HomeMy WebLinkAboutlanduse case.boa.415ehyman.015-83
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NOTICE OF PUBLIC HEARING
Case No. 83-15
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOH:
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, Colo-
rado, (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.
yo~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:
Date:
Time:
Thursday,- September 8, 1983
4:00 P.M.
Name and address of Applicant for Variance:
Name: Roaring Fork Limited Partnership
Address: 415 E. Hyman, Ste. 201
Aspen, CO
Location or description of property:
Location: 415 E. Hyman
Description: Block 89, Lot E and part of Lot D
Variance Requested: Subject property is in the CC Zone. Existing building is non-conforming
in regards to FAR, which it already exceeds, Area & Bulk (Sec. 24-8.13(10). Sec. 24-13..3 No
such non-conforming structure may be enlarged or altered in a way which increases it's non-
conformity. Applicant appears to be asking to cover a walk area which would increase their
F .A.R. by an unspecified amount.
Duration of Variance: (Please cross out one)
1~~r~/ Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY Remo Lavagnino, Chairman
Sally B. Hanes,.Deputy City Clerk
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APrU\ TO .nOAfW or zorWJG I\DJU~ rj;un RECEIVED AUG I 01983
CITY OF ASPErl \ \ '.o~)~~ ' .
DATE. B_A<J~uS1' {qf67 i' ..... . CASE NO. 6;}{ - J-5~
AP~ELLANT _~ n,1?1i- '...).fi1B:(.:pAlt~bDRESS 4115' e. >>"/;.iMJ o'su-a::. U')/
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OWNER ~A+tE:- ADDRESS 'SA'NtC..-
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Building Permit' Application and prints or any other pertinent
data must accompany this application, and will be made part of
CASE NO.
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THE BOARD WILL RETURN THIS,APPLICATION IF IT DOES NOT CONTAIN
All THE FACTS IN QUESTiON.
DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATImlS:
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SIGNED: f. nJdJ/ . . L...---
. Appet:l ant .
'Will you be represented by couqsel
PROViSIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
. TO FORflARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
~OR NOT GRANTING,: ~'f& ~~l:, v-.:...~ c;.-c- 2.oNe. 'f.1M~ ~ .
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PERMIT REJECTED, DATE
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APPLICATION FILED
HAILED
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- SECRETARY
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MEMORANDUM
TO: Aspen Board of Adjustment
FROM: Welton Anderson, Architect
RE: Variance request to roof alleyway between Roaring Fork Building and Paragon.
DATE: August 4, 1983
Ever since the Roaring Fork Building was built in 1972 the "alleyway" between it and
the Paragon Building has been an ever increasing problem. Planners then insisted on
it as part of a "mid-block" pedestrian system, invisioning, I imagine, scenic alleys
and someway of penetrating the Red Onion buildings, neither which has happened.
Instead this alleyway only collects vast amounts of snow every winter requiring constant
removal, non-stop leaking into spaces below due to improper drainage and frozen pipes,
a severe wind tunnel effect in the arcade below, and most problematic: vandalism.
At night, the stairways and elevator hall have become public urinals and convenient drug
taking places despite frequent police patrols.
VARIANCE CRITERIA: The granting of a variance to roof over the rest of this alleyway
and provide secure entries at either end to solve these problems is justified by each
of the four criteria outlined as valid in Sec. 2-22(d) of the code:
1. "The special conditions and circumstances do not result from the actions of the
applicant", but from over-eager city planners trying to implement what seemed to
be a good idea then even though there was a solid wall of buildings on the other
side of the alley.
2. "That special ...circumstances apply to the subject property that do not apply
similiarly to other properties in the same vicinity..." is evident. It is a
10 foot wide slot between two 40~foot tall buildings plagued with maintena~ce-and
security problems never imagined when it was planned and designed.
3. "That the granting of a variance is essential to the enjoyment of a substantial
property right enjoyed by other properties...but denied subject property because
of the special conditions..." is applicable because a well intentioned planning
requirement and its proximity to popular nightspots have generated problems
unlike any other building's in Aspen.
4. "That the granting of a variance will not adversely affect the general purpose of
of the comprehensive general plan" is valid because mid-block pedestrian links were
never adopted as part any approved plan, it just seemed a good idea at the time.
PROPOSAL: Currently about 20 feet of the alleyway is roofed, over the stairways to
the Sou per and to the North office stairs. The applicant proposes to roof over the
remaining 80 feet below the existing 2nd floor windows of both buildings and sloped to
drain into existing building drains no mat~er what. Skylights and/or clerestories will
provide natural light. A glass and anodized metal entry door and sidelight will be
installed where the alleyway narrows,~20 feet from from the mall facade. On the alley
2 fire-rated doors in a fire-rated wall will be provided, one for the lower arcade
stair and one for the offices and restaurant above.
