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MEMORANDUM
TO: Aspen Building Inspector
FROM: Aspen Planning and Zoning Commission Ordinance
19 Review, Subject:
:44‘
On /J/71 the planning commission reviewed
the above building permit and it was
approved
denied
Conditions :
Planning Office
Dated this /V/day of ; 714VLet.k . , 197#
TO: Aspen Planning Commission
'FROM: Planning Office
•
0.1? SUBJECT: Bergman Building - Ord. 19 Preliminary & Final Review
DATE: March 7, 1974
Conforms with conceptual approval, except that applicant
P PP � P PP licant
} has requested a reconsideration of buy out parking and
related use covenant as per Ken Hubbard' s memo.
iv
'IAN Considerations :
' " 0(1. Engineering Dept. requests run off retention
provisions .
Curb, gutter and sidewalk on Main Street.
Turn radius off of alley into loading area.
2. All other referral letters are positive.
3. Trash storage and removal.
4. Historic Preservation Commee comments .
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MEMORANDUM
TO : Donna Baer
FROM: Ken Hubbard
DATE : March 4 , 1974
RE : Bergman Building - Outline and Attachments
for City P & Z Consideration
I am getting this to you today in hopes it can be
distributed to P & Z members at their March 5 meeting for
review by them before we appear at the March 7 continuation
meeting.
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.re e 5 4r°�o dry 6 a lette. to • valid soil and
In h1 �� -.t g es�i Ua aecislo agreem 1 g o.f�.
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tn�ac�ee'1�� y�av been r wrotf�
z.t �,r . b Baer r
Co--. 5 wV�,�era11Y • ��, D°nn. fed C
ue�iremeo ruary 27 , 6 c°�y urtrer d1S
re� ��_ Febr sa should be f
y --e arch 7) meeting
is t o 0
titer
Aspen P & Z Commission
March 4, 1974
Page two
5. I discussed d this with Donna
Stullerw 28, 1974, and put in Baer by telephone
that same day• put
of a call to City Attorney n
have not yet discussed these the date of
this new Sandra
matters with her.
Memorandum, I
6. It would a
is very much appear that the
is closet up in the air off-street parkin
Y related, , and since the g question
is
your ' I think there use covenant
those of t feelings and opinion both further questions, question
�ttachmentse applicant pinion on both discussion •
(which are fully questions, plus
you have time to review described in the
7. Whatever the review them) ,
rchitects that the result, I am advised b
rchitects the twenty number of parkin by the
Y provided g spaces Bergman
he final pent for in the should be less
which were submitted proposed kgreement
last week, , under
•
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}�[.��-p en �- ._ �i�� box v
aspen t ��'. .P_a .�'p a`a g''sA Y 1
E r
February 27 , 1974
Mr. Carl Bergman
P. 0. Box 1365 •
Aspen, Colorado
Dear Carl,
Your building is scheduled for preliminary and final Ordi-
nance 19 review before the sub committee tomorrow evening
and before full P & Z Commission on 3/5/74.
The City Attorney gave me a copy of Ken Hubbard' s letter
to Phil Mahoney concerning parking for your building. The
new "non desirability of off street parking" position
mentioned in the letter has been a recommendation of the
planning office and has not been
of the parking
own policy. Therefore a reconsideration
question for your project should originate with the P & Z
and can be discussed at the March 5th meeting.
Secondly, I should remind you that the P & Z had conditioned
their approval on a deed specifying agreed upon
uses for the building. It will be necessary to demonstrate
at the March 5th scdtisgathat yttofstherequirement
ofhas
thebeen
meeting
satisfied. Enclosed copy
which your building received conceptual approval.
Yours truly, fyZc
Donna Baer
Planning Office
DB/bk
cc: Ken Hubbard, Holland & Hart
TO: Planning & Zoning Commission
FROM: Planning Office
SUBJECT: Historic Preservation Committee Review of Bergman Bldg.
DATE: 3/4/74
The HPC reviewed the plans for the Bergman =Building and
commented as follows :
1. The building should have come to HPC
before final plans were prepared.
2. Brick facade is good.
3. Set back is consistant with adjacent buildings
on the block.
4. Overall building size overpowers and detracts
from smaller scaled and regularly spaced structures along
the block.
5 . Remaining 3 facades are concrete block and
not in character with neighboring buildings . Concrete
blocks are designed with repetative vertical groves on the
facades which are not compatible with horizontal facades of
Eli' s and the adjacent houses ; vertical design accentuates
the height of the building.
6. Increased size of structure at the rear
has a potentially important visual impact on smaller struc-
tures seen from Hopkins and possibly Mill St.
7 . Large expanse of glass is not consistant with
amount of glass in other structures where openings are less
than 50%. Also, there is concern over lighting impact at
night along the section of Main Street where existing interior
lighting is not significant. Awnings over portions of the
windows and entrance could help relieve the expanse of glass
and impact of interior lighting as seen from the street.
3
TO: Ord. 19 Review SubColrmittee
FROM: Planning Office
SUBJECT: Bergman Bldg. Prelim:?._ nary & Final Review
DATE: 2/25/74
There will be a meeting to revi ew t1_-he above application
on Thursday, February 28 , 1974 at 5 :00 p.m. in the
Planning Office. Bergman Bldg. plan and file may be
reviewed in the planning office.
Planning Department
City of Aspen
Aspen , Colorado 81611
February 14, 1974
Re : Bergman Building
To Whom It May Concern :
I have reviewed the plans and specifications for the proposed
Bergman Building on Main Street in Aspen .
We will be able to supply the necessary electrical services to
this project in the spring of 1974 .
Respeetfully ,
, //,' 7-P ---' --7 _ ) ././ t4',.7,(_ 6 .),,,,,c.:
Thomas Madd'alone
City of Aspen Electrical Department
Planning Department
City of Aspen
Aspen , Colorado 81611
February 14 , 1974
Re : Bergman Building
To Whom It May Concern :
I have reviewed the plans and specifications for the proposed
Bergman Building on Main Street in Aspen .
The required water service can bem supplied
dh spring e
with our xi1ting
water supply system, with a tap , u
Respectfully ,
City of Aspen Water Department
9
•
•
•
Planning Uepartment
City of Aspen
Aspen , Colorado 81611
•
February 14 , 1974
ke : uergman building
To Whom It May Concern :
I have reviewed the plans and specifications for the proposed
uergman 3uiiding on ■air► street in Aspen .
The required water service can be supplied wi to our existing
water supply system, with a tap , made in the spring of 1974 . •
Respectfully,
City of Aspen Water Department
•
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Steve Wendell , owner and bu .leer of the projccL, ::a;
present and stated that from the conception of the
project, all 6 units had been conte: platad. r'(.g �ru
to the sewer taps , I.cig ht variance , etc. . .
Wendell further pointed out willingness to give
cash dedication to the City .
Vidal pointed out his concern for the literal inter-
pretation of the building permit. Stated that he
felt this was an administrative problem, and that
possibly the permit was valid. .
Ms. Baer stated that they proposed to add 2 units of
2, 000 :quire feet per unit. Further pointed out that
Aspen Metro Sanitation had already hooked up for 6
units.
Geri Vagneur made a motion to approve the preliminary
and final plat for. the Caribou Condominiums on the
following conditions : (1) owners agree to future
transit, street, and drainage districts ; (2) land--
- scape and drainage plans meet with the approval of
the City Engineer; (3) offer a 4% cash dedication
to the City.
Motion was seconded by Johnson. All in favor, motion
carried.
Chairman Adams pointed out that the project would
still have to go through Ordinance fa.9 Review by
the Advisory Board.
Bergman Building - Ms. Baer distributed a letter from Ken Iluhbard, at-
Ordinance tl9 torney representing Bergman . The letter contained
Review information concerning uses and parking for the
building.
Bergman pointed out that the Commission had given
approval of everything but the parking at a previous
meeting.
Discussion followed concerning the cost of buying
out the needed parking spaces . Commission consensus
was that $4 , 000/space was reasonable .
