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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 �.,. WAt2CEL • 37-1 82 12004 p CUE�� 6/20/00 'IIES GASE N 3 A076 00 { 610E Hyman Ave Special Review for garage P-1 � �° 3J ,„„, 610E Hyman Ave 1S)E r Special Review ..!..i1N;1;i',- -t>4:;Charles Cunniffe Arc A2 610 E. Hyman S Aspen/CO/81611 N 925-5590 c� Steven Dunn I � 610E Hyman Ave 1S Aspen/CO/81611 925-5590 vv' � 1155D170� �/r \ E S er 1325 P ��/�� �\� _ ) \ / _ DUE r / y� V'h..�/,�.,'. R lei '.. \\\ / ..✓' 2�aii re�aa R /!, \aa� Y DATE.OF FINAL.A�TL.O O C.. t 3 CITY Citt4*k: 3 xr cc C, 1 � � j c / �-♦A JB I�L.AT(8K, Y// A3 MIN wor Z� v `\t \A` ti ����` 1y5 ��\� a ,�iirrr/.r�". `tea •✓ ' y�// 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 , rid s '!,. 1. , ;� � � •. , rn 0 2 C3 f ill% ;:*a* * lillf ff talk a ''- �` t'Oi.. s, i ��i,. ,. ,»�ss .. ?.: , �a.. ' f j ,''` Page 7 610 E Hyman Memorandum EXHIBIT C PHOTO DOCUMENTATION OF EXISTING SPACE ,iki ;;I:::, -,: :;',-2 -...-•\ '-0.'...:: - i ; ,, ~` tea 11 i g fx �p 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. i i t 33 p 1 .a w so.,,,» ,vssa m,✓� % �9. r A "" nY' fdl r � r E t l•�^ �! ��� stmtr y/ r 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 ASPEN • CARBONDALE • TELLURIDE • VAIL - • y f Of ' Ls"//ayi+�ii y/ '\ .�': VIFP f I '"�• ._.w+...f--e/ q N..-' `` ' Q Of 2. 3 .•-• jai 104 r _ o � ---: ----; S 4 4 2 t 3. i.i- ,, r 4.r ,....4.'i i !✓ Q m, iU_ WJ .fG` s 'CD" 4:::013 y a 9 0 `° ` _. *1-`'3 � g; AdA1LOi , Fuels m �dc`th* -o P F�_-7-.Yo t v �k°pt ' _�yWe Ln �> vrri V :b$ JSa�rur�' '4/•1"a t�� �-. J` o4j aiin -r VCi' ...'.'.. .+e.Q • . 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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. 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O) CO C at D Cu ro o 10 O) i O1 ro L ro O1 co — _ 10 r 1' 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 a•� v s� ril M o o 0 7' . , (D .< Oc 2 ' r 1 D = $ 0 co ' -'-r r, N e S a EXHIBIT C PHOTO DOCUMENTATION OF EXISTING SPACE .T4:'1 . ,� a» ,. - ,. . ,r 5 , - ' i , ....4. ,. , ,• - .. . k ,. '" 4 ,alb°4• ♦ � a • 4` ,r se' '}, #s S I $ �d Ei fir ;.; _ e/1.- , a ... il ` S g„k ' ' - -lz=:—:-"-- 1. ' 1,7:::'"'.','—';‘-tz' — '"� `' - a ',:4'.4:.''''',:::'.!..:':4- a 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. n • —,., , .4.,,liv,:c,.., ,..&k ,4 ..... ,.,...,;„;,..- „-,,,,,,,i,:t;:4:-.._ ,<•',t.,1 Vie. .,, n . � s ,41,,,,. R k III , . i,. ,:„, : -: I ..,. . , 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 Vr La• t ,�`--- "ere„ Ct.. M 1:-'---,,,. Jtt w-°=Q o dax °D E .- a S 7 . " s 'G 01 of t O r—.,,ti• Y ;v Si. ; I y II ri��ts c,5;Pp f ej1C ") 15Q ".''''''.J*„ M•.. .EAVpue,�p • FIO� '%.. t ;b x � 5 ,(eA. �R' / �r !� ,t`f _71b.