Because enclosing the alleyway will in no way change its use(it will still be open
to any of the public wishing a shortcut to the alley by day), and will greatly reduce
a public nuisance, and resolve the snow removal and leaking problems the building
owner has lived with for 11 years, and because this request meets all four of the
criteria considered valid for the granting of a variance, the apolicant respectfully
asks the Board to consider and approve this application for a variance.
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List of adjoin1ng properties:
Uncle Willy's Spirit House
413 E. Hyman
Aspen, Co. 81611
Ted Koutsoubos/Paragon
419 E. Hyman
Aspen, Co. 81611
Roaring Fork Arms Condominium Association
419 E. Hyman
Aspen, Co. 81611
George Vi cenzi
Box 2238
Aspen, Co. 81612
Walter F. Hampel
Box 1034
Aspen, Co. 81611
Ferguson
6210 North Central Expressway
Dallas, Texas 75206
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RECORD OF PROCEEDINGS
100 Leaves
fORM'~ C. F. HrlrcKH B. a. I; l. C,).
Regular Meeting
BOARD OF ZONING ADJUSTMENTS
September S,1983
Meeting was called to order by acting Chairman Charles Paterson, with members
Josephine Mann, John Herz, and FredrickHead present.
Since there were only 4 board members present, Chairman Paterson addressed the
applicants, saying that the applicants have the right to postpone or table their
applications until the next meeting, as they must have 4 positive votes to be
approved and they would therefore require all 4 members present to vote for
approval at this meeting. All applicants declined to postpone.
JOHN HOLLINGER
Assistant City Attorney Gary Esary stated that in his opinion, Mr. Hollinger
cannot be seated on the Board of Adjustments, due to the fact that he is a
Canadian citizen, and under the Charter one must be an American citizen to be
seated on the Board of Adjustments.
CASE #83-15 - ROARING FORK LTD. PARTNERSHIP
Welton Anderson, representing the Roaring Fork Ltd. ptnshp., presented the photo,
affidavit and notice of public hearing sign from the building, along with photos
of the area of the building the variance is requested for, and mechanical drawings
of the proposed changes. He began his presentation by reviewing the original
plans for this alley-way, saying that the planning office had wanted to have a
pedestrian link through the building, but the link doesn't go anywhere but the
alley. In the intervening 10 years since the building was built, there have been
continuous problems with vandalism, such as the area being used as a public
urinal or for drug transactions or drug use. Also, he said, the floor deck was
improperly installed, requiring frequent re-flooring and maintenance. Also, the
floor is sloped away from the floor drain, so water drains down into the arcade
below. By securing both ends of the link, leaving it open during the daytime,
and roofing over the top at a height of about 10', the use will remain the same,
which is access to stairwells at the other end of the building, but will solve
the problems which are a nuisance to the community and a headache to the owner.
Tom Dickerson, of the Roaring Fork Ltd. ptnshp., added that John Goodwin of the
Aspen Police Dept. volunteered to testify before the Board about the problems
that exist, and the number of calls the Police have had to respond to, and the
number of arrests that occur in the area.
Paterson asked Dickerson if there were any kind of lighting provided, to which
Dickerson responded yes, but that there is an area by the elevator where you
still could not be seen from the front, and also the stairways also blocked the
view from the street.
Head asked what the Planners had in mind when they set up this mid-block alley.
Anderson replied that it was part of an over-all scheme that never went anywhere,
to make pedestrian links through the middle of town. Herz asked if the Board
had granted a variance for something in this location a few years ago. Anderson
replied that yes, they had granted a variance to roof over .the 20' closest to the
mall. Dickerson added that the roofing had helped immensely with some of the
problems, but it is the remainder of that area that is giving problems now. He
continued by saying that snow freezes on the steps, creating a hazard, and it
doesn't thaw until May.
Alan Richman from the City Planning office asked to mention a couple of points
Kegarding this variance request. The first was that this variance had to do with
FAR, and that there is also a question regarding open space requirements, which
would be altered by any action of the Board. The second point was just for the
record, but that Planning would have to make a determination on a question of
Growth Management exemption here, which would have to be heard by the Planning
and Zoning~mmission. He reiterated that he was not supporting or condemning the
proposed plan, but just saying that there would probably have to be a subsequent
step in the approval process.
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CASE *83-15 - ROARING FORK LTD. PARTNERSHIP - CONT'D.
Head asked Dickerson if they had any plans for future use of the space as commer-
cial uses. Dickerson replied no, it would all remain as open space, for access
only.
Gary Esary stated that from an enforcement point of view, this variance would be
best handled through a written and recorded permit, detailing that the FAR
variance is only for the purpose as stated, and there could be no commercial
expansion into that space.