Jenkins made a motion to approve the building on the
condition that they covenant the uses and that the
City Council could negotiate the parking cost. Seconded
by Johnson. All in favor, motion carried.
Johnson moved to adjourn the meeting , seconded by
Jenkins. All in favor, meeting adjourned at 7 : 50 p .m.
_-
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1, a
September 27, 1973
Aspen P/annirg & 'Aining Commission
cio Ms . Dovna Baer
City Planning 011ice
P.O. Box V
Aspen, Co. 81611
Re : Bergman Building - Ordinance 19
Note/ Jerome Viewpiane Ordinance
Ladies and Gentlemen:
At your meeting of September 4 , 173, you approved the pre-
liminny plans for thii buildin on tile condition that (1) a
list of uses be supplied for review and (2) pal;ing requirements
be negotiated . Vie are on the agenda of your October 2 meeting
to present our proposals in this regard .
1. UF;es. X advised by my c/iont that the second floor
balcony wra—be devoted to furniture . The j!irst floor and below-
ground area will be- Czvoted to larf;e (refri,gerators,
washers , dry , ( tc.) , 1l appilan,:ws (totvrs, wimi7rs, etc . ) ,
electrical items (T.V. sets , radios and stereo ots) and bard rood
ite , much t. ; slc613, lawn ceri , bicycleF4, 73porting goos
nnd other rAmilar departN.ent or nppliaeo tore hnrd vood itcL.1s.
The nc- w store, will or., trIve riny of the high-traffic-
geerf?titig items : .,:tZ7zittos , ice cre:Im cons , cancy 6ars ,
priapnred food , groceries, mall gift i'Z:QMS, jewelry,
ski eouipment or clothing, or drug items.
The Bergmans visuali approximately 1 clerk per floor at
any one tir:lo , with the first floor being the prary retail center.
It will probably t%ko a number of years for the store to reach its
potential , or;pecially the below-ground area , and it should never
be a high-traffic generator.
pen P & 2 C- 'm '
,eptember 27, _V.
Page two
2. Parking. Considering the uses listed above, and the
backgrounT7T-Tile Bergn's application, we feel that the park-
ing requirements should be no more than the eisting zoning
requirement of 1.5 spaccs per 1 ,000 square feet of space . But
for the timing of the proposed vlewpiane ordinance , the Bergmans
would have been granted a building permit based on this formula ,
and it is submitted that the existing formula is adequate to
handle the relatively low aiRount of traffic which will be_gen-
erated by the uses listed above.
Furthermore , as the revised pinns being submitted will
• show, they have accepted your recomendations Concerning elimin-
ation of the car elevator and the planned underground parking ,
and are ready to purchase spaces from the City . They would like
your recommendation that the price be soewhat less than the
current "standard" price of $4 ,C00.00 ar space , perhaps $4,000.00
per space instead , in recognition of the uncompensated above-
ground retail and office spice which tiny had to give up in order
to accommodate the view plane .
In • summary, they are quest±n . your approval of a formula
of 1 .5 spaces per thousand squLe cet , or 17 Epaces for the new
building , plus the Li spaces wilih they feel they "me" the City
for Carl's Pharmacy , or a totA. oi 20 spces. They would agree
to purchase these froli the City wader the !-O-year payout formula
and the standard contract arranment which Yred Wooden has
furnished a copy of, but request your recodation that the
price he at $4,000 per space rather than $4 , 00, in recognition
of what they have given up, to wit :
(1) Their plans to build a 35-foot building-instead they
are building one which will be within thel7/25foot limitations
of the proposed view plane ;
(2) Approximately 3869 z;quare feet of usable building space ,
for which they are not otherwise being compensated;
(3) Plans for underground parking and a car elevator, in
recognition of your desires that they instead buy spaces from
the City; and
(4) A considerable amount of time and money in attempting •
to reach a workable compromise rather than litigate with the City.
pen P & Z Cf I.
epteasher 27,
Page three
Since we are almost there , we hope that this final question
will be decided without ay great dilficulty and with a continu-
ation uf the good faith eLlorts o all com:erned to reach a
satisfactory compromise .
Sincerely yours,
.1:r•nneth D. Ilubbrd
for HOWND & HART
EDH/bw
cc: L . & Mis. Carl Bergian
M. . Robert Fischer
Pielstiek-Ro*olac%
October ?5, 1973
Mr . Russ Campbell
Aspen City Manager
P.O. Box V
Aspen, Co. 81611
Re : Bergman Building -
off-street parking agreement
Dear Russ :
The enclosed proposed off-street parking Lease Agreement is
being submitted to you for approval under Section 24-9 of the
Municipal Code , which calls for your approval of the terms and
conditions of such agreements ( ;ec . 24-E4(f) , pige 1516) . The
City Planning and Zoning Coranission on October 2 , 1973 , under
Ordinance 19 approved the building plans and the off-street
parking proposal outlined in my letter to them dated September
27, 1E?73 . A copy of this letter and the pertinent portion of
the minutes of their October 2 caeeting art: enclosed . The Lease
Agrecuent enclosed incorporates these decthions and recomraendations ,
including a covenant concerning the uses outlincd .
Your early consideration and , hopefully, final approval of
this Agreement will be appreciated. I have used the approved
City fors provided by Frcd Wooden back in July, adding only the
Section t Addendum relating to the use covenants requested by
P Z.
Sincerely yours,
ED11/bw Kenneth D. Hubbard
Encl. for HOLLAND a lima
cc : Hr . & Mrs. Carl Bergman
Mr . Robert Fischer
Pielstick hosolack
i
LEASE AGREEMENT
THIS AGREEMENT made and entered into this 25th day of
October , 1973 , by and between Carl R . Bergman & Catherine M.
Bergman
(hereinafter called the "Owner") , and the CITY OF ASPEN, (hereinafter
called "city") .
WHEREAS , the Owner is desirous of obtaining a building permit
for construction of improvements on his property described as
Lots E and F , Block 80
City of Aspen, County of Pitkin, Colorado.
AND WHEREAS , the ordinances of the City of Aspen require that
based on the plans submitted by the Owner to the Building Inspector
of the City of Aspen, the Owner shall provide 20 off-street
parking spaces .
AND WHEREAS , in accordance with Section 24-9 (f) of Chapter 24
of the Municipal Code of the City of Aspen, as amended , the Owner
is. permitted to lease or acquire parking spaces from the City of
Aspen in lieu of the construction of off-street parking spaces on
the Owner 's property and to pay the City the sum designated herein
for the right to construct improvements on the said property without
providing the required off-street parking spaces as required in
Chapter 24 of the Municipal Code of the City of Aspen.
NOW, THEREFORE, in accordance with the provisions of
Section 24-9 (f) , as amended, the parties hereto agree as follows:
1. In consideration of the payment to the City of
Aspen of Eighty Thousand and no/100 ( $80 , 000.00 )DOLLARS ,
representing Four Thousand and no/100 ( $4 , 000. 00 )DOLLARS
per parking space times 20 , being the required off-street
parking spaces , to the City by the Owner in payments as hereinafter
provided , the City hereby agrees to issue a building permit for
construction of the improvements on 'Lots E and F
L10C:ri. 80 , City of Aspen, County of Pitkin,kin, Colo u'_w,
subject to the approval of the pans and specifications of the
City Building Inspector.
2 . The above sum of Eighty Thousand and no/100 ($ 80 , 000. 00 )
DOLLARS shall be paid to the City by .the Owner in twenty (20) annual
installments of Four Thousand and no/l00 ($ 4 , 000. 00 )
DOLLARS each, which annual payments shall be made on the day of
, 19 which date shall coincide with the date of
the issuance of the Building Permit and every year thereafter on the
anniversary date until the total lease payments have been paid in full .
