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HomeMy WebLinkAboutlanduse case.boa.718-748S-Galena.001-98 County of Pitkin State of Colorado } } 55. } AFFIDA vrr OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUST:M:E1"IT (Pursuant to Section 26.52.060(E)(b) of the Municipal Code). The I.lI1dersigned, being first duly swom, deposes and says as follows: f\ L.P<v-- Q'\. C \. ~ "'- L . being or representing an Applicant before the Aspen Board of Adjustmenr. personally certify thar the arrached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on-this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and thar the said sign was posted and visible cominuously from the ~ day of s;:.t.~"""'1 . 1991; to .' the S" day of ~ ~ ,199'if: (Must be posted for at least ten (10) full days before the f hearing date), IIIAME & ADDRESS OF ,PPlICA H T: (I" Ac..PfN~~c,," ,r:oci~ ~...~ c.,N'T.. -.!o.' '::1\;" "'!.PrN TYPE Of VARIANCE :::,uUF.STED" -~ (-~:' N',~ ..:;...... 1l.~...1 i ........ .;,;,.;l;.....-'" .,..1I............ -.... "'''1) 1'1'" .", <:,-=-~,"\::: : =\, ...,.~'::<;, DATE OF APPlICATION: ,:::.n'lr<r1 DATE OF HEARING' "'"~ ~~ l QUESTk>>IS O'll.OMMEIfTS SfQI..J) BE A:9>tkNED TO THE CITY CITy '''l.L DURiNG NOR,:;aw.. '1.:::HESS HOUAS I. ~QY , Applicant's Signarure Subsc::ibed md sworn to before me this ~ day of """,......Q... . 199'2" . by ~~lZ",l~ Address sE/f;, ffltJVM ~I ?;?-/b 1/ AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Special Meeting Thursday, March 19, 1998 at 4:00 p,m. City Council Meeting Room, City Hall I. ROLL CALL II. MINUTES III. COMMENTS A. Commissioners Comments B, Staff Comments C. Public Comments (not concerning items on the Agenda) IV. PUBLIC HEARINGS A. Case #98-01 (Continued from 1/22/98, 2/12/98 & 3/5/98) Durant Condominium Association 718 - 748 South Galena Street, Aspen, CO Variance from the required height, setback and adding floor area requirements to construct 5 exterior elevators. ~E1-j FEb "4 ~ 1 VI. ADJOURN BOARD OF ADJUSTMENT MARCH 5, 1998 Charles Paterson opened the special board of adjustment meeting with Dan Martineau present. The meeting was continued to March 19, 1998 due to lack of quorum. . ie Lothian, Deputy City Clerk NOTICE OF PUBLIC HEARING CASE #98-1 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen, All persons affected by the proposed variance are invited to appear and state their views, protests or objections, If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance, Particulars ofthe hearing and requested variance are as follows: Date and Time of Meeting: Date: March 5, 1998, City Hall (Continued from 1/22/98,2/12/98 to 3/19/98) Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Durant Condominium Association David Booth, Agent Address: c/o Aspen Snowmass Lodging Company 747 S, Galena St., Aspen, CO 81611 Location or description of property: Durant Condominiums, 718-748 South Galena Street, with a legal description of Part of Lot 14, Block 2, Anthony Acres Subdivision, Aspen, Colorado. Variances Requested: Variances from the required height, setback and floor area requirements to construct 5 exterior elevators onto existing non-conforming structures as follows: Height _ (to rootlines of existing buildings): B1dgs. A&D - 12' variance; Bldg. B - 4' variance; Bldg. C - 18' variance. Floor Area _ adding 1824 square feet of floor area, increasing existing nonconforming floor area ratio from 1.21:1 to 1.27:1. Setbacks _ 5' side yard setback variance on north side of Bldg. D and south side of Bldg. A. Will applicant be represented by Counsel: YES: NO: X The City of Aspen Board of Adjustment 130 S, Galena Street Aspen, CO 81611 Charles Paterson, Chairman BOARD OF ADJUSTMENT FEBRUARY 12. 1998 Charlie Paterson opened the special meeting at 4:05 p.m. Dan Martineau, Rick Head, Jim Iglehart and Howard DeLuca were present. David Schott and Ron Erickson were excused. City Staff present were David Hoefer, Assistant City Attorney, Stephen Kanipe and Sara Thomas, Community Development. CONTINUED PUBLIC HEARING (01122/98): CASE # 98-01 DURANT CONDOMINIUMS ASSOCIA nON 718-748 SOUTH GALENA David Hoefer stated in response to questions on ADA requirements and on behalf of the city, Stephen Kanipe, building department head, will explain the requirements which will probably have a material effect on the definition of a hardship. Kanipe said the ADA is the department of justice act enforced by the federal government. He stated that city and county have adopted the UBC (uniform building code) and chapter 11, accessibility, in the simplest form parallels the ADA in many requirements. Kanipe said when we speak of accessibility, as a municipality, we speak as to what is required by the UBC and do not involve the department of justice. Kanipe reviewed the plans with Sara Thomas and Scott Smith for UBC requirements; which would be one (1) handicapped unit and one (1) readily adaptable unit. The units, especially residential, should be located on the ground floor. The common amenities (i.e. pool, recreation or laundry room) also must be accessible along with 1 parking space, Kanipe said in theory one building was totally accessible without an elevator, but to comply with the code: a curb cut, and route from the unit to the pool was needed. He said for elevators to be allowed as a hardship was not the case. Hoefer said the applicant can make their argument. He noted that for purely handicap purposes, it doesn't constitute a hardship. The elevators are not needed. Alan Richman said he was surprised by these comments. Hoefer replied that if they needed an additional period oftime, that certainly could be accommodated. Richman answered that when this was pre-apped (the application), they were told the board had previously reviewed the need for handicap access in tourist accommodations as the basis for hardship. He said they had been working towards that for some time. 1 " " , BOARD OF ADJUSTMENT FEBRUARY] 2. ] 998 Richman said from the last meeting, what they heard was that it was important if these units were made accessible and that elevators have the ability to be accessed by people with disabilities. Paterson said that wasn't what the board intended, but to cont,inue, Richman noted the importance of bringing the revisions from the last meeting and understands they may have to re-notice ifthe plan could move forward tonight. He said they complied with the standards: the AACP, minimizing the extent of the variances necessary by the location, compatibility with the building and height of the elevators. The hardship was the steepness and unusual shape of the parcel, which were contributing factors in the amount of the variance needed and the difficulty in access to the upper units. Richman said that they were trying to make the elevators accessible, not to try to comply with the letter of the ADA law, Scott Smith said they took a look accessibility from the parking areas up to the buildings by new retrofitted ramps. Every elevator would be accessible from the parking area without exceeding a maximum slope of 1 in 12 (standard wheelchair requirement). Smith explained the sloping, levels, ramping systems and elevators for the different buildings based upon the drawings (exhibit 2). He said there was more floor area involved because of additional elevator stops. David Booth noted another issue was the placement of elevator 4 which required contacting the neighbor above because of the easement and property line. Hoefer commented that if there was additional elevator, then you would have to re-notice. Tim Anderson, representing Joe Tauber, stated concerns for the elevator towers conflicting with his current small view. Richman stated since there was no authority to develop on the other piece of property, the application would stand with 5 elevators. Hoefer said because of the change with the other additions, there should be a re- notice. Rick Head applauded the applicant on the ramping systems. Paterson said moving the elevators forward was a plus for better access. Howard DeLuca said the situation with the elevators came down to handicapped living or staying which was accomplished here and it works well. He said that he wasn't concerned about the one elevator (like Erickson - having all buildings the same). 