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HomeMy WebLinkAboutlanduse case.boa.408 E Cooper Ave.008-76 . "8 0 -7F. 261614# ****10.00 < APPEAL TO BOAfm OF ZONING ADJUSTf'1ErH CITY OF ASPEN DATE __3/;;'Q b---- CASE NO. /) APPELLANT --A~ PEA) 5P()RT;LJKADDRESS I/D? E: CfJO PEi~ ~/i?JI1?~ PHONE _7),5' -{; 3 '3/ _ ()ALE 1). 5'PEJ.Jrl: ADDRESS 7{)() J::2A<:'TLECpFl'::'kl)~jJ~tv T1LJ:l;lJ /lA. 04KE<; ... f7.tJ.5 1t1rUIFw DR IJ-SPeV LOCATION OF PROPERTY l-!(Yff E CcOPC:/'<? ~T J.-OT I-:,..J- M "Bt.Oc.I<::. ~1 A ~PL;"IJ (Street & Number of SUbOlvision Blk. & Lot No. O\~ N E R Building Permit Application and prints or any other pertinent data must accompany this application, and will be ~ade part of CASE NO. THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATIOnS: We are planning to build a second story over part of our building built in 1968 and are requesting the following variance. Exception to Opera House view-plane. because the addition would not appear in the view-plane more than the existing surrounding buildings. Will you be, represented by counsel ? Y"~N' ~~ I~ SIGNED: ~~/;;., . ae... . Appe lant . PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: -- ---------~~Tat u s---~- .-. -S'rgned PERMIT REJECTED, DATE DECISION DATE APPLICATION FlLFD__;2II_i-f2Je._____.DATE OF HEARING ("j3/U t" r, I LED -.5/.:2':LfU SEe R L TAR Y ._____ ______ ',,,/ ~~.t:2~ m)<!/ / I ;;( t a~JvI cPo. ~/I II ~ ? t H. 01 ;/(c;..b 11- /31Ju s: q ~~I fl~}J /~1~d3tur..dii:b ~-t:h 3'/# ot p [; . &1-(' 1.3 / / /!~ Ac/.- b [/1-) ~~ (l~ :1314{~ PC; - CU/~J/VL- oP~tvt?- K#I'4-(}o< ~ b 6 'J-~~ ot P {j. &-p / ?/ c:J I? v-J;:- /8 12V../ 80 ().A1.-J:..u,-, 17-~L---1 ~. fj- /6 / j IJd f1--r~~ ()).$/vntv /a~ q aly?ULtL~~ rltd:a /1.;0) p r;. o. ~ if 6 (; /.3irH:-A-. s<j ~I ~. (fIt/! u) tHJ#/ 1-0 a-r-..l.c;. ;' tJ ;2:wJv~ fA) o1fvJ.fj P.[;. ~. 8003 {!.-<2..j2-e-1V ( (!.~. J It / J /Jc~~ BJ;()Acb Po. ~ /c;f ~ / f1P--Lo. JJ0pctl ) {)/)'l71'~ /-1 0/ Rtf-~ 3; eX /.{). 0.30CG p? t.e.J-fo; eMu. cY /6(/ -..3 ~-SlLu' ~a.~ p,o. Jf:u~~02 ~y c~'-(~. 8/6,// 7/JtUUj ~-c-c-6j # v ~{;:;;tt; , ~O'3o b 'if;. 3y-3 -~ /fIN) L-u, )~L/) ~ W~~/6;;t:; cy' rI~ C- nv 6&~ &' q ;;L/ v:k tkv ~ a. ~A~ ct ~~ UJ~uy ~ ~~~.I-V J/ p.::b It; mnL SC; V7/bL- ~~. X {i:t/ r/ &-oL 8 'J, f!-c:t:z;; cI- oj~ g. / ~ '-ft': ~ Xa-t- (!/ ~r7 a.fJ of Ktrb ~~ HI ~ c~/ ct D hu !3&;-tVj 0 ~~ ~ r!v&v . ...,V ~ JV~~~ - . j 1i13~ rvv&49() / t ) APPEAL TO BUf1l<D OF ZON ING AD.JUSTrlENT CITY OF P,SPEN DA TE jl1tr'i If I {q 7{p CASE NO. 74,-8 APPELLANT ASP@l. SPORTS-,-JNC'-__u_ADDRESS408 E. Cooper St., Aspen,.-CQ..lo. PHONE 925-6331 OWNER ASPEN SPORTS, INC. ADDRESS408 E. Cooper St., Aspen, CoJo. LOCATION OF PROPERTY 408 E. Cooper Stt., Aspen, Colorado (Street & 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. '7f.,~ THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIOnS: SEE SECOND PAGE Will you be represented by counsel &- 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 BUILD A SECOND STORY ADDITION TO AN EXISTING BUSINESS BUILDING. The proposed addition will add 3,466 square feet of floor area to the existing building which has a floor area of 10,668 square .feet or a total floor area of 14,134 square feet. The Floor Area Ratio would be 2.35:1 whereas the maximum permitted Floor Area Ratio is 1.5:1 as recommended by the Planning and zoning Commission. Recommendation of Area & Bulk Chart of Sec.24-3.4 CC Zoning District. The proposed addition will encroach into the Wheeler Opera House View Plane. No land shall be used and no building shall be. erected, constructed, altered or changed so as to invade any area designated as an area necessary for the preservation of any mountain view. Sec. 24-6.4 (B) ._...chieL.BJ.l,ilCJi n'J' In"rectnr___ ~tatlls , . M-- Siqned Clay to H. Meyring PERMIT REJECTED, D:HE______DECISION DATE APPLICATION Fll.ED__:2.Jlihr" __DATE OF HEARING_(, /3 J~..(", / I --=--r-f-.L . MA I LED ...di-/2.Lff:Zt.... S E C R F 1 A R Y _~____ ~ ".----.L_____.____ DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS Appellant is requesting approval of second story addition to its sports store (Aspen Sports) for additional retail and office space for the store. The proposed addition will consist of 3,466 square feet, including 549 feet storage space. Efforts to obtain approval have been continuing since March, 1975. Recently, Aspen Planning and Zoning Commission has recommended addition of 2:1 exterior floor area ratio and 1.5:1 interior floor area ratio. The proposed addition meets the require- ments of the 2:1 F.A.R., excluding storage, but not the 1.5:1 interior F.A.R. recommended by the P and Z. The proposed addition is necessary to retain a centralized location and provide sufficient service area for our customers. It should be pointed out that the other buildings in the block are two stories and that this expansion is not for the purpose of creating additional density. The proposed addition will in- croach into the imaginary view plane, but in fact there are buildings which intervene between the Wheeler Opera House and the Aspen Sports store, and the proposed addition will not interfere with the present view. Further, the present building was originally constructed, at additional expense, to allow for this proposed second story addition, which is necessary at this time. Page 2 , r'~... street 81611 . ..C.." CITY 130 so aspen, ~lay 26, 1976 Dear Adjacent Property Owner, You received in the mail a form stating that Aspen Sports has applied for a variance from the Board of Adjustment for approval of a second story addition to its sports store for additional retail and office space. The meeting which was scheduled for June 3, 1976 at 4:00 P.M. has been cancelled due to a lack of a quorum. The Board will meet again on June 17, 1976, at 4:00 p.m. in the City Council Chambers to discuss this variance request. If you have any further questions regarding this matter, please let me know. Sincerely, j;J.ey fY) if- ~ . Libby W. Klym7j'- ~ Deputy City Clerk L " . Ify) ~ \-J_V\ \ 1(P NOTICE OF PUBLIC .HEARING Case No. 76-8 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMEtrr TO ALL PROPERTY OWNERS 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 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 v~riance 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 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 Meetin&: Date: Time: June 3, 1976 4:00 P.M. Name and address of Applicant for Variance: Name: Address: Aspen Sports, Inc. 408 East Cooper Street, Aspen, CO 81611 . Location or ~escr~ption of property: Location: 408 East Cooper Street Description: Variance Regues ted: Appellant is requesting approval of second story addition to its sports store "[Aspen Sports) for additional retail and office space for the store. The proposed addition will consist of 3,466 square feet, including 549 feet storage space. Efforts to obtain approval have been continuing since March, 1975. Recently, Aspen Planning and .Zoning Commission has recommended addition of 2:1 exterior floor area ratio and 1.5:1 interior floor area ratio. The proposed addition meets the re~uirements of the 2:1 FAR, excluding Duration of Variance: (Please cross out one) (cont'd on back) 1'€lHfl8iitlii;' }'ermanent THE CITY OF ASPEN BOARD OF ADJUSTHENT BY C~ fJ.+t./y~"Y\ Chairman ~~~ .0 ~ VARIANCE REQUESTED (CONT'D) storage, but not the 1.5:1 interior F.A.R. recommended by P&Z. The proposed addition is necessary to retain a centralized location and provide sufficient service area for our customers. It should be pointed out that the other buildings in the block are two stories and that this expansion is not for tae purpose of creating additional density. The proposed addition will incroach into the imaginary view plane, but in fact there are buildings which intervene between the Wheeler Opear House and the Aspen Sports store, and the proposed addition will not interfere with the present view. Further, the present building was originally constructed, at additional expense, to allow for this proposed second story addition, which is necessary at this time. NOTICE OF PUBLIC HEARING Case No. 76-8 BEFORE THE CITY OF ASPEN 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 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 2lf, Official Code of Aspen. All persons affected by the proposed v~riance 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. you: 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: June 3, 1976 4:00 P.l'!. ~ and address of Applicant for Variance: Name: Address: Aspen Sports, Inc. 408 East Cooper Street, Aspen, CO 81611 ko~~t:.L~!