3. In the event the Owner shall default in making the payments
herein specified to be made under the terms and conditions hereof ,
the City shall have , upon recording alien statement in the real property
records of Pitkin County, Colorado, reciting that the Owner is obligated
to the City in the amount of such default and a lien therefor is
claimed, a valid and subsisting lien upon the real property of the
Owner herein described, which lien shall be subordinate only to liens
for real estate taxes and first and second priority deeds of trust
which may be made by the Owner , either before or after the date of this
agreement. Any such lien shall bear interest at the rate of
. )__per _ annum and may be enforced by 'foreclosure on said property
in like manner as a mortgage or real property. In any such proceeding,
the prevailing party shall be entitled to court costs and reasonable
attorney's fees therein. In addition, in the event of default, the
City may take such other action as permitted by law to enforce this
agreement, including but not limited to the termination of occupancy
and use of the improvements situate on said real property until the
default is corrected . The Owner hereby waives presentment of notice of
default of the payment or payments as hereinabove required .
-,
4 . It is further understood and agreed that at such time as
the City has constructed or developed parking facilities , the occupants
of the improvements located on Lots E and F , Block 80
Aspen, Colorado, shall be entitled to use 20 spaces
within said parking facility. Nothing contained herein shall require
the City to construct said parking facilities .
5. Upon payment in full by the Owner to the City, the City shall
provide a release in full of all obligations required herein, provided
however until such time as payment is made in full by the Owner to the
City the obligation contained herein shall be a lien and covenant
upon the above described property running with the land .
6. In the event that the City eliminates , in the future, the
requirement for off-street parking on the property herein-above
--- described, or in the further event that a Special Improvement Parking
District is established and approved incorporating the above described
property, then this Agreement shall be cancelled and nullified as of
that date , and the payments required hereunder shall cease thereon.
No refunds of monies paid will be made .
6A . See Addendum attached hereto and incorporated herein by this
-- reference .
7. This agreement is binding upon and enures to the parties
hereto, their respective heirs , representatives , successors and
assigns . I
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year first above written.
THE CITY OF ASPEN
ATTEST:
By
ADDENDUM TO LEA:,c rr
1.31-X;:ZLN (7d hnr. ; AD
CARL R. FrNGIAN AND CAI=1.712 E. unRGmAN
The parties to the captioned Lease Agreement hereby expressly
agree to the addition thereto of the following section :
6A . This Lease Agreement is based upon the representations
of Owner that the uses for the improvements in question will be
limited to furniture , large appliances (refrigerators , washers ,
dryers, etc . ) , small appliances (toasters , mixers , etc. ) ,
electrical items (T.V. sets , radios and stereo sets) and hard
good items such as toys , sleds , lawn mowers , bicycles , sportin,7
goods and other department or appliance store hnrd good items
and will not include magazines , ice cream cones , beer, candy bars ,
clothing , prepared food , groceries , tourist souvenir items ,
jewelry , ski equipment or clothing, or drug items . In the event
the City determines at any time and from time to time that there
has been a substantial deviation from these use representations
the City reserves the right , in its sole discretion , to increase
the number of spaces required under this Agreement to conform to
then-existing off-street parking requirements for a building
involving the uses which the City then determines are in fact
involved . In such event , the Owner shall be obligated to increase
Owner 's payments hereunder to match the new number of required
spaces and shall immediately pay that amount necessary to bring
such payments current to the time of such determination by the
City. The amount necessary to bring such payments current shall
be determined by (A) taking the additional number of parking
spaces required as a result of the City 's determination under
this Section CA times 5/6ths of the per-space figure then being
used in the customary off-street parking Lease figreement , and
adding the resulting figure to the original )80,000,00 due here-
under , and (E) dividing this new total by 23 years and multiplying
the result by the number of years which have passed from the time
of the first annual payment hereunder to the time of the next
annual payment following any City determination under this
Section 64 . The difference between this figure and t amounts
actually paid hereunder to that time shall be the amount required
to bring the payments hereunder current .
Any additional amounts due from Owner as the result of the
application of this Section 6A shall be subject to the default ,
lien and release provisions of Sections 3 and 5 of this Lease
Agreement . Any additional spaces required as a result of the
application of this Section 6A shall be added to the number of
spaces provided in Section 4 of this Agreement .
THE CITY OF ASPEN
2 y
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Stow: Wendell , c.i;'nsr and builder of the project , was
present end et::'ted that 3:,. em the conception of the
project, all 6 units had been conte p i.atad with IL.and
to the Sewer tape , hemc :aL variance , etc. . .
Wende3.1 further pointed out willingness to give 4
cash dedication to the City.
Vidal pointed out his concern for the literal inter-
pretation of the building permit. Stated that he
felt this was an administrative problem, and that
possibly the permit was valid. .
Ms . Baer stated that they proposed to add 2 units of
2 , 000 squire feet per unit. Further pointed out that
Aspen Metro Sanitation had already hooked up for 6
units .
Geri Vagneur made a motion to approve the preliminary
and final plat for the Caribou Condominiums on the
following conditions : (1) owners agree to future
transit, street, and drainage districts ; (2) land-
- scape and drainage plans meet with the approval of
the City Engineer; (3) offer a 4% cash dedication
to the City.
Motion was seconded by Johnson. All in favor, motion
carried.
Chairman Adams pointed out that the project would
still have to go through Ordinance #19 Review by
the Advisory Board.
Bergman Building - Ms. Baer distributed a letter from Ken Hu`;bard, et-
Ordi_nance #19 torney representing Bergman. The letter conteine
Review information concerning uses and parking for the
building.
Bergman pointed out that the Commission had given
approval of everything but the parking at a previous
meeting.
Discussion followed concerning the cost of buying
out the needed parking spaces . Commission consensus
was that $4 , 000/space was reasonable .
Jenkins made a motion to approve the building on the
condition that they covenant the uses and that the
City Council could negotiate the parking cost. Seconded
by Johnson. All in favor, motion carried.
Johnson moved to adjourn the meeting , seconded by
Jenkins . All in favor, meeting adjourned at 7 : 50 p .m.
_.._
•
February 6, 1974
Mr. Phil Mahoney, City Manager
City of Aspen
P.O. Box V
Aspen, Co. 81611
• Re : Bergman Building - Off-street
Parking Agreement
Dear Mick:
On or about October 30, 1973 , I submitted to Russ Campbell
a proposed off-street parking Lease Agreement under cover of letter ,
copy enclosed , which you probably now have somewhere in your files
The timing probably could not have been worse , since (1) the City
lost the Stroud case in Pitkin County District Court and (2)
Buss became c.7--City Manager at about the same Of course ,
the Stroud case is being appealed , but recent City P & Z state-
ments concerning the non-desirability of off-street parking
arrangements also lead me to request that this whole arrangement
be reconsidered at this time .
As you may know or will realize from a review of the file ,
this proposed agreement was the last step in a long series of
negotiations and P & Z meetings culminating in the settlement of
the Bergmans ' dispute with the City over their proposed building
plans and the sudden and substantial effect thereon of the
proposed Hotel Jerome Viewplane Ordinance and Ordinances 9 and
19. I would be happy to show you our file on this , or discuss
the entire situation with you, or both, but suffice it to say
for purposes of this letter that the Bergmans substantially
revised their building plans to accommodate the City's desires ,
all at considerable delay and expense to the 'Bergmans . City
P & Z, under Ordinance 19, did allow certain trade-offs , hut the
•
•
Mr . Mahoney
February 6 , I 74
Page two
Bergmans clearly came out on the short end of the stick if you
look at their original plans , their additional legal fees and
architect's fees , and the one year delay in getting their build-
ing started . These negotiations were cited at the recent Public
Hearing on the proposed new viewplane ordinance as good examples
of Citizen-City co-operation , which they were , but I emphasize
that the Bergmans did give up a lot to come up with something
the City could live with .
Accordingly, the prospect of spending an additional
$80,000.00 (albeit over 20 years) under this proposed Lease
Agreement is not an encouraging one , especially if the Stroud
decision invalidating these Agreements is upheld , and with
applicants currently being asked not to provide any off-street
parking at all . We would like to request that the City reconsider
this particular part of the "settlement arrangement" , under the
circumstances . I am stagy: Ling with you because the City Manager ' s
office is where we were when Russ left . Since the Bergmans plan
to start construction this spring and are in the process of
completing their final plans right now, this matter does need
to be resolved as soon as possible . I would appreciate having
your thoughts and comments on this one remaining major item as
soon as possible , and we are prepared to meet with you and/or
other appropriate City officials to discuss it at any time .
