The URL can be used to link to this page

Home My WebLink Aboutlanduse case.boa.101 W Main St.012-87 - "4 CI'l'Y OF ASPEN BOARD OF ADJUSTMBRT NOVEMBER 12. 1987 4:00 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. MINUTES OF OCTOBER, 15, 1987 IV. CASE 187-12 Aspen Ski Lodge Condo Association V. Revisions to Aspen's Land Use Regulations VI . ADJOURRMERT , NOTICE OF PUBLIC HEARING Case 187-12 ASPEN SKI LODGE CONDO ASSOCIATION BEFORE THE CI'l'Y OF ASPEN BOARD OF ADJUSTMBRT 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 Council 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 Adj ustment requesting author ity for var iance from the provisions of the Zoning Ordinance, Chapter 24, 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, then 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. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meetinq: Date: Time: November 12, 1987 4:00 p.m. OWner for Variance: Appellant for Variance: Name: Aspen Ski Lodge Condo Assoc. David F. Jones, Appellant Address: 101 West Main Street Sunny Vann, Representative Location or description of propertv: Location: 101 West Main Block 59, Lots E, F, G, H, and I. Variance category. feet into enlarging Requested: Property is located in Front yard setback is 10 feet. Canopy the front yard setback. Sec 24-13.3 (a) of a non-conforming structure. the L-3 zone encroaches 10 prohibits the Will applicant be represented bv counsel: Yes: X No: The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney, Deputy City Clerk . /Oft7/87 ~. /UV//? ~e=s ~#"'~/Md7A~~ A?~~/ ~~ ~~A~. Location of Property: /C>/ ..:::;o/~ ,L,/~/U ~.-G9. a:>~ E.'ti3,H./ 73=~~ (Street afld Number of ubaiv1ston Block and Lot CI'l'Y OF ASPEN Date: Appellant: Address: Case "0.: -/c/ ~ ~,.,/A/ ?z?- ~'$4- /0/ ~ hIA/~/ ~.~ .,e/~/ Owner: Phone: Address: .' No.) , Building Permit Application and prints or any other pertinent data must accompany.:this application, and will be made part pf CASE NO.: .. - . ,". THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL TUE FACTS IN QUESTION. . DESCRIPTION OF-PROPOSED EXCEPTION SnOWING JUSTIFICATIONS """. ....., ,.. 'l~.'.~ 1 ~ c~e ,f77;(07'e.r/ ~;rU617/~~) " ,-.:"1 ented~by counsel? .. eYes ~ No ."..,. 'or_ (Applicant's Signature) ====aaa~ac___aaa_______a=============aa====a=a= PROVISIOlIS OF TOE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO ~~. R":;.IR:G:Tf.~~ ~\7P~I~~~\~~L~lO, ,~~f~BOr. -s ~:"~.L' J,U~~~I:l ^~~~tS~~Gt~~R~~ , I, i , ,. r" j. ,: r r f 'I'-- 1 l ..lL\..C\'Z l, \ Q \."\ C CI.''-l\'v,\ _l \.Vlc",ct,l~' r ('d, '.'-~ ,;,C>:, i'L,ve V-" C\. l() ~, ~J",V' , . c:'~~,\.,llt~,_\r "~. ~ ;\.)$1.,l, -t..., :" ('vV~ \-- ""-'0' \..~" ~4..<- c.i....c \,vl Q,l ~v tL..", \ "'v \'\ 0. l.lt let v: 1 (,cer! C" cL'\t c;,'; i)LI II J \.' ,-, :' r,r, ': -l.",-LQ'Zq--<j , ! v - ~.' .'}- -.), ~ i(~\. \;:)11\4.'-1.. (\L,-.~ -v'-Z .(, \ · It, {<..L,,\ E, r \\.1...,'- ( .IV ! 1;'[" U.. ' "/ .. t _ ,"." . -...~ J "~.'''' . . ':J - -.....,. 1 ~ $" - U \j q-';:"cllt't.l~.\"":' ,. . \ 1\\ {, /~/ . - . . - . - . . . . l .~. ),~~ \.lr:.,--,-/, . Status '. 