2 BOARD OF ADJUSTMENT FEBRUARY 12, 1998 Kanipe stated that unless the units are modified with handicap bathrooms, kitchens, closets, mirrors; this system does nothing for someone in a wheelchair. DeLuca responded that the situation was for the current aging owners not being able to manage the stairs and if that person ends up in a wheelchair then the access was in place. He agreed with Kanipe, but this was not a ren.tal type condo but rather owner occupancy. Paterson said that if someone broke their leg, they couldn't manage the stairs, but this system would allow access to the 3rd floor. This is a ski town, so this should be considered. He noted it was a real hardship to modernize buildings. Kanipe cited his experience in a wheelchair during the Little Nell building inspection process. He noted that wheelchair bound people have such limited access to places and that experience made him very aware ofthose problems. Jim Iglehart said that handicap goes beyond a wheelchair. DeLuca commented that was the aging process to establish a hardship. He pointed out the existing owner may be on the 3rd or 4th floor, so the I st floor handicap unit wouldn't do him any good unless he rented that unit. Kanipestated that if the other floors were to be handicap accessible by elevator, then stand-by power was required. Also an area of refuge (a safe place until the fire or police could rescue that person) was required. Hoefer said they would still have to argue a hardship. Head asked if philosophically the community development department favored this change. Thomas answered this was an amenity making it accessible to wheelchairs but its a catch-22 because there are no handicap units. Head noted the struggle was on what grounds could the variance be granted. Where was the hardship. Dan Martineau said in his mind there was no hardship. He commented that he was persuaded by the difficulty for older people climbing 4 flights of stairs. He said it would be a hardship for the aging to live on the 3rd & 4th floors without elevators. It would be hard even for a 30 year old with groceries and kids. 3 - ....... BOARD OF AD.mSTMENT FEBRUARY 12. 1998 Jim Iglehart said ifhe were a grandpa, or even now, it would be a hardship to climb those stairs, Paterson commended the applicant for addressing the boards concerns from the last meeting and noted the practical ,difficulty with these buildings. To be competitive with other resorts, this needs to be done. He was in favor. DeLuca said ifhe were Ron, he could say if this variance was granted, then the rest of the buildings on the hillside would come to this board for the same thing. He said that was the draw back, but could recognize the practical difficulty. DeLuca said the FAR increase was not that much. MOTION: Rick Head moved to continue Case #98-1, Durant Condominiums, to March 5, 1998. Howard DeLuca second. ALL IN FAVOR. APPROVED 5-0. MINUTES MOTION: Rick Head move to approve the minutes on Case #97-11, Case 97-02 and Case #98-01. Howard second. APPROVED 5-0. Meeting adjourned at 4:55 p.m. ~ ackie Lothian, Deputy City Clerk 4 NOTICE OF PUBLIC HEARING CASE #98-1 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen, All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance, Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: March 5, 1998, City Hall Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Durant Condominium Association David Booth, Agent Address: c/o Aspen Snowmass Lodging Company 747S,GalenaSI., Aspen, CO 81611 Location or description of property: Durant Condominiums, 718-748 South Galena Street, with a legal description of Part of Lot 14, Block 2, Anthony Acres Subdivision, Aspen, Colorado, Variances Requested: Variances from the required height, sethack and floor area requirements to construct 5 exterior elevators onto existing non-conforming structures as follows: Height _ (to rooflines of existing buildings): Bldgs. A&D - 12' variance; Bldg. B - 4' variance; Bldg. C - 18' variance. Floor Area _ adding 1824 square feet of floor area, increasing existing nonconforming floor area ratio from 1.21:1 to 1.27:1 Setbacks _ 5' side yard setback variances on north side of Bldg. D and south side of Bldg. A. Will applicant be represented by Counsel: YES: NO: X The City of Aspen Board of Adjustment 130 S, Galena Street Aspen, CO 81611 Charles Paterson, Chairman MEMORANDUM TO: Board of Adjustment RE: Julie Ann Woods, Community Development Deputy Sara Thomas, Zoning Office@ Durant Condominiums, 718-748 South Galena Street Dire''''' r THRU: FROM: DATE: March 5, 1998 SUMMARY: On January 22, 1998 The Board of Adjustment reviewed the applicant's request to construct five exterior elevators at the Durant Condominiums. At that meeting, the variance request was tabled and the applicant was instructed to provide a plan showing that the elevators would be handicapped accessible from the parking area. The Board also requested information on the applicable ADA requirements for handicapped accessibility, The applicant returned to the Board for a work session on February 12, 1998. At that meeting, the applicant presented revised drawings showing the addition of a ramping system connecting the parking area to the elevators, and showing revised locations 'of the elevators, allowing for the buildings to be accessed through a means of multiple stops on different building levels, During the work session, Stephen Kanipe, Chief Building Official, spoke to the matter of ADA accessibility requirements. Mr. Kanipe made clear that the ADA requirements are administered and enforced by the U.S, Department of Justice and are not part of our local requirements. However, the AspenlPitkin Building Division has adopted Chapter II of the 1994 Uniform Building Code which addresses accessibility standards, According to Chapter II of the UBC, the Durant Condominiums would not be required to provide elevators in order to comply with accessibility requirements. The UBC would require that, if this were new construction, one unit and all common areas be handicapped accessible. The code actually discourages locating the accessible unit on the upper levels of buildings due to life and safety concerns, It was determined that the proposed ramping system does provide a complying accessible route (i.e., a' slope of less than 8.33%) from the parking area to the elevators, "'.... .~ ... . The current proposal for 5 exterior elevators will require the following dimensional vanances: Height: (to rooflines of existing buildings) - Buildinlls A&D - 12' variance - Building B - 4' variance - Building C - 18' variance Setbacks: - Building D - 5'side yard variance on north side - Building A - 5'side yard variance on south side (The elevator structure on the south side of Building A will actually encroach onto the neighboring property. The applicant will need to provide an encroachment agreement allowing for construction on the neighboring property prior to building permit issuance,) Floor Area: - Increase of nonconforming floor area ratio from 1.21:1 to 1,27: I, Please refer to the staff memo dated January 22, 1998 for a summary of the dimensional requirements in the L T -R zone district. . Lot area, height, existing and proposed square footage will be reverified at time of building permit. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance, APPLICANT: Durant Condominium Association LOCATION: 718- 748 South Galena Street, with a legal description of Part of Lot 14, Block 2, Anthony Acres Subdivision, Aspen, Colorado. REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title, . Response: Granting the variance will not conflict with the goals of the Aspen Area Comprehensive Plan. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure, Response: In the memo dated January 22, 1998, staff suggested that the number of elevators be reduced in order to lessen the required variances. Staff is still of the opinion tbat, if the Board chooses to grant the requested variances, the number of proposed elevators be reduced so that the required variances could be minimized to the greatest extent possible. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty, In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to' other parcels, buildings or structures, in the same zone district. RESPONSE: At the January 22, 1998 meeting, it appeared that the Board felt that the lack of handicap accessibility presented a hardship and a practical difficulty for the applicant. However, based on the information provided by Stephen Kanipe, it is clear that the elevator additions cannot be considered as a necessity for providing handicapped access. The elevators, while eliminating a practical difficulty for some property owners and their guests, should be viewed as an amenity for the project. Staff does not find special conditions or circumstances unique to the parcel, and concludes that granting the variances would confer a special privilege upon the applicant. - - . AL TERNA TIVES: The Board of Adjustment may consider any of the following alternatives: · Approve the variance as requested, · Approye the variance with conditions, · Table action to request further information be provided by the applicant or interested parties, · Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends that the Board deny the applicant's request to construct five elevators finding that review criteria #3 has not been met. RECOMMENDED MOTION: "I move to deny the variance requests for the purpose of constructing five elevator towers at 718-748 South Galena Street, finding that review criteria #3 has not been met." ALTERNATE MOTION: "I move to approve the following variances from the required height, setback and floor area requirements for the purpose of constructing five elevator towers at 718-748 South Galena Street, finding that the review criteria have been met: - Maximum height limit variance of 12 feet for Buildings A & D, - Maximum height limit variance of 4 feet for Building B, - Maximum height limit variance of 18 feet for Building C, - Floor area limit variance from I: 1 to 1.27: I - Setback variance of 5 feet for the north side yard of Building D and the south side yard of Building A, I ' ,J~ I /~V0~ i ~QJ !