Please advise .
Sincerely yours ,
Kenneth D. Hubbard
for HOLLAND & HART
KDH/bw
cc : Mr . & Mrs . Carl Bergman
Mr . Robert Fischer
Pie1stick-Rosolack
P.S . This letter should not be read as an effort to bypass anyone
else with any authority concerning this question . I am sure that
P & Z was happy to get the entire project off their crowded agenda ,
and as my letter to Russ indicated , Section 24-9 (f) of the Municipal
Code calls upon the City Manager to establish the terms and
conditions of such agreements .
t_'t7j TT ANT
aspen , .l ._ ., b ox v
PP)
February 27 , 1974 .-
IIA ()) Ac4/1//4)) ‘70';'h
Mr. Carl Bergman
P. 0. Box 1365
Aspen, Colorado
4(6
Dear Carl,
Your building is scheduled for preliminary and final Ordi-
nance 19 review before the sub committee tomorrow evening
and before full P & Z Commission on 3/5/74.
The City Attorney gave me a copy of Ken Hubbard' s letter
to Phil Mahoney concerning parking for yolJr building. The
new "non desirability of off street parking" position
mentioned in the letter has been a recommendation of the
planning office and has not been adopted by P & Z as their
own policy. Therefore a reconsideration of the parking
question for -_,,our project should originate with the P & Z
and can be discussed at the March 5th meeting.
Secondly, I should remind you that the P & Z had conditioned
their approval on a deed covenant specifying agreed upon
uses for the building. It will be necessary to demonstrate
at the March 5th meeting that this requirement has been
satisfied. Enclosed is a copy of the minutes of the meeting
at which your building received conceptual approval.
Yours truly,
/ 6,7'
Donna Baer
Planning Office
DB/bk
cc : Ken Hubbard, Holland & Hart
February 27, 1974
Mr. Carl Bergman
F. p. Box 1365
Aspen, Colorado
Dear Carl,
Your building is schecjuled for preliminary and final Ordi-
nance 19 review before the sub committee tomorrow evening
and before full P & Z Commission on 3/5/74.
The City Attorney gave me a copy of Ken Hubbard's letter
to Phil Mahoney concerning parking for your building. The
new "non desirability of off street parking" position
mentioned in the letter has been a recommendation of the
planning office and has not been adopted by P & Z as their
own policy. Therefore a reconsideration of the parking
question for your project should originate with the P & Z
and can be discussed at the March 5th meeting.
Secondly, I should remind you that the P & Z had conditioned
their approval on a deed covenant specifying agreed upon
uses for the building. It will be necessary to demonstrate
at the March 5th meeting that this requirement has been
satisfied. Enclosed is a copy of the minutes of the meeting
at which your building received conceptual approval.
Yours truly,
Donna Baer
Planning Office
DB/bk
cc: Ken Hubbard, Holland & Hart
MEMO
TO: PLANNING DEPARTMENT
CITY OF ASPEN
FROM: ED DEL DUCA
ASST. CITY ENGINEER
RE: Bergman Building
Date: 2/14/74
After reviewing the site plan for the above
mentioned project I have the comments following:
1) The proposed project is in compliance with the
view preservation plan.
2) The storm drainage runoff should be reduced to
the historical rate of runoff.
Ed Del Duca
Aspen P & Z Comm
HOLLAND &HART
September 27, 1973
Page three
Since we are almost there, we hope that this final question
will be decided without any great difficulty and with a continu-
ation of the good faith efforts of all concerned to reach a
satisfactory compromise .
Sincerely yours ,
Kenneth D. Hubbard
for HOLLAND & HART
KDH/bw
cc : Mr. & Mrs . Carl Bergman - - - - - -
Mr . Robert Fischer
Pielstick-Rosolack
RECOR[ V1301.;EF:inNGs 100 _eati:
RecTi11 _,r Meeting Aspen Planning & Zoning September 4 , 1973
retention, seconded by Jenkins. All. in favor, motion.
carried.
•
Joint
Public Hearing - Chairman Adams opened the Joint Public Hearing with the
Crystal Palace -- Planning & Zoning Commission and. the Historic Preser-
Histor_i_c Zoning- vation Committee on the Historic Zoning of the Crystal
Palace.
The Historic Preservation Committee had a quorum present
at the Hearing.
Wooden pointed out that this was the first private site
they had initiated hearings on. Stated that he ' would
be asking for a directive to draw up a resolution for
recommendation to Council.
Wooden pointed out the location of the Crystal Palace,
and stated that it was built in 1891 . Further gave a
brief history of the building.
Wooden stated that it personifies a type of commercial
building built in the downtown area during Aspen' s early
mining days. Pointed out that it meets the standards
and criteria,important historically and architecturally,
• and is being put to good present day use.
•
David Finholm, Chairman of the Historic Preservation
•
Committee, stated that Florence Glidden had done the
necessary research.
Finholm submitted a letter Metcalf , owner of the Crystal
Palace, requesting historic zoning, which was received
by the Historic Preservation Committee.
Vidal questioned if some type of preservative had been
used for the owl sign.
As there was no further discussion, Chairman Adams closed
the public hearing.
Johnson made a motion to authorize the Resolution recom-
mending Historic Zoning for the Crystal Palace, seconded
by Lewis. All in favor, motion carried.
Carl Bergman - . Carl Bergman was present and stated he was submitting
Ordinance #19 the' same plans he submitted to the Commission for the
Review view plane consideration.
Ms . Baer stated that the Planning Office was satisfied
with the building and felt it would satisfy the view
plane.
Ms. Baer further recommended that the drainage require-
ments be in line with the Wright-McLaughlin Study and
satisfy the City Engineer.
Commission discussed the parking requirements for the
building. Under the old requirements , the old building
was required to have 11 spaces and the new building was
required to have 14 .
Bergman pointed out that he has provided for 12 spaces
underground.
•
f EGOHD OF' Paltrl:I: D /GS 100 Lea 'c s
rx t
1_ September 4 , 1.9 , 3
�Aee�lr7g- Aspen Planning E Zoning �' r ' < "'.
Ms. Baer felt that the new building was for extremely
intensive use, and therefore felt that there should
be provisions for more parking.
Bergman pointed out that there would be no food or clothing
sales in the new building. Will be for sporting goods ,
appliances, etc. Did not feel this was too intensive.
Vidal stated that he felt 2 parking spaces per 1000 and
an additional 3 spaces from the old building should be
required unless Bergman could show less intensive use.
Ken Hubbard , attorney representing Bergman, stated that
they would like a compromise on the parking spaces .
Chairman Adams stated that he felt approval was in order
conditional that at some future date the Commission
could determine the parking requirements.
Jenkins stated that he would like to see them use the
parking spaces in the basement for storage and buy out
their parking.
Vidal stated that he felt the price for parking could
• be negotiable. For approximately $48 , 000 over a 20-year
period with no interest, could buy out parking and use
the basement space for storage. Felt Bergman should
consider this alternative.
Chairman Adams stated that the uses weren' t established,
and the Commission couldn ' t make a decision until the
• .Fib t' 1. u�e.�,..r.were appro∎rea -Felt -Se m n .CihOuld •l..oT_ e r) ek 'L,fl'•rr•'.
the Commission with the uses for the preliminary and
final review.
Jenkins made a motion to approve the preliminary plans
on the condition that uses would be supplied and could
negotiate the parking requirements , seconded by Vidal .
Lewis stated that she would like to have the categories
well--defined.
Main Motion All in favor, motion carried.
Christiania Commission reviewed letter submitted by Steen Gantzel,
Lodge - owner of the Christinia Lodge.
Ordinance *19
Review Ms. Baer pointed out that the Planning Office had re-
commended cottage-style structures suitable for the site.
Gantzel submitted a counter-proposal, which consisted
of. two 2-story chalet buildings, each containing 2 units .
Gantzel stated that the 2-story chalet, would occupy an
area approximately 36 feet in depth by 48 feet in width.