_~.~~i12.!:_~an of pro:2crty: Location: 408 East Cooper Street Description: V nricHlce Regues ted: Appellant is requesting approval of second story addition to its sports store <[Aspen-s;ports) for additional retail and office space for the store. The proposed addition will consist of 3,466 square feet, including 549 feet storage space. Efforts to obtain approval have been continuing since March, 1975. Recently, Aspen Planning and Zoning Commission has recommended addition of 2:1 exterior floor area ratio and 1.5:1 interior floor ~rea ratio. Jhe proposed addition meets the re~uirements of the 2:1 FAR, excluding Duratl.on of Varl.ance: (Please cross out one) (cont'd on back) re}\!l"e~'-a'l;" permcment TilE CITY OF ASPEN BOARD OF ADJUS'nmtiT BY r~ 11,;~/~'Y\ Chairman ~(J f~~1 Mr,-- o ~ I VARIANCE REQUESTED (CONT'D) storage, but not the 1.5:1 interior F.A.R. recommended by P&Z. The proposed addition is necessary to retain a centralized location and provide sufficient service area for our customers. It should be pointed out that the other buildings in the block are two stories and that this expansion is not for the purpose of creating additional density. The proposed addition will incroach into the imaginary view plane, but in fact there are buildings which intervene between the Wheeler Opear House and the Aspen Sports store, and the proposed addition will not interfere with the present view. Further, the present building was originally constructed, at additional expense, to allow for this proposed second story addition, which is necessary at this time. -.., "'.. ./ RESOLu'rION OF TIlE ASPEN PLANNING AND ZONING COl-UnSSION RECOMMENDING VAHIOUS CHANGES TO THE i'I.SPEN ZONING CODE AND DISTRICT MAP WHElillAS, the Aspen Planning and Zoning Commission has been presented with recommended changes to the Aspen Zoning Code and Zone District Map, constituting Chapter 24 of the Aspen Municipal Code, and a public hearing on such changes has been properly noticed and conducted on February 17, ::'976, and WHEREAS, the Commission is required by virtue of Section 24-11.3(d) of the Aspen Municipal Code, subsequent to such public hearing, to report and recommend to the City Council on the proposed changes, and WHEREAS, :':,ection 24-:'.1. 7 provides that if the Commission shall affirmatively recommend changes to the map or code, and do so by resolution, such recommendations shall have an interim effect, all as further described in said section, and \7lIEREAS, the Commission wishes to make known its recommenda- tions with respect to every change proposed, and formalize its report in resolution form such as to enjoy the effects of Section 24-11.7, :lmv, 'l'HEREFORE, DE IT RESOLVED BY THE PLANNING AND ZONING CO~lilISSION OF THE CITY OF ASPEN, COLORADO: Section 1. Recommendations with respect to the Area and Bulk Require- ments Chart of Section 24-3.4. Fl. Cormnercial Core (CC). The Commission recommends that within this district the present externalFloor Area Ratio of 2:1 be maintained but that there be established a new internal FAR as follows: :Jet Commercial FAR by Right 1. 5: 1 Bonus FAR by Special Review Residential 0.3:1 Additional Commercial 0.2:1 Gross Maximum FAR 2.0:1 because (i) this change will generate a desirable mix of uses in the '-" Co, . -:!