HomeMy WebLinkAboutlanduse case.boa.611E-Durant.020-75
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CITY OF ASPE:l
DATE -::5c:.P 7- vi 6/ /97 S-
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APPELLANT .L//TA:-C AI E~-<./.5
CASE NO. -/5-- 2 0
ADDRESS &,// C /)lj~~
'OWNER /?I/LL/P Hc>t/~E:
ADDRESS
_ cp c~1<'
C9 X .cPo 0
9798# ****ZO.OQ
6v c?tyL 6
LOCATION OF PROPERTY
(Street & Number of Subdivision Blk.. & Lot No.)
Building Permit Application and prints or any other pertinent data
must accompuny this application, and will be made a part of
CASE NO.
75 - ).JJ
The Board will return this application if it does not contain all the
facts in question.
Description of proposed exception showing justifications:
V J1.e/tJ,A.JefG . H.I!- /Y/2/J1/T r()~
0. jU ~/E.e... ~L.l4/ Pt3 e Ie
O//T9PC 8~
Will you be represented py counsel? ~. No
. SI~ ':U<~
Appella
Provisions of the Zoning Ordinance requiring the Building Inspector
to forward this application to the Board of Adjustment and reason
for not granting permit:
APPLICATION IS MADE FOR A BUILDI~G PER~IT TO BUILD AN ENCLOSED
BAR SERVING AREA ON THE UPPER SUN DECK,
The existing building is in an area that has been designated
as a specia~ly planned area on th~ Zoning District Map, .
All development in such areas shall be pursuant to a fully
approved site plan" No approved site plan has been submitted,
Sec. 24~7.1 Specially Planned Area,
Chief Building Inspector
Status
PERl-lIT REJECTED, DATE
APPLICi\TIO:-J FILED 9- 2 ~ -7S'
Mi\ILED 9-cJ r - 7 5'
DECISION
DATE
Di\TE OF IlEi\RING /0 - <1- 7 S
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Case No.
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NOTICE OF PUBLIC HEARING
75-20
BEFORE THE CITY OF ASPEN BOARD OF ADJUST}ffi~~
TO ALL PROPE~rY 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.
you-views by letter, particularly if you have objection to such variance,
as the Board of Adjustment will gi.ve 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: ~\3.. 1975 ~~' 8dobe..e..> J~IICt75"
Time: 4:00 P.M. City Council Chambers
Name and address of Appli5ant for Variance:
Name: Little Nell
Address: 611 E. Durant Box 800, Aspen
Loc.a i: iO.E!..~r:c-"~e.~ <;. J: i 11 t iO:},.o..L.EE~22.f.t:":L:"
Location: 611 East Durant
Description:
Variance Requested: Variance for perm1."t for outs1.'de ba d
:liITii"'---"" --.- r on upper sun eck
BU7 1.ng Inspector's statement: application is made for a building permit"to
~u1.~d an enclosed bar serving area on the upper sun deck. The eXisting building
1.S 7n an"are~ that has beeD designated as a specially planned area on the
zon1.ng d1.str1.ct ~ap. All development in such areas shall be pursuant to a
fully approved s~te plan No approved sit 1 h b - "
Duration of VDrlance: ~Please'"-cross OUl: EOrR>ln as een subm1.tted. Sec. 24-7.1
Specially Planned Areas.
lfm{J1(i~XlX'lJ
Permanent
THE C n.T OF ASPEN BOARD OF ADJUSTHENT
BY ~~ ~h~ ~_.
Chai~
LEGAL NOTICE
Notice is hereby given to adjacent property owners of the
Little Nell, 611 East Durant Street, that the Board of
Adjustments meeting scheduled for October 9, 1975, 4:00 P.M.
has been rescheduled to October 16, 1975, 4:00 P.M., City
Council Chambers.
/s/ Kathryn S. Hauter
City Clerk
published in the Aspen ~imes October 9, 1975.
~
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}!arch 6, 197<;
City lilf Aspen
re: List of addresses of adjacent property owners to the proposed addition
to Little Nell's.
1. Aspen Ski Corporation
Bpx1248, Aspen
2. Aspen Square
Mr. Don Helmich, Mgr.