/tf:,!I ~ \ NO MAJL RECEPTACLi:.- t4ti~ /Bod1 ~ ~ C-o t/~l/ .~ . . . TAGE GABRIELLE EVELYN M 800 S MILL ST #14B ASPEN CO 81611 . (,-( ~ Nn ',ij'A" ""' ", If.. ., r- , tCEPTAClE 188 ~ )j~ ~ Co ~/b// .~~~-_... . . ~.&o:..c .~.... .. - SP~-~ : . - 0 .3 2 ~ ;212894 . .POSTA~E :~i'"'~"O. ATTEMPTED .. "j,'''"'" . NOT KNOWN ....'--~ GONDEK CHARLENE ANN 628 S GALENA ST #4 ASPEN CO 81611 ""- /3()S~ ~ &Jttbl/ :jo;w HAGER FRANCES 800 S MILL ST #3040 ASPEN CO 81611 ~~. ~ ' ~~~;;;n ~#f~"'O".,j'j@~ ;">, ~RECEPTA~Lf ~ ~E OF PlffiUC HEARING CASE #98-1 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen, All persons affected by the proposed variance are invited to appear and state their views, protests or objections, If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance, Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: March 5, 1998, City Hall Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Durant Condominium Association David Booth, Agent Address: c/o Aspen Snowmass Lodging Company 747 S, Galena St., Aspen, CO 81611 Location or description of property: Durant Condominiums, 718-748 South Galena Street, with a legal description of Part of Lot 14, Block 2, Anthony Acres Subdivision, Aspen, Colorado, Variances Requested: Variances from the required height, setback and floor area requirements to construct 5 exterior elevators onto existing non-conforming structures as follows: Height - (to rooflines of existing buildings): Bldgs. A&D - 12' variance; Bldg. B - 4' variance; Bldg. C - 18' variance. Floor Area - adding 1824 square feet of floor area, increasing existing nonconforming floor area ratio from 1.21:1 to 1.27:1 Setbacks - 5' side yard setback variances on north side of Bldg. D and sonth side of Bldg. A. Will applicant be represented by Counsel: YES: NO: X The City of Aspen Board of Adjustment 130 S, Galena Street Aspen, CO 81611 Charles Paterson, Chairman MEMORANDUM TO: Board of Adjustment D;rectoc ~ THRU: Julie Ann Woods, Community Development Deputy Sara Thomas, Zoning Office@ Durant Condominiums, 718-748 South Galena Street FROM: RE: DATE: March 5,1998 --------------------------------------------- ------------------------------------------ SUMMARY: On January 22, 1998 The Board of Adjustment reviewed the applicant's request to construct five exterior elevators at the Durant Condominiums, At that meeting, the variance request was tabled and the applicant was instructed to provide a plan showing that the elevators would be handicapped accessible from the parking area. The Board also requested information on the applicable ADA requirements for handicapped accessibility, The applicant returned to the Board for a work session on February 12, 1998. At that meeting, the applicant presented revised drawings showing the addition of a ramping system connecting the parking area to the elevators, and showing revised locations of the elevators, allowing for the buildings to be accessed through a means of multiple stops on different building levels, During the work session, Stephen Kanipe, Chief Building Official, spoke to the matter of ADA accessibility requirements. Mr. Kanipe made clear that the ADA requirements are administered and enforced by the U,S, Department of Justice and are not part of our local requirements. However, the Aspen/Pitkin Building Division has adopted Chapter 11 of the 1994 Uniform Building Code which addresses accessibility standards, According to Chapter 11 of the UBC, the Durant Condominiums would not be required to provide elevators in order to comply with accessibility requirements. The UBC would require that, if this were new construction, one unit and all common areas be handicapped accessible, The code actually discourages locating the accessible unit on the upper levels of buildings due to life and safety concerns, It was determined that the proposed ramping system does provide a complying accessible route (i.e., a slope of less than 8.33%) from the parking area to the elevators, .I _< The current proposal for 5 exterior elevators will require the following dimensional variances: Height: (to rooflines of existing buildings) - Buildings A&D - 12' variance - Building B - 4' variance - Building C - 18' variance Setbacks: - Building D - 5'side yard variance on north side - Building A - 5'side yard variance on south side (The elevator structure on the south side of Building A will actually encroach onto the neighboring property, The applicant will need to provide an encroaclunent agreement allowing for construction on the neighboring property prior to building permit issuance,) Floor Area: - Increase of nonconforming floor area ratio from 1.21: I to 1.27:1. Please refer to the staff memo dated January 22, 1998 for a summary of the dimensional requirements in the L T-R zone district, Lot area, height, existing and proposed square footage will be reverified at time of building permit. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Durant Condominium Association LOCATION: 718-748 South Galena Street, with a legal description of Part of Lot 14, Block 2, Anthony Acres Subdivision, Aspen, Colorado. REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26,108,040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title, Response: Granting the variance will not conflict with the goals of the Aspen Area Comprehensive Plan. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure, Response: In the memo dated January 22, 1998, staff suggested that the number of elevators be reduced in order to lessen the required variances. Staff is still of the opinion that, if the Board chooses to grant the requested variances, the number of proposed elevators be reduced so that the required variances could be minimized to the greatest extent possible. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty, In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. RESPONSE: At the January 22, 1998 meeting, it appeared that the Board felt that the lack of handicap accessibility presented a hardship and a practical difficulty for the applicant. However, based on the information provided by Stephen Kanipe, it is clear that the elevator additions cannot be considered as a necessity for providing handicapped access. The elevators, while eliminating a practical difficulty for some property owners and their guests, should be viewed as an amenity for the project. Staff does not find special conditions or circumstances unique to the parcel, and concludes that granting the variances would confer a special privilege upon the applicant. I" ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: . Approve the variance as requested, · Approve the variance with conditions, · Table action to request further information be provided by the applicant or interested parties, · Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends that the Board deny the applicant's request to construct five elevators finding that review criteria #3 has not been met. RECOMMENDED MOTION: "1 move to deny the variance requests for the purpose of constructing five elevator towers at 718-748 South Galena Street, finding that review criteria #3 has not been met," ALTERNATE MOTION: "1 move to approve the following variances from the required height, setback and floor area requirements for the purpose of constructing five elevator towers at 718-748 South Galena Street, finding that the review criteria have been met: - Maximum height limit variance of 12 feet for Buildings A & D, - Maximum height limit variance of 4 feet for Building B, - Maximum height limit variance of 18 feet for Building C, - Floor area limit variance from 1:1 to 1.27:1 - Setback variance of 5 feet for the north side yard of Building D and the south side yard of Building A. - ._-~-"~, BOARD OF AD.mSTM RUARY 12. 1998 CASE # 98-01 DURANT CONDOMINIUMS ASSOCIATION 718-748 SOUTH GALRNA ...........1 MINUTRS.....................................................................................................................................................................4 . , 5 I _ .n_.__.~____ BOARD OF ADJUSTM RUARY 12. 