- commercial core, (ii) commercial uses will be available to subsidize residential uses within the same structure, and (iii) for most areas within the commercial core, con@ercial uses beyond the second floor are not practical and the third and fourth floors are more amenable to residential uses. b. Commercial One (C-l). ~he Commission recommends that within this district the external FAR should be reduced from 1.5:1 to 1:1, inasmuch as this will reduce building massing within the C-l dis- trict. IIowever, the Commission further recommends that there be given a density bonus of .5 for residential uses, the Commission being of the opinion that the mix of commercial and residential uses is as appropriate in the C-l as the CC district. c. Commercial Lodge (CL). The Commission recomnends a reduction of the external FAR in t~szone from 2:1 to 1.5:1, inasmuch as the existing FAR would permit a building bulk and mass that could constitute an unacceptable barrier between the City and its mountain surroundings. d. Neighborhood Commercial PUD (NC-PUD). The Commission recommends the reduction of the existing external FAR from 1:1 to 0.5:1 to insure that the Neighborhood Commercial developments are of a scale that is compatible with the residential areas they are designed to service. e. Service/Con~ercial/Industrial (S/C/I). The Commission recommends the reduction of the existing external FAR in the S/C/I districts from 2:1 to 1:1 because the existing FAR would permit buildings of a size and mass incompatible with the areas in which the S/C/I zone has been designated (the periphery of the City as opposed to the commercial core). f. Office (0). The Commission recommends the proposed amendment to the external FAR in the 0 district from 1:1 to 0.75, by right, with an additional .25 allowed for residential uses, by Special Review. However, the Commission further recommends (i) that the requirement that residential bonus be permitted only when ,""_e,,, -'<..-,/ coordinated with the Dousing nuthority be dropped and such require- ments be again considered only when the Authority has presented and there has been adopted a housing plan for the community, and (ii) that it be made clear that the residential density bonus does not preclude use of 0 district lands entirely (or at a ratio greater than .25) for residential uses which are specifically permitted. g. Commercial One (Cl).. The Commission recommends that the height limitation in this district be reduced from 40 feet to 32 feet, with a right to construct to the full 40 feet being given only on Special Review. 'l'he recommendation is made because the desired density reduction in this district can be achieved by the change in FAR recommended above and in some instances 40 foot buildings may be desirable to encourage variations in building heights within this district both to eliminate the now monotonous skyline and provide view planes around structures. h. Commercial Lodge (CL). The Commission recommends that the height limitation in this district be reduced from 40 feet to 28 feet, with a right to construct to the full 40 feet being given only on Special Review. The reasons and rational for this recommenda- tion are the same as those given in Paragraph g. Section 2. qecommended Change to the Permitted Conditional Uses Chart of Section 24-3.2. The Commission recommends the proposed amendment to the Office One (01) and Office Two (02) zone categories to create one office district (0) with the following elements: INTENT - To provide for the establishment of offices and associated con@ercial uses in such a way as to preserve the visual scale and character of formerly residential areas that now are adjacent to commer- cial and business areas and along Main Street and other high volume thoroughfares. PERMITTED USES - Single family, duplex and multi-family residences; professional and business offices. CONDITIONAL USES - Art, dance or music studios; museums mortuaries; library; day care centers; fraternal lodges and social clubs; restaurants and/or -)- " in th,' CC and C1 ,'l...,;tric1"c; bCCilUS(' t.his clu,v""-,,,shou]cl have th(' -~.. :cecommends the ch;:mge to include sub-)'ilsement and accessory storage For purposes of calculating external floor area ratio, there shall be included basement and subsurface commer- cial storage areas but excluded subbasements and storage areas which arc accessory to the principle use. Provided, however, the sub-basclJl1ent and accessory stora'le areas shall always be included in the CC and Cl district. Any basement or subsurface area devoted to off-street parking shall be excluded in calculating external floor area ratio, nxcept in CC and CI districts, where it shall bo included, 24-3.7(3) (2) to read: ~he Commission, on review of the recommended change of Section Section 4. 