Box 1947, Aspen
Mailing list of pronerty owners to be
supplied by above to the City.
3. Aspen Alps
Mr. Gerald G. Hewey, Mgr.
Box 1228, Aspen
Mailing list of property owners to be
supplied by above to the City.
4. North Of Nell
Mr. Vance Grenko, Mgr.
Box NN, Aspen
Mailing list of property owners to be
supplied by above to 1I1e City
5. Aspen Chateau Co.
c/o Robb See
Box 4420
Mailing list of property owners to be
supplied by above to the City
6. The Kettle Corporation
Box 1149
Aspen
7. 111'. Arthur C. Hyde
7979 Old Georgetown Rd.
Bethesda, 20014 Maryland
8. Perry Pollock
Ray & Karen Kashinski
Box 950
Aspen
suite 201
9. Mr. Sandy illhnow
Glory HOle Lodge
Box 617
aspen
Page 4
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~HATEAU DUr~WNERS lIST
October 25, 1974
(
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1. Thomas Dorsey
4524 South Alton Street
En~lewood, Colorado 80110
(O) 303/2i2 Jar' {H) ,771-6790
J31-.?Ct?O
2. Or. F.W. ~allace Jeffries, III
500 Huntington Drive
Ann Arbor, Michigan 48104
(0) 313/761-0010 (H) 761-7090
3. David D, Reid
455 laudreth lane
Northbrook, Illinois 60062
(0) 312/427-8090 (H) 272-3069
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John Buchanan
6 High View Knoll
Iowa City, Iowa 52240
4. Don Williams
~J n I l-ci
Joseph V. Fara90
2820 West Petersen Avenue
Chicago, Illinois 60645
5. Bert ~'axon
411 N, Wolf Rd. (Business Address).
Wheeling, Illinois 60090
(0) 312/537-6900 (H) 675-0344
(
6. Peter O. Fetzer
Winston, Strawn, Smith & Patterson
One First National Plaza, Suite 5000
Chicago, Illinoi~ 60670
(0) 312/768-5600. (H) 945-7646
7. Earl M, latterman
1230 Squirrel Hill Ave.
Pittsburgh, Pennsylvania 15217
(0) 412/461-8100 (H) 682-1315
8. ~(?1schneider
Western Merchandisers, Inc.
Box 2384
Houston, Texas 77001
9.
(
(HOME ADDRESS)
10015 Ca ndl ewood
Houston, Texas 77042
@ 91Ltfl. c.. ~ if tlu... f?j~
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10. Donald Kolmer ... -
( 302 Farmers Bank Bldg.
Jacksonville, Illinois 62650
(0) 217/245-4516 (H) 245-4596 qJ2 let"
11. Ri~'Pd Lanman
Humber, Mundie and McClary
2021 Marine Plaza
Milwaukee, Wisconsin 53202
12. John Stephenson
9800 West 100th Terrace
Overland Park, Kansas 66212
(0) 913/362-2200 (H) 888-7821
Richard Berkshire
565 Juneberry Road
Riverwood, Illinois 60015
(H) 312/945-3723
13, William C. Grabb, M.D.
325 Barton Shore Drive
Ann Arbor, Michigan 48105
(0) 313/761-7920 or 764-3290 (H) 665-5201
C 14. Jay C. & Beverly Chamberlain
7030 ~tardust Circle
Tucson, Arizona 85718
(0) 602/882-9640 (H) 297-0352
I'll II"?
15. Ed Perlman
133 Timber Lane
Glencoe, Illinois. 60022
(H) 312/835-4767 ~' j. r
16. (J&) "d - .
7?7~ ~L-.L
60521 ~g 77 . 'iJ~ ...