19ned PER HIT REJECTED, DATE. \\~ DECISION ____ APPLICATION FILED \ \, '<__ . y. DATE OF HEARING \ . MAILED SECRET~~Y DATE VANN ASSOCIATES Planning Consultemts October 27, 1987 Mr. Bill Drueding Zoning Official Aspen/Pitkin Regional Building Department 506 East Main Street Aspen, Colorado 81611 Re: Aspen Ski Lodge Variance Request Dear Bill: ~ Please consider this letter an application for Board of Adjustment review of your decision regarding the enclosure of the existing entryway at the Aspen Ski Lodge, a condominium hotel located at 101 West Main Street in the City of Aspen, Colorado. The application is submitted pursuant to Section 2-22 of the Municipal Code by Mr. David Jones, the managing agent of the Aspen Ski Lodge Condominium Association. Permission for Vann Associates to process the application is contained in Mr. Jones's letter which is attached hereto as Exhibit A. A list of property owners within 300 feet of the Lodge is attached as Exhibit B. Proposed Improvements As the accompanying drawings illustrate, the Applicant wishes to reconstruct the existing wood fence which currently screens the Lodge's pool area from Main and Garmisch Streets, and to partially enclose the building's eXisting entryway. In addition, the Applicant proposes to reconstruct a portion of the existing sidewalk and to install additional landscaping. These improvements are designed to increase the safety of arriving and departing guests, and to help reduce the adverse effect of excessive street noise on the Lodge's occupants. Approval for the proposed modifications to the exterior of the Lodge was granted by the Historic Preservation Commission on October 13, 1987. Similarly, the City's Engineering Department has approved the reconstruction of PO Box 8.18'-, . Aspen. Colorildo 81 G 12. :103 CJ;>:J~G958 Mr. Bill Drueding October 27, 1987 Page 2 the sidewalk and the proposed landscaping plan. The Building Department, however, has concluded that the partial enclosure of the entryway is in violation of the nonconforming structure provisions of the Code, hence the necessity of this variance request. As noted above, the proposed improvements are designed to improve public safety and to help reduce unacceptable noise levels. Presently, guests are required to access the Lodge from Main Street, unquestionably the most heavily traveled street in the City. Vehicles currently must load and unload adjacent to the curb, sesulting in potentially dangerous conditions for both guests and vehicles. This problem is particulary acute during the winter, when snow and ice buildup resulting from the frequent plowing of Main Street occurs and the Applicant's ability to maintain a dry entryway is severely hampered. In addition, the entryway opening is quite narrow and is located well below street grade. As a result, the substantial noise generated by Main Street traffic is funneled into the interior of the project. Noise is a particularly troublesome problem in the summer when the lack of air conditioning requires that windows be left open to ensure adequate ventilation. The enclosure of the existing entryway, and its relocation to Garmisch Street, will significantly alleviate these problems. Variance Request Specifically, the Applicant requests a variance from the strict application of Section 24-13.3(a) of the Code. Inasmuch as the existing Aspen Ski Lodge entryway pro- trudes into the required front yard setback of the 0- Office zone district, the Building Department has con- strued the partial enclosure of this area as increasing the nonconformity of the structure. Section 24-13.3(a) expressly prohibits such increases. Historical Background As you may know, the Aspen Ski Lodge was constructed on the site of the old Smuggler Inn. The original Inn predated the City's zoning regulations and, with the adoption of new area and bulk requirements, became both a nonconforming structure and a nonconforming use in the 0- Mr. Bill Drueding October 27, 1987 Page 3 Office zone district. The Board of Adjustment, however, granted a variance in 1979 (Case No. 79-3) from the strict application of the nonconforming provisions of the