'i'he Amendment of Section 24-3.7(3) (2). stores at a scale compatible with the Aspen Area. feet is adequate for this use and will insure construction of such square footage limitation for major appliance stores, as 9,000 square the reduction from 12,000 square feet to 9,000 square feet as the b. Section 24-3.6. Major ApRliance. The Commission recommends will generate less cross-town traffic. (i) are both more compatible with the scale of the Aspen area, and (ii) force the development of smaller localized food service areas which because it will preclude the construction of massive groceries, and grocery accessory products and storage (gross total 15,000 square feet) food products only, and an additional 3,000 square feet for additional the reduction from 20,000 square feet to 12,000 square feet net for a. Section 24-3.G. Food Store. The Commission recommends Section 3. Chang",.,"-_ to the SCjuar.E".!,ootage Limitations of Section 24 -3.6. residential structures. provide a better integration of the new office with the existing adoption of R-6 area and bulk requirements for offices uses will districts are in areas predominantly residentially developed and the The recommendation is premised on the fact that all existent office AREA AND BULK REQUIREMENTS - Same as R-6 District. from an alley. adequate parking is provided on site with access has received an H, Historic Designation and boarding houses if located in a structure which . '..,...~ effect of reducing the tendency of landowners to construct areas which are ostensibly basements and later convert them to commercial uses, but recommends against the inclusion of basement or subsurface areas (in calculating external FAR) devoted to off-street parking in the CC and Cl districts inasmuch as (i) in these commercial districts underground parking areas will accommodate employer/employee parking needs to reduce the use of public rights-of-'.7aY for this purpose, and (ii) if the City wishes to encourage residential uses in these dis- tricts, some parking must be available for residents of these areas. Section 5. Rezoning of Lots 0, E, F, G, H and I of Block 78 from Neighborhood Commercial (NC) to the Office (0) District. The Commission recommends against the rezoning of Lots 0, E, F, G, H and I of Block,78 from Neighborhood Commercial/Specially Planned Area (NC/SPA) to the new Office to) district inasmuch as there has been no demonstration that the present zoning is inappropriate and the office designation has received no support at all. Section 6. Various Other Changes to the Zoning District Map. The Commission recommends and rejects various recommended zone district changes, the areas of which are more particularly defined on the map attached hereto and incorporated by this reference. a. Nixed Residential (West). The Commission recommends the change of the zoning of this area from R-6 to R-15 inasmuch as the area (i) provides a transition area with adjacent county zone dis- tricts, (ii) is limited in its development by the potential acquisition and utilization (for public transit) of the Midland Right-of-;-Tay, and (iii) will provide a gracious residential neighborhood for the community. b. Mixed Residential (East). The Commission recommends against the rezoning of this area from R/MF to R-6 inasmuch as development of the area to date is predominantly multi-family and re- zoning would effect a limited number of landowners in an unfair manner. c. Oklahoma Flats. The Commission recommends the rezoning of this area from R-15 PUD to R-30 PUD because the area has limited access and other development constraints that preclude intelligent development at R-l5 densities. -5- d. Holy Cross ProE<:.rt.y. Tho Commission rccommends the rezoning of this tract from R-15 PUD to R-30 PUD as such zone (1) will be compatible with adjacent zone districts, and (ii) recognizes the reduced development of the area anticipated in the Aspen Area Greenway Plan. e. Aspen One. The Commission recommends the rezoning of this property from R-6 PUD to R-15 PUD for the same reasons described in this section, paragraph d. f. Riverside Property. 