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HomeMy WebLinkAboutlanduse case.boa.909-923 E Cooper Ave.016-84 -_....._._,.,..-,----,._".~.~..- NOTICE OF PUBLIC HEARING Case No. 84-16 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OmlERS AFFECTED BY THE REQUESTED ZONING OR USE VMU2\11CS DESCRIBED DELOT!: 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 Doard of Adjustment requesting authority for variance fro;n 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 vie\'is by letter, particularly if you have objection to such variance, as the Board of Adjust;nent 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 f0110lvs: Date and Time of Meetina: Date: Thursday, August 2~ 1984 Time: 4:00 p.I:!. OWner for Variance: Appellant for Variance: name: Address: C.M. Clark/Alexander Kaspar 300 \1. Bleeker }\,spen, CO 81611 Commerce Realty Corp. c/o Holland and Hart 600 E. [lain Street Aspen, CO 81611 Location or description of property: Location: 909-923 East Cooper Street Description: lots C,D,E,F and G, block 118, city of Aspen Variance Reauested: Property is located in the R/MF zone district. Section 24-3.4: area and bulk requirements. f.jaximum height in the R/IIF zone is 25 feet. Applicant appears to be requesting a 3 foot height variance to a maximum height of 28 feet. Duration of Variance: Temporary PerI[\anent -'L The Ci ty of Aspen Board of Adj ustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Barbara Norris, Deputy City Clerk ~ CI1Y Of 1\" f"[" . ~) , 'lj , 'LJ '.'; '..,,'..., . j ~ '- ~ ~ ;, I 1<1 V I) 7 J / j <j J- f r , 'p.I'" CASE 110. ..Kt./-/~ ~/o HOlland.& Hart, bvv .J:;. Mall! "-'L.,kspeFl, ('0 811 pATE June 29, 1984 ......-r----. , - Ai'PEtLA/IT Commerce Realt'y, Corp'. .------ . '$".' \",. ,0. . ADDRESS - . .'. ';' .," .. '. . ".~'," . . _PHONE ~-3476 . -.......... CW/[R C. M. Clark & Ale~ander Kaspar --. _ADDRESS 300 W. BleekerSt: ~spen, Colorado 81611 - . LQCRTION OF PRGPERTY Lots c, D, E, F and G, Block 118, City~f Aspen . ~ 909~923 East Cooper St." Aspen, Colorado .(Street. &. Number of Subdivision SH.., 3. Lot No.)- . BUilding Permit'Application and prints or any other pertinent ~ data must accompany this application, and will be made part of CASE /l0. . - . ' THE BOARD WILL RETURN THIS.APPLICATION IF IT DOrSNOT CONTAIN All THE FACTS IN QUESTION. . DES[RIPTIOil CF PROPOSED EXCEPTIOn SHmmlG JUSTIFJCATInns: Please. refer to the Variance' Request. and . Justifications for Variance attached.hereto ~ . . . '. . . . . 'Will you be~presented by couqsel ? ... Yes x No . SIG NED: (;;:~~/.-' j tJ-<~~~ _ , . pe 11 ant f<::>r Commerce Realty " CorPi , ,I - -' . _. rAdk..~ : 'Status '" ".. Signed. ~R:lIT ~EjECT(D " or:"iE2/.li.~DEClsrON .. ~OATE: 'LIeAlION F!lrD " DATE If HE^RING , . . PROVISIONS OF THE ZONING CRDINIUlC[ REQUIRING THE BUILDING INSPECTOR : . TO 'lOR,IARD TffIS APPll ATIDN TO THE BOARD OF- ADJU,'STNEllT AND, REASON -'" fJ.. ". I fOR NOT GRANTING: f- Co ~:J ',~ fL.R/>>tL F- ?~' cLo~ ! ' .' .., '>"" ' .,", " ' '. , , I , ~ ?If~ s, 'I ;Ckec "^'~ b~JU~,IV'l~ ,',' ' ! 1":'"7 r,..r ~ +~ \i-("" \;-?~ v,j s.f;-+: rg;p0~ " ' rc{ip'<y.q+'; ~ ~ ~ 0- 3&f &qlf~ +z,- I "~~L.P-1 ~~f.~" '. ",1 '. ~ "'- r f I "\ , . , , ";" ", ell ~. - SECRETMlY . . . ,~' '....... County of Pitkin ) ) S5. ) State of Colorado . ....-.---- ..-.,------- , ".--"'_.,--_.~.". AFFIDAVIT OF NOTICE BY rOST'ING Of A VARIANCE HEARING BEFORE THE CI'l'Y OF ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 2-22(c) of the Mu~icipal Code) The undersigned, being first duly sworn, deposes and says as follows: , ., I, L;-o~P/E (print name) 1. Lrt kE . , !:>eing or 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 19th day of July , 19 84 , to the ~ 1st day of August , 19~. (l<iust be posted for at least ten (10) full days before the hearing date). . APPLICANT subscr~d th~ I.l - 19a, by . WITNESS MY HAND &~D OFFICIAL SEAL. (.-rs7l ~.,'-fY\f? ~ ) ~d7.::~ ~Cu '<?/~'I( d- - d-- Uln:! tl /<C( 'I) 7-7p,r! 7-:tf~ brJ 111\~li~lilll~111 I' 1I1~1\1 . Ii ... ' July 26. )84 . ~. ,,' . 9~,-Jf " irt~I~I.\~IIIlI~~~\~\III'"" \\1111~\!\ 1 " ..' " """ IfM ,'" " .. " .,,' Aspen Board of Adjustment' Gentlemen. 