(H) 654-1386 X J...(LlA<~ I [.u.u.. eft. ~"/
7.:W:'" ,;17,f '5
17. E.H. deConingh, Jr.
Mueller 'Electric Company
1583 Ea~t 31st Street
Cleveland, Ohio 44114 8'(,
(H) 216/3rt S1J~';;?3_3 ~
(0) ~/(,/ 77/- ;?.;l S-
18. Robert Schmidt
Dean Laurence
Robert Ki sch
MinneAspen Associates
Box 3686, Loring Station
( Minneapolis, Minnesota 55402
(0) 612/871-1639 (H) 537-2655
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19. Reinax Limited
c/o Max Natterer (wife Helen)
994 Riddell Ave. S.
Ottawa, Canada K2C 3H3
(0) 613/225-3730 (H) 57 Burbank Road
Ottawa, Ontario 613/825-4197
,
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,
20. Dick Shea
Shaw Rea 1 Es ta te
6911 Richmond Hwy.
Alexandr}'a, Va. 22306
- 7od/7& -$2-00
"hJ?~l'gpicer. (legal
WEi22 H. St. S.W,
Washingtop, D.C. 20024
'1~$ /5 '1%- '(,3 '1'1
21. 14.C. Avery, Jr.
545 Ridge Road
Kenflworth, Illinois 60043
(0) 312/346-4646 (H) 256-1679
matters and management statements)
A~ )
.JcL./zn-~fcy.3
c
Thomas Terrill
244 Cumor Road
Kenilworth, Illinois 60043
(0) 312/346-4646 (H) 256-1679
22. Aspen Chateaux Management Co.
Box 4420
Aspen, Colorado 81611
925-11.:J0
23.
Nick Coates
Aspen Chateaux Condominiums Rentals
Box 4949 .
Aspen, Colorado 81611
~d 0. LU?1L, 7n(~
~!:.;fi j)f3 ~~~-f)
60602 ~ ~~~ r ~
(H) 642-9131 DO,( 1017 t
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. FeblW.a/r.Y, 7975 .
NoJr.th o~ Neil. OwneJt' ~ U6.t
Apt.. No. Name and AdcVr.e.6~
2B Eugene W1;tz
Col1tinen.ta.e. Elec.tlLi.cal COn4.tJw.c.tl.on Co.
5900 W, Howand ~ee.t
Skokie, Illinoi6 60076
2C Leonand W. Koval
Qu.aLi;ty OutdooJr. Ugh.ti.ng
3535 CommeJtcial Avenue
NoJr.thbJr.ook, Illinoi6 60062
J. Thomcu, GUMel
p, O. Box 3335
A6pen, ColoJr.ado 87677
2V
2E
R, W, Owen
At:tOJr.ney at Law
Flagg, CoopeJt, HoyneJt, MUeeJt, Lo.ns 6 O.uveJt
2001 8Jr.yan ToweJt
VailM, Tew 75207
EveJte.tt B.l.c.keJrA, JJr." M. V.
lU;, 2, Box 428
Floyd Knob~, Indl.ana. 47779
HubeJr.t L. BWlgU~, JJr.,
6413 H.iU.CIl.u.t
VailM, Texa.6 75205
HubeJr.t L. BWlgU~, JJr..
64 7 3 H.iU.CIl.u.t
VailM, Texa.6 75205
Eugene Sha.p.Vw
CMC.agO SpeUaUy Manu6ac.tulUng Co.
7500 UndeJt Avenue
Skokie, I~noi6 60076
MUu AndeJrAon
2737 Bu66alo Speedway
HOU6.tcm, Texa.6 77006
ANV
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Vav.l.d V, Pt1Uf.u.6, JJr.., M, V.
70278 Ella Lee Lane
HOU6.ton, TeXa.6 77042
Telephone.
(312)677-7600 066.l.c.e
(372)498-6540 066.l.c.e
(303)925-7949
(274)742-7973 066.l.c.e
(8721945-0376
(2741528-9266
(2741528-9266
(372)674-7500 066.l.c.e
(7731622-5793
(773)623-2488
Apt. No. Nome and AddJr.e.64
Hugh Lee BakeJr. 8 Nanah B. CtJ.6ey
p, O. BOll: 124
CIW4by, TutJ.6 77532
J. M, FlUl.z.{.eJr.
1330 G.Utconda Way
TUC1>on, A.M.zona' 85704
Mthwr. VOtln Re.6n..i.ck
12821 Cap.i.:tal
Oak PaJtk, /.UcJUgan 48237
ChaJtte.6 BaJtOnde.64
Good T.{.me ChaJtteY'4 Saloon
230 W, We.6t6.{.e.ed Avenue
Roul.le PaJtk, Nw JeJr.4ey 07204
IJt.v.{.n S. Nayl.olt.