1998 Charlie Paterson opened the special meeting at 4:05 p.m. Dan Martineau, Rick Head, Jim Iglehart and Howard DeLuca were present. David Schott and Ron Erickson were excused. City Staff present were David Hoefer, Assistant City Attorney, Stephen Kanipe and Sara Thomas, Community Development. CONTINUED PUBLIC HEARING (01/22/98): CASE # 98-01 DURANT CONDOMINIUMS ASSOCIA nON 718-748 SOUTH GALENA David Hoefer stated in response to questions on ADA requirements and on behalf of the city, Stephen Kanipe, building department head, will explain the requirements which will probably have a material effect on the definition of a hardship. Kanipe said the ADA is the department of justice act enforced by the federal government. He stated that city and county have adopted the UBC (uniform building code) and chapter 11, accessibility, in the simplest form parallels the ADA in many requirements. Kanipe said when we speak of accessibility, as a municipality, we speak as to what is required by the UBC and do not involve the department of justice. Kanipe reviewed the plans with Sara Thomas and Scott Smith for UBC requirements; which would be one (1) handicapped unit and one (1) readily. adaptable unit. The units, especially residential, should be located on the ground floor. The common amenities (i.e. pool, recreation or laundry room) also must be accessible along with 1 parking space. Kanipe said in theory one building was totally accessible without an elevator, but to comply with the code: a curb cut, and route from the unit to the pool was needed. He said for elevators to be allowed as a hardship was not the case. Hoefer said the applicant can make their argument. He noted that for purely handicap purposes, it doesn't constitute a hardship. The elevators are not needed. Alan Richman said he was surprised by these comments. Hoefer replied that if they needed an additional period of time, that certainly could be accommodated. Richman answered that when this was pre-apped (the application), they were told the board had previously reviewed the need for handicap access in tourist accommodations as the basis for hardship. He said they had been working towards that for some time. 1 ~ BOARD OF AI. TMENT FEBRUARY 12. 1998 Richman said from the last meeting, what they heard was that it was important if these units were made accessible and that elevators have the ability to be accessed by people with disabilities. Paterson said that wasn't what the board intended, but to continue. Richman noted the importance of bringing the revisions from the last meeting and understands they may have to re-notice if the plan could move forward tonight. He said they complied with the standards: the AACP, minimizing the extent of the variances necessary by the location, compatibility with the building and height of the elevators. The hardship was the steepness and unusual shape of the parcel, which were contributing factors in the amount of the variance needed and the difficulty in access to the upper units. Richman said that they were trying to make the elevators accessible, not to try to comply with the letter of the ADA law, Scott Smith said they took a look accessibility from the parking areas up to the buildings by new retrofitted ramps. Every elevator would be accessible from the parking area without exceeding a maximum slope of 1 in 12 (standard wheelchair requirement). Smith explained the sloping, levels, ramping systems and elevators for the different buildings based upon the drawings (exhibit 2). He said there was more floor area involved because of additional elevator stops. David Booth noted another issue was the placement of elevator 4 which required contacting the neighbor above because of the easement and property line. Hoefer commented that if there was additional elevator, then you would have to re-notice. Tim Anderson, representing Joe Tauber, stated concerns for the elevator towers conflicting with his current small view. Richman stated since there was no authority to develop on the other piece of property, the application would stand with 5 elevators. Hoefer said because ofthe change with the other additions, there should be a re- notice. Rick Head applauded the applicant on the ramping systems. Paterson said moving the elevators forward was a plus for better access. Howard DeLuca said the situation with the elevators came down to handicapped living or staying which was accomplished here and it works well. He said that he wasn't concerned about the one elevator (like Erickson - having all buildings the same). 2 BOARD OF AD.JUST1\' r JRUARY 12. 1998 Kanipe stated that unless the units are modified with handicap bathrooms, kitchens, closets, mirrors; this system does nothing for someone in a wheelchair. DeLuca responded that the situation was for the current aging owners not being able to manage the stairs and if that person ends up in a wheelchair then the access was in place. He agreed with Kanipe, but this was not a rental type condo but rather owner occupancy, Paterson said that if someone broke their leg, they couldn't manage the stairs, but this system would allow access to the 3rd floor. This is a ski town, so this should be considered. He noted it was a real hardship to modernize buildings. Kanipe cited his experience in a wheelchair during the Little Nell building inspection process. He noted that wheelchair bound people have such limited access to places and that experience made him very aware of those problems. Jim Iglehart said that handicap goes beyond a wheelchair. DeLuca commented that was the aging process to establish a hardship. He pointed out the existing owner may be on the 3rd or 4th floor, so the 1st floor handicap unit wouldn't do him any good unless he rented that unit. Kanipe stated that if the other floors were to be handicap accessible by elevator, then stand-by power was required. Also an area of refuge (a safe place until the fire or police could rescue that person) was required. Hoefer said they would still have to argue a hardship. Head asked if philosophically the community development department favored this change. Thomas answered this was an amenity making it accessible to wheelchairs but its a catch-22 because there are no handicap units. Head noted the struggle was on what grounds could the variance be granted. Where was the hardship. Dan Martineau said in his mind there was no hardship. He commented that he was . . persuaded by the difficulty for older people climbing 4 flights of stairs. He said it would be a hardship for the aging to live on the 3rd & 4th floors without elevators. It would be hard even for a 30 year old with groceries and kids. 3 -- BOARD OF Al HMENT FEBRUARY 12. 1998 Jim Iglehart said ifhe were a grandpa, or even now, it would be a hardship to climb those stairs. Paterson commended the applicant for addressing the boards concerns from the last meeting and noted the practical difficulty with these buildings. To be competitive with other resorts, this needs to be done. He was in favor. ' DeLuca said ifhe were Ron, he could say if this variance was granted, then the rest of the buildings on the hillside would come to this board for the same thing. He said that was the draw back, but could recognize the practical difficulty. DeLuca said the FAR increase was not that much. 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"" ~ S' ~ 0 "" "0 "" ~ ~ 1i' ~ a: 3 '120 s-:g -. -< en < .. ~ 0: 0. 2. .; ~ ~ :n ~ < 0 " ...., o ~ ~ 0 (i' ~ r: ~. I:'l a = "0 ~ o o e "0 = o ;;' I" o a .a != o 3: ~ g' o o n .a R o' ~ ~ '" ~ i ~ o '" ~ ~ g: ,,- I); ...., ~ ~" "'- r BOARD OF ADJUSTMENT .JANUARY 22,1998 CASE # 98-01 DURANT CONDOMlNTIJMS ASSOCIATlON 718-748 SOUTH GALENA ...........1 CASE #97-02 HOAG SUBDIVISION LOT 3. 1125 UTE A VENUE VALERIO/JOHNSON - REOUEST FOR EXTENSION TO 2/13/99 ............................................................................................................................................4 5 BOARD OF AD.JUSTMENT .JANUARY 22, 1998 Charlie Paterson opened the regular meeting at 4:05 p.m. David Schott, Ron Erickson, Rick Head and Howard DeLuca were present. Jim Iglehart was excused and Dan Martineau was absent. City Staff present were David Hoefer and Sara Thomas. BOARD and STAFF COMMENTS The Board discussed Dan Martineau attending only 3 meetings in 1997. The members asked the deputy city clerk to inform Martineau of his attendance and ask his intentions. PUBLIC HEARING: CASE # 98-01 DURANT CONDOMINIUMS ASSOCIATION 718-748 SOUTH GALENA David Hoefer stated the applicant provided the proof of notice affidavit. Charlie Paterson opened the public hearing and noted 4 notices returned for no mail receptacle. He read the requested 5 variances from the staff memo: Height - (to rooflines of existing buildings): Bldgs. A&D - 12' variance; Bldg. B - 4' variance; Bldg. C - 18' variance. Floor Area - adding 950 square feet of floor area, increasing existing non-conforming floor area ratio from 1.21:1 to 1.24:1. Setbacks - 5' side yard setback variance on north side of Bldg. D. The applicant was represented by Alan Richman, p1armer, Scott Smith, architect, and David Booth, manager of the condominium association. Richman stated there were 3 parts to the presentation: the application, the design and the standards for the variance request. .. Richman explained the nature of the existing structures in relation to the FAR and the site. He noted the heights of the current buildings exceeded the allowable maximum but the elevators would not add to the existing heights of the structures. He said the variance requests were to make the units more accessible for the owners and guests by adding the elevators. Smith presented bluelines, drawings and photographs of the existing and proposed building designs on the site from different views. He explained the site was very steep with current access (stairs) on each side of each buildings. Smith noted