1 The Old Hundred Condominiums ~ are located at 900 "ast Durant, across the " street and a short distance west of the property for which variance is requested. The Association is opposed to the 3 ft.hri~ht increase for the follmw~ng reaso~s. Any height increase would restrict the view of the mountains to the south and east from Old Hundred apartments and thus reduce their attractiveness and value. The higher the buildings along Aspen streets the more the residents and visitors are confined to urban canyons and denied the full daily enjoyment of the Roaring Fork valley. In general only variances that bene it the community in some way should be granted. and those that benefit only the owner by his !lleasure:or profit should be denied. I Ii d " ~ ~ .--' "'", ""' ~t/-/6 UTE CITY PLACE VARIANCE REQUEST AND JUSTIFICATIONS FOR VARIANCE Variance Request. Commerce Realty Corporation, developer of the Aspen Mountain Hotel, wishes to convert the Ute City Place proj- ect into an employee housing project containing twenty-two employee housing rental or sale units to meet part of the Hotel's employee housing requirement. A variance is requested to permit the building height of the Ute City Place to exceed the present 25 foot height limitation. When the previous development application for Ute City Place was approved, the project complied with the height limit in the zone district of 28 feet. Since that approval was granted, the height limit has been reduced to 25 feet. It is impossible to lower the building height without reducing the number of units. If the variance is granted the development will provide 22 employee housing rental or sale units on five City lots as part of the Aspen Mountain PUD employee housing requirement, with 100% of the building being devoted to empoloyee housing. If the variance is denied, the current owners will proceed with the development of 8 free market units and 14 employee units. Justifications for Variance. In 1981, the present owners of the real property, C. M. Clark and Alexander Kaspar, received a resi- dential GMP allocation for a proposal to construct 8 free market units and 14 employee units on the property. Subsequent to the granting of the allocation, the City granted conceptual and pre- liminary subdivision plat approval, preliminary exemption from GMP competition for the employee units and first reading approval of an ordinance to rezone the property from R/MF to R/MF/RBO thereby permitting the developer to receive the benefits of the Residential Bonus Overlay (an increase in the number of employee units) . Later in 1981, the City imposed a moratorium on projects in the R/MF zone district while considering zoning code amendments for the district. In September, 1981, however, the City granted Ute City Place an exemption from the moratorium and allowed the project, as originally proposed, to proceed with final develop- ment reviews. Final approvals, including approval of the Resi- dential Bonus Overlay, were granted by the City on September 28, 1981. Following final approvals, the previous applicants prepared and submitted for building permit review, plans and specifica- tions for the proposal. Because of some apparent confusion and miscommunication during the review process, however, a building permit was not obtained within the time frame specified in the growth management regulations. In February, 1984, the previous applicants requested and were granted by the City an additional period of 180 days to obtain a building permit from the Building Department. That extension terminates August 7, 1984. Mr. Clark and Mr. Kasper are preparing to proceed with the previously approved project and construct the 8 free market units and 14 employee units in the event that this revised application does not receive City approval, including the variance sought by this application. We believe it to be in the best interests of the City to vary the height limitation in order to permit the construction of the employee units. For comparison purposes, in addition to the conversion of the 8 free-market units included in the previously approved proj- ect to employee unit status, this application includes a reduction in floor area from approximately 20,417 square feet to fl/' /6 "" ....... "~ ,. 