BOll:Wood Lane/R,V, #9
YOM, PenYL6Yl.vOJU.a 17402
ANV
Keilh J, N OJrma/'l
Bay Sholt.e ToweJr.4, Apt, 702
511 Bay Sholt.e VAlve
Ft, LaudeJr.dal.e, Fl.oAlda 33304
,,------. 3B c--- . Vav.{.d C, Wea.theJt.by
20 CedaJt Lane
I.thac.a., Nw YoM 14850
2K
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3A
3C
3V
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3F
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Telephone
(713)328-2745
(602)297-6239
(313)547-0133 066.{.ce
(201)245-6520 066.{.ce
(717)755-5354 066.{.ce
(3051763-8888 066.{.ce
(6071273-4841
Sehno. Feldman
"Eagl.wood"
3775 FalconeJt. VAlve
Saquel, Cali60~ 95073
LuUe Chaboy
64 AbeJt.deen Place
st, LouilJ, Mi440U/f..{. 63105
Eugene ShapvLO
Chi.c.a.go Speci.aUy Ma.ltu6a.c.twWlg Co.
7500 LindeJr. Avenue
Sko/Ue, IWno.u. 60076
NoJt..ton shMpe
3122 Fond VAlve
Enc.{.no, Cali60~ 97376'
lUcJuvr.d. W.{.c.ke.6
p, 0, BOll: 4417
A.6pen, Col.olUl.do 87617
(408)476-8037
(314) 863-4577
(312)674-7500 066.{.ce
(273)877-0773
(303)925-1797
Ap:t, No, Name and AddltU4
3H Vav.<.d IGVt6 c.henbcwm .
806 Ci.:ti.zen.6 Btdg,
Cleveland, Ohio. 44114
31 MaJr.yland A6pen A640cA.M.U
p, 0, Box 1100
RO~Rv~e, Manyland 20850
3J F~.lnR J, Wood6, III
P. 0, Box 1480
A6pen, Coto~do 81611
3K
Tel.ephone
(216)627-0800 066~~e
(3071424-8700
MIl.. s.e.a.v~n
(303)925-2684
CJuU.ge No.ylOll.
P. O. Box 2230
A6pen, ColoJUtdo . 81611
3L GeJuVr.d SaUon
221 Valley Roa.d
Ithaca., New YOM 14850
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4B
4C
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4E
4F
(303)925-3348
W~ N.i.c.ho.t4on
30 CheNty Stltee.t
Venv~, ColoJUtdo 80220
RobVLt Ii Thort1iU> GaMUa.no
5302 W. ~ond Pta.~e
Chicago, Ite.i.noi& 60600
FJt4JtR Lee CJr..iA.t, JJr.,
537 Cowp~ Stltee.t
Palo Alto, Ca.l.i.6oJr.nla. 94302
VII.. RobVLt Mann
836 NolLth 72.th Stltee.t
~Ree, Wi&COn.6.(.n 53277
SancVut T, Blake
P. 0, Box NN
A6pen, Coto~ 81671
Pa.u1. FaJr.v~
Ro.t4 cJr.een Company .
50 7 Un~o.en S.tJr.ee.t
P~tla., Iowa. 50279
Ro bVl..t Bean
Rob~n Hood Roa.d
Pound lUdge, New YOM 10576
RobVLt Bean
'Rob.<.n Hood 'Roa.d
Pound lUdge, New YOM 70576
(303)893-7862 066.<.~e
(372)622-2443
(475)327-5000 066~~e
(414)276-7700 066.i.~e
(303)925-7579
(575)628-7000 066~~e
{2031838-3907
(203)838-3907
Apt. No. Name and Addlr.e6ll
H~vey VUAand, III
25 Wu:t 481 CoNlal Ga.te
Whe.a.:ton, IWno.u. I"bl f1
Paul. F~veJt
Ro.tll clLeen Company
50 1 Unccht S:tJr.ee.t
Pella, Iowa 50219
E, J, GJr.olllle
26414 Meadowb~ok Way
Lath1r.op V.uto.ge, Mich.i.gan 48075
4N John CoopeJt Company
CheJtCkee VUb.ge
AJr.kanuu 72 54 2
4G
4H
41 ,
4J
4K
4L
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Telephone
John H, ChUdeM
1299 Knol1wood Citcle
Lake Fo~u:t, Iltino.u. 60045
V~, GeoJtge A. Hyman
203 Ea.6:t 72nd SbLee.t
New.Yohk, New Yohk 10021
Paul. F~veJt
Ro.tll CJl.een Company
501 Uncoht S:tJr.ee.t
Pella, Iowa 50219
John K.u.1l.ingeJr.