Paterson then closed the public portion of the hearing for discussion among the
Board members. Rick Head begins the discussion by stating that he is very much
in favor of granting this variance, due to the problems of snow removal and the
illicit activities, and that he thinks it is an eyesore and would approve of
anything that would help. He asked the members if the reasons the applicants had
presented constitute a hardship or practical difficulty, and said he believes that
they do.
Josephine Mann also said she is in favor of granting the variance based on health,
safety and welfare reasons. John Herz concurred with Head and Mann. Paterson
also agreed with the other board members.
Gary Esary suggested that the applicant amend their application to include a
variance of open space requirements, if any. Welton Anderson then requested that
the application be amended to include a variance of open space requirements, if
any, to the extent necessary to achieve approval of the application.
Josephine Mann made a motion that this variance, as amended, be granted, that the
special conditions and circumstances do not result from actions of the applicant,
that there is a hardship and special condition which makes it necessary for healtt
safety and welfare reasons, and that the Board requires that this variance be in
the form of a written permit which states the purposes of this variances, so that
no further expansion will be permitted.
Rick Head seconded the motion. Gary Esary asked that the City Attorney have
approval of the permit as to form, and also authorizing the Chairman or acting
Chairman to execute the permit.
Mann agreed and added that condition, which was seconded by Rick Head. Roll call
vote as follows: Charles Paterson - Aye; Josephine Mann - Aye; John Herz - Aye;
Frederick Head - Aye; Motion carried. Variance is granted.
CASE *83-16 - BILL GRAHAM
Case #83-16 was tabled until the meeting of Board of Zoning Adjustments meeting
scheduled for September 22, 1983, due to the fact that the applicant had not
posted the notice sign for the required 10 days prior to the hearing date.
Rick Head made a motion to table the hearing of Case #83-16 until the September
22, 1983 meeting, John Herz seconded the motion, all members voted in favor and
the motion carried.
CASE #83-17 - OLIVE TRESCOTT
The variance requested was for a car port, requiring a zero lot line, or 5' rear
yard set-back variance, and a 3' side yard set-back variance. Also included is
a 1.4' side yard set-back variance for an air-lock entry.
Applicant began by presenting the Notification sign, affidavit and photograph
to the,Board. Applicant (Trescott) then stated that she would be removing an
encroach~ng structure, and providing off-street parking. She said that in re-
ference to Section 22-D.l,2,3, &4, that the special conditions do not result from
her actions. She stated that the house had been built in the 1890's, before the
regulations applied, and is situated on the lot in such a way that she must obtain
a variance to build the carport. Other properties in that neighborhood have zero
lot line garages, etc. She believed, therefore, that this was not an unusual
request. She then presented drawings of the proposed structure on the lot to the
members (see Case file) and all discussed the alternatives to locating the carport
on the lot as applicant had placed it. Mann commented that applicant is re-
questing variances for the side yard set-back, the rear yard set-back, distance
from existing building, and for an air-lock, which totals four variances. She
continued by saying that in that area the buildings are already so close together,
and non-conforming, and that the Board would require some very good reasons, in
other words a hardship or practical difficulty other than convenience, financial
or aesthetic reasons, to grant these variances.
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AGE N D A
BOARD OF ZONING ADJUSTMENTS
SEPTEMBER 8, 1983
CITY COUNCIL CHAMBERS
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4:00 P. M.
I. Minutes
II. #83-15 / Roaring Fork Ltd. Partnership G'--.Ff'R ~
#83-16 I Bill Graham ii\'Z\...'<...D
#83-17 / Olive H. 'l'rescott ~ff>62\.J.J.)
III. Adjourn
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RECORD OF PROCEEDINGS
1 00 Leaves
'OR'" 'I c.,. HOHKfL~.~. /I l. co.
Regular Meeting
BOARD OF ZONING ADJUSTMENTS
July 21, 1983
Chairman Remo Lavagnino called the meeting to order at 4:00 P.M. with members Charles Paterson,
Josephine Mann, Francis Whitaker and Richard Head present.
Case 1183-7
WESTERLlND
728 E. HOPKINS
ASPEN, CO
Property is located in the "0" office zoning category. Side-yard setback is
5 feet. Front yard setback is 10 feet. Section 24-3.4 east wall of house
is currently encroaching in the sideyard setback. Section 24-13.3(a), no
such non-conforming structure may be enlarged or altered in any way which
increases the non-conformity.
The Hopkins St. side is 6-2/3 feet. The Original St. side is 10 feet. 'Bill
Drueding from the Building Dept. stated this before the Board. Front yard
would be Original St.
The house is encroaching into the setback. Applicant is asking for addi-
tional 18 inches, which is a further encroachment and'a non-conforming
structure.