16,845 square feet (17.5%). Site open space has been increased from approximately 2,648 square feet (18%) to 3,422 square feet (23%). Based on the current method of calculating FAR, the FAR of the previous proposal was 1.34 as compared to 1.10 under the new proposal. Height remains at 28 feet, the same as under the previously approved project. In summary, when the previous application was approved, the project complied with the height limit in the zone district of 28 feet. Since that approval was granted the height limit was reduced to 25 feet. Since it is impossible to lower the builidng height further without reducing the number of units, thereby depriving the applicant and the City of needed price-restricted employee units, request is hereby made for a variance of 3 feet from the height limitation of 25 feet. Please see the attached revised site plans and elevations and detailed comparison of the revised apartment floor areas. -2- / , /i // I / ~' >....~.' :.~1 i 1.: : p.O, box 88 I Zip cocle 816111 phone Sos-sees-sela jack. m. vvalls arohitect aspen, colorado ftf~/p May 2, 1984- UTE CITY PLACE REVISED APARTI1~liT FLOOR AREAS ORIGHrAL BLDG. GARDEN LEVEL ------ 4 - 1 Bedrm. Apts. >>fPLOYEE lnTITS @ 818.4 S.F.ea. 2 - 1 Bedrm. Apts. @ 633.6 S.F.ea. FIRST FLOOR -----~- 2 - 2 Bedrm. Apts. EMPLOYEE UNITS @1135.2 S.F.ea. 4 - Studio Apts. o 567.6 S.F.ea. SECOND/THIRD ------- 2 - Studio Apts. FLOOR ll1PLOYEE IDlIRS @ 648 S.P.ea. 6 - 1 Bedrm. Apts. @ 1095.6 S.F.ea. 2 - 2 Bedrm. Apts. @ 1316.2 S.F.ea. TOTAL FLOOR AREA APARTT'!hl.TS m,LY 19,583.60 S.F. REVISED BLDG. 2 - 1 Bedrm. Apts. @ 684.8 S.F.ea. 2 - 1 Bedrm. Apts. @ 672.9 S.F.ea. 2 - 1 Bedrm. Apts. 0601.12 S.F.ea. 2 - 2 Bedrm. Apts. G 917.3 S.P.ea. 4 - Studio Apts. @ 452.7 S.P.ea. 2 - studio Apts. @ 519.7 S.P.ea. 4 - 1 Bedrm. Apts. '!i' 866.6 S.F.ea. 2 - 1 Bedrm. Apts @ 878.04 S.F.ea. 2 - 2 Bedrm. Apts. @ 1040.9 S.F.ea. 15,906.74 S.F. TOTAL ABOVE GRADE BUILDING FLOOR AREA AS PER G.M.P. APPLICATION IN 1980 ---------------------------- 15,876.5 S.F. REVISED ABOVE GRADE BUILDING FLOOR AREA ------------------------------------_ 12,924.5 S.P. I?tyP J-/f'-d p, "'_ 1>,1/. 'i'~-/~ pitkin cDunty 506 east main street aspen, colorado 81611 Board of Adjustments City of Aspen 130 South Galena Aspen, Colorado 81611 RE: Ute City Place Employee Housing Project Height Variance Dear Chairperson: Commerce Realty Corporation, developer of Aspen Mountain Hotel, has applied, pursuant to Section 2-22 of the Aspen Municipal Code, for a variance from the height limitations of the underlying zone district. The developer wishes to acquire the ute City Place Project situated at 909-923 East Cooper (Lot C, D, E, F and G, Block 118) and convert the project to a hundred percent employee housing sale or rental project. The project would reduce the size of the original ute City Place Project from 20,400 sq. ft. to 16,850 sq. ft. with a 28 ft. height. The developers application for a variance was presented to the Housing Authority Board on July 12, 1984. Charles T. Brandt, representative of the Commerce Realty Corporation requesting a letter of support the Housing Authority endorsing the variance application. The Housing Authority unanimously endorses the developers request for a variance from the height limitations of the underlying zoned district for the following reason: 1. The conversion of the mixed free market employee housing project to one hundred percent employee housing would be in the best interest of the community and consistent with the mandate of the Housing Authority to provide affordable housing for persons employed in Aspen and Pitkin County. 2. The units would be deed restricted to moderate employee guidelines for sale and rental units. 3. The requested variance would not reduce the unit count 22 units and would be in compliance with all appropriate building codes. Thank you, , Sinc y,) / /~ ~ ~??Z-~~:M:~d ~ James L. Adamski Director of Housing ~.J ,.) rtf-Ib ...