HomeMy WebLinkAboutlanduse case.boa.219 E Durant Ave.002-85
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NOTICE OF PUBLIC HEARING
CASE NO. 86-2
BEFORE THE CITY 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 26, 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 Adjustment requesting authority for variance 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 Meeting:
Name:
Time:
Thursday, March 7, 1986
4:00 p.m.
Owner for Variance
Appellant for Variance:
Name:
Address:
Chart House
219 East Durant
Aspen, CO 81611
Tom Wells
314 South
Aspen, CO
Mill
81611
Location or description of property:
Location: 219 East Durant
Description: Lots 7,8,9, Block 3, Eames Addition
Variance Requested: Applicant is requesting relief from a
requirement of the Planning and Zoning Commission's approval for
expansion of two additional on-site parking spaces. Section 24-
4.5: the L-l zone requires four (4) additional parking spaces
per 1,000 square feet of commercial use.
Duration of Variance:
permanent
The City of
130 South Galena
Lavagnino, Chairman
Aspen Board of Adjustment
Street, Aspen, Colorado, 81611
Barbara Norris, Deputy City
Clerk
Remo
County of Pitkin
)
) SSe
)
State of Colorado
t5~2--
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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)
The undersigned, being first duly sworn, deposes and says as
follows:
1.
, !:>eing or
I, Pa tricia Trott
(print name)
representing an Applicant before the City of Aspen Board of
Adjustment, personally certify that the attached 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 that.the said sign was posted and visible continuously
from the
26th day of
7th
day of
March
February
, 19 RS , to the
, 19~. (Must be posted for at
least ten (10) full days before the hearing date).
. APPLICANT
~..~
. ./ ,,/ . .'/,/1' ;".' '
SJ.gnature
Subscribed
this 5th
19..!L2-, by
and sworn to before
day of March
Patr1r.1;1 'rrnt-t-
me
,
WITNESS MY HAND AND OFFICIAL
SEAL.
M~~Pi:es, 12-30-86
N"ot ry Public "7
205 E. Durant, Apt. l-T. Aspen. CO R1611
Address
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CITY OF ASPEN
Case No.: ~~
Address: 314 S. Mill, Aspen
phone: 925-7817
Date:
1='~h"'l1~"')l 1 t;J 1QRt;
Appellant:
Thnm;:!ic;, Wpllc;,
Owner:
Chart House
Address: 219 F. DlIr"nt. A"p"n
Location of Property: 219 E. Durant, Lots 7, 8 and 9, Hlo"k 3, F.ames Addition
Aspen, CO 81611
(Street and Number of Subdivision Block and Lot No.)
Building Permit Application and prints or any other pertinent
data must accompany this application, and will be made part of
CASE NO.:
THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL
THE FACTS IN QUESTION.
DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS
Providing two on-site parking stalls is not practical as two street parking
stalls would be lost in the process. See P&Z approval notes.
Hi~: y u be reVs~ counsel?
Thomas O. Wells
Yes
No
~
(Applicant's Signature)
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PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO
FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT
~TING: ~~ ~ ~~ ~~ ~~ Pi-Z-
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WU~ed
DECISION
Status
PER~IT REJECTED, DATE
APPLICATION FILED
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DATE
DATE OF HEARING
SECRETARY
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RECORD OF PROCEEDINGS
Reaular Meetina Pl~nnina and Zonina commission Februarv 5. 1985
reject this applicant's request in its present form, but
perhaps will assist by offering guidance in the development
of a hidden remote location where suitable for this type of
electronic gear."
Motion:
Roger Hunt moved to table this application until February 19,
19851 seconded by Ramona Markalunas. All in favorl motion
carried.
PUBLIC HEARIml
CHART HOUSE GMP EXEMPTION/CONDITIONAL USE REVIEW
penne briefed the commissioners. The Chart House is located at
219 Durant Avenue in the L-l zone. The applicant requests an.
addition of approximately 500 square feet. The tool is an
exemption from growth management. A restaurant is a conditional
use in the L-l zone and this request expands the conditional use
'permit.
If the Commission finds the impacts of 500 square feet minimal
or manageable, grant an exemption from growth management for the
additional space. Make findings based on the following criteria:
a minimal number of additional employees are genera ted by the
expansion or housing is being provided for additional employees 1
a minimal amount of additional parking demand is created or that
parking can be accommodated on sitel minimal visual impact on the
neighborhood 1 and minimal new demand is placed on services on
site, such as, water, sewer, roads, drainage, and fire protection.
