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Home My WebLink Aboutlanduse case.boa.620 E Hyman Ave.011-78 fli'i [{IL -rO BOARD 01: IOU I NG ADJUST' -PIT CITY OF ASPEN ?"";D~IO~ Icf'3i,g -:it' 2-'3'11 .DA TE 9-29-78 A P P EL LAN T Aspen Industrial Bank CASE NO. }>;--( / ADDRESS p.o. BOX. 3437, 411 S. Spring st. Aspen PHONE ADDRESS Q25-2550 owfi E R Kent SChuler, president L 0 CA TI 0 N 0 F PRO PER TV 620 East Hyman Street, Building (Street & Number of Subdivision' Blk. & Lot No.) Building Permit Applic~tion a~d p:ints or any other pertinent data must accompany thlS appllcatlon, and will be made part of CASE NO. /if - (( THE BOARD WILL RETURN THIS APPLICATION iF IT DOES NOT CONTAIN ALL THE ~ACTS IN QUESTION. I DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATImlS:The Atriun is an extremel~ high security risk which will not allow itself to be used for any banking function. : Because of the security risk it's necessary to enclose the atriun first floor area which will create. additional floor space to the second level. Xhe second floor has been dedicated to the building as common area, as well as excluding itself from any future oommerical rental by the property owner. See attached supportive dedication doc\llllent. \ SIGNED: Appellant Ke Will you be represented by counsel? Yes No PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON fOR NOT GRANTING: APPLICATION IS MADE FOR A BUILDING PERMIT TO REMODEL AR EXISTING COMMERCIAL BUILDING. THE PROPOSED REMODELING REQUIRES FLOORING OVER AN EXISTING ATRIUM WHICH WILL ADD 256 SQUARE FEET OF ADDITIONAL FLOOR AREA. The existing building has a FAR of 1.83:1 where the maximum permitted FAR is 1:1. Section 24-3.4 Area and Bulk Requirements C-l Zoning D"istrict No such nonconforming structure may be enlarged or altered in a'way which increases its nonconformity. Section 24-12.3 Nonconforming Structures PEIHlIT REJECTED. DATE APPLICATION FILED ~lAIl EO /0 II '3178 (]~. .~' ~'d ~ DECISION <"(1J1--v.~ DATE lild/18 OATE IF HEARING..--'!J';!?8 S[CR[TARY~o,~ p~____u_ Chief Buildin~ In~pector, Status ,.... """ .....,I NOTICE OF PUBLIC HEARING Case No. 78-11 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMEl\'T TO ALL PROPERTY OH'NERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such other place as the meeting may be then adjourned) to consider an application filea 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 o\vners and others affected in deciding whether 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 Heeting: Date: Time: November 2, 1978 4:00 PM - City Council Chambers Name and address of Applicant for Variance: '. Name: Address: Aspen Industrial Bank 411 S. Spring Street, Aspen, CO 81611 . Location or description of property: Location: Description: 620 E. Hyman Street Building Variance Requested: Ap~li7ation is made for a building permit to remodel an existing commercial bUl~dlng." The ,proposed remodeling requires flooring over an existing atrlum whlch wlll add 256 square feet of additional floor area. . Duration of Variance: (Please cross out one) ~ PelToianent THE CITY OF ASPEN ROAFn OF ADJUSTHE~r BY ~-f~A'NP~ . Sheryl lmmen, Deputy City Clerk Secretary of the Board of Adjustment for Remo Lavagnino, Chairman . c ~ THOMAS WELLS & ASSOCIATES ARCHITECTS POST OFFICF. BOX 3199 ASPEN, COLORADO 81611 TELEPHONE 303 925-7817 October 26, 1978 Board of Adjustment P. O. BoxV Aspen, Colorado 81611 Gentlemen: I am writing to clarify the application of the Aspen Industrial Bank for their intended relocation into the building at 620 E. Hyman Street. Although the application refers to "additional floor area", it is not in any way intended as increased usable building area. The purpose of the new construction, which I would rather refer to as a "roof" than a "floor", is twofold: 1. To provide security for the intended bank space. 2. To add a garden court roof garden to the second floor for light, air, and beautification. The owners of the building are willing to indemnify this work by deed restriction, covenant, or whatever means necessary against the future possibility that this garden space be used for any other purpose at any time. I believe that this protection should make the proposed construction fall under Section 24-10. 