Code in order to permit the Inn's reconstruction. It should be noted that the reconstruction of the Smuggler Inn was construed by the Board to be "repairs" to an existing structure, even though the Inn was to be totally demolished. In conjunction with this interpretation, the reconstruction was limited to the footprint of the original Smuggler Inn and, as a result, the new Aspen Ski Lodge also became a nonconforming structure. ~ The Lodge, however, was subsequently rezoned L-3 in conrtection with the City's adoption of the L-3 zone district and, there- fore, is no longer a nonconforming use. Review Requirements With respect to the specific review requirements of Section's 2-21 and 2-22(d), the following comments are provided in support of the Applicant's request for a variance. 1) While the Board's previous variance permitted the reconstruction of the Smuggler Inn, existing regulations dictated that the new Aspen Ski Lodge occupy the same footprint. As a result, the building retained the nonconforming structure status of it's predecessor. an "unnecessary hardship" given today's L-3 regulations. As you are aware, the reconstruction of such lodges is now encouraged by the City as evidenced by the adoption of the L-3 zone district, a regulation which was not available to the Applicant. Had the regulation been in place in 1979, the Applicant's problems would not exist, as the recon- struction would have been required to conform to underly- ing zone district requirements. It should be noted that the successful reconstruction of the Smuggler Inn served as a role model for the development of the L-3 legisla- tion, and that subsequent improvements to other such properties have not been similarly burdened. In addition, the Applicant's inability to partially enclose the entryway creates "practical difficulties" which cannot be resolved in any other reasonable manner. Mr. Bill Drueding October 27, 1987 Page 4 These difficulties include the inability to provide convenient and safe access to the Lodge and the inability to realistically address the ever worsening problem of traffic generated noise. 2) As discussed above, the Aspen Ski Lodge's current status as a non-conforming structure is the result of the regulations which were in effect at the time of the reconstruction of the Smuggler Inn. As a result of changing public policies, the reconstruction of such lodges is now strongly encouraged, and the application of current regulations would eliminate the need for the variance in question had they been available. In recon- structing the Aspen Ski Lodge, the Applicant was pursuing a desirable public purpose, and by complying with the regulations which were in effect in 1979, a nonconforming structure was created, a situation over which he had no control. 3) Currently, lodges such the Smuggler Inn are zoned L-3. As a result, reconstruction must comply with the area and bulk requirements of the L-3 zone district, thus eliminating the problems of nonconformity which currently precludes the Applicant from improving his property as proposed. 4) The reconstruction of the Smuggler Inn is consistent with the City's objective of lodge preservation and with the intent of the L-3 zone district. The inability of the Applicant to address the Aspen Inn's problems of safety and noise because of it's status as a nonconforming structure would deprive the Applicant of the enjoyment of a substantial property right and of the considerable flexibility enjoyed by other L-3 lodges. 