Structure. would be located on Lots E and F.
Ms . Baer stated that the Planning Office was satisfied
• with this plan , but could not commit itself to a
building in the .distant future , which Gantzel had pro-
posed.
Vidal suggest treating the project like a PUD, and then
could give Gantzel the guarant;L e if he submits plans ,
would allow some flexibility .
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HOLLAND & HART
ATTORNEYS AT LAW
500 EQUITABLE BUILDING
JOSIAH G.HOLLAND DON D.ETTER EVENTEENTH STREET ARTHUR C.DAILY STEVEN M.HANNON
730 SEVENTEENTH
H.HART JAMES T.MORAN JEFFREY C.POND JOHN O.COOM BE
JOHN L.J.HART KENNETH D.HUBBARD DENVER,COLORADO 60202 JOHN UNDEM CARLSON EUGENE F McG UIRE
WILLIAM D.EM BREE,JR. ROBERT L.VER SCRUBS BRUCE W.SATTLER LINDELL L.GUMPER
JAMES L.WHITE GORDON G.GREINER RANDY L.PARCEL SOLOMON N.BARON
PATRICK
LAUDE M.WE R,JR T ROBERT E.DURHAM,JR. TELEPHONE AREA CODE 303 292-9200 JOSEPH N.DE RAISMES ROBERT J.MOIR
ROBERT M.MAISON H.GREGORY RY AUSTIN GRAHAM M.CLARK,JR. MARK R.LEVY
ROBERT P.DAVISON H.GREGORV AUSTIN DAVID G.PALMER JEANNETTE P.MEIER
JOHN FLEMING KELLY L.WILLIAM SCHMIDT,JR. JUDITH BONNIE KOZLOFF R.BROOKE JACKSON
FRANK H.MORISON JAMES P.LINDSAY CABLE ADDRESS HOLHART, DENVER MICHAEL D.MARTIN BRITTON E JACKSON
WILLIAM C.McCLEARN EDWIN S.KAHN WALTER W.G MARTIN
,JR.
JAY NALLENEY,JR. SAMUEL P.MUTTON MOUNTAIN PLAZA BUILDING RAUL N.RODRIGUEZ
JOHN ALLEN MOORE JOHN S.CASTELLANO HE E BENSON N JACK L.SMITH
BEN E.CH Aw DENNIS P. 0. BOX 1128, ASPEN,COLORADO 81611
JAMES E.HEGARTY ROBERT E.BENSO
FIELD C.BENTON DONALD O.KINONEN TELEPHONE 925-3476 AREA CODE 303
DAVID BUTLER RICHARD M.KOOK
J.MICHAEL FARLEY CHARLES T.BRANDT August 1 7, 1973
WARREN L.TOMLINSON ROBERT T.CONNERY g
BRUCE T.BUELL HARADON BEATTY
HARRY L.HOBSON
OF COUNSEL
Aspen Planning & Zoning Commission
c/o Mr. Herb Bartel , City-County Planner
P.O. Box V
Aspen, Colorado 81611
Re : Bergman building - Hotel
erome Viewplane Ordinance
and Ordinance 19
Ladies and Gentlemen:
Since I am not sure which of the points and questions raised
in this letter are more appropriate for Herb and which for the
Commission itself , I am sending sufficient copies (again) for
circulation to all members of the Commission and Herb, all in
care of Herb, and at a time when our Ordinance 19 appearance has
not yet been put on the agenda, to the best of my knowledge .
I would first like to summarize what has happened to date .
As you know, the Bergmans were almost at the point of applying
for a building permit when the Hotel Jerome Viewplane Ordinance
was recommended by your Commission. Under Ordinance 9, this had
the effect of prohibiting the issuance of a building permit ,
since the building then on the drawing boards would have intruded
into this viewplane in violation of the recommended ordinance .
As we have discussed, the validity of viewplane ordinances
in Colorado has not been decided by the Courts, but there is
authority from oTHWr jurisdictions, mentioned in my letter of
August 6, which would indicate they might be treated as the taking
of a scenic easement through the air space owned by the landowner ,
for which compensation must be paid. Since the Bergmans really
wanted to build a building , rather than be the first to litigate
a viewplane ordinance in Colorado, it was decided that we should
attempt to reach some sort of compromise solution.
Aspen Planning & HOLLAND & HART
Zoning Commission
August 17, 1973
Page two
To date , I think all concerned have been satisfied with the
results . Your commission did not like the first revised building
proposal any more than we did, but agreed to ask City Council to
table the proposed Hotel Jerome Viewplane ordinance to see what
else the Bergman 's architects could come up with. The architects
then came up with a revised and more attractive building but one
which would not intrude into the viewplane. This was to be
accomplished by a proposed partial intrusion into the front open
space otherwise required and a substantial diminution and re-
shuffling of interior space . You then approved the first part
of our requested "trade off" , which you are empowered to do under
Ordinance 19, but deferred action on our request for the elim-
ination of some of the required parking spaces until a later full
review under Ordinance 19, and promised we would be put on the
agenda for this review as soon as possible , hopefully within the
next 3 weeks (now 2) .
At this point , I only wish to make certain we are all in
agreement on the following :
(1) That the material which has been filed to date is
sufficient under Ordinance 19 for review of our "conceptual or
sketch plan presentation" . Please advise as soon as possible if
anything else is needed in this regard.
(2) That the planned use is an "appliance store" exempt from
review except for "lot and yard requirements and building heights"
and modification of off-street parking requirements (See Ordinance
19 under A . Central Area , Sections 1, 2 and 3) .
(3) That the front open-space instrusion having been approved
at your August 7 meeting (as continued to August 9) and the revised
building height , in conformance with the viewplane angle , in effect
having been approved at that same time , that the off-street parking
question is really the only one still to be reviewed and resolved.
(4) That in reviewing our request for .the elimination of
some of the required off-street parking spaces, you will consider
the background, as recited above , of this particular Ordinance 19
review, and remember that the Bergmans are not asking something
for nothing. They have given up quite a biro accommodate the
viewplane , where legally they were probably not required to do
so, at least not without compensation. However, we trust that you
will continue to show the good faith and willingness to work out
these problems with us that has been present so far.
Aspen Planning & HOLLAND & HART
Zoning Commission
August 17, 1973
Page three
If there is any substantial disagreement concerning the above
points, I would appreciate hearing from you before the scheduled
August 27 public hearing on the proposed Hotel Jerome Viewplane
Ordinance . Otherwise , we will plan to cover the remaining matters
to be reviewed, as indicated above , whenever we are next placed
on the agenda. We hope , of course , that this will be soon, and
perhaps within the 3 week period mentioned on August 9.
Sincerely yours ,
Kenneth D. Hubbard
for HOLLAND & HART
KDH/bw
cc: Mr. & Mrs . Carl Bergman
Pielstick - Rosolack
P.S . Since writing the above , I have been advised that we are
on the agenda for your September 4 meeting , so my questions
concerning "when" have been answered.
CARL'S PHARMACY
00
P. 0. BOX 1365 ASPEN, COLORADO 81611
JEROME BLOCK TELEPHONE 925-3273
:x_zust 7, 1973
As-oen ilarinin an
Commistion
Asnen
Colorado 61611
ilease consider this letter an a7)plicaticn for
r2reli1 inary buildin :oermit for construction
of a buildinc,, on lots _LL and 2 in :dock 00, 0-1
Oiotrict , fire Lone 2 in As-pen, Ooiorado.
The use of the bui1din i11 be for retail sales
of larEe appliances and related items includin
stora-e facilities. The proposed -)lans indicate
to floors above :;rcund and two floors below
:.round.
This structure Ti1l be clesinej to fit in with
the historic Jerome 21ock imace.
Very trul
Ojdot
ljard.