p, 0, Box 4066
MUd, M..i.zOIUt 85201
(312)295-2525
(212)737-4413
(515)628-1000 06Mce
(602)985-1330
ANV
(515) 628-1000 06Mce
(313)559-0637
Coo peJt CollfnUl1-i.t<.u, I Itc.
Route 4, Box 76
Bella. V.u..ta., Nt.k.an.6 a.6 72712
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NORTH OF NELL OWNER'S LU.t ICOImIeJrclal. Spa.eU)
Daly Construction, InCl.
Tum M.y. (iQ3) 9632161 Cl/Oi?,qNNE.t7i/l" m-e.s
'D8:1.y COlt~tittteEbSN Co. /.?'
f' ,0. aU)l; 4 ~ ~ ,. -_.__ .-.--........7" '70; 5 - :3 0 (C' . ~ p
CaJWcndQ.tc!, Cs.&s. g,~64-i C/fO jet 8'"15'<>/
Macdonald A6~oclatu,
Box 662
A6pen, Colo, 81617
Anka Abode Ado~ent4,
P.O. Box 3174
A6pen, Colo. 81611
(303) 9251054
Un.i.COIUl Boo 11.4 , (Inc.
p,O, Box 2540,
A6pen, Colo. 81617 .
(303) 925 7500 .
Ho~p.U.a.l1.;tv, Inc.
P.O. Box NN,
A4pen, Colo. 81611
(303) 925 3821
Dav1d and Mar 11yn Miller
P.O. Box 10250,
West V11lage, Colo. 81611
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UNIT NUMBER
OWNER NAME AND ADDRESS
UNIT NUMBER
OWNER NAM~-A, ADDRESS
1
Berneva Mabel Fisher and
Louis James Fisher
1629 San. Gabriel Avenue
Glendale, CalIfornia 91208
and
Arthora J. Gilbert and
Wallace G. Gilbert
7348 Rio Hondo Place
Downey, Cal if.
322
Sawyer Investment Company
c/o Interwest Corporation
Attn: Property Management
875 Donner Way
Salt Lake City, Utah 94108
323
Continental Travel Bureau, Inc.
c/o Paul Basbagill
1619 West Belmont Avenue
Chicago, Illinois 60657
2
James J. Woodbury and
John D. Woodbury
1325 South 72 Street
Omaha, Nebraska 68124
324
William H. Nelson
c/o Nelson, Groves, Hoskins &
prinster
Box 40
Grand Junction, Colorado 81501
",
3 Bereva Mabel Fisher and
Louis James Fisher
1629 San Gabriel Avenue
Glendale,-California 91208
and Arthora J. Gilbert
Wallace G. Gilbert
7348 Rio Hondo Place
Downey, California
~;~~-k~,. ,
()iO "IN ~ 1--1 tj.j;.g.f A ~M t:Atvd' ~I ~ V~.
. \ q t K I'll WfV [tIlN ~~IJ}..
()A~I-A~ r u., k! r.
402
wnliam Edwin Irvine and
Sally G. Irvine .
Box 1011
Saratoga, Wyoming 82331
Graham Hatfield and Gwen Hat-/
field
c/o H-H Tool and Supply Co.
317 South Street FrancIs
Wichita, Kansas 67202
401
403
Ernest H. Heydt, Jr.
216 Summit Avenue
Jenkinstown, Pa. 19046
.
UN I T NUMBER
OWNER NAME f. .J ADDRESS
404
Hlldegard Hattie
Box 10368
Honolulu, Hawaii 96816
'.