5) The retention and upgrading of the City's numerous L-3 lOdges is a stated objective of the so-called "Short-term Accommodations Report", a document prepared by the Planning Office to assist in updating the Aspen Area Comprehensive Plan. As a result, approval of the variance in question would not adversely affect the Plan. 6) variance further The variance requested represents the minimum required to address the problems in question. No variances are required to implement the Ap- Mr. Bill Drueding October 27, 1987 Page 5 plicant's development proposal, and no reasonable alterna- tives exist which would accomplish the desired results. SWIIlIary In summary, the Applicant believes that the granting of the requested variance is appropriate based on the comments outlined above. The Aspen Ski Lodge's noncon- forming status constitutes a hardship which the Applicant acquired as a result of regulations which are no longer applicable. In addition, practical difficulties exist which cannot be reasonably resolved withoQt the Ap- plicant's receipt of the variance in question. Finally, the variance requested represents the minimum variance necessary to address the Applicant's problems and is essential to the continued enjoyment of a substantial property right. The Applicant, therefore, respectfully request a variance from the strict application of the provisions of Section 24-13.3(a) of the Code so as to allow the partial enclos- ure of the Aspen Ski Lodge entryway as depicted on the accompanying drawings.Should you have any questions regarding our application, or if I can be of any further assistance, please do not hesitate to call. As the Applicant wishes to commence construction this fall, any assistance you could provide in expediting our request would be sincerely appreciated. Very truly-~ " SV: j lr Attachments cc: David Jones .Aspen Ski lQdge EXHIBIT A ~'~T' ....H '\ , .1 " t:.'l. . _"";"";'.~ ",,1~,). September 14, 1987 Aspen/Pitkin County Planning Department 130 South Galena Aspen, CO 81611 Attn: To Whom It May Concern Su1;>ject: Agency . Dear Folks: Please consider Vann Associates of Aspen as agent for the Aspen Ski Lodge in the necessary activities/actions in HPC and pertinent matters relating to capital and other improvements to our property. ~. David F. Jo Managing Ag n , ASLCA General Mana er, River Fork Mountain Real Estate, Inc. DFJ/lb 101 West Maln Street. Aspen, Colorado 81611 303/925-3434 Exhibit B LIST OF PROPERTY OWNERS 1. Block 51 Louis and Frances Wille 200 West Main Aspen CO 81611 Diana Blum % Stirling Homes 600 East Main Aspen, CO 81611 2. Block 52 , Hugh and Edith Chisholm 205 West Main Aspen, CO 81611 Claire M. Newkam Box 2808 Aspen, CO 81612 Charles and Sally Smithgall 2866 Wyngate NW Atlanta, GA 30305 Scott and Wylie Doughty 37 Arlington St. Cambridge, MA 02140 3. Block 58 Kathy B. Weese 314 W. Willow Chicago, ILL 60614 Stewart and Emily Wright 111 Sierra Vista Redlands, CA 92373 Maudi W. Willson 500 West 13th Street, Suite 210 Forth Worth, TX 76102 Steve and Lilly Ko 132 West Main Aspen, CO 81611 Hotel Aspen Ltd. 730 East Durant Ave. Aspen, CO 81611 4. Block 59 David Melton Box 3347 Aspen, CO 81612 Ralli Dimitrius 200 s. Sierra Madre Blvd. Pasadena, CA 91109 Aspen Ski Lodge Condominiums 101 West Main Aspen, CO 81611 Hazel Loushin Katherine J. Kasper Box 582 Aspen, CO 81612 ~ Sebastian and Cecilia Brungs Box 966 New Castle, CO 81647 David F. Jones % Molly Gibson Lodge 120 West Hopkins Aspen, CO 81611 Stuart Scott 3345 Club View Terrace Colorado Springs, CO 80906 Ron Rosner 3507 Jefferson Davis Highway Fredricksburg, VA 22404-7045 5. Block 60 Margaret B. Day & Co. % Madeline Day 6570 Olde Stage Rd. Boulder, CO 80302 Aspen Skiing Co. Box 1248 Aspen, CO 81612 Arthur and Mary Ella Evans 6317 Belmont Houston, Texas 77005 6. Block 66 Larry Saliterman 2240 Lee Ave. N. Minneapolis, MN 55424 North and South Aspen Assoc. 