HomeMy WebLinkAboutlanduse case.boa.434E-Cooper.008-78
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C H A R L EST. C 0 L L INS 0 CON S U L TIN G E N GIN E E R
P. O. BOX HH / ASPEN, COLORADO 81611/303 925.2089
Ju.le29, 1978
TO WHOM IT MAY CONCERN
RE: Lot west of the Isis Theatre
Aspen, Colorado
We have been asked to comment on the feasibil ity of constructing a
building with floor levels below street grade at the above location.
Assuming the adjacent Isis Theatre has a shallow stone and rubble
foundation which was common to early Aspen construction, the
maximum practical limit of underpinning the foundation would be
one-story or approximately 10 feet below grade. This limit is
based on the age and type of construction of the Isis and the
mechanics of the underlying soils.
Any construction below this depth would involve extensive
precautionary measures and preclude definite assurances that the
Isis building and/or theatre operations would not be adversely
affected.
Charles T. Coli ins
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Box 612 . Tel. 925-3202 . Aspen, Colorado 81611
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GEMS
HAN CCRAFTS
1M 130 FilT5
WATC....ES
ANTIQUES
ALPINE
JEWELER
KURT G. BRESNITZ
PHONE: 925-3292
P. O. BOX 70
ASPEN. COLO. 81611
June 20, 1978
Board of Adjustment
City Hall
130 S. Galena
Aspen, Colorado 81611
Gentlemen I
This letter is written to voice our opinion on the
variance request under discussion at your Board meeting
Thursday, June 22, 1978. We strongly feel that open space
requirements and set-backs should apply to all residents
equally and permission be granted only if hardship or the
interest of the city is in question. We believe that the
purchaser of any city lot should be aware of prevailing
ordinances and should build within the confines of the
space. When exceptions are being made, precedents are
being set. If the existing statutes need to be changed
it should be done by majority rule.
We ourselves were subjected to set-back regulations
and parking requirements (now changed) Which caused our
shop to be set back from street frontage putting us
definitely at a commercial disadvantage. We feel that
everyone should be treated equally.
ADJACENT PROPERTY OWNERS TO ISIS LOT:
1. Lots KL~rn, Block 87:
Isis Theatre
Marjorie Jenkinson
P. O. Box 483
Aspen, Colorado 81611
2. Lots A & B, Block 87:
Epicure
Ernest Martins
P. O. Box 612
Aspen, Colorado 81611
3. Lots PQRS, Block 80:
Bank of Aspen
Helen T. White
c/o Predovich & Ward
Thatcher Building
Pueblo, Colorado 81003
4. Lots ABC, Block 88:
Aspen Supply
Hi-Country Lumber
555 7th Street #720
Denver, Colorado 80202
June 1, 1978
Aspen Board of Adjustment
City of Aspen
Re: Lot K, Block 87 -
Proposed Commercial Building
Gentlemen:
On behalf of my clients, Anthony Mazza and Frank
Woods, I am submitting application to you requesting a vari-
ance of building setback at the alley common to the Epicure,
for the following reasons:
1. "That special or extraordinary circumstances
apply to the subject property that do not apply similarly
to other properties in the same vicinity and zone." Few
buildings in Aspen are limited as is this proposed structure.
That is, because this is a single original townsite lot, 30
feet wide, encroached upon by its neighbor, at a visually sig-
nificant corner, within a view plane, in a historic overlay
district, and under the limitations of the Growth Management
Plan; an extraordinary amount of review procedures will be
necessary for a relatively small building. The lot size is,
however, the crucial element. To meet the requirements of
Section 24-3.7(h) (4), the entire width of the building at the
alley for two stories would be devoted to one dumpster.
2. "That the granting of a variance is essential
to the enjoyment of a substantial property right enjoyed by
other properties in the same vicinity and zone, but denied
the subject property because of special conditions or extra-
ordinary circumstances." Since the trash area must, by code,
be "at grade," and ten feet high and because the height is
restricted by the Jerome view plane, the trash area will render
unuseable two floors, or 600 square feet of the building. By
requiring full compliance with the trash area requirement,
the subgrade and street levels would be reduced to 1950 square
feet each (3000 square feet lot area, less 300 square feet
trash area, less 750 square feet open space), leaving the
second floor at 2100 square feet or 150 square feet larger
than the two levels below. As mentioned in section 1, this is
a visually significant corner that will be subject to a number
Aspen Board of Adjustment
City of Aspen
June 1, 1978
Page Two
of other reviews, and the impact and mass of a much larger
second floor than that proposed would be substantial.