Additional criteria for evaluating the placement of conditional
uses or expansion are: whether the proposed use otherwise
complies with all requirements imposed by"the zoning codel
whether the use is consistent with the objectives and purposes of
this zoning code and the applicable zoning district 1 and, the
proposed use is designed to be compatible with surrounding
land uses and uses in the area.
The proposed additions meet all area and bulk requirements. The
restaurant's location is compatible with surrounding land uses.
The location is convenient for lodge guests within the lodge
area. The location is within one and one-half blocks from the
Rubey Park Transit Center. The location is on several bus
routes. The location is easily accessible by car. ~lost off
street parking on Monarch and Durant is utilized by Chart House
patrons. There is a parking lot behind the restaurant used by
skiers during the day and diners during the night.
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RECORD O~ PROCEEDINGS
Reaular Meetina P1annina and Zonina Commission February 5. 1985
The restaurant's current footprint is 5,716 square feet. The lot
is over II,OOO square feet. The FAR is .52:1. The allowed
external FAR is I: 1. 50% of. the space will remain open space ~
the requirement is 25%. The requirement for height and distance
between buildings is met. .
The placement of the addition at the rear of building, facing Dean
Street and the southwest corner, is sensitive and will have
minimal visual impact on the neighborhood. The square footage is
for a lounge area, 126 square feet ~ for a storage area, 87 square
feet~ for an office space, 116 square feet~ and for a bar, an
increase of 169 square feet. The applicant is building larger
rest rooms. The circulation between the bar and dining room will
be upgraded. Existing office and storage space is lost with the
bathroom expansion~ that office space is replaced with the
addition. The applicant believes the current bar and waiting
area are inadequate for the dining capacity of the restaurant.
The applicant proposes to improve those areas, not to change
dining capacity. '
The engineering department does not anticipate increase in the
infrastructure usage: water, trash generation, roads, etc.
Additional parking requirements may not be generated by this
addition. But, the code (Section 24-4.5) requires four parking
spaces for every additional 1,000 square feet of commercial
area. The requirement is two off-street parking spaces. She
received a letter from Tom Wells, architect for the project. The
letter explains the location of the two parking spaces, as
submitted in alternative one. 11ajor restructuring of the site
involves movement of a retaining wall and loss of two on-street
parking spaces. The trade-off from two on-street spaces to two
off-street spaces is not that desirable. The Commission and the
planning office cannot vary the code's requirements for parking
space. Only the Board of Adjustment can grant a variance from
this parking provision.
The planning office recommends approval of special review for the
GMP exemption for expansion of the Chart House by no more than
500 square feet and for expansion of the existing conditional
use permit with a condition that the two parking spaces shown on
alternative one be instituted. The Commission can table its
action until the applicant receives a variance from the Board
of Adjustment. This action does not put the Board of Adjustment
in a compromising position.
Tom Wells, architect for the project, noted a problem with
Penne's recommendation on parking. The construction period is
short, April 15th and June 15th. Approve construction tonight.
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RECORD OF PROCEEDINGS
Reaular Meetina p~annin9 and Zonina Commission Pebrua~y 5. 1985
penne asked if the applicant will either locate the parking, as
suggested in alternative one, or apply for a variance. Wells
preferred a vote on the 500 square feet tonight. There is
no rush on parking. Separate the parking from the construction.
penne argued the two issues are inseparable. NeIls replied the
. vote tonight should incl-ude the parking spaces. The applicant
can always approach the Board of Adjustment to overturn the
Commission 's condition of approval. Penne said if the Board of
Adjustment does not waive the parking spaces, the applicant has
to install the two parking spaces. Wells understood.
Hunt requested engineering's review. Dean Street is critical
to Aspen Mountain Lodge I s construction. The proposed parking
solution may be acceptable under th~ code but not for the street.
Elyse Elliott, engineering department, commented she did not
review the solution under a new lodge scenario. She only considered
the existing conditions. Hunt requested the entire parking
along Dean Street be solved. Consider the lodge. There is a
need for a service vehicle egress out of this area. Richman
replied the city solved this issue with the lodge. It is unreason-
able to hold up this applicant for the lodge. Hunt suggested no
off-street parking on Dean. Dean Street is critical to the
lodge. Why present a solution diametrically opposed to the
lodge's needs? penne agreed off-street parking may be more
reasonable. Hunt said the trade-off from on-street to off-street
parking is questionable. He requested engineering's analysis.
Dean Street is the solution to the egress for the lodge.
penne noted that the city is tied to a code that requires four
parking spaces per every I, 000 square feet of commercial space
added in this zone. The requirement for 500 additional square
feet is two parking spaces. Perhaps a case can be made in front
of the Board of Adjustment to waive that requirement. The
appropriate body, the Board of Adjustment, waives the requirement.