200 S. Aspen St. Aspen, CO 81611 Aspen Clinic Bldg. 100 East Main Aspen, CO 81611 Pitkin County Clerk and Recorder Pitkin County Court House 506 East Main Aspen, CO 81611 .. 7. Block 67, Paepcke Park Kathryn Koch City Clerk's Office Aspen City Hall 130 South Galena St. Aspen, CO 81611 8. Block 68 Albert and Pearl Bishop 202 South Garmisch Aspen, CO 81611 T. L. Buerge Box 60824 Oklahoma City, OK 73146 Mary H. Mi lIard 121 East Hopkins Aspen, CO 81611 50S E..t Main Street: A.pen, CoIar_do 81811 303/925-5873 BUILDING PERMIT APPLICATION ABPEN.PITKIN REGIONAL BUILOING OE_RTMENT General Construction Permit 1 Jurisdiction of ,tV5fb ') NO.1149() Applicant to complete numbered spaces only. JOB ADDRESS (U SEE ATTACHED SHEET) 1. 2. OWNER I 3, ~ "'V m PHONE ~ ~ .Po, dele, ~'55> '726 CONTRACTOR MAIL ADDRESS PHONE LICENSE NO. 4, ARCHITECT OR DESIGNER MAIL ADDRESS PHONE LICENSE NO. 5. ENGINEER ~ ~ '1 ze; fCO"Z---- MAIL ADDRESS PHONE LICENSE NO. 6, USE OF BUILDING 7, /-Or;:>. 8. Class of work: D NEW "kAOOITION D ALTERATION ~ REPAIR D MOVE D WRECK 9. Change of use from Change of use to PLAN CHECK FEE PERMIT FEE TOTAL FEE 1 oValuation of work: $ Type 01 Construct.on Occupancy Group Lot Area 11. REMARKS: Si2e of Building (Total Square Ft.) No. of Sfories Ma". Oee. Load NO. OF BEDROOMS EXISTING ADDED Use Zone o Fire Sprinklers Required DYes 0 No Special Approvals REQUIRED No. of Owellinq Units Covered ZONING PLANS CHECKED APPROVED FOR ISSUANCE HEALTH DEPT. SOIL REPORT " " PARK DEDICATION DATE DATE DATE WATER TAP FIRE MARSHALL I' NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DA YS, OR IF CONSTRUC. TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMEN.CED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS J1.NO ORDINAN S GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SP IFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME T IVE AUTHORITY T LATE OR CANCEL THE PROVISIONS OF ANY OTH TATE OR LOCAL LAW REG LATING CONSTRUCTION OR THE PER. FORMA E F CONSTRUCTION ENG. DEPT. OTHER (SPECIFY) THIS FORM IS APERMIT ONLY WHEN VALIDATED WORK STARTEO WITHOUT PERMIT WILL BE DOUBLE FEE SIGNATURE Of OW IF OWNER_BUILDER) DATE PERMIT VALIDATION CK,O M,O, 0 VALIDATION CASH 0 PLAN CHECK VALIDATION CK, 0 M.O, 0 CASH 0 WHITE - INSPECTOR'S COPY YELLOW - ASSESSOR'S COPY PINK - BUILDING DEPARTMENT FILE GOLD - CUSTOMER'S COpy County of Pitkin ) ) ss. ) - , ,.. State of Colorado AFFIDAVIT OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 2-22 (c) of the Municipal Code) follows: The undersigned, being first duly sworn, deposes and say~ as . .. . " " i ~. . Jo,", ", 1. I./?,1VR;> ~f::::::~ 1___________________________ , being or representing an Applicant hefore the City of Aspen Board of .. ~.:: Adjustment, personally certify that the attached photograph '''''.' fairly and accurateJy represents ~he sign posted as Notice of the , variance hearing on thfs matter in a conspicuous place on the subject property (as it 'could be seen from the nearest public way) and that the said sign was posted 'and visible continuously from the /::r day of ~~~ ~ 19~ to the ./2~ day of ~e<...;/~ , ~~/. (.Must be posted for C"1.. o. .... at least ten (10) ~ul1 dars before the'~earing date). "', . I Subscribed this I 19..LZ....., by a orn to before me .~tt_~o..~ ~;:~~. , ~. . WITNESS MYHAND AND OFFICIAL SEAL. My commission expires: 1!/I'/U-uI.k..../ ~6, /;?f? Notary PUbl:ii:: ~ "~ Addre~ / ~. .1'1.' _. ..... . ~ /~ ","~(),p 4oi!{..-\. ~<Uo I'ltl/