„ d.,.... L.A R' G,�} Q C, � 'w � ! 2 i 1 .y mfggid --- _ ��eH ' O So '. .4-•''''', ? ..... b ej �, y % �l; -ego Q,r o `f�co s ...i oe .. 3m s 5 I1 _ r '.five o .....M...%.470 0 " te, lsye,, �4 Q,. Y i '' Q; ! `J�Sliver Queen gg �. _• t, d. eu .<'`.. 1 V 'O Gondola i ya _ c i N x _, IV - 1 t y. MIS`- !y. p a�Y 1 O f �°•w Z4 { y •gQ. GAS �gKe d Iv ,�y I .; y Q o r �' �5, -;. m le e s 1 @; -- "A ni g .0' JJ j .1, ya_ ` �S4 uZv w e �: 1 t 1, 4?.l '°114/77--- i` ``"' •----1 r/f psi. l CV 1----4 1 �f is' 1 1 f sMOpeaNr t I� ,S t 11111111C Dr iiiew �`�,er - - = r tle creek nete►Y Ln etdP OH w 0 r -moron p �- K Qua o°G.t ,,- BgNe dreg - i ..............c C 0 04 , . . . ,.___,_. _ ....iiiiiiifpii,or, EN:" • 1 r---__ 1 / ----...__ ....., ,....._ ,4/L / , 1 / : 1.-- / i ., 1.1.1 . / , ,, .. - - - 141411111 . . ,' Cr . I i--.. • , . ., , -_ , , . .._ , - _ ; / . .. ' CO / 1 i 1 "--- 6:49'vf:/ / 1 1 1 cz , , ,, L OT K / torgll7w 4410 Ili i 1 I / , , lite z i LOT L /4111.6.181., 1111ftimr i / • ! , . , co , ,,,/ LOT N /, i --__ 4X-,Y7c . . , I I . ,1 , ,•-- --, / Ir . ; . Tii " , I ,--____s _ --.. ' * l —..... ---_. , , .. ........, — q,- zoom , . —., ----: 1 . . • --_, --,....„ ,; r • -------._ '--...,--- 1 / ------_, c 1 , • _ .._____ -----, • „ . —_. t -...,---.....-___ -______ ...__ 6 . isi Y A44 0 SITE PLAN u E. 1" = 2 0' 610 BUILDING CHARLES CUNNIFFE ARCHITECTS C 610 E.LAYMAN CA ASPEN.COLORADO /3/ car 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 r; Mar 16 . 2000 v 2 17PM'"T„° �n,�, ”°�`, (U944UOUI P o 1015'°z P 2'b-OZI :if tom(l Land Title Guarantee Compan s:,.: 6; y Date;'• February 19, 1999 1 j; t , i�?•.jr • , 1 ? 'r1,' ; 'T.BA'I<'t0 N.A, ,ro�,,�,� 9 SOUTH MILL STREET v !I,1' ''ASPEN, CO 81611 lie '`' LIZ COLLIER Re: Your Ref. Number .:,','Enclosed please find your Land Title Guarantee Company loan policy insuring the property at g ' *YMAN ASPEN COS 6 1 .;. 1.?'1 and owned by 610 EAST HYMAN LLC A COLORADO LIMITED LIABILITY Y COMPANY °�'', ,' The following endorsements are Included In this policy; =A; ' Endorsement 103.2 I;, 1 ,I .,',',.:1 '.Please review this policy in its entirety. In the event that you rind any discrepancy, or If you have any questions r'.,• or comments regarding your policy,you may contact Title De artmsnt 1 1)13;',11,:i Phone: 970-925-1678 Pax: 970-925.6243 ' 1,: Please refer to our Order No. Q380075 We at Land Title Guarantee Company believe in delivering quality products that meet your needs, and our goal is to provide the most efficient, reliable service In the industry. Thank you for giving us the opportunity to serve youl N ! .�Sincere! , zio, i" ';', 1''.. 4--- so- "' 1r1.1.Land Title Guarantee Co .any WI' . 'y RY i . • ''t Received Time Jun . 14. 