Lavagnino reads from the Municipal Code: "On a lot bordered on two sides
by an intersection of streets, the OWller shall have a choice as to which
yard shall be considered the front yard. Such yard to meet minimum set-
backs for front yard in that district. Remaining yard bordering street
may be reduced by 1/3 of the required front yard setback distance for the
district.1t
Westerlind makes his presentation before the Board. He said that they
wish to match the three (3) remaining windows with egress windows. The
windows would be the same size as the existing windows. The opening of
the window would be enlarged. This would not change the footprint of the
building at all. Rather than remodel, they would like the windows to all
look alike. The existing window was put in 4 to 5 years ago with a buil-
ding permit.
Whitaker said he recalled that Westerlind was putting in a second-story
on top of an existing structure and was given a variance by the Board of
Adjustu~nts to come up with that same setback as the original one-story
building. The Board of Zoning Adjustments did not give a variance because
Westerlind did not need one, Clayton Meyring had issued a permit at that
time. It was a matter of Westerlind's right to have the bay window at that
time. Whitaker said that he wanted to see if there was any relationship
between the variance that the Board of Adjustments granted and the con-
struction of the bay window. The Board, and Westerlind replied no.
Lavagnino told Westerlind that the variance has to be based on some hard-
ship or practical difficulty that the applicant could present before the
Board in order to allow the Board to grant a variance. Lavagnino added
'that the applicant has not presented that to the Board and so far it sounds
like a matter of aesthetics.
Bill Drueding stated that yard is adjacent to an arterial roadway (meaning
a major roadway like Hwy. 82), a lot bordered by designated arterial road-
way. The minimum front yard setback distance for the district shall be
applied to the portion of the lot adjacent to the arterial roadway.
Drueding added that the minimum front yard setback is 10 feet, so it has to
be 10 feet illustrated on the map.
Lavagnino asked the Board if they had any questions or comments.
Mann said that she wanted to make sure it was clear, that the mentioned
room is used sometimes as a bedroom and it does not have an egress window.
Westerlind replied no. He also added that it has a legal access window of
28 inches wide. He would like to put them in both bedrooms, one i~ used
as a study primarily, and as a bedroom on occasion.
I-,'hitaker asked since the 2 windows, the existing one and the new.one, look
identical, is there any reason why app1"icant couldn't provide the legal
access through the existing window. Westerlind responded no.
CASE 1183-7
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Paterson then asked if another window provide the legal access that
doesn't fall into the setback. Lavignino replies that this is really a
matter of matching up the windows. The reason for a projection usually
has to do with health, safety, welfare and fire hazard to encroaching buil-
dings. The fact that the applicant's house borders on a corner that won't
be affected by close neighbors and adjoining properties negates the intent
of the arterial setback. That arterial set-back is more for new construc-
tion and new areas, and is not really applicable in older areas. He added
that if the applicant would re-word his application in such a way to take
in those considerations, he would be amenable to granting this variance.
The applicant's house is not in the middle of a block where there would be
hazards to safety and health. It is on the roadway, and the reason for that
setback in the first place is to make the arterial look open and airy.
"
Herz asked if it wasn't to make the turn in the street safe. Lavagnino
replied no, not in that particular area, because the other houses in that
vicinity and zone along that arterial highway also encroach close to the
street. Head added that this bay window wouldn't reduce anyone's visibility,
Paterson added that if it were a floor to ceiling cornice, it would be a
different story, than having a bay set back from the corner, and that he
thought the Board could consider it based on the uniqueness of the circum-
stances.
Whitaker addresses Chairman Lavagnino, quoting from the draft procedure:
"The Board must make two separate findigs to grant a variance. First, the
Board must find that the applicant has practical difficulties or unnecessary
hardship in his or her case that would make the application of the strict
letter of the zoning laws an injustice. The terms practical difficulties
and unnecessary hardship mean more than the applicant's mere desire, con-
venience or preference. It is not enough to merely state the difficulties
and hardships of the present. The applicant must present facts to prove
such difficulties and hardships. The Board rarely finds practical diffi-
culties or unnecessary hardships when the applicant's appeal is a matter of
aesthetics or design or economics, or if a reasonable legal alternative is
available". Whitaker then directed his comments to the applicant, saying
,the Board is charged with certain responsibilities, and has certain stan-
dards and regulations that they have to go by and that he felt the request
was a matter of convenience and design. The applicant must present the
fact that there is a practical difficulty and hardship, and no reasonable
legal alternative. And he felt that since the applicant chooses to use
the Original St. side as the front yard, he was 7 '-8" into the setback
already.
Westerlind said he thought he was forced to use that side as the front yard
but Bill Drueding said he was forced to have a 10' setback, and if he chose
to stay with the Hopkins St. side he would be forced to have a 10' setback
there also.
Whitaker stated that he thought it really came down to the fact that the
applicant wanted to make the windows match, and that he could provide the
legal egress in another way.
Lavignino asked for any other questions or comments, then closed the public
portion of the meeting.