that 1 , , ....... BOARD OF AD.mSTMENT .JANlJARY 22,1998 5 elevators will serve the buildings, with 2 of the elevators serving 2 adjacent building sides to reduce the impacts on the site. He said the elevator shafts will be recessed into the buildings reducing the impacts of FAR in terms of the square footage needed. Smith stated the elevators were hydraulic with the minimum size cab to minimize the visual and sound impacts. He noted the elevators would be enclosed in masonry with brick matching the buildings on top of the masonry. Richman noted the 3 review standards CD consistent with the purposes, goals, objectives and policies of the AACP; @ minimum variance that will make possible the reasonable use of the parcel, building or structure; @ hardship standard with special conditions unique tothe parcel, building or structure not applicable to other parcels, buildings or structures. He said the steep site contributes to the FAR variance and shape of the site which are special physical conditions. Richman stated that difficulty of site access can be a determination for a hardship. He said the only neighbor with concerns will be resolved by the applicant. Rich Head noted that staff suggested the applicant re-think the project. Sara Thomas replied that even though the # of elevators was reduced from 8 to 5, perhaps the amount could be reduced again by adding catwalks, but the end result may not be as visually pleasing. Head said by reducing the # of elevators, more massing could result. He asked if any stairways would be removed. Smith answered the stairway would remain. Ron Erickson asked if the elevators would meet ADA guidelines and be handicap accessible. Smith responded that some areas will not be without some steps. Erickson asked the dimensions of the elevators (inside and outside) and if anything other than the elevators were being added or changed on the footprint. Smith replied the outside would be 7'1/ x 8'/,' with the inside 4'1/ x 5'1/ and enlarged walkways around some of the elevators. David Scott asked if the walkways would be fire proof to follow the current code. Howard DeLuca asked if the elevator was the smallest possible. Smith responded the smallest elevator with enough rise to be able to work for building A. The Board discussed the handicap accessibility or lack of ADA specifications. They noted the physical problems of the site with regards to the steep site and problem areas with stairs. 2 - BOARD OF ADJUSTMENT JANUARY 22,1998 Steve Falender, public, 712 South Galena, stated concerns on behalf of his neighbor, Michael Johns, regarding the noise, disturbing utility lines and entrance into the elevator. He had no concerns about the elevator since the '/. turn of it. Booth noted there were not that many people accessing that building. (Michael Johns letter was placed into the public record). Head said without handicap access, there were concerns for the availability to the elevators and would favor a continuance to re-work walkways. DeLuca agreed but elevation changes would be problematic for ramps. He questioned the hardship in terms of the number of units being accessed by elevators. Erickson also agreed but stated that only if it were ADA approved would he vote for the variances. He said the "c" building should also include an elevator, which would add an elevator. Erickson requested the ADA standards. Hoefer noted that if an elevator was added, the variance request changed requiring a new notice. He suggested continuing the public hearing to a date certain. Thomas asked if the concern was to access all buildings or if all the elevators had to be built at the same time. Booth commented that ultimately all the buildings needed elevators. Richman said they would have to re-obtain the easement in order for the applicant to deal with building "c" (a rather complicated issue). He stated that the current. application was what needed to be accomplished now and at a later date to approach the building "c" elevator. Booth said the ADA requirements may not be applicable for all the buildings. Head objected to the change of not needing the elevators for handicap access. Richman commented that prior to this meeting, it was never stated that ADA requirements must be met. Erickson stated there should be an ADA requirement response. Richman would like the opportunity to respond to the ADA requirements prior to the continued hearing. MOTION: Ron Erickson moved to table and continue Case# 98-01 to February 12, 1998. Rick Head second. APPROVED 5-0. 3 .-... -- BOARD OF AD.JUSTMENT .JANUARY 22, t 998 CASE #97-02 HOAG SUBDIVISION LOT 3, t 125 UTE A VENUE VALERIO/JOHNSON - REQUEST FOR EXTENSION TO 2/13/99 Charles Paterson opened the request for an extension. Rick Head was not seated, potential conflict. Brooke Peterson, attorney for applicant, stated the applicant would like the board to grant the code variance extension for 1 year. He explained the variance request has not been exercised because of a potential conflict in the construction of the driveway. Peterson noted the variance request has not changed and no construction has been done on this property. David Hoefer commented that Mr. Peterson has complied with the code requirements and the board would be required to vote in favor of the one year extension. Sara Thomas stated the code was clear for granting an extension if the circumstances have not changed. Erickson said it was unfortunate that only 4 members were present to vote, because he opposed this the last time. He questioned the work that has been done with the rock wall. Peterson stated all the work has been done by the owner of the Newfoundland Lode located in the County not the owner of Lot 3. He said there has been controversy between Newfoundland and Hoag Lot 3 as to the interpretation of improvements and the entire driveway had to be engineered prior to the 8040 greenline completion.. Thomas stated the 8040 Greenline was conditioned from P&Z that the driveway improvements must be resolved first. She said nothing had changed in the last year. Hoefer commented that no changes have been made, this extension request should be granted. Peterson commented that this driveway would be vacated and redone which had nothing to do with the variance of the setback of the house. Thomas explained the driveway which required an 8040 was located outside the property but provided access to lot #3. MOTION: Howard DeLuca moved to grant the variance extension request, Case #97-02 to 02/13/99. Ron Erickson 2nd. APPROVED 4-0. Meeting adjourned at 5:30 p.m. 4 --...--1 AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Special Meeting Thursday, January 22,1998 at 4:00 p.m. Sister Cities Meeting Room, City Hall I. ROLL CALL II. MINUTES III. COMMENTS A. Commissioners Comments B. Staff Comments C. Public Comments (not concerning items on the Agenda) IV. PUBLIC HEARINGS A. Case #98-01 Durant Condominium Association 718 - 748 South Galena Street, Aspen, CO Variance from the required height, setback and floor area requirements to construct 5 exterior elevators. B. Case #97-2 Hoag Subdivision Lot 3,1125 Ute Avenue, Aspen, CO - Valerio Variance extension request for variance granted 2/13/97 VI. ADJOURN NOTICE OF PlffiLIC HE.. .ING CASE #98-1 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY TIIE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections, If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance, Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: January 22, 1998, Sister Cities Meeting Room Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Durant Condominium Association David Booth, Agent Address: c/o Aspen Snowmass Lodging Company 747 S, Galena St., Aspen, CO 81611 Location or description of propet1y: Durant Condominiums, 718-748 South Galena Street, with a legal description of Part of Lot 14, Block 2, Anthony Acres Subdivision, Aspen, Colorado. Variances Requested: Variances from the required height, sethack and floor area requirements to construct 5 exterior elevators onto existing non-conforming structures as follows: . Height - (to rooflines of existing buildings): Bldgs. A&D - 12' variance; Bldg. B - 4' variance; Bldg. C - 18' variance. Floor Area _ adding 950 square feet of floor area, increasing existing nonconforming floor area ratio from 1.21:1 to 1.24:1. Setbacks - 5' side yard setback variance on north side of Bldg. D. Will applicant be represented by Counsel: YES: NO: X The City of Aspen Board of Adjustment 13 0 S, Galena Street Aspen, CO 81611 Charles Paterson, Chairman MEMORANDUM TO: Board of Adjustment FROM: Sara Thomas, Zoning Officer 1 Directo~ . THRU: Julie Arm Woods, Community Development Deputy RE: Durant Condominiums, 718-748 South Galena Street DATE: January 22, 1998 SUMMARY: The applicant requests a variance from the required height, setback and floor area requirements to construct 5 exterior elevators onto the existing non-conforming structures, The Durant Condominiums are located in the Lodge/Tourist Residential (L/TR) zone district which has the following dimensional requirements: Height - 28 feet Setbacks: Front Yard - 10 feet Rear