7he Commission recommends the rezoning of this area from R-6 PUD to R-15 PUD because (i) it is shaded by high bluffs resulting in a sunless area, not suitable for intense residential development, and (ii) the area has very steep terrain. g. Spring and Main (NE Block). The Commission recommends against the rezoning of this area from R/MF to R-6 PUD inasmuch as it is the opinion of the Commission that the present zoning is correct as the area offers an appropriate site for multi-family development. h. Lakeview Subdivision. The Commission is satisfied that, 0ecause of limited access, the area is comparable to Oklahoma Flats in its development potential, and that, consequently, reduction in allowable density is appropriate. The Commission would recommend, how- ever, that the area be rezoned from R-6 to R-30 PUD but realize that, because this change was not advertised, the Commission is (at this time) limited to a recannended change to R-15 PUD i. ~-15 Lodge (PUD). The Commission recommends against the rezoning of R-15L PUD districts to R-30L PUD inasmuch as retention of the R-15L PUD should encourage the construction of additional lodging units at the base of the mountain. Dated: Apri 1 ? 1 q7(; I, Elizabeth Klvr.l , Secretary to the Aspen Planning and Zoning Commission, do certify that the foregoing Resolution was adopted by the Commission at its special meeting held March 23, 1976. ___~: tL4/:..cJ) K~~uv- ELI L:l\BE'j-'JI KLYM, o'ecr,g'tary Aspen Planning and Zoning Commission ,-- ...,'"' , ,.~ ALBERT KERN ATTORNEY AND COUNSELOR AT LAW P. O. BOX 388 .30 E. HYMAN STREET ASPEN, COLORADO 81 81 I TELEPHONE 13031 925-741 T May 13, 1976 HAND DELIVERED Mr. Clayton Meyring Building Inspector City of Aspen Dear Calyton: As you requested, the square footage given to me by Gale Spence of Aspen Sports, Inc. are as follows: Basement - 5,334 square feet (which includes 2,870 square feet of storage space) First Floor - 5,334 square feet (which includes 601 square feet of storage space) As shown in the Application for Variance, the proposed second floor would consist of 3,466 square feet, of which 549 square feet would be for storage. Please contact me if you require any further information. Yours very truly, UG ALBERT KERN AK/pa cc. Gale Spence ....,., ''',-.~ SPORTHAUS LINDNER Aspen, Colorado 81611 Box 1126 925.7849 25 May, 1976 City of Aspen Council Room, Aspen, Colo. Board of Adjustment City Hall 81611 ReI Case #76-8 Dear Sirsl Sporthaus Lindner will be unable to attend the hearing in regards to Aspen Sports, June 3, 1976, however we would like it to be known that we have no objections in regards to the afore- mentioned variance. Their proposed expansion meets with our approval. Sincerely, . -. ,..;'Q, ~ '-"- ~~ Fr itz Lindner Sporthaus Lindner FL/mh cc. Aspen Sports 14l!ly 3, 1976 Aspen Sports P. o. Box 0 Aspen, Colorado 81611 Re I Effect of Proposed zoning Code Chang-es Gent1_onl I have been given your letter to Staoy dated April 21st in whioh you requested information on the effect of the recently recOllUllended chang-es to the :roninq code and district map. First, let me note that the next scheduled dis- GUII.ion on the chAnges is Tueeday, M.y 4th, tit 5 P.M., :;t joint p & Z and Council meeting on the recommendations. With respect to the balance of your inquiries I must conclude that you are not, ot this time, .legible for a permit on the proposed oonstruction. Section 24-11.7 provides that once the P & 3 has affirmatively rec01I1Illended a code change (by