Head comments that he thought Whitaker's words well taken, but that he would
like to see this request approved if there were some way of wording it. But
he agreed with Whitaker in that there was no justification presented.
Paterson comments that though there wasn't very much requested in the varianc,
the Board cannot make a decision based on aesthetics and the applicant had
not presented any evidence of practical difficulties or hardships. He felt
that, they would not be able to re-word the application to make any difference
Mann said she also thought it was a small variance requ'est, and it would be
nice to just say yes, but since there was no basis for the Board, she didn't
see how the Board could grant it.
Herz said that he agreed with everyone else, that he would like to grant this
request, that it would be nice if they could give a little bit on minor
things like this. Lavignino replied 'that the majority of houses stayed
within the law. Herz said that it doesn't make sense, since there was
already another window in there that the City had granted. Bill Drueding
said that first window shouldn't have been granted, but that the City can't
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RECORD OF PROCEEDINGS
100 Leaves
FORM ',1 c. f. ...nfCKr~ a. 8. ~ t. <':3.
I REGULAR MEETING
BOARD OF'ZONING ADJUSTMENTS
July 21, 1983
CASE 1183-7
CONTINUED
make him take it out now.
Lavagnino then asked the applicant if he had any suggestions, or changes in
wording that might make the application more palatable to the Board.
Westerlind replied he didn't think he could be that persuasive. Head asked
how they worded the motion made to allow new construction on some Victorians
within the 5' setback. Lavagnino said he didn't recall how they had worded
it. Whitaker said the reason was partly that they ~ere in the Historic
Preservation District. Head then said that this house, although it was
an 1880's house, did not have any designation.
Whitaker commented that what the Bo&rd applies to this applicant it must
then apply to every applicant that comes in with a request. Lavagnino
said that he feels this goes to the intent of the arterial setback, and in
a town such as Aspen with a potpourri of homes, all with different setbacks,
that the circumstances of the older homes were all unique, and that the
intent o~ the arterial setbacks had already been abused by all the other
homes in that district, so that maybe was a consideration to take in when
deciding whether or not to grant the variance. He continued by saying
that another reason for the setbacks was the very real fire hazard, health
and safety factors, and that since this house was on a corner and would
therefore not be affected by those factors, he might be inclined to grant
the variance.
Whitaker then said if the Board looks at the whole piece of property, the
Board granted a setback variance on the alley because there was an adequate
setback on Original St. at that time. Now, if Original becomes the front
yard, the two-story garage/shop is in violation of the sideyard setback.
Lavagnino directed his comments to the applicant, saying that what Whitaker
is saying is that the applicant was already allowed to exercise his rights
on that property to the fullest extent, and had not been denied any
property rights enjoyed by others, and that this variance request was really
a matter of convenience. He concluded by saying that the Board must be
honest with their guidelines, and it would be very difficult to grant that
kind of variance.
b
Lavignino asked to entertain a motion on the disposition of Case #83-7.
Whitaker made a motion that the variance be denied on the grounds of no
practical difficulty or unnecessary hardships. Mann seconds the motion.
Lavignino asks for any discussion, then asked the Secretary for a roll-
call vote. Secretary calls the roll: Josephine Mann - Aye; Rick Head
does not vote; Francis Whitaker - Aye; Charles Paterson - Aye; Rick Herz -
Aye; Chairman Lavignino - Aye. Motion carried, variance is denied.
Chairman Lavagnino directs the applicant to amend his application before
presenting to the Board again.
Lavignino then brings up the next item on the agenda, which was the new
alternate member on the Board of Zoning Adjustments. A question arose
as to whether or not John Hollinger was qualified to be a Board member,
based on his residency. Lavignino directed the Secretary to investigate
the requirements and Hollinger's status and report to the Board.
Lavagnino then directed all the Board members to read the draft of the
affidavit prepared by Gary Essary and discuss it at the next meeting.
He then asked for a motion to adjourn. Paterson made the motion to adjourn
the meeting, seconded by Herz, meeting adjourned.
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NOTICE OF PUBLIC HEARING
Case No. 83-17
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTHENT
TO ALL PROPERTY OWNERS AFFECTED BY TIm REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOH:
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, Colo-
rado, (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 f~om 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..
yorrviews 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 Ovffiers 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:
Date: Thursday, September 8, 1983
Time: 4:00 P.M:
Name and address of Applicant for Variance:
Name: olive H. Trescott
Address: 129 W. Bleeker St.
Aspen, CO
Location or description of property:
Location: 129 W. Bleeker St.
Description: Block 58, Lot B and West IS' of Lot C
Variance Request~d: Se<;:tion 24-8.13 Area & Bulk Requirements. Applicant appears
to be requestmg varlance for a car port. A zero lot line or 5 ft. rear yard
and, a 3 ft. side yard variance. The airlock will require a 1. 4 ft. side yard
varlance.