412
Robert J. Jeffery and
Barabara S. Jeffery
761 Glendenning Way
. San Bernardino, Cal. 92404
405
413
Scott G. Kleiman and
Gai 1 W. Kl eiman
3979 Plumcrest Drive, S.E.
Smyrna, Georgia 30080
406
Maria R. Kreis and Robert
R. Kreis
240 Central Park South
New York, New York 10019
S. Faye Berglund and
Anne M. Berglund
108 Glen Woodie Street
Jo I i et, 111 i no is 60435
414
Wal ter Ki rch
Box 1937
Vai I, Colorado 81657
407
T.H. Wilson
c/o Hodge Companies, Inc.
1955 Mountain Boulevard
Oakland, .Calif. 94611
415
Jay M. Utter
Box 536
Vai 1, Colorado 81657
408
William Perry Uncapher
Box 2127
La Jolla, Calif, 92037
. .
416
William J. McGanity and
Mary Kathryn McGanity
1402 Harbor View Drive
Galveston, Texas 77550
409
Gertrude Stretton
333 East 43rd Street
New York, tlew York
410
Harris A. Thompson and
Laurene J. Thompson
c/o Thompson Respiration
produ cts, Inc.
1925 North 55th street
Boulder, Colorado 80301
417
Mrs. John D. Gray, nee.
Betty Ann Milligan
480 Vo 1 tz Road
Northbrook, Illinois
60062
418
Sandra Herron
Box 371
Sun Valley, Idaho 83353
411
Joseph Ross
c/o Ross Aviation
Riverside Airport
Tulsa, Oklahoma 74107
419
420
Ginn Biesenbach
120 Madison Avenue
Reading, Pennsylvania 19601
421
Roger and Mariann Zen son
Apt. 0-2, M.C.B.,
Quantico, Virginia 22134
422
Marion S. Roberts, Jr.
214 Austin National Bank Bldg,
Austin, Texas 78701
423
S. Sherman Steinberg and
Marian Steinberg
103 East 84 Street
New York, New York 10028
424
Stuart Lerman and
Arlene Z. Lerman
4707 North Bay Road
Miami Beach, Florida 33104 ~
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UNIT NUMBER
OWNER NAM[ ~D ADDRESS
UNIT NUMBER
OWNER NAME-AI"" ADDRESS
306
Norman Spivock
c/o Munroe Spivock
(Wishire Co.)
440 Grand Avenue Suite 208
Oakland, Calif. 94610
.214
215
Ki rk Ward and
Carlos Anderson
c/o Carlos Anderson
Av De Los Alpes 1374
'Mexico 10, D.F. Mexico
307
Herbert L. Bacon and
Lau ra May Bacon
c/o United States Bank
Fourth and Main
Grand Junction, Cvl. 81501
Mark A. Bradley
3270 Lake Shore Drive
Chicago, Illinois 60657
Mr. Peter Belsky
Stanalchem, Inc.
299 Park Avenue
New York, New York 10017
Brigitta West
15 West Sunset Drive
Redlands, California 92373
Russell L. Browning
706 Corlett Drive, S.E.
Huntsville, Alabama 35802
Louis H. Toth
6033 North Sheridan Road
Chicago, Illinois 60660
216
Gloria June Russell
207 West Clarendon
Phoenix, Arizona 85013
217
Ronald B. Rader
2100 penetscot Building
Detroit, Michigan 48226
308
309
218
Fred H. Dill and Ann Dill,
t owners as joint tenants
as tenants in common with
Gary F. Thomson and Sara
Thomson
411 Brookside Avenue
Redlands, Calif. 92373
310
311
219
Nicolas Russell
Box 4
Cold Spring Harbor,
New York 11724
312
220
Albert A. CheramIe
139 Cheramie Lane
Golden Meadow, Louisiana
70357
313
314
Ma rci a Rothb I urn
227 Seaman Avenue
Rockvi II e Center
,
221
Kip Plaissance
P.O. Box 518
Golden Meadows,
Louisiana
70357
New York
11570
315
316
Marcia Rothblum
227 Seaman Avenue
Rockville Center
,
222
Jackson A, Smith and
Barbara B. Smith
539 Hawthorne
Glen Ellyn, Illinois 60137
New York
11570
317
Julius J. Valpore and
Marlys Valpore
via Salsomaggiore
Rome, I tal y 00135
223
Ea rl K. Berkey
P.O. Box 311
Somerset, Pennsylvania 15501
224
Thomas C. Gable
1125 Gulfview
Dea rborn" Mi ch i gan 48128
318
,
Anthony Purcell
3100N.E; 49 Street
Royal Mariner, # 1002
Fort Lauderdale, Florida 33308
Elizabeth S. Macmillan and
Whitney Macmillan, t interest
as joint tenants with right of
su rvi vorsh i p and'.