Yard - 10 feet Side Yard - 5 feet Floor Area Ratio - 1: 1 The gross lot size for the parcel is 32,513 square feet. However, excluded from total lot area for the purpose of floor area calculations are the areas within existing surface easements, as well as areas containing a slope of more than 20%. The applicant has calculated that, after subtracting the required excluded areas, the net lot area that can be used to determine the allowed floor area is approximately 28,379 square feet, The existing floor area for all structures on the parcel is approximately 32,300 square feet. The existing structures exceed the permitted floor area ratio of I: 1 by 3921 square feet, resulting in an existing floor area ratio of 1.21: 1. The proposed elevator additions would add approximately 950 square feet of floor area, resulting in a floor area ratio of 1.24: 1. The existing structures are also non-conforming in regards to the required 28 foot height limit, The existing heights have been calculated as follows: Buildings A & D - 40 feet Building B - 32 feet Building C - 46 feet "" ~~ The applicant is proposing that the elevator additions will be designed so as not to exceed the height of the existing buildings, However, the additions are still considered to be an expansion of a non-conformity, requiring the following height limit variances: Buildings A & D - 12 foot variance Building B - 4 foot variance Building C - 18 foot variance The proposed development will also require a north side yard setback variance of five feet for Building D, allowing for a zero foot setback in that area. Lot area, height, existing and proposed square footage will be reverified at time of building permit. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Durant Condominium Association LOCATION: 718-748 South Galena Street, with a legal description of Part of Lot 14, Block 2, Anthony Acres Subdivision, Aspen, Colorado, REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title, Response: Granting the variance will, not conflict with the goals of the Aspen Area Comprehensive Plan. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure, Response: The applicant is proposing to add the elevator towers in order to provide access to the buildings' upper levels for owners and guests of the property, particularly older and disabled guests. The buildings are currently laid out in a manner which requires that numerous steps and walkways be climbed to access the upper levels. In addition, the configuration of the buildings does not allow for both sides of the buildings to be accessed from a common point; i.e., each side of each building is only accessed through its' own exterior stairway and ramping system. The applicant contends that the improvements are necessary to make reasonable use of the buildings. While staff agrees that providing handicapped access may justify granting a variance, the proposed design could be rethought in order to minimize the variances, i.e. - reducing the number of elevators in order to lessen the required floor area and height variances. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty, In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district, RESPONSE: The applicant is proposing to provide handicap access to buildings that are already non-conforming in regards to the permitted floor area and height limits of the LffR z!lne district. The design of the buildings, as well the layout of the buildings on the parcel, are extremely limiting to the possibility of any exterior additions, including the addition of handicap access. The Board recently determined that the lack of handicap access could be considered a hardship on a property and could warrant a variance when required. However, as previously stated, the current request should be reevaluated in terms of the design and in terms of the number of elevators proposed so that the handicap access could still be achieved, but in a manner which would minimize the variances required. ......... ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: · Approve the variance as requested. · Approve the variance with conditions, · Table action to request further information be provided by the applicant or interested parties, · Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends that the Board request further information from the applicant on the feasibility of reducing the number of elevators and table action at this time. RECOMMENDED MOTION: "1 move to continue the public hearing concerning the variance requests for the Durant Condominiums, located at 718-748 South Galena Street, to February 12, 1998. The reason for the continuance is to provide the applicant time to consider a redesign of the proposed development in a manner which would minimize the variances requested," ALTERNATE MOTION: "1 move to approve the following variances from the required height, setback and floor area requirements for. the purpose of constructing five elevator towers at 718-748 South Galena Street, finding that the review criteria have been met: Maximum height limit variance of 12 feet for Buildings A & D, Maximum height limit variance of 4 feet for Building B, Maximum height limit variance of 18 feet for Building C. Floor area limit variance from I: I to 1,24: 1, Setback variance of 5 feet for the north sideyard of Building D," , "4ea,,, ;e~ 'P~ SeJluau g'H S61S ?l4{UII> /34ttJItICM K1612 '1'~'lu (910) 920-1125 December 23, 1997 Ms. Sara Thomas Zoning Enforcement Officer City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: VARIANCE APPLICATION FOR DURANT CONDOMINIUMS Dear Sara, This is an application for a variance, to permit elevators to be provided at the Durant Condominiums. A copy of the Board of Adjustment application form is enclosed as Attachment #1. The applicant for the variance is the owner of the property, the Durant Condominium Association. For purposes of this application, the Condominium Association will be represented by Mr. David Booth, our designated agent, Alan Richman Planning Services and Gibson Reno Architects. A letter from the Vice President of the Condominium Association designating them as the Association's representatives is enclosed as Attachment #2. If the City needs to review the Condominium Association's articles of incorporation or declarations, we will be happy to provide a copy to you upon request. We held a pre-application conference with you on September 18, 1997, to discuss this project. Based on this meeting, it was confirmed that the proposed development would require us to submit an application to vary the floor area, height and setback limitations applicable to this property. Following is an explanation of why this variance is necessary. Need for Variance As is the case with much of Aspen's tourist accommodations inventory, the Durant Condominiums are aging and need to be able to respond to today's changing visitor needs. In particular, we have found that given Aspen's unique ability to attract repeat visitation year after year from owners and guests, many of the persons who use the condominium units have also grown older. It has become necessary, therefore, for the Condominium Association to provide elevators to serve these buildings, to reduce the difficulty of accessing the upper floor units. -"'" Ms. Sara Thomas December 23, 1997 Page Two At the present time, the buildings are served by an array of stairs. Because of the unusual layout of the units, each building has stairs on two sides to provide access. To get to some of the upper floor units, the owner or guest must climb 50 stairs; for other units the climb is as much as 85 stairs. Some of these persons must also cross between buildings using the walkways suspended several stories above the ground, which must be a daunting experience for a visitor in ski boots on a snowy evening. The proposed elevators, therefore, are necessary for these centrally located condominium units to continue to serve Aspen's visitors for years to come. They will make it possible for older persons, handicapped persons and others with disabilities to get to their units. The condominium buildings were constructed during the 1960's, and complied with the laws in effect at that time. However, subsequent changes in underlying zoning provisions have made them nonconforming as to floor area, height, side yard setbacks and open space. The subject property is now zoned LodgefTourist Residential (LfTR). The relevant dimensional limitations for this zone district are as follows: Maximum Allowable Floor Area Ratio: 1:1 Maximum Height: 28' Minimum Front Yard: 10' Minimum Side Yard: 5' Minimum Rear Yard: 10' Minimum Required Open Space: 25% Following is a summary of the dimensional calculations for the property. Floor Area: We have determined that the existing building is nonconforming with regard to floor area. The parcel on which the condominiums are located contains 32,513 square feet. However, the Land Use Regulations require several areas within the parcel to be deducted from the lot area, including an area of 2,184 sq. ft. that is within an access and utility easement granted to an adjacent