST HYMAN LLC GELD LLC
MEYER LOWELL C/O C/O KRABACHER LAW OFFICES PC MEYER LOWELL C/O
P O BOX 1247 201 N MILL ST STE 201 P O BOX 1247
ASPEN,CO 81612-1247 ASPEN,CO 81611 ASPEN,CO 81612-1247
GELD LLC SIMMONS RICHARD P&DOROTHY P FURNGULF LTD
MEYER LOWELL C/O SIMMONS BRIAN P&AMY P A COLO JOINT VENTURE
P O BOX 1247 1500 LAKESHORE DR APT 18 A 616 E HYMAN AVE
ASPEN,CO 81612-1247 CHICAGO,IL 60610 ASPEN,CO 81611
ELMORE JOHN A II VOTIS GEORGE T PITKIN CENTER CONDO OWNERS
ASSOC
PO BOX 381 GALT INDUSTRIES C/O
WRIGHTSVILLE BEACH,NC 28480 767 5TH AVE 5TH FL 517 W NORTH ST
NEW YORK,NY 10153 ASPEN, CO 81611
WOODS FRANK J III PATIO BUILDING COMPANY LLC ARCADES ASSOCIATES LTD
205 S MILL ST STE 301A PO BOX 1066 RJS-RS INC C/O
ASPEN,CO 81611 ASPEN,CO 81612 304 S GALENA STE A
ASPEN,CO 81611
WOODS FRANK J III LESTER THOMAS D&LINDA T WOODS FRANK J III
205 S MILL ST STE 301A 1353 BLAIRMOOR CT 205 S MILL ST STE 301A
ASPEN, CO 81611 GROSSE POINTE,MI 48236-1022 ASPEN,CO 81611
517 E HYMAN LTD MOUNTAIN RESORT TRUST MTN RESORT TRUST
A COLORADO LIMITED C/O FISHER D C/O FISHER D
PARTNERSHIP PO BOX 4273 PO BOX 4273
517 E HYMAN AVE ASPEN,CO 81612 ASPEN, CO 81612
ASPEN,CO 81611
DINGILIAN DIKRAN A S VICTORIAN SQUARE LLC VICTORIAN SQUARE LLC
160 W 225 ST C/O GARFIELD&HECHT PC C/0 GARFIELD&HECHT PC
NEW YORK,NY 10463 601 E HYMAN AVE 601 E HYMAN AVE
ASPEN,CO 81611 ASPEN,CO 81611
VICTORIAN SQUARE LLC VICTORIAN SQUARE LLC LEMOS D&J 1/3 INT
C/O GARFIELD&HECHT PC C/O GARFIELD&HECHT PC PO BOX 321
601 E HYMAN AVE 601 E HYMAN AVE ASPEN,CO 81612
ASPEN,CO 81611 ASPEN,CO 81611
VICTORIAN SQUARE LLC VICTORIAN SQUARE LLC SPRING STREET PO
C/O GARFIELD&HECHT PC C/O GARFIELD&HECHT PC C/O GULFCO LTD
601 E HYMAN AVE 601 E HYMAN AVE 616 E HYMAN AVE
ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611
VICTORIAN SQUARE LLC LONG GERALD P&PATRICIA D TENNESSEE THREE RENTALS
TRUSTEES
C/O GARFIELD&HECHT PC MRS A E MILLER C/O
601 E HYMAN AVE 490 WILLIAMS ST 3506 HONEYWOOD DR
ASPEN, CO 81611 DENVER,CO 80218 JOHNSON CITY, TN 37604
BOOGIE'S BUILDING OF ASPEN LLC RODGERS PORTER R JR HANNAH DUSTIN BUILDING ASSOC
WEINGLASS LEONARD C/0 RODGERS CAROL L PO BOX 2238
PO BOX 11509 1300 S MAIN ST ASPEN,CO 81612
ASPEN,CO 81612 SEARCY,AR 72143
CERISE JAMES M&CAROLYN A NIELSON COL STEVE&CAROL D YERAMIAN CHARLES
TRUST 35.821%
501 S FAIRFAX PO BOX 12347
34425 HWY 82 ALEXANDRIA,VA 22314 ASPEN,CO 81612
ASPEN,CO 81611
HELLINGER FAMILY TRUST HUNTER PLAZA ASSOCIATES LLP GOFEN ETHEL CARO
HELLINGER FRANK AND FLORENCE C/O M&W PROPERTIES 455 CITY FRONT PLAZA