3. "That the granting of a variance will not ad-
versely affect the general purpose of the comprehensive general
plan." The attached list of representative commercial buildings
in Aspen indicates their actual trash area requirements. The
largest building shown, the new Aspen Plaza building, has one
dumpster, six yards in capacity covering only 26 square feet
and serving two restaurants and several stores. These figures
came from Aspen Trash Service. They commented also that they
did not need nearly as much space as that required by code,
and that only one yard dumpsters had rollers and could use the
"covered trash area" required by code. The larger dumpsters
must be left outside of the required trash area, i.e., in the
alleys. Because of the suggestions from Aspen Trash Service,
I have proposed changes in Section 24-3.7(h) (4) to the Planning
Office for revisions in that ordinance that would both make
trash collection easier and the ordinance more responsive to
the actual problem.
Your consideration of this matter will be appreciated.
Sincerely,
c. WJJ- ~
C. Welton Anderson
CWA:dr
Attachment
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TRASH COLLECTION DATA -
PROVIDED BY ASPEN TRASH SERVICE
II Dumpsters
Building Building S.F. and Size
Proposed
Mill & Hopkins Building 6,000 1 - 1 yard
Aspen Plaza 13 , 000 1 - 6 yard
Professional Building 18,000 1 - 4 yard
Mason & Morse 13,000 1 - 1 yard
*Courthouse Plaza 17,000 1 - 4 yard
*620 Hyman 9,000 1 - 1 yard
Victorian Square 7,000 1 - 1 yard
Park Central 11,200 1 - 1 yard
Patio Building 9,300 1 - 1 yard
Any dumpster over 1 yard cannot be covered
Pickups/Week
6/wk
5/wk
5/wk
6/wk
(shares w/Courthouse)
3/wk
3/wk
3/wk
3/wk
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APPEi\~TO BOI'lRD OF ZO:li rIG
C1 TY OF I'ISPEtl
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ADJUs'-.:rIT _ 10 I s 1-'<6
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DATE May 24, 1978 CASE NO. 7g-C(}
APPELLANT Anthony J. Mazza ADDRESS 434 East Cooper Street, ASI?E'd
Frank J. Woods, III PHONE 925-2043
OWNER (Same as above) ADDRESS - (Same as above)
LOCATION OF PROPERTY
Lot K, Block 87, City of Aspen, Colorado
lStreet & 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.
7q-B
THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN
ALL THE FACTS IN QUESTION.
DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATInnS:
See Exhibit A -attached hereto and made a
part hereof by this reference.
Will you be represented by counsel
? y,,~~
SIGNED .}/ .
ell ant
PROVISIONS OF THE ZONING ORDINANCE
TO FORWARD THIS APPLICATION TO THE
FOR NOT GRANTING:
REQUIRING THE BUILDING INSPECTOR
BOARD OF ADJUSTMENT AND REASON
Application is made for a building permit to build an office building.
The proposed office building does not provide an open area adjacent to
the alley with a miniumu horizontal dimension of ten (10) feet and a
minimum vertical clearance of ten (10) feet and equal to ten percent
(10%) of the total lot area. Sec. 24-3-.7 H 4 and Schedule Area & Bulk
Requirements Min. Rear Yard CC district.
Duration of Variance: Permanent
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TO:
BOARD OF ADJUSTMENT
CITY OF ASPEN
DATED:
June 27, 1978
The undersigned, as attorney for Harjorie P. Jenkinson, who
is the o,mer of the Isis Theatre and the lots on which same is located,
hereby states with reference to the variance request by Frank J. Woods,
III and Anthony J. Hazza as follows:
Marjorie P. Jenkinson will not allow any shoring below a
depth of 3/4 story to be done on Lot K, Block 87, City and Townsite of
Aspen, unless a statem~nt is received from a structural engineer which
gives an absolute assurance that any shoring between the levels of 3/4
story to 1-3/4 stories belm, grade will not in any way interfere with
the business presently conducted in the Isis Theatre.
The undersigned further represents that Mrs. Jenkinson has
a right to deny said approval for shoring on the basis of the terms of
the sale contract for the aforementioned lot.
iL!L~/ C
Albert Kern \
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Pursuant to the provisions of the Zoning Regula-
tions of the City of Aspen, a building constructed in the
commercial core area is required to have a 30' x 10' x 10'
trash access area. It is the contention of applicant that
this requirement when applied to this particular lot would
create a hardship.