residence, and an area of approximately 1,950 sq. ft. at the rear of the property that contains slopes in excess of 30%. Therefore, the lot area from which FAR is to be calculated is 28,379 sq. ft. The existing buildings contain approximately 31,939 sq. ft. that counts as floor area. In addition, the existing balconies and stairs contain approximately 7,136 sq. ft. of area. However, the Land Use Regulations only provide an exclusion for balconies and stairs up to 15% of the maximum allowable floor area of the property, (4,876 sq. ft). Therefore, 2,260 sq. ft. of the stairs and balconies count towards allowable floor area, as does our covered dumpster (100 sq. ft.). Therefore, the total existing floor area on the site is approximately 34,299 sq. ft. This represents an existing floor area of approximately 1.21:1, which exceeds the maximum allowable FAR of 1:1. ,. .. Ms. Sara Thomas December 23, 1997 Page Three The proposed elevators will add approximately 950 sq. ft. of floor area. This will increase the floor area ratio to approximately 1.24:1. It is interesting to note, however, that if the exclusions and additions did not count against the property and we simply did a comparison of the floor area within the condominium units to the parcel's total land area, then the existing floor area ratio would be 0.98:1. Adding the floor area for the proposed elevators to this calculation would only exceed the 1:1 FAR by about 375 sq. ft (a ratio of 1.01:1). Maximum Height: The buildings all exceed the height limit of the LffR zone district. The surveyor has calculated their heights as follows: Building A: 40' Building B: 32' Building C: 46' Building D: 40' As shown on the elevation we have provided, the elevators have been designed so that they will not exceed the height of the existing buildings (that is, they will not contain a mechanical space that protrudes above the existing roofs), although they will exceed the 28' limit. Setbacks: As shown on the site plan we have provided, the buildings all comply with the front and rear yard setbacks of the UTR zone district. The stairs along the side of Building A now encroach into the side yard setback, and one of the proposed elevators is designed to replace those stairs. The other buildings comply with the minimum side yard setbacks. Open Space: Although we have not completed detailed calculations, we believe the property is currently nonconforming as to open space. This is because the property rises quickly from Galena Street, such that the open areas on the site are more than 4' above grade and, therefore, do not qualify as open space pursuant to the Land Use Regulations. Since these areas do not count as open space, our proposal does not require an open space variance. Based on these determinations, we are requesting variances to the property's floor area, height and side yard setback. Response to Standards for Variance 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this title. Response: Plans adopted by the City of Aspen have always recognized that the area at the base of Aspen Mountain is appropriate for tourist accommodations uses. In fact, the 1973 Aspen Land Use Plan designated this area as "Recreation/Accommodations". The purpose of this area is: "To allow for the recreation and accommodations needs of the visitor to Aspen in an area that is especially suited for this because of its unity with, and identity to the transportation system, the ski area and the central area". ,. ~. Ms. Sara Thomas December 23, 1997 Page Four The Aspen Area Community Plan does not specifically address areas at the base of Aspen Mountain, although it does recognize that "Tourism is the economic force of the community" (page 5). The AACP does however, recommend that the City provide incentives for small lodges and take actions to maintain the small lodge inventory (see CommerciallRetail Action Plan, pages 40-41). The City has since taken actions to help the owners of small lodges located within the Lodge Preservation (LP) zone district, which were an extension of similar actions taken in support of these lodges in the 1980's. We would also note that during the 1980's the City adopted an ordinance promoting lodge and hotel preservation (now codified as Section 26.104.050 of the Aspen Land Use Regulations). These provisions allow nonconforming lodges and hotels to be modernized, including an increase of their floor area by the lesser of 2,500 sq. ft. or 10% of their existing floor area, provided there is no increase in lodge units. We are unable to take advantage of these provisions because our units have kitchens and are, therefore, not lodge units. We would suggest that in the coming years, the City should also begin to consider ways to allow the owners of other tourist accommodations located near the base of the mountain to modernize their buildings. Many of these facilities were built in the 1960's and 1970's, under a very different set of zoning regulations than exist today. Many are condominiurnized, making it much more difficult to accomplish the necessary modernization by tearing down and re-developing the structures. Instead, modernization is more likely to involve limited remodeling activities. We think that the City's support for modernizing the accommodations inventory, such as we propose in this application, would be entirely consistent with the goals and policies of the Aspen Area Community Plan, and with other actions the City has taken over the last 15 years to implement prior comprehensive plans and the AACP. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or strncture. Response: As noted above, the layout of the condominium units makes it impossible to access the units from any central point. Instead, access must be provided to units on two sides of each building. Several of the buildings are, however, connected by walkways that span the second and third floors. With these limitations in mind, we have designed our proposal so as to minimize the extent of the necessary variance in the following ways: Number: Five new elevators are proposed, although there are actually eight sides to the existing building that need to be served. Elevators #2 and #4 will each serve two of these sides, minimizing the number of elevators we need to build. One side of Building C will not be served by this plan, since there is not adequate room to fit an elevator onto our property in that location. , r' Ms. Sara Thomas December 23, 1997 Page Five Design: We have designed four of the five elevators to be recessed into the existing stairways, instead of having them extend out from the edge of the building. This will minimize the required increase in floor area and the extent of visual change to the buildings. We have provided sample elevations showing how this recessed effect will be achieved. To further minimize the appearance of the elevators, we will use brick exterior materials, similar to those used in the existing fireplaces, so the additions will blend into the building. Type: The type of elevators we have chosen do not require us to install a mechanical unit on the roof. Therefore, the elevators will be no higher than the building to which they are attached, because they will not extend above the top of the parapet of the buildings. 3. Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan and the terms of this title to other parcels, buildings or structures in the same zone district. Response: The need for this variance has not resulted from the actions of the applicant. Rather, the condominium owners are having to address problems caused by the fact that their units were built almost 30 years ago, by a developer operating under an entirely different set of zoning regulations and in a very different community than the one we all live in today. There are also special circumstances that are unique to this parcel with regard to its topographic conditions and its unusual shape that relate directly to our request to vary the applicable height, floor area and setback limitations, as follows: . Because of the topography, the height of the buildings as measured from grade is approximately 6-8 feet greater than the height of the buildings themselves (as viewed from the downhill, or street side of the property). . The topography also requires us to have to deduct some of the lot area from our floor area calculations, which contributes to the property's nonconforming status. Ms. Sara Thomas December 23, 1997 Page Six . The unusual shape of the property is the primary reason we need to request the setback variance for the elevators serving Building D. Granting of this variance will not confer any special privilege upon this property; rather, it will allow a necessary facility to be provided to make it possible for older persons, handicapped persons and others with disabilities to get to their units. It is our understanding that the Board of Adjustment recently granted a variance to an aging lodge facility for a similar type of addition. We would hope that the Board would look upon our request with equal favor. As further evidence of the fact that this variance will not confer upon us a special privilege that would set us apart from other properties in the neighborhood, Attachment #3 provides letters from several of our immediate neighbors, including Galena Place Condominiums, Fasching Haus and Fifth Avenue Condominiums, all of whom have expressed their support for allowing the Durant Condominiums to obtain this variance. Conclusion We believe that we have provided all of the materials you requested, and those materials required by the Land Use Regulations to permit your review of this application. We look forward to your scheduling of this application for hearing by the Board of Adjustment. Please let us know if there is anything else we can provide to you. Very truly yours, ALAN RICHMAN PLANNING SERVICES th~ JL:-1 Alan Richman, AICP tf ,.,.