TRUSTEES 205 S MILL ST STE 301A CHICAGO, IL 60611
1849 WYCLIFF DR ASPEN,CO 81611
ORLANDO,FL 32803
KIEFER KAREN B TRUST 1/4 FERRY NATALIE JOYCE EDWARD
2130 NW 95TH ST PO BOX 166 11 S LA SALLE ST STE 1600
SEATTLE,WA 98117-2425 GLENCOE,IL 60022 CHICAGO,IL 60603-1211
SCHNITZER KENNETH L&LISA L HABER WILBUR A ARTLA LTD PARTNERSHIP
4023 OAK LAWN AVE HABER SANDRA WM C KING 406 BUCKINGHAM RD
DALLAS,TX 75219 20409 KISHWAUKEE VALLEY RD PITTSBURGH,PA 15215-1555
MARENGO,IL 60152
BISCHOFF JOHN C CURRIE VICKIE CAMERON JAMES 77.5%
502 S VIA GOLONDRINA 3101 BRYN MAWR COATES CHRISTIAN C 22.5%
TUCSON,AZ 85716-5843 DALLAS,TX 75229 4504 BELCLAIRE AVE
DALLAS,TX 75205
SCHNITZER KENNETH JR TREUER CHRISTIN L ABELLO ROSA
4023 OAK LAWN 981 E BRIARWOOD CIR N PO BOX 1569
DALLAS,TX 75219 LITTLETON,CO 80122 ASPEN,CO 81612
CHATEAU ASPEN UNIT 21-A LLC MNI INC WILLOUGHBY MARIAN V TRUST
BLDG 421-G AABC 57 BURNBANK STREET 12322 RIP VAN WINKLE
ASPEN,CO 81611 NEPEAN HOUSTON,TX 77024
ONTARIO K2G0H2 CANADA,
SHUMATE MARK HENDIRCKS JOHN AND BONNIE 1/2
INT
1267 STILLWOOD DR
ATLANTA,GA 30306 254 N LAUREL AVE
DES PLAINES,IL 60016
J.NICHOLAS MCGRATH,P.C. 600 East Hopkins Avenue
A Professional Corporation Suite 203
Attorneys At Law Aspen,Colorado 81611
Telephone[970]925-2612
J.Nicholas McGrath" Facsimile[970]925-4402
Tonia D.Inns,Administrative Assistant jnm@jnmpc.com
www.jnmpc.com
August 14, 2000
Hand Delivered
John P. Worcester, Esq.
Aspen City Attorney
130 South Galena Street
Aspen, CO 81611
Re: Cunniffe Planning Commission matter
Dear John:
I represent Furngulf, Ltd., the owner of a building adjacent to the Cunniffe
building on Hyman Avenue, and Carol Ann Jacobson Realty, a long term leasee of
space in the building on the other side of the Cunniffe building.
We learned somewhat by accident that the P & Z may be considering a
variance application on a trash site and the construction of a garage tomorrow
evening for Mr. Cunniffe.
I am informed that neither Furngulf, Ltd. nor Taylor Rentals, the owner of
Carol Ann's location, nor Carol Ann,nor Marty Flug,principal of Furngulf, received
any notice of the application or hearing.
We would like a reasonable opportunity to review the application and assess
the rights of these adjacent owners and tenants; thus, we think the matter should be
postponed.
Thank you.
Sincerely,
J.NICHOLAS MCGRATH,P.C.
By J. Nicholas McGrath
"Member,Colo.(19711,Calif.(1969),and D.C.(1966]bars
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