Applicant intends to build a three story building,
1/2 story of which shall be below grade and 2-1/2 stories
shall be above grade. Due to the fact that applicant is in
the Main Street view plane, applicant would not be able to
construct a three story building above grade due to the afore-
mentioned view plane. The only way applicant could build a
three story building would be to place a 1/2 story below grade,
as planned, or a full story below grade. By placing a full
story below grade, applicant would be forced to increase the
length and dimension of the stairways and stairwells neces-
sary to provide access to the lower level (see plans tendered
herewith), thereby creating less greenery in the open space
(corner of Mill Street and East Hopkins). Furthermore, due
to the grade of this lot, to construct a floor below grade,
applicant would have to excavate approximately 1-3/4 stories
below grade. The depth of said below-grade story would
markedly increase the number of steps in the open space area
(the computation of stories (feet) below grade and increased
number of steps in the open space caused by placing a story
below grade will be fully explained by our architect. Welton
Anderson, at the public hearing). Also, due to the grade of
the lot, the placement of 1/2 or 1 full story below grade would
necessarily delete 300 square feet of buildable space from
each of applicant's first 2 stories (this will also be fully
explained by Welton Anderson at the public hearing). It is,
therefore, the contention of applicant that from an aesthetic
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and practical point of view, a building 1/2 story below grade
and 2-1/2 stories above grade would be best suited for this
piece of property.
The reason for the aforementioned three stories is
twofold:
(1) In order to achieve a 1:5 to 1 F.A.R., or 4500
square feet, applicant has to incorporate a
third floor when considering the open space and
trash access area requirements. Pursuant to
present regulations, applicant would only be
allowed to construct 1950 square feet on each
of the first two floors. Therefore, a third
story is mandated.
(2) Applicant desires to provide two units of
employee housing. In order to do so, a third
floor is required. To comply with existing
requirements, applicant can only place 1950
square feet on each of the first two stories.
Applicant, in order to construct two employee
housing units, would have to construct 2100
square feet on the third floor. By virtue of
adding the extra square footage to the third
story, which addition is necessitated by cur-
rent regulations, applicant would be forced
to provide a second stairway and hallway to
the top floor. This requirement would effec-
tively preclude construction of employee
housing on the top floor because same would be
rendered architecturally unfeasible.
It is, therefore, the contention of applicant that
a hardship is created by virtue of the trash access area
2.
.
o
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,
requirement and that a variance should be granted, and in
fact is mandated, namely, reduction of the required trash
area to a square footage which would facilitate trash storage
and trash removal on applicant's land. Such a variance would
provide more retail space on the two lower stories and per-
mit applicant to construct a top floor with square footage
which would not require a second stairway to the top floor,
thereby permitting applicant to construct two employee housing
units on the third story. If a variance were not granted, an
additional hardship would be created with reference to the
building due to the fact that the two lower levels of appli-
cant's building would lose 300 square feet of retail space
per floor due to the present trash access area requirement
when coupled with the view plane requirements and grade of
the lot.
3.
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NOTICE OF PUBLIC HEARING
Case No. 78-8
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTHENT
TO ALL PROPERTY ~~NERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOH:
pursuant to the Official Codc 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~orn 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 objcctions. 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 ovmers and' others affected indeciding vlhether to
grant or deny the request for variance.
Toe particulars of the hearing and of the requested variance are as follows:
Date and Time of Meetin~:
Date:
Time:
June 22, 1978
4:00 PM
Name and address of Applicant for Variance:
"
Name:
Address:
Anthony J. Mazza
434 E. Cooper Street, Aspen, CO
Location or description of property:
Location:
Description:
434 E. Cooper Street, Aspen, CO
Lot K, Block 87, City of Aspen, CO
Variance Requested:
Application is made for a building permit to build an office building. The
proposed o~fice building does not provide an open area adjacent to the alley
with a minimum horizontal dimension of ten (10) feet and a minimum vertical
clearance of ten (10) feet and equal to ten percent (10%) of the total lot area.
.
Duration of Variance: (Please cross out one)
~~ti~~ Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
. .
BY ~/7>V7H"'41), +~7j 6'~~.P~
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Notice is hereby given that on the application for a
variance by Anthony Mazza, the description of the
property is the correct location. Mr. Mazza is
applying for a variance to build an office building
on Lot K, Block 87, City of Aspen. This property
is located on the corner next to the isis' Theatre.
If you have any questions, please call Sheryl in
the office of the City cicrkr 925-20201 ext. 229.
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