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CONSTRUCTION ,
316 Alai_n� Bldg. - - - r'
. iGr�Tt�ct21 PF RFAIT
WHEN SIG :ED AND VALIDATED BY BUILDING INSPECTION D::F'AIZ MENT THIS PERMIT AUTHORIZES THE WORK DES,.BISEED BELOW.
c!-i SL OP ,cFO'a i. t t_.y. ❑ f-..T-'E)'S €E N ❑ ALT E,r zt'�"'$N L_J RE!'1'..$I:e LJ 1-,A0'� E Lii W :.LFI- ❑
NAME Carl. Bergman ADDRESS PO 1365 PHONE 7199
c LICENSE LICENSE
NAME (AS LICENSED)
CLASS NUMBER
INSURANCE
ADDRESS PHONE ❑
---7 - -- -- --
0 SUPERVISOR
L`" FOR THIS JOu {
RAM_ DATE CERTIFIED
LEGAL
DESCRIPTION LOT NO. BLOCK NO. ADDITION
—
SURVEY ATTACHED( DESIGN A uc.
BY Tr :_C 9_Ilan gemen .- - BY Robert Fis.cher._ PE NO.
AREA (S.F.) HEIGHT NO. TOTAL OCCUPANCY
AT GRADE 47/,!!0 (FEET) 22 STORIES 2- UNITS ____D_ GROUP DIV.
BASEMENT FIN. ❑ GARAGE SINGLE ❑ ATTACHED❑ TOTAL 4 TYPE FIRE
UNFIN. ❑ DOUBLE ❑ DETACHED❑ ROOMS 4 CONSTR. ZONE
DEPTH FIRST SIZE SPACING SPAN AUTHORIZED
BELOW AGENCY BY DATE
Z GRADE IA FLOOR BUILDING
• EXTERIOR
RE VIE W
f" FOOTING 5 CEILING
SIZE ® ZONING
CI
Z EXTERIOR CONC. ❑
n FDN. WALL ROOF PARKING
n THICKNESS MAS'Y ❑ 1-
THICK CAISSONS ROOFING PUBLIC HEALTH
SLAB ❑ $GR.BEAMS ❑ MATERIAL I
MASONRY ABOVE ABOVE ABOVE ENGINEERING
EXTERIOR._ICKNESS 1ST FLR. 2ND FLR. 3RD FLR.
WALL STUD SIZE ABOVE ABOVE ABOVE
& SPACE 1ST FLR. 2ND FLR. 3RD FLR.
REMARKS
New Commerical Big
To P &_-z---8 :B 13
-
N TES TO APPLICANT. _ - --
FOR INSPECTIONS OR INFORMATION CALL 925-7336
FOR ALL WORK DONE UNDER THIS PERMIT THE PERMIFTEE ACCEPTS FULL RESPONSICILITY FOR VALUATION s
COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING, RESOLUTION OR CITY 250 000 .
ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK 4,,
AFPL IFS.
SEPARATE PERMITS MUST BE O TAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, 1 PLAN
SWIMMING POOLS AND FENCES. I TOTAL AL FEE
PERMIT EXPIRES 60 LAYS FROM DATE ISSUED UNLESS WORK IS STARTED. ! FII ED T P )* 376 . 50
REiCDI 2.E- FE,S?ECTIS .S SHALL RE REQUEST:O ONE WOl ::Ir DAY {.i y 1 As IC". I DOUBLE CHECK El e, 188 . 25plc -
ALL Fi Ha?. INSPECTIONS SHALL LE MADE ON ALL I MS Cy WORE is n. OGUUPANe r IS PERMITTED. L FEE 1 CASH El 4i. 564 . 75
THIS BUILDING SHALL NOT BE O'CUPIED UNT IL A CEI;TIFICA-I E OF OGCt.r'.ANCY HAS BEEN ISSUED.U BUILDING DEPARTMENT-- —
FF :. U
RMIT yySBJECT TO REVOCATI)F OR SUSPENSION FOE VIOLATION OF ANY LAWS GOVERNING SAME.
I`.fR k 9 F YF.
...kr t'"F F r r r; - ", _.A I— APPROVAL BY DATE
/tr FORM IS A z S -.< a✓ [.7.�,Y'E C''.SMITNO L{CL'N`E RECEIPTS CLASS AMOUNT
T1415 FORM IS A PERMIT �'+�._I - -_ - - - - - —WHEN VALID,A,TED fl 7:RE ,,,,,,,„„,,,,,,,,,,,,,g,:,-_,, ,:;':--,,
.,
Aspen City Council November 6 , 1967
loco, of Matthew Drug was submitted .
/4,2Eaehern made a motion to approve changes to Matthew Drug on the remodel-
_ tided by Councilman Kuster. Roll call vote - Councilmen Clymer aye ; McEachern
r aye ; Bergman abstained,
jcr was present and request the City accept his offer of $250.00 on the
f $600 for replacement of the curb ,
'n Clymer made a motion to deny the offer of $250. 00 settlement of Hans
Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye ;
f. ; McEachern aye ; Clymer aye .
n Roster made a motion to authorize Administrator Wurl to represent the City
LA.e. Highway Commission meeting the 14th of November. Seconded by Councilman
a. All in favor, motion carried.
in Clymer made a motion to approve the bills as submitted by the Finance
:t. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye ;
. e ; McEachern aye ; Clymer aye.
in McEachern made a motion to adjourn this meeting until November 13th at
Seconded by Councilman Kuster. All in favor, meeting adjourned at 5 : 25 p .m.
Lorraine Craves, City Clerk.
ting As n Cit Co unc 11 November 8 1967
Ling was called to order at 6 : 15 p .m. with Mayor Barnard, Councilmen
McEachern, Clymer and Administrator Wurl.
called by Councilman Kuster relating to the basis on which the architect
as selected,
ter made a motion to rescind the action taken to appoint Jack We
on the Hotel Jerome and leave this open till Council receives a
the Conference COMItiltf. c . ;-;( ..:onded by Councilman Clymer. :! ) 11
/ ,. ncilr'en Bergman nay ; Rtmter Cl ■a,er aye ; NeNachern nay. Mayor
ti tie with a aye vote . Notion
I t ructed to flO t L. Lee and have them rev i t
, t tc. to 1 uh. li aol,,lendation Conn( i I I•
k'CO lit I( t I
■ * .
t "
,4 rn
PI,OCANCIS s.
i l t
t' Feb , 23._r_.._1`7t,`8 c` nLi_nued.
EV:rEH
-t ,'d the procedure should be changed as outlined at the last r e e 1 .t
except Building Inspector Reynolds agreed to furnish the co
;tors with a list of proposed construction projects, in memo force
i sh the agendas .
:ONINC REQUEST BLOCK 58
Jerry Brown stated this would be spot zoning and also would cause a tra
problem with the school across the street.
: 1so pointed out was the fact that 1/4th of the block already has a use
v:n i.ance on it.
,',i so considered by the Commission is the fact that there is presently ergo, •`..
-•1 zone in the City.
','E T ICAL ZONING
Jerry Brown proposed that 50% of floor area be required for commerical us- .
George Heneghan stated with the parking restrictions in the business dist:a. : ,
ic is economically unfeasible to build retail space. The reason for the
large influx of condominiums is because a profit can be made on condomiiiie- : .
Discussed eliminating all types of dwelling units from the business district .
Also discussed vertical zoning and its affect on parking district.
I t was stated that the Commission agreed with leased spaces in the same 70x:
when the Commission passed the leased spaces for Matthew Drug. Attorney
;cott stated the ordinance implies that a person can lease spaces in the
same zone.
)isc.us sed a percentage of 1/3rd - Mr. Hurl felt 1/3rd was not a large enu:c:
percentage, people would put in just enough commercial space in order to
obtain the accommodation units .
r t: was stated in the interim time between adoption of vertical zoning and
establishment of a parking district, the people will have to provide the
Parking or agree to participate in a district until the district is forme .
t toruey Scott stated banning all types of dwelling units in the business
district would be legally questionable.