Henry M. Baskerville, Jr. and
Mary S. Baskerville
1560 Fox Street
Wayzat9,Minnesota 55391
301
Edward W. and Peggy Ann Hine
1123 Alton Road
East Lansing, Michigan 48823
~, .'
319
302
Kreitz Corporation
P.O. Box 375
220 Park Road North
Wyomissing, Pennsylvania
19610
"
303
Thomas Anthony Coron
1423 - 36 Street, N.W.
Washington, D.C. 20007
320
Francis L. Boyd III, Family Trust
Box 130
Snowmass, Colorado 81654
Margaret Moffat Young &
Deb ra Dowdn ey
c/o Seth Hubba rd
Box 660, Riverhead, N,Y.
11901
304
Judge Mel. Jiganti
Civic Center
Chicago, Illinois 60602
..
321
305
Munroe Spivack
c/o Munroe Spivock
(Wishire Co.)
440 Grand Avenue, Suite 208
Oakland, Calif. 94610
T.
UN IT NUMBER
OWNER NAME ANu ADDRESS
UNIT NUMBER
OWNER NAME AND ADDRESS
34
Robert J. Welsh and
Beverly J. Wel sh
P.O. Box 528
Rancho Santa Fe, Cal. 92067
23
John C. Taylor and
Marianne K. Taylor
340 Westwood Drive, North
Golden Valley, Minnesota 55422
Margaret Joan Shultz
c/o Mrs. Fred Cliffod
Sugarloaf Star Route
Boulder, Colorado 80302
35
Richard G. Stevenson and
Elizabeth B. Stevenson,
his wife, as co-trustees of
that certain Declaration of
lust executed on April 16,
1973
24
25
Robert S. Ogilvie and
Lois G. Ogilvie
1354 Plaza De Sonadores
Santa Barbara, Cal ifornl'a 91206
36
Vincent G. Bradley and
Marjorie Bradley
769 Lombard
Evansvi lie, Indiana 47715
26
Richard Wohlgemuth and
Jan i Woh I gemuth '
1040 Avonoak Terrace
Glendale, California
201
Phillip F. Hallahan
2 Bernie Avenue
S ringfield, Mass. 01603
and
Charles R O'Connor, Jr.
507 S. Hampden Road
Westfield, Mass. 01085
27
Charles G. Dibrell, Jr. and
Francis Michalke Dibrell
c/o Dibrell, Dibrell, Greer
& Brown
One Moody Plaza
Galveston, Texas 77550
202
203
Hoyt P. Steele and
Nancy P. Steele
1052 Oenoke Ridge Road
New Canaan, Conn. 60840
28
Dwight W. & Scott W.
Arundale
P.O. Box 704
Kensington. London W7 5RH,
England
204
William R. Fudge and
Edith R. Fudge
4201 Pommel Place
West Des Moines, Iowa 50265
29
Ann Dill and Fred H. Dill
,
an undivided t interest as
joint tenants.