Duration of Variance: (Please cross out one)
T~Qt~ Pe~imanent
TIm CITY OF ASPEN BOARD OF ADJUSTHENT
BY RenD Lavignino, Chairman
Sally B. Hanes, Deputy City Clerk
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CCITY OF ASPEll
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RC,E,IVE,O t>.UG ~ t. ,.1_
CASE NO =*<63 ./7
ADDRESS \ J-..<1 W' Bi~ .Sf-
PHONE C\)..~'-'18-S-).
DATE ~O INJr J L/ l.t{1<2. .' , i"':' ......".
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.:APPELLA/IT ~ H. l"MSC~
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Ltc,
lot No.
. LOCATION OF PROPERTY
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B u i 1 din 9 P;e rm it' A P P 1 i cat ion and p ri n t S 0 ran y at h e.r . per tin e n t
. data must accompany this application, and will be made part of
"
,CASE NO.
. .
.
,'THE BOARD WILL RETURN THIS,APPLICATIONIF IT DOES NOT CONTAIN
A~r THE FACTS IN QUESTION.
-
DEStlIPTIOi-l OF PROPOSED EXCEPTION SHOHING JUSTIFICATIOnS;
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'Will you be represented by cou~sel ? Yes
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SIGNED: ,
. Appell ant
PROVISIONS OF THE ZONING ORDInANCE REQUIRING THE BUILDING INSPECTOR
'TO n,R~IARD THIS APPLICATION TO THE BO,ARD OF ADJUSHI.UlT AND. REASON - ()0.' .
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CITY OF~~'ASPEN
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130,south galena s~reet
asp en, co lor a d 08'1611
'303-925 -2,020
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AGENDA
BOARD OF ZONING ADJUSTMENTS
SEPTEMBER 8, 1983
CITY COUNCIL CHAMBERS
4:00 P. M.
t'
I. Minutes
II. #83-15 / Roaring Fork Ltd. Partnership
#83-16 / Bill Graham
#83-17 / Olive H. Trescott
III. Adjourn
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NOTICE OF PUBLIC HEARING
Case No. 83 -16
BEFORE THE CITY OF ASPEN BOARD OF ADJUSnlENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOH:
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, Colo-
rado, (or at such other place as the meeting may be then adjourned) to
consider an application filed with the said Board of Adjustlnent 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,
yo~ vie,vs by letter, particularly if you have obj.ection 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:
Date:
Time:
Thursday, September 8, 1983
4:00 P'.M.
Name and addr.ess of Applicant for Variance:
Name: Bill Graham
Address: 220 Smuggler Ct.
Location or descr.iption of property:
Location: 220 Smuggler Ct.
Descriotion:
.
Variance Requested: MJbile Heme is non-conforming. Sec. 14-6 (11) (!;i) standard mobile
nanes must be ANSI qualified. No such non-conforming structure may be enlarged or altered
in a way that increases its non-conformity (Sec. 24-13.3).. Applicant is askmg to add a
roof and porch to a mobile heme that does not meet the minimum standards in the MHP code.
Sec. 14-6 (11) (b) New standards for existing MHP states no alterations of non-ANSI qualified
units. ' '
Duration of Variance: (Please cross out one)
'J:I:irt.pr/Jt/<frIy
Permanent
THE CITY OF ASPEN BOARD OF ADJUSnlENT
BY Remo Lavagnino, Chairman
Sally B. Hanes, l)eputy City Clerk
. .
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APrEAL)O DOtllID or ZOfWJG I\DJU::; rr:r.\Jf F,ECEIVEO AUG I 0 1983
CITY OF ASPEr! ' ;\V~\'J~\
CASE NO. \.tB3L/6.'
ADDRESS [<")'1 '!0'\-'~=-,l~;I/);'/A--Rl(-!!
PHONE ',:"'..':: ,,": t':.;, ~)() wm.k~(;<.:,:' 4~-(-1
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DATE .' , i',' ',','
AP~E'LLANT .IS,,) I' hyP/" I:, ~(n~X
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, lOCATION OF PROPERTY ;J,.:~ ()
.-:
lStree~ & Number of Subdivision Blk. & 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,APP(ICATION' IF IT DOES NOT CONTAIN
All THE FACTS IN QUESTION.
,
DESCRIPTIOn OF PROPOSED EXCEPTION SHOHING JUSTIFICATImlS:
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'Will you be represented by coul)sel ? Yes NO-::Z-p IVC;;~-o~-d
. " SIGNED:, ' v-
. Appellant '
PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
'TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMfNT AND REASON
FOR NOT GRANTING: \l\A-~ tA.~:.o ~-C--(jIA.~ . ~ /If-{,.(1I)(b)S'~
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PER~IT REjECTED, DATE "~~Q!1 DECISION '~,....:.-..:DATE
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NOTICE OF PUBLIC HEARING
Case No. 83 -16
, . .