,.i_s s ion agreed they would rather go a parking district over leasing ° ;
agreed would
the same zone.
ittD-. n. stated the Coml.tis s .on try the 507, and Jotter of intent to
i ,
t..; paL( in the p)`'-1"cki,'g district. Question :L1: this is the right
ii7'. a pa!'king district.
ion to adjourn wL s trade at 1: 15 ?.1,1. by ,f ,.' i.. Hurl and sceonded by
,J In , Al I in lava r, a,1 j l l ned,
; %j1' lJ
d' �t�f 1 t ,_.,'i2':' ` rc1.SJ°'a1 -See C'-t 11,y
! 3
t i n s P 1 1-9 68 continued.
d
q o
t ness
'on taken without a quorum must be re-affirmed.
Barnard made a motion to re-affirm action taken on Matti mw
rant permission to lease spaces at Chevron for parking in conxlr�t;
i.tllthuir second story addition.
Heneghan asked if there was anything in the Ordinances preventizl ;
a different premise from the principal use. It was vertified that
a. ,cre was nothing concerning this use as long as it is in the same zono,
:'ati_on was seconded by Mr. Wurl. Roll call vote - Barnard aye; Clymer ,a,: ;
d,.ne ghan aye; Tharp aye; Whitaker nay; Wurl aye. Motion carried.
Wurl stated that there is a thorough study being made at this time on
the parking problem.
:`.etion was made and seconded to re-affirm acceptance of the White Kitchen
plans . Roll call vote - Barnard aye; Clymer aye ; Tharp aye; Whitaker aye;
l!eneghan aye; Wurl aye.
:'otion was made and seconded to re-affirm motion that anyone interested
would be authorized to go expenses paid to Planning Institute at Boulder,
hotinn carried.
V .o1_ati.ons
hr. Whitaker brought up the lack of enforcement of violations of off-
street parking. He had a list of 5 violations . After some discussion
LIe Commission decided that enforcement was out of their jurisdiction.
'Er. Reynolds said he would be glad to look into the violations set out
in Mr. Whitaker's report.
,;v-laws
( h:anhe in Commission membership was discussed. The question arose as to
; ht_ther or not a quorum should be reduced to 4 members . This can be done
•-'Cording to the State Statutes
hr. Whitaker made a motion that the quorum be reduced from 5 to 4 members
.-l.Lch is a majority and to avoid a 2 to 2 vote - require 4 votes for a
':iE�ri.ty on any motion.
:.'.
Clymer felt that 3 out of a quorum of 4 should be enough to pass on a
)t.iou.
Whitaker withdrew his motion. Motion was made that the quorum be
1c: E'cl
to 4 members with a majority of 3 votes on any moti_ion,
Notion .',as
Omied.. Ro1.1. call vote eA Barnard aye ; Clymer aye; Tharp aye; Whi_t:ai:t,r.
; Wu l_ aye. Motion carried.
Ion 1 C^7z1� �: ry' -
m:.I e to �chan.ce Art cle �1.'1.31x1�.3_i1 Sec to re ,d n. JO 1 le
change a Meetings,
j c� - l o
11 ,..E 1 l
�� � t11.
of the � and �.ta1� _.ry; Co�:.;t.itiys.�or�, site'
f('
A �
Zoning_._. .___
i-nard made a motion to appoint Donald Copelin as Ac t.:L
the meeting. Seconded by George Heneghan. All in t'It:d. favor ,
t�ing was called to order by Acting Chairman Copelin at 5 : 10 p.n. •
;,c following members present: Mayor Barnard, Councilman Clymer, ..l i i
= U1:•);e Ieneghan. Also present Planner, Jerry Brown and Building
.irvin Reynolds . Commission members excused - Sam Lum and
;it i taker• d Francis
it- was reported Ex-Chairman Tom Benton's resignation was accepted by t+;,.
City Council on January 8th.
George Heneghan made a motion to approve the minutes of December 12th d:,
3 •ailed. Seconded by Mayor Barnard. All in favor, motion carried.
I ECTION 0 OFFICERS -. Tabled till vacancy is filled.
7IOLATION OF MATTHEW DRUG - Acting Chairman Copelin stated he had writ s_a ;i
a letter. to City Attorney Scott notifying him of the violation signed y
members of the Commission. Stated he had talked to all the members of
the Commission and the letter was written outside of a regular meeting
due to the second meeting of the Commission being postponed due to
holidays . o the
Mayor Barnard stated enforcement is not under the jurisdiction the
Commission, this is a function of the Building Inspector the of letter
was not a Commission action due to not being authorizedduringa meeting
of the Commission.
Mayor Barnard reported the City Attorney is instructed only by the City
Administrator or City Council . Planning and Zoning does nothavetl the
authority to request the City Attorney to do anything.
Ic
Marvin Reynolds reported he had a complete understanding with Matthew
Drug that when he used the second story
lie would be issued a cease and desistorder1tion for other than storage,
Attorney Ver Shure representing Matthew Drug was s
��C11- received an answer to his letter `�' present and stated he �1 _i
Attorney letter which was written to the Commission.
Ver Shure questioned the Commission if
.•`' lp7..iance of they were insisting on
the zoning code or willing to wait the out come of a change
i g the ordinance .
If we have to comply,
will lease parking spaces across tile street
fromthe drug store.
- ' or Barnard made a motion that Carl Bergman of Matthew Drug be forced
?
comply y with the zoning as .t: is today. � Seconded
f�
1. 1 n favor, motion carried.
by George Hencght�t� .
•
o:F letters
.from ia11a7
[ t=1I� td and ild-ct, �! members of the �::7I'lim 3.`.iion and
y Scott were submitted to the c fa:ia
' 1'"r , <;
Tabled
t and gave a preliminary I Cflol 1 t311g ZLvo1 ,end
retail teL space
on the ir first 1100
�'.F' �� ; 1� jY r and
ay _)
71t..C( ir.) 01- S`,,tn;t i ; ,;nt ', ..i
Tecting As Een ' I rnnirrg Xoniny-
, ;
., t. i rrs; was called to order at 5 : 25 p.m. with the fo 1.lotai ;; .
Chairman Torn Benton
Mayor Robert Barnard
Sam Lum
Francis Whitaker
George Heneghan
•
Councilman Clyde Clymer - Unexcused
Donald Copelin - excused
MATTHEW DRUG
Discussed violation in using the second story - new addition - of tht.
drug store for retail use. Permit stipulated for storage space only .
Francis Whitaker made a motion that the Planning and Zoning write a 1h
and inform Mr. Bergman the Commission expects him to comply with the
terms of the building permit and the space must be used for storage
not for public use. Planning and Zoning request a written answer
7 days From the date of the letter. Seconded by Mayor Barnard. All i :r
favor, motion carried.
MINUTES
Sam Lum made a motion to approve the minutes as mailed. Seconded by
George Heneghan. All in favor, motion carried.
NEAL AVENUE PARK
Chairman Benton stated Jerry Brown, Planner, had sent a letter to the
City Administrator relating to low cost housing for Neal Avenue Park.
Reports on beautification of Main Street and the By-pass of Highway 82
were tabled.
PARKING - BUSINESS DISTRICT
Mayor Barnard reported vertical zoning could be a solution to the requ1.r,°
m?Iit of off-street parking space!; for businesses in the Business District .
Commission request the Secretary contact the Colorado Municipal League
on inrormation pertaining to vortical zoning.
Francis Whitaker stated another : olution could be by option. If you cou.
not provide the parking required , you would contribute in a parking
` :L t:r.ict. Commission also requco;t the Secretary obtain information rel.c
to this
C
.� B l ock
58 , Tots A T3 C 1�), l /Z E
1 1Uees1_ was submitted for re z'n'ldg Block 58 - 4-1/2 lots from Ro:-sir!t 11
a_.1t
••
Tabled Lfl'itiril7.;3>a_fiu Lucy otaLfl set i ddt.:o for LL 1,1 ' r'
1
1;
Limo st MooLi.ng in
.; Mia_taker t4. would 1, the two
stated I�z:. woir.Lt� ,,E� absent from Lhe CiL.y the first t�
1 ,,,,:I i n January.
R[ --a(ti ar'a 2w%. IO) L ,q•y,,..
-..
Regular Meeting Aspen P1 anidnr: � 7c�tr +�ryr November lb 1967
Meeting was called to order at 5 :05 p.m. with the following Commission
members present:
Chairman Tom Benton
Mayor Robert Barnard
Councilman Clyde Clymer
Francis Whitaker
George Heneghan.