1 : 21PM • ,Mar. 16 2000 ' 2 : 20PM'rcrrcai DA1Yn Aaron 2705440501 do . 1015.0T/P , Jib-021 ,f a, ,H'„ Form AI,IORT LTG Policy No, LTFJ380075 ,Y 1 I 1 -•4- ..; Our Order No. Q380075 Amount $1,207,500.00 Schedule A ;I� 0 I ",1 Property Address: 610 E HYMAN, ASPEN, Co 81611 ;i I: Policy Date: February 18, 1999 at 4:11 P.M. ' ,• 2. Name of insured: NORWEST BANK COLORADO, NATIONAL ASSOCIATION ,' I. ,: -:Mar , 1 6 . 2 0 0 0 4 2 : 21 pM'xwn i GANA AVVI ST05440501 h o • 1015.10/p • 10-021 LAND TITLE GUARANTEE COMPANY t I, ` patted. February, 49, 19.9.9 ENDORSEMENT 103 .2 • , Case 080075 'rF.'' .Policy LTVJ380075 ' $4;; Loan . 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 - : . shall. 'sustain in. the event that the owner of adjoining lard shall compel,rpursuant to final judgment or court decree, the forced removal of any portion `{ i of the improvements on the insured land which encroach upon said adjoining land as referred to in paragraph 9 of Schedule H-z. S;. The total liability of the Company ,under said policy and any endorsements ,, therein shall not exceed, in the aggregate, the' face amount of said policy �t�.,�,, and costs which the Company is obligated under the Conditions and Stipulations i. thereof to pay. 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 • herein expressly provided as to the subject matter hereof. • • r,. ti I Reprosenting Old Republic National Title Insurance Company Received Time Ju� • 14 1 : 21Pty 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: ` 11 (1Q OA 1,1 A.)e. CC o►(of 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 r /l� d„ � XD �t , / /2 z - k w.�-�_�y .plc_ � 2(0. y 3o 2- 04 iJ;)t1��o ( -1 ���, �„i I --/ 1 /7-�''"� ,.4--'1,_,' f'6 -/o l3-6/ rr ; j 4- ��, 1 -, 6) A C - Cam.- L��:�, ,. �I )--,4„--7 / (1 21 VA_ ic 4.-1, I , K . � /24.�,(7.�1 ' a, 4, - -,�✓ i, -1,,- .1.-iii /4,I.`} 5 _/ A- . S • • 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. 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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 . . 4. N. %14 le) ) Ni )■. 4 ,.. y ) N. I / , . i / _,...., I i i ,.... --.., / - / i / / i ; 1 /-... / • , ill / , / , , , i 411111 / / / / Cr / ' f---- • , _ , CO /, / 1 /i II/4114,, :4,7,t, A I---- - - I" 1 / 1 ,' , MIR* eki.S7-ik° .'41 .;;;____ CC 1 I I LOT K / ill / 1 /11P7 / ° 1111Sti k.... , LOT L Z / /.4.11"ar•....1A4 / i k r fte , / , i / / i ilt- i , Co / 1 / f „; , _ 61 • / E-,r LOT N 1 1 / . /a to Er al / i / fi 1 1 , , . . , , 1 --- --.-___ ._. .., ____ -....-__ „ . , , .„. •......,, -.. .-.4. ----) ---.. - -1-- • ----_ , -.. _ ___ / _ ____ ;:: I 1 ----,__ . -. 41111i ---.. -----__ ------/ ---- ---..._ -----_____ E. ED SITE PLAN AVE- Li N, , E- 1" = 20' 670 BUILDING CHARLES CUNNIFFE ARCHITECTS C 610 E.HYMAN CA ASPEN.COLORADO