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTNENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOH: .
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, Colo-
rado, (cr 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 f~om 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..
yo~vie\~s 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 ~~hether 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:
Date:
Time:
Thursday> September 8, 1983
4:00 P.'.M.
RECEIVED AUG 3 0 ::::'3
Name and address of Ap~licant for Variance:
Name: Bill Graham
Address: 220 Smuggler Ct.
Location or descriotion of ~roperty:
Location: 220 Smuggler Ct.
Descriotion:
.
Variance Reque s ted: M:Jbile Hrnie is non-conforming. Sec. 14-6' (11) (0) standard IOClbile
!;lanes must be ~SI qualified. No such I;lon-conforming structure may be,enlarged or altered
m a way that lncreases lts non-confomuty (Sec. 24-13.3). Applicant lS asklng to add a
:roof and porch to a rrobile home that does not meet the minimum standards in the MHP code. '
Se<;:. 14-6(11) (b) New standards for existing MHP states no alterations of non-ANSI qualified
IllUts. ' '
Duration of Variance: (Please cross out one)
t,tI.i.pr/Jtt.irI'I
Permanent
TIIE CITY OF ASPEN BOARD OF ADJUSTHENT
BY Remo Lavagnino, Chairman
Sally B. Hanes, Oeputy City Clerk
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CITY OF"ASPEN
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130'south galena street
asp en, co lor ado 81611
'303-9.25 ~.2020
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AGE N D A
BOARD OF ZONING ADJUSTMENTS
SEPTEMBER 8, 1983
CITY COUNCIL CHAMBERS
4:00 P. M.
I"
1. Minutes
II. #83-15 / Roaring Fork Ltd. Partnership
#83-16 / Bill Graham
#83-17 / Olive H. Trescott
III. Adjourn
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NOTICE OF PUBLIC ,HEARING
Case No. 83-15
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTHENT
TO ALL PROPERTY OHNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOH:
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, Colo-
rado, (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,
yo~views by letter, particularly if you have obj~ction 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:
Date:
Time:
Thursday" September 8, 1983
4:00 P.M.
Name and address of Applicant for Variance:
Name: Roaring Fork Limited Partnership
Address: 415 E. Hyman, Ste. 201
Aspen, CO
Location or description of property:
Location: 415 E. Hyman
Description: Block 89, Lot E and part of Lot D
Variance Requested: Subject property is in the CC Zone. Existing building is non-conforming
in regards to FAR, which it already exceeds, Area & Bulk (Sec. 24-8.13(10). Sec. 24-13.,3 No
such non-conforming structure may be enlarged or altered in a way which increases it's non-
conformity. Applicant appears to be asking to cover a wall. area which would increase their
F.A.R. by an unspecified amount.
Duration of Variance: (Please cross out one)
1~~r~/ Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY Remo Lavagnino, Chairman
Sally B. Hanes, ,Deputy City Clerk
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AI'fl/\L fa BOFd:iJ ur ZOfU ih.! i\DJU:'; ri.;.l,il r RECEIVED AUG I 0 198"
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CITY OF AS PErl .~ / ~lu1
OATE.8JA<J~us1' (qf67 i',' ...,.. . CASE NO. 636 - J5 \
, AP~ELLANT IGo4(2.I~' 17,& ')).fi1GtJf/~~bDnESS 4 I?" e. H-Y;.iMJ .'su-a::. U')/
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OWIIER c? 4~E:. ADDRESS 5~C
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No.
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Building Permit' Application and prints or any othep 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 EXCEPTIONSHOHING JUSTIFICATHmS:
?BI!:. /t1'-mt6l6O
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'Will you be represented by couqsel
? Yes No X . --(\ j
SIGNED:., f. r~j/I~! c}r.rIlL-----
. A~ ant 'l
PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
. TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
~OR NOT GRANTING,: ~~ ~~l:, ~~ ~ 2.oNe, ~~ ~ '
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PERMIT REJECTED, DATE
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APPLICATION FILED
'HAILED
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- SECRETA~Y
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MEMORANDU~1
TO: Aspen Board of Adjustment
"
FROM: Welton Anderson, Architect
RE: Variance request to roof alleyway between Roaring Fork Building and Paragon.
DATE: August 4, 1983
Ever since the Roaring Fork Building was built in 1972 the "alleyway" between it and
the Paragon Building has been an ever increasing problem, Planners then insisted an
it as part of a "mid-block" pedestrian system, invisioning, I imagine, scenic alleys
and someway of penetrating the Red Onion buildingsJ neither which has happened.
Instead this alleyway only collects vast amounts of snow every winter requiring constant
removal, non-stop leaking into spaces below due to improper drainage and frozen pipes,
a severe wind tunnel effect in the arcade below, and most problematic: vandalism,
At night, the stairways and elevator hall have become public urinals and convenient drug
taking places despite frequent police patrols.