Donald Copelin
Sam Lum (unexcused absence)
MINUTES
Councilman Clymer made a motion to approve the minutes of the last meeting,
as mailed. Seconded by Donald Copelin. All in favor,motion carried.
BUS STOPS
Administrator Wurl was present and outlined to the Commission the request
from the Ski Corporation and Aspen Highlands the proposed bus stops and
ski racks for each stop.
Upon the adoption by Council of the bus stops and ski rack drawings , Planning
and Zoning request copies . Copy of the bus stops and routes to be sent
to Jerry Brown, Planner, who is doing a traffic study.
BUILDING REVIEW PROCEDURE
Commission discussed -reviewing buildings or structures other than residences
in the Residential Zones . Telephone building, schools , churches etc.
Commission agreed these structures should be reviewed under the same pro-
cedure as other buildings in other zones . Chairman Benton to check into
the procedure to change this .
Also discussed the pads being poured in front of residences without per-
mission. Mayor Barnard reported two had been approved by Council.
Mayor Barnard made a motion that Marvin Reynolds notify all those that he
is aware that are inviolation without authorization on thismatter. Seconded
by Francis Whitaker. All in favor, motion carried.
BUILDING REVIEW
Continental Inn - Addition
Marvin Reynolds reported Mr. Cantrup is working on a new set of plans -
tabled.
Ginsberg - Madsen Units
Marvin Reynolds reported the plans conform 100% to the new ordinance.
Francis Whitaker made a motion to approve the plans for the Ginsberg units .
Seconded by George Heneghan. All in favor, motion carried.
Matthew Jr u ;
Tt was reported that the permit for the second story was approved as long as
storage only. Discussed interpretation of storage
the sp.-ace was used for .
space and retail space.
• -
��LiS1 �� Nail `" T�'eSt�llll'al"lt. presently ii residence.
�.�
continued.
N
•
G`.R O€ F € a/+ey 109 L"avi
c r.r.,.,:❑..: a.e.n i.c,. 4.
Public Hearing, P & La_ A� 1. z. co tr ° l '�: d-..:
Commission informed Mrs . Burgert this would be a City Council problem/
Public Hearing closed.
Chairman Benton opened the public hearing on no off-street parking
requirement in the business district. Stated this would have to be in
conjunction with the parking facility and restrictive parking would have
to be for the entire district.
Mayor Barnard returned from emergency call.
Rob Roy - Architect - Have not come up with a parking facility solution.
Chairman Benton - Parking will not be abolished until the parking district
is established.
Carl Bergman - Matthew Drug, Owner - Aren' t there two ideas on this -
one, a downtown parking facility and two several in outlying areas .
Chairman Benton - The City has been working on anunderground structure
at Wagner Park.
Carl Bergman - Make a compromise - one big facility and others in outlying
areas .
Chairman Benton - Problem in acquiring several lots in order to make it
feasible to do this .
Steen Gantzel - Is it true the reason for abolishing the off-street
parking requirement is because it is stiflying the growth of business
in the downtown area and remodeling of present businesses .
Chairman Benton - That is true. Some places in town could not expand
at all because of the parking requirements .
C. M. Clark - #1 what is keeping the City frominstigating the one-way
streets and parking on alternate side s of the streets . Feel it would
be worth a try. #2 Against a central parking area and for several parking
areas . If one man puts in parking and another does not, the man who does
provide parking should not be penalized for the man who does not provide •
the parking.
Chairman Benton - One-way streets can beput in after the change in Highway
82 is complete .
Ken Moore - No one has talked about planning. Master. Plan calls for studies.
Never seen any figures to support it. Should look ahead to see where
we are going. Calls for shopping centers .
Chairman Benton - General Plan does not call for shopping areas . Do we
want a shopping center out of town to relieve the parking problem?
Jerry Brown - Plan to go into these studies as soon as my contract is signed.
No
•
ND-X[1D OF 1U0 1.cavc,
Public Hearina P& Z Auo 16 continued.
.cr
Feel a parking structure is the only answer. Taking business out of
town hurts the town.
Jim Gray - Should not consider the tourist area in this , most have provided
parking.
Rob Roy - Wagner Park is presently tied up with the Federal Government
to obtain funds . What is the City doing about other locations .
Steen Gantzel - Should remove the requirements now, but should be tied
into agreement or contract for something in the future.
Francis Whitaker - City received a letter from a consulting firm on this .
Mayor Barnard - They have requested a feasibility study.
Francis Whitaker - Have to have knowledge that the business people will go
for it.
Steen Gantzel - If you want people to do something should work something
out so people can start now.
Jerry Brown - An idea is to have an attorney draw up a prospectus on how
the district would work. Get something set up and get some cost estimates .
Mayor Barnard - Feel the City should just budget for it.
Jerry Brown - As an interim solution, City could lease some of the open
land in town as temporary parking lots .
Mayor Barnard - Will have to go to the business people first. Will they
or will they not agree to pay when the place is built.
Rob Roy - Set up a businessmens comittee to study this .
Mayor Barnard - Pay this firm of Philips, Carter and Reinter and find
out the feasibility of it. Have not put up enough money to do it yet.
Should get someone who knows how to do it.
Jerry Brown - A committee could sell it.
Luke Anthony - Do they want the people in the downtown area to pay for
the whole thing. It would benefit the entire community.
Rob Roy - Part of the room tax should be to pay for it.
3.
Jerry Brown - Should have a legal opinion on how it should be paid for and
the best way to finance it .
Mayor Barnard - This firm will do this for us .
Carl Bergman - Would this be based on the square footage of the lot or what:, d ,
Francis Whitaker - Do not knew.
N; yor Barnard - SpecJ 1 a!;!:ei; ;mcnt would be easier to
sell because of the
p'rr;onal. gain.
Ji
t ..C O F L D or t\. C ; .+i k.'.`S 100 L c:',V i.`_'.
l;eoular Meetin Planning' & ZOflif n July 12 1967
Nh eting was called to order at 5 : 15 p.m. with the following members
pre sent:
Chairman Tom Benton. - Presiding
Mayor Robert Barnard
Francis Whitaker
Sam Lum
Donald Copelin
Councilman McEachern (unexcused absence)
Francis Whitaker made a motion to approve the minutes of June 28th as
mailed. Seconded by Sam Lum. All in favor, motion carried.
Robert Hadden - Addition to Residence - Calderwood
Marvin Reynolds , Building Inspector, reported all building review
requirements had been met.
Mayor Barnard made a motion to approve the plans for Robert Hadden.
Seconded by Francis Whitaker . All in favor, motion carried.
Matthew Drug - Proposed Addition - Second Story
Mr. Reynolds reported the addition would require 4-1/2 parking spaces .
Present building does not require off-street parking due to being in
existence before the requirement of off-street parking.
George Heneghan arrived.
Presently has 11 angle parking spaces , but not off-street as required.
Francis Whitaker made a motion the plans be returned to the Building
Inspector not approved by the Planning and Zoning Commission with a
note that the addition does not meet the off-street parking requirements .
Seconded by Sam Lum. All in favor, motion carried .
Mr. Whitaker stated the decision was based on Section 11-1-10 (g) of the
zoning code .
Vagabond Lodge - Addition of 6 apartments - It was decided the apartments
would be mainly short term. All requirements met.
Mayor Barnard made a motion to approve the addition to the Vagabond.
Lodge . Seconded by Sam Lum. All in favor, motion carried .
Discussed long term and short term rentals as relates to the parking
requirements .
Proposed fence ordinance - Discussed the height limitation as follows :
"Fences shall be permitted in any district provided they are less than
three and. one-half (3-1/2) feet: high when located within 75 feet of an
intersection of two streets . Maximum height shall not exceed 7 feet. "
Commission agreed this would refer to residential area more so than the
business district.
Vrancis Whitaker and. Chairman 1;enton to not.:i_fy the City Attorney to prcpar.,
the ordinance in this manner.
continued .
.
N?
•
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