-"'" ~"~ RBSOLU'UON OF 'l'BB ASPEN PLAHNING' AND ZONING COMMISSIOlll BRDORSING A REQUEST BEFORE THE BOARD OF ADJUSTMENT FOR A VARIANCE FROM 'l'BE APPLICABLE HEIGHT REQUIREMENT FOR THE CONSTRUCTION OF 'l'BE UTE CITY PLACE EMPLOYEE HOUSING PROJECT Resolution No. 8 (Series of 1984) , -'t WHBREAS, in 1981, C.M. Clark and Alexander Kaspar received: a residential GMP allocation and related li:lnl3 use approvals for the construction of a twenty-two (22) unit mixed free-market/employ;ee housing project known as Ute City Placer and WHEREAS, American Century Corporation, Commerce Savings Association, Alan R. Novak and Robert Callaway (hereinafter referred to as the "Applicants") have proposed to acquire and convert the Ute City Place project to a one hundred (100) percent deed-restricted employee housing proj ect in partial fulfillment of their employee housing commi tmE:nt for the Aspen Mountain PUDr and WHEREAS, the Aspen Planning and Zoning Commission (hereinafter referred to as the "Commission") has endorsed the Applicants' proposal and has forwarded its recommendations to the Aspen City Council, all as set forth in Resolution No.6, Series of 1984r and JfBBREAS, subsequent to the review and approval of the or iginal Ute City Place' project, the Commission did recommend and the City Council did amend the City I S land use regulations so as to reduce the -height limitation of the underlying zone district in which the project is located from twenty-eight feet (28') to twenty-five feet, (251) rand 'WHBREAS, the Applicants have indicated that it is impossible to lower the height of the original Ute City Place building without reducing the number of units contained thereinr and WHEREAS, the Applicants have applied, pursuant to Section 2- 22 of the Municipal Code, for a variance from the height limitation of the underlying zone district; and WHEREAS, C. M. Clark and Alexander Kaspar are prepared to proceed with the construction of the original Ute City Place project in the event that the proposed conversion does, not receive Council approval or the requested variance is denied 'by the Board of Adjustment. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission o () t'l-/(, '....... "..ll'" Resolution No. 84--lL- Page 2 of the City of Aspen~ Colorado, that it does hereby endorse the Appli- cants I request to the Board of Adj ustme!'lt f or a var iance f rom. the height limitation of the underlying zone district for the following reasons: :~. 3. The conversion of a mixed free-market/employee housi~g project to one hundred (100) percent-deed-restricted employee housing is in the best interests of the City. The conversion of the previously ~pproved project will result in a reduction in the footprint and overall floor area of the bu il ding and an increase in open space, both of which are in the best interest of the neighborhood. The reduction in the height limitation of the underlying zone district occurred subsequent to the approval of the original project., APPROVED by the Planning and Zoning Commission of the City of 1. 2. Aspen, Colorado, at their regular meeting on_ July 17, 1984. ASPEN PLANNING AND ZONING COMMISSION By ATTES'l : d~-t/? ~.., Barbara Norris, Deputy City Clerk .- , ... S q~fl b / Y Y4~/6 ASPEN TITLE COMPANY, LTD. 503 East Main Street Aspen, Colorado 81611 Title Report No. A84-l9l PROPERTY OWNERS ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY: LOTS C, D, E, F AND G, BLOCK 118, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PROPERTY OWNERS Lots P and Q, Block 118 The Brass Bed Associates 926 East Durant Avenue Aspen, Colorado 81611 Lot B, Block 118 Glenn Eugene Law Box 2537 Aspen, Colorado 81612 Lot H, Block 118 William J. and Nancy E. Sheehan Box 571 Aspen, Colorado 81612 Lots M, Nand 0, Block 118 - Old Hundred Condominium 16 Units Old Hundred Condominium Association c/o Olaf Hedstrom, Secretary Box 4815 Aspen, Colorado 81612 Lots M, Nand 0, Block 35 Steven Craig Gordon and Sandra Diane Gordon 343 East Jefferson Boulevard Los Angeles, California 90011 Lots P and Q, Block 35 Dolores Courshon 301 Arthur Godfrey Road Miami Beach, Florida 33140 Dated: June 9, 1984 ASPEN TITLE COMPANY, LTD. /' ...- "----;2 h Gra'lrt Crenshaw -e c '- ~ ~-~-.........' 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