2(a) of the exemp- tions from the Growth Management Ordinance. v ry truly yours, .00 Tomas O. Wells cc: Kent Schuler Don Fleisher ....-.."<1. ~ ~t.l.q, lJ-t: ~. l2g LJ- \-\, W o. Let- e.. . ~ lt90. lJ. E ~MA~ lA..l.,~ ~ P. c g~ ton, ~.~,~(bll_ ~~, JOv. t::, ~ (00 S"'( ~. c., ~o1.c, w~ w e. Po, ~"'" 0&;, ~~,~. -r~~ Ie. l\J5vv\~_ -r~ . C~'<.L Ii > Po. ~~ ~"'73 ~.U~. Cro...,."kl) ~.l ~ J ~.ea-:........ r/').. I...!, ( ~ Q.,J.J M e-J"J-... II;).. t.J" ~~ 'o~c, ~,~- A"DEfJ !~,!"i 'S'flW\l BANK vI l't tln.'J.) . .,,0". "Q"""i: . Ci";;.,,I,-.i\ ".,1'"'-1' ~ Vlil'- --.- ..UfJ f"N'WY Box 34a1. . Asoen, COltii<>dO ~~,ljU ~ ~ N t>. b~ L, i'L+ \j,. ( ~ 'b~Jcl. N.. A ~^ _-.-.(. M 'f<.\- '.1:-, CJ:to j ~ A " l( o....-e... ). II <J.- l...l " ' ~ ~~ ~ 'IL.\I--.1 lob1s,''bL ~.~, ~..Q, ~~"-, '1G<:>~ ~ r:-,G,t.l, ~~ ~~ ~Co.~~ I~c.. VI'ce.v.~ ~~, A, ~, ^^~"" g~ ?-~ ~Q ~~, \' (ETtcTJ"~ Q,~ qq, ) , l \" r \ C!c~ I ~~ \~ (E (~ 1 ~ r I. ( ~- . ~"-~~._-~-_.,-~...,.-~-,,~~--,~- ~'" " '-" COVENANT KNOW ALL MEN BY THESE PRESENTS: THAT for good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the under- signed 620 HYMAN ASSOCIATES, a Colorado Joint Venture ("Owner"), and ASPEN INDUSTRIAL BANK, a Colorado banking corporation ("Tenant"), hereby covenant and agree with The City of Aspen, Colorado, a Colorado municipal corporation ("City"), that the new solid floor ceiling which is currently being constructed by Tenant over the "Atrium" portion of the commercial space being leased by Tenant from Owner in the 620 Hyman Building, Lots P and Q, Block 99, Aspen, Colorado, is being built solely for purposes of providing additional security for such space, and shall never be used by Owner to create a new rental space (for either commercial or residential uses) in that part of the second floor of such building which lies above said Atrium space, but shall in fact at all times be treated and used as an additional building common area. The subject Atrium space is outlined on the map attached hereto as Schedule A and made a part hereof by this reference. This covenant shall run with the title to the real property on which such building is situated, shall remain in effect for a period of twenty (20) years from the date hereof and for successive ten (10) year periods thereafter, ad infinitum, unless earlier terminated by written agreement signed by all parties hereto. This covenant shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. : ...., - - -~ -.... .' "',. Executed this ~ day of October, 1978. OWNER: 620 HYMAN ASSOCIATES By1/~I1~ Donald J. eis er, a Joint Venturer TENANT: A ~ (SEAL) ATTEST: ~~.~~ S tary ., ---. CITY: THE CITY OF ASPEN, COLORADO By Stacy Standley, III, Mayor (SEAL) ATTEST: City Clerk STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN ~The foregoing instrument was acknowledged before me this day of October, 1978, by DONALD J. FLEISHER, a Joint enturer of 620 HYMAN ASSOCIATES. Witness my hand and official seal. My commission expires: My Commission expires AuguSf 1, 1982 v ;.g~ I3A--(U Notary Public STATE OF COLORADO ss. COUNTY OF PITKIN ~2. The foregoing instrument day of October, 1978, by me this as K. Witness my hand and official seal. My commission expires: ., A I' 1982 11I1 \,gmmi.llon expires ugus ~ ~. .' A-.--C--- ~ A Notary Public e (./ - 2 - . . I"" ...... ,."" ,,,; .' STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of October, 1978, by STACY STANDLEY, III, as Mayor of THE CITY OF ASPEN, COLORADO. Witness my hand and official seal. My commission expires: Notary Public - 3 - ',,: . 1, _ -_ ., --'7-~' _______~~~___ - I <S~.ij~r~V='f~ k_ ~:,n u . .I~~;;n~m .. . ;,~,-- i'-It", L_.! -~Cl=.2u=-_m j ", !"';:"\~':.tt=:='1~~~7_...JI:' ~ ~~ ~ 4 ~- .."" .. "1-~- . -'-. , u:--~"7\; ~ '-' . ~ 1 , t. I ! , , .'.'- ATRIUM ':-:,~. , l' , .:' , ' '--~.":"""_---- '. I '.'. .... ~Jn~ t --~. !, !;-} ~ /' ... q-..n ~ ,.. '. :1 -1-- ~ r W~--=r~ ,. 11-'1- - --<-'-'. j , ,. ~ i ~.. '_II un! 1- I[ , ~' -'S --:-=::::-~--.... ." , mUll /1 i 1__ ~,// i~-~.c ) /~.~ /// // /1/! -~ / HYM // / 620 7..A~/IlUILDING //'! .9fRS}/Fi:OOR PLAN ,/,/ i(' /: /., , ,- // : /' _~.__// './ SCHEDULE A : . /// -1/' 'wf. ';/ Iv " .. ; ( _~ r--.. II!. 41" o 00 , i " .~__u r' $-u._ Iii .'i .1'. " qi t~i " \ . I ,"b , -.,' ~i. -':';-';''';'\i.~ ~~-1:r. ".1, ,'-'", j '1 ~! ---4? -w . ~l ; ". "'iL-=----==o-- ___ ~' ------- 'I' ii, t:' " /" ,- ~