resolution) no building- permits may be issued which would be prohibited by the proposed amendment for a period of one year from the date of the resolution. This period may be short.ened, however, in the event the ",;oWlcil should, ;;y resolution, refuse t:o further consider such amendment." As of yet, COWlcil has taken no such action. Acoor4inqtoSection 24-13.3 of t.he code no land owner enjoys immunity from a code chan9'eby'~orL~~th. fil1nq of a building permit application. only after issuanoe-C)! sUC!h--aperm!t, Hnd substantial reliance on its issuance, ean there be any defense to the application of a code change on a pending developlllent. This ordinance sect.ion incorporates t.he common law on the subject. ,o~ the above satisfies your inquiries, :1. am, 'lery truly yours, /7 ?~;?-Z/ Sandra M. Stuller City At.t.orney SS/pk co: rtacy Standley . 6? c-<Pa";;1'P---n.- L~/ .--- ~, l. '.~ . .' v' ./ uJ"f'-' ._" .~ '... \'\ ( ~.\i 1~'Y . ~y .y"', U' ~ fit-. ~" \Y (\ \ V ,,---y"IA - .~~. . ""If l~) \ 1 G C\ pJ,t- \J(., G' 1"'. ,c)L ( ~y~ . ~ NOTICE OF PUBLIC HEARING ,- "" Case No, 76-8 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTME~~ TO ALL PROPERTY OWNERS 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 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 v4riance 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 owners and others affected in deciding whether to grant or deny the request for variance, The particulars of the hearing and of the reques ted variance are as fO.llo\-1s: Date and Time of Meetin~: Date: Time: June 3, 1976 4:00 P.M. Name and address of Applicant for Variance: Name: Address: Aspen Sports, Inc. 408 East Cooper Street, Aspen, CO 81611 . Location or descr~ption of property: Location: 408 East Cooper Street Description: Variance Reguested: Appellant is requesting approval of second story addition to its sports store (Aspen Sports) for additional retail and office space for the store. The proposed addition will consist of 3,466 square feet, including 549 feet storage space. Efforts to obtain approval have been continuing since ~illrch, 1975. Recently, Aspen Planning and Zoning Commission has recommended addition of 2:1 exterior floor area ratio and 1.5:1 interior floor area ratio. The proposed addition meets the re~uirements of the 2:1 FAR, excluding Duration of Variance: (Please cross out one) (cont'd on back) ~el\ll"e*"-B*"Y permanent THE CITY OF ASPEN BOARD OF ADJUSTHENT BY C ~ 13 /~/).o9-Y\ Chairmnn ~ ~ IXr- . c~ \\ )'! 0" r . ~ ~J' C-,' ~~Ni ~ cv'~ CITY OF ASPEN '(V 0ll, \ I :~ () sou t h g a I e n a ~ at'" asp e n ~ co lor ado \)' ~ '''' ...., ...~' street 81611 Hay 26, 1976 Dear Adjacent Property Owner, You received in the mail a form stating that Aspen Sports has applied for a variance from the Board of Adjustment for approval of a second story addition to its sports store for additional retail and office space. The meeting which was scheduled for June 3, 1976 at 4:00 P.M. has been cancelled due to a lack of a quorum. The Board will meet again on June 17, 1976, at 4:00 p.m. in the City Council Chambers to discuss this variance request. If you have any further questions regarding this matter, please let me know. Sincerely, j;J,}~, jY) -I~L1~ Libby ~J. Klym II Deputy City Clerk o ~ '. VARIANCE REQUESTED (CONT'D) storage, but not the 1.5:1 interior F.A.R. recommended by P&Z. The proposed addition is necessary to retain a centralized location and provide sufficient service area for our customers. It should be pointed out that the other buildings in the block are two stories and that this expansion is not for the purpose of creating additional density. The proposed addition will incroach into the imaginary view plane, but in fact there are buildings which intervene between the Wheeler Opear House and the Aspen Sports store, and the proposed addition will not interfere with the present view. Further, the present building was originally constructed, at additional expense, to allow for this proposed second story addition, which is necessary at this time. .