--------- ~ ATfACHMENT #1 CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMfu'IT APPUCATION DATE ~et~_~ 'J.d-. 19.n CASE 1# APPLICANT Mr. David Booth, Aqent PHONE 925-2260 MAlLING ADDRESS Aspen Snowmass Lodging Company 747 G~l~n~ S~r~~t, Asoen. CO 81611 OWNER nnrrtnt: f'nnnnm;n;nm lI.cocu.."'....i::lt-inn PHONE 925-2260 MAlLING ADDRESS c/o Aspen Snowmass Lodging Company LOCATION OF PROPERTY 718 - 748 South Galena; Part (Streer. Block Number and Lot Number) of Lot 14, Block 2, Anthony Acres Subdivision WlI.l.. YOU BE REPRESE:'ITED BY Cm.JNCIl..~ YES.x NO_ Below, describe clearly the proposed variance. including 0.11 dimensions and justification for the variance. (Additional paper may be used if necessary,) The building permn applic:nion and any other informacion you feel is pertinent should accompany this applic:mon. and will be made pan of this case. See Attached Application Applicant's Signarure q-, y~-4A,A,~ * REASONS FOR DEmAL OF BUILDING PERIVIIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCER."iING THIS V AlUAJ.'lCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARThIE~l STAFF. DATE PEIUvllT DENlED OFFICIAL DATE OF APPLICATION HEARING DATE , ATTACHMENT #2 DURANT CONDOMINIUM ASSOCIATION 718 SOUTH GALENA STREET ASPEN, COLORADO 81611 Ms. Sara Thomas Zoning Enforcement Officer City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: VARIANCE APPLICATION FOR DURANT CONDOMINIUMS Dear Sara, Please be informed that Me. David Booth is the designated agent of the Durant Condominium Association and is authorized to act on behalf of the Association. Mr. l300th has been working with Alan Richman Planning Services and Scott Smith of Gibson Reno Architects to prepare a variance application for the Durant Condominiums. The Condominium Association hereby authorizes Me. Booth, Mr. Richman and Mr. Smith to act as our designated representatives with respect to the variance application being submitted for our property. They are authorized to submit those applications necessary to add elevators to our b\lildings, and to represent us in meetings with City of Aspen staff and the Aspen Board of Adjustment. Should you have any need to contact the Association during the course of your review of this application, please do so through Mr. Booth or Mr. Richman, whose addresses and telephone numbers are included in the land development application. Robert Tobey, Vice Presid t Durant Condominium Ass ciation ",. ........ ATTACHMENT #3 ~ ~ 'cr-~~j;tOrc7-' September 12, 1997 City of Aspen Board of Adjustments 130 S. Galena St. Aspen, CO 81611 Att: Sara Thomas Rc; Durant Condominium Association Elevators near Sara, On behalf of the Galena Place CondolI1inium Association, located at 616 S. Galena St., and as President of the Board of Managers, I would like to notifY you that tbe Association would not dispute the construction of elevators at the Durant Condominiums. JincerelY, ' o ~:; Monkarsh President, Galena Place ondominium Association .747 Sooth Galena Street Aspen. ColoradoSt611 970'<)25.2260 800.321.7025 FIll(: 970."25.2264 . http://www,aspenonllnc.<omlaspenlodglngco E-mail: lodglng@csn.net 7. 'd tQZZ GZR n~R ~N IV. n1 ~NI~nn1 NHdSV WV nn:ll nHI ~R-ll-dHS -"" .....-. -.... '/'. ~"' .;.,,-...,. ,cir:' r....... ..,......,.,...... .....,,-, S :; ~ 'I'''. :' ;,;' II .', r . I i/ -' I( _. f , , ( ) , ...~....._--........_-_..'-' ~ffA~JZT~ September 12. 1997 City of Aspen Board of Adjustment~ lJO S, Galt'na St. Aspen. CO 81611 Att: Sara Thomas Re: Durl\llt condominium Association Elevators , Dear Sara. On behalf of the Fif'th Avenue Condominium Association. located at BOO S. Mill St., and as PlC;sil1enl of the Board of Managers, I would like to notify you that the A5sodation would not di~pute the constructioll of elevators at the Durant Condominiums. Sincerely. ~ ck ReCKer resident, Fifth Avenue Condominium Association , 747 Soulh Galtn. SuW .'\spen. \~Olllr.do 81611 9;0,925,2200 ~OO,3ZI, ;025 F~x: 970,925.2204' hnp 1^'WW,Mp~nonlln...onvll"r.nlo"~i11l:'~ E-n\~II: !qJllini,jo"n nor o 'd '0"' -"- - E r :J("i,.o :I(,.C L.:.. '011 XV] ~J ~'1;9a01 N3dSV "" /,1"1 ,';' IC_';-,:'S h\' ... .. ~1."\11 ...1) .. _1 ~t:.t-'-.i...::.. -..:...':j::j r _..I........~ _': 1.-,1', I "~UI j "_'__" ,I I" I J.'-_ , September 12, 199'7 Ciry of Aspen Board of Adju~tmenl~ 130 S. 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'" '" ... .. '" " ... " ... '" ( , I I I I I I I I I I I I I I I I I I I I 1 1 /) """, , G>> MIl Myriad Investments, Inc. January 14, 1998 Mr. Charles Paterson, Chairman Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Re: Case #98-1 - Durant Condominium Association In reference to your Notice of Public Hearing on the above Case #98-1, we are the property owners at 714 S. Galena Street, situated directly next to the Durant Building "A", The proposed walkway is adjacent to our first floor and 2 master bedrooms. This will directly increase the foot traffic and noise factor in our condo. Even now, we can very easily hear people talking and walking down the street, which is a considerable distance from the location of the walkway, and this proposed elevator, I am concerned that during the summer, with windows open for ventilation and cool air, that people talking by the elevator, yelling instructions to people in their car about getting things out, general griping about the slowness of the elevator, or just normal conversation, will disturb us and our guests. I have proposed to David Booth, the agent for the Durant Condo Association, that a different entry be considered (see attached) with a noise barrier on either side of the direct entryway. In addition, I would like to know if any noise whatsoever is created by the elevator going up and down within its shaft, as it will be used at all times of the day and night, and that possible noise factor would also be objectionable, As we will be the only people directly affected by this zoning variance, these are the issues that need to be resolved in order for us to give approval to your case. Sincerely, MMJ!t~ lib enc, 107 Aprill Drive. Ann Arbor. Michigan 48103 (313) 665-1246 Fax: (313) 665-9920 .~. JAN-12-98 ',\ON mr" ...' ':!'I~~~I":"....,,c;. '1 ~ .f ."....; ,-, ..,.. .r,(.:~: \ ,," .~. ,. ". 1: 57}M Ar- .~ LODGING CO .; FAX NO, ,.070 925 2264 . ':., ";.1-'f.T' ::-;',;. '''~-;. !:','S.... "",'\II:"' "" ,-: ~'. ~...,,~~-~,~-t"('~..~~ . ~ t., - ,;,.t ...::.~.._p:;.,,~,~~ ".~~~. ;c'< ..~ p, 4 ':"';I"'"~'~'~..,,..<, . "'~""~~~~~:I.i.;:;;r;"!i'.l;"l . ~1l~1'.~;":~..~",,.>l. . ~ . r.... .,. .,. . . ... ~"..''j,., '," '''f -:1 -.'.' , ~Alt<!-~~ , NIW '~~ ~l e.UIL..PING:t ',A' ~xr{)ISE '- _ _ "BAPJ{fER.) " f-.(P~'Posel - -'" ~ - =!)t~T'fJ~~~'FJJ~-7 ........T.~~~'M~.P I -....... NIJ(SE -- ~ 8011 R,1ZJ;;j I T"-~I I I , -, I I I L___ J I f ' I , 1--- I -, I I ~ .. J 1'R..D1l0Sf.h iAL12.~IU.Q--r~ k.DG.f\I10N ___L__ JAN-12-98 MON 1:56PM M-' LODGI!lG CO FAX NQ 070 925 2264 { ..I o ...} -+ , ~ ~4 ,0 ~", ~ o~ .-' "," J ,;~ fo .~. ,~. ~ " ... ~ ,: i: " _ ~LIL --- .,.----- ~ -~- 'l '8 ~ .rr ~ :lo. ..... --~----- --- Tlr ~ ~ ----------- -h ? <II ..., ~ , " III ""/ /lfl s m u. ~'f" Be A ~~TtVl \.oc.A11orl l ~.:" .,a-:;:uJQO?\~ ';a ,"'"aN I :;.' ~-l.-.l<l.... l l~o.5 b~ ~ C-o fl~l/ .. -f ~':, .-l 'V x. \, ~ \ \'f\ ij~ V Q/ GONDEK CHARLENE ANN \, \\ f\ ' , 628 S GALENA ST #4 . \ V -..1:x.., ASPENC081611 f~ \ \ '--~c .~: ~~2 ~j> , @.~~:f'~~ <i:;~, ~-."~~j: ATTEMPrm a~"'T ! . "< . \...... .~. ~ '\ L ..lL ):50 ,~ ~ _ r ~ !Jt; Co f /10 I) ,;. /:~~ ~..',~i:~~ :~~j%~~~:1 ~ . . ...j: ~." "\? ,~ ,:; ": Ii };~f::;,["J~ --- , " '-.- '........ C i_I ',Rf, NO MAIL . CEPTAC1.E ZUBROD MATTHEW S 800 S MILL ST #14B ASPEN CO 81611 1305 ~S:b ~ C-o fttlo tJ . ___n__.__.. ,...._.__.-..~.. .~.'.~:~~i,.~...~~,~T-...t~~~~~~f~:., i .-; -,11?; G .:; ..~-I~ , " f / ,~\ ~! u,,'~..~:~~~_~i~,..~J~ "'~r NO MAIL LOFLAND DAVID WESLEV RECEPTJC,j'. _ 731 S MILL ST#1-A 11 t t ASPEN C081611 ~-~.- 1'30 S .b~ ~ (20 fIla&; . ~=..-:~;=~=~~~i; :.li i ~ __01.._..._1" "'" ?1rr"l?: . '~i' u~"';:'I' ~~____ _____-e- ~ c-- ..,....- HAGER FRANCES 800 S MILL ST #3040 ASPEN CO 81611 '~p NO MAIL r,fCEPrACl.E DURANT CONDOMINIUM ASSOCIATION 747 S, GALENA PH, 303-925-2260 ASPEN, CO 81611 .I: I: Ja 8 III. ~~ PAY ~~ ,4. ~/t ..t1 ;z.:-......... ,t < 0 Si!"'2 TOTHEOROER "..... 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