VARIANCE CRITERIA: The granting of a variance to roof over the rest of this alleyway
and provide secure entries at either end to solve these problems is justified by each
of the four criteria outlined as valid in Sec. 2-22(d) of the code:
1. "The special conditions and circumstances do not result from the actions of the
applicant", but from over-eager city planners trying to implement what seemed to
be a good idea then even though there was a solid wall of buildings on the other
side of the alley.
2. "That special...circumstances apply to the subject property that do not apply
similiarly to other properties in the same vicinity..." is evident. It is a
10 foot wide slot between two 40ifoot tall buildings plagued with maintenance-and
security problems never imagined when it was planned and designed.
3. "That the granting of a variance is essential to the enjoyment of a substantial
property right enjoyed by other properties,..but denied subject property because
of the special conditions..." is applicable because a well intentioned planning
requirement and its proximity to popular nightspots have generated problems
unlike any other building's in Aspen.
4. "That the granting of a variance will not adversely affect the general purpose of
of the comprehensive general plan" is valid because mid-block pedestrian links were
never adopted as part any approved plan, it just seemed a good idea at the time.
PROPOSAL: Currently about 20 feet of the alleyway is roofed, over the stairways to
the Souper'and to the North office stairs. The applicant proposes to roof over the
remaining 80 feet below the existing 2nd floor windows of both buildings and sloped to
drain into existing building drains no matter what. Skylights and/or clerestories will
provide natural light. A glass and anodized metal entry door and sidelight will be
i nsta 11 ed where the all eyway narrows ,i20 feet from from the mall facade. On the a 11 ey
2 fire-rated doors in a fire-rated wall will be provided, one for the lower arcade
stair and one for the offices and restaurant above.
Because enclosing the alleyway will in no way change its use(it will still be open
to any of the public wishing a shortcut to the alley by day), and will greatly reduce
a public nuisance, and resolve the snow removal and leaking problems the building
owner has lived with for 11 years, and because this request meets all four of the
criteria considered valid for the granting of a variance, the apolicant respectfully
asks the Board to consider and approve this application for a variance.
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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)
first duly sworn. opposes and says :.s
AfJDe;Zs~tV
, being or
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
visible continuously
, 19 ~, to the
way) and that the said sign was posted and
from the 'f:.!f ~ day, of ~ 1'()tJ f
~\I\' day of ';ibf(-- , 19&.
(Must be posted for at
least ten (10) full days before the hearing date).
APPLICANT
Subscribed and sworn
this;ib) d9.j' o~
19~, by C~
me
,
WITNESS MY HAND AND OFFICIAL
SEAL.
ommissiQn expires: ~
(l~
Not Public
1.:30 J Q;?,i.., A ( /) /1L. ,t x/bl/
Addre'!'is f ~
---..:..
!Ii
CITY OF ASPEN
FINANCE DEPARTMENT
. CASHIER'S RECEIPT
LICENSES & PERMITS
o GENERAL OCCUPATION BUSINESS L1C,
o LIQUOR OCCUPATION LICENSES
o BEER, WINE, L1~R
o LIQUOR LICENSE RENEWAL FEE
o LIQUOR LICENSE APPLICATION
o EXCAVATION ~l!MITS
o SEPTIC TANK PERMITS
o NON,COURT DOG" LICENSES
o COLORADO FOOD SERVICE LICENSES
FINES & FORFEITS
o CITY SHARE-DUI'S
o COURT TRAFfIC.FINES
o TOWING FEE,CITY
o PENALTY ASSMTS, ON TOWS
o STORAGE FEES
o NON,TOW PENALTY ASSMTS,
o TRAFFIC FINES
o NON-COURT DOG FINES
o NON.COURT IMl'OUND FEES
o NON.COURT VET OR R,V,
o NON.COURT ADOPTION FEES
o CITY COURT DOG FEES
o COURT BOND FORFEITS
o COURT COSTS
o ACCIDENT REPORTS/XEROX
o GENERAL ACCT, NO,
DESCRIPTION: (NAME, NUMBER, ETC,)
'", '
(/ 4~j
/
RECEIVED FR~Y
RECEIPT
49€~"-
\- '
-::Jr6 3 - 13'
00111-61000
00107,60900
00107,61030
00107-61031
00107,61039
00115-61211
00125.61213
00135-61100
00125-61001
00131.64002
00132,64003
00132.64011
00132,64013
00132.64014
00132.64014
00132,64020
00135-64040
00135-64041
00135-64042
00135-64045
00135,64043
00131,64101
00131-64201
00131.63420
/__ . (i__/' '-<~'I:
Y/ ' /,.7-
DATE: /1 . / /, .
/ /
,
$ /1' , f" ('I