Hunt asked if the parking area used by skiers during the day can
be used by patrons of the Chart House during the evening. To
require two additional spaces in inappropriate. penne recommended
send this message to the Board of Adjustment. But, the Commission
cannot vary the parking requirement. Hunt agreed to approve the
request with the parking condition and a resolution for the Board
of Adjustment expressing the Commission 's posi tion on parking.
Engineering should also submit its position. The proposed
parking solution is poor, especially, given the excess parking
adjacent to the property during the restaurant's hours of opera-
tion. White concurred with Hunt. Anticipate the lodge. And, study
the area before requiring the Chart House to provide two parking
spaces. Parking is adjacent to the restaurant. Do not compound
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RECORD OF PROCEEDINGS
Reaular Meetina Plannina and Zonina Commission Februarv 5. 1985
Dean Street.
Wells explained there are immediate internal problems, inadequate
toilet rooms, the three levels, etc. The applicant wants to re-
organize the internal space. Mechanically and electrically the
. situation is a mess. He argued the site is underutilized,
especially, with the projected growth intensity of use of the
area. The Chart House may rebuild in ten years. The 500 square
feet is a remedial step before remodeling. He cited the Hotel
Jerome approvals. Gilmore obligated himself to sixty stalls in
the some-day parking garage. Consider a letter of agreement
stating if and when the city wants the two stalls, the Chart House
shall provide the stalls. The design and the impact on Dean
Street are separate from the Chart House.
Anderson opened the public hearing. There was no public comment.
He closed the public hearing.
Motion:
Roger Hunt moved to approve special review for the purpose of a
GMP exempti~n for the expansion of the Chart House Restaurant by
not more than 500 square feet and for an expan?ion of the existing
conditional use permit with the following conditions:
1. Two parking spaces shown on al ternative n be instituted
for technical purposes of this approval.
2. The appl icant must further apply to the Board of
Adjustment for the removal of that requirement. This
variance is recommended by the Commission. The purpose
is to improve Dean Street use given future building in
the area. Engineering and the Commission are co-
applicants wi th the Chart House for this request. Excess
parking is available in the immediate area.
Seconded by David White. All in favor; motion carried.
PUBLIC HEARING
MUNICIPAL CODE AMENDMENT: STREAMLINING OF REVIEW PROCESS
Richman said Council initiated a code amendment during its SPA
review. Two issues were raised during the SPA public hearings.
First, what comes first, the ability to build or the proper
zoning to build. During the Little Nell application, in 198J, the
planning office argued the applicant should be properly zoned and
the entire Little Nell parcel should be zoned SPA before the
submission of a land use application for any of its parcels.
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_,ISELOAD SUMMARY SHEET
City of Aspen
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CASE NO.
STAFF:
PROJECT NAME: . d}orf lkuSt J!)Pf.l.,& ftlJ/~.JI) !CQ...9.;{..Jl....l
APPL I CANT :..1"ht. CItArl Um.c.....t... .. . .
Applicant Address~one~ ..
REPRESENTATIVE:~
Representative Address/Phone: ....3.L~S' 9. MiO-s.t.
V~c.?.
~~. '7f11
Type of Application:
1. GlIP/SUBDIV IS IOll/PUD (4 Etep)
Conceptual Submission
Preliminary Plat
Final Plat
($2,730.00)
($1,640.00)
($ 820.00)
II. SUBDIV IS ION/PUD (4 step)
Conceptual Submission
l>reliminary Ple.t
Fi nal PI at
($1,900.00)
($1,220.00)
($ 820.00)
($I,490.00)
III. EXCEPTION/EXEI.jPTIOn/REZOUNG (2 step)
~ TIT.
SPECIAL RW IE\'1 (1 step)
( $
&.0" f'ln, -I
-.I........ .v\', V
}Co Special Reviel'l
Use Determination
. Condi ti onal Use
Other:
-----------------------.----------------------------------------------
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P&Z CC I.\EETING DATE: '\'e...~ '5" PUBLIC HEA~~G: @NO
. DATE REFERRED: J/1J<6~<" "INITIALS: T,
=====~=========================================== -==================
R7RALS:
~ City Atty ____ Aspen Consolo S.D. School District
~ City Engineer ____ Iltn. Bell ____ Rocky Iltn. Nat. Gas
____ Housing Dir. ____ Parks Dept. ____ StateHwyDept (GlelNld)
Aspen l'later ____ Holy Cross Electri c ----r StateH~1Y Dept (Gr. Jtn)
Ci ty Electri c Fire Ilar shall v Blog: Zoni ng/Inspectn
Engi nee r
~Uilaing Dept.
Other: Other:
FILE STATUS AND LOCATIOn: (~ flu.
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DISPOSITION:
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C Aspen
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.teviewed by:
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Ci ty. council
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Transamencr ,
Title Insurance Services
if
Transamerica -,
Title Insurance Campa,'~
}5ZaIDl9l~ .....",
~~~ 601 E. Hopkins
Aspen, Colorado 81611
(303) 925-1766
f7-Z
THE CITY OF ASPEN
130 SOUTH GALENA
ASPEN, CO. 81611
ATTN: PLANNING & ZONING
ENCLOSED IS THE LIST OF OWNERS WITHIN 300 FEET OF THE CHART HOUSE RESTAURANT, LOCATED
ON LOTS 7, 8 and 9, BLOCK 3, E&~ES ADDITION T01HE CITY AND TOWNSITE OF ASPEN.
LOTS A & B, BLOCK 77, CITY AND TOWNSITE OF ASPEN
OWNER: AUGUSTA & MARY HALLUM
410 SOUTH ASPEN ST.
ASPEN, CO. 81611
LOTS C THROUGH I, inclusive, BLOCK 77, CITY AND TOWNSITE OF ASPEN
OWNER: LEROY PAAS
228 E. COOPER
ASPEN, CO. 81611
LOTS K THROUGH 0, incl-
Co
77, CITY AND TOWNSITE OF ASPEN
OWNER: RICHARD & HELEN SABBATINI
C/O HOLLAND & HART
600 E. MAIN ST.
ASPEN, CO. 81611
LOTS P THROUGH S, inclusive, BLOCK 77, CITY AND TOWNSITE OF ASPEN
OWNER: ASPEN ~UiliOR LODGE, LTD.
411 SO. MONARCH ST.
ASPEN, CO. 81611
LOTS 9, 10, 11, 12 and 13, BLOCK 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN
AND LOTS A, B, C and D, BLOCK 84, CITY AND TOWNSITE OF ASPEN AND BLOCKS 2 & 3, CONNOR'S
'ADDITION
OWNER: HANS B. & JUNE CANTRUP
C/O SPENCER SCHIFFER EXC. OFFICER
P.O. BOX 388
ASPEN, CO. 81612
LOTS E THROUGH I, inclusive, BLOCK 84, CITY AND TOWNSITE OF ASPEN
OWNER: MOUNTAIN CHALET ENTERPRISES
333 EAST DURANT
ASPEN, CO. 81611
LIFT ONE CONDOMINIUMS
LIFT ONE CONDOMINIUM ASSOCIATION/THE ASPEN CLUB
131 E. DURANT, ASPEN, CO. 81611
----CONTINUED----
/'
OWNERS LIST CONTINUED:
(
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LOTS 4, 5, 6 and 7, BLOCK 8, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN
~
OWNER: JOHN & FRANK DOLINSEK
P.O. BOX 275
ASPEN, CO. 81612
ALL OF BLOCK 7, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN
ALL OF BLOCK 83, CITY AND TOWNSITE OF ASPEN
OWNER: THE CITY OF ASPEN
130 SO. GALENA ST.
ASPEN, CO. 81611
LOTS R & S, BLOCK 70, CITY AND TOWNSITE OF ASPEN ANn LOTS 8 & 9, BLOCK 2, EAMES
ADDITION TO THE CITY AND TOWNSITE OF ASPEN
OWNER: HAYAN AL-ZAHID, TRUSTEE
CIO PINES LODGE
411 SOUTH ASPEN ST.
ASPEN, CO. 81611
THE ABOVE NAMES AND ADDRESSED WERE OBTAINED FROM THE RECORDS OF THE PITKIN COUNTY
TREASURER'S OFFICE ON JANUARY 18, 1985.
TRANSAMERICA TITLE INRURANCE COMPANY
/
.
HIGENS
UNTY OPERATIONS
PLEASE ALSO SEND NOTICE TO:
AZTEC CONDOMINIUM ASSOCIATION- 6 UNITS "'"L,;"I C" ~
"'), E:.&T DUR.\NT BoY: 13<6t:; --' 1)1>-"'- ~
ASPEN, CO. 81611
South Point Condominium Association
205 E. Durant, Box SP
Aspen, CO 81611
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THOMAS WELLS ASSOCIATES/ARCHITECTS
314 S. MILL 925-7817
ASPEN, COLORADO 81 &11
82-1&411021
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