Charlotte H. Dill, an
undivided t interest
411 Brookside Avenue
Redlands, California
205
Robert M. Nei der
7493 South Quince Street
Englewood, Colorado 80110
206
Fred Ma rt in and
Ruth Ensberger
250 Old Mill Road
Pittsburgh, Penn. 15238
30
Joan H. Kelso, individually
and John H. Kelso and First
Hutchings-Sealy National
Bank as co-executors of the
Estate of Alvin N. Kelso
,
deceased, Probate Court in
and for the County of Gal-
veston, State of Texas,
Probate No. 33815
c/o Trust Department
P.O. Box 1500
Galveston, Texas 77550
207
Vernon George and
J. Lee Sammons
5025 East 6th Ave. Parkway
Denver, Colorado 80220
208
Reinhard A. Westphal and
Toni A. Westphal
2975 Rockford Dri ve
Columbus, Ohio 43220
209
Robert W, Shraeder
246 Milburn Street
Rochester, New York 14607
31
Robert Lloyd Smith
4305 Kaidoo Place
Honolulu, Hawaii 96816
210
Steven K. Iverson and
Gl enn A. Wri ght
640 West 14th Street
Tulsa, Oklahoma 74127
32
William B. Stevenson
385 Grand Avenue
Oakland, California 94615
and
R. Duncan Tonningson
c/o William Stevenson
385 Grand Avenue
Oakland, California 95615
211
Graham A. Rogeness and
Ruth Ann Rogeness
748 Lees I ey Road
Riverside, Illinois 60546
212
Marcia Rothblum
227 Seaman Avenue
Rockville Center, New York
11570
33
Estate of Richard S. Waterhouse
c/o First Hawaii Bank Probate
P.O. Box 3200
Honolulu, Hawaii 96813
213
Edi th B. Fehr
294 Round Hill Road
Greenwich, Conn. 06830
,~' '"
Burton Gordon
Columbia National Bank at Chicago
5250 North Harlem Avenue
Chicago, Illinois 60656 # 1 01
Mass .Co Investment Trust
c/o The ~assachuoetts Company, Inc.
100 Federal Street #
Boston, Massachusetts 02110 102 & 105
Dr. David Kramish
797 Ivanhoe Street
Denver, Colorado 80220 #103
Dr. Samuel Silverstein
325 lCast 79th Street
New York, New York 10021 #104
Mr, James P. Brown
TRW Inc.
1 Space Park
Redondo Beach, California 90278 #106
Max Pincus
1300 12th Street
Detroit, Michigan 48216 #107
Francis Wilson, Jr.
70 Locust Street
Winnetka, Illinois 60093 #108
Dean lCmerson, Jr.
33 Saddle brook Lane
Houston, Texas 77024 #109
John R. Black
810 Empire Life Building
Dallas, Texas 75201 #110
Don Simicheck
741 West Creekside Drive
Houston, Texas 77024 #111
Ernest Burch
P,O, Box 361
Harrisburg, Pa. 17108 #112
Louis Marcus
3201 Old Post Road
Pikesville, Md. 21208 #113
Harold L, Lewis
A & L Livestock Exchl3l.nge Building
Sioux City, Iowa 51107 #114
Dr. R. V. Colpitts
703 The Medical Towess
Houston, Texas 77025 #115
Dr. Fred Hansen
1007 East 40th Street
Austin, Texas 78705 #115
Gene Van Dyke
Van Dyke Oil Company
400 Southwellt Tower
Houston, Texas 77002 #116
.,.,.~'......
Mrs. Clarence Markus
Rural Route #2
Kearney, Nebraska 68874 #200
Mr. E. M. O'Herron, Jr.
1111 Hawthorne Lane
Charlotte, North Carolina 28205 #201
Maco Stewart
207 Stewart Building
Galveston, Texas 77550 #202/211
George Pillsbury
1320 Bracketts Point Road
Wayzata, Minnesota 55391 #203
John Pace
2050 Transco Tower
Houston, Texas 77027 #204
Ed Jennings
620 F. Manzanita Place
Phoenix, Arizona 85020 #205
W. D, Eberle
1909 K Street, N. W. Suite 300
Washington D. C. 20006 #206 & 210
Cutler Umbach
Suite 133
3166 Des Plaines Avenue
Des Plaines, Illinois 60018 #206 & 210
Robert E. Fowler
4837 Prickly Pear Lane
Scottsdale, Arizona 85253 #207
McCulloch Properties, Inc.
10880 Wilshire Boulevard
Los Angeles, California 90024 #208
Fred S. Thomson
Dellason Inc.
P,O, Box 190
Colton, California 92324 #209
Dr. Muriel Buttinger
Brookda1e Farm
Pennington, New Jersey 08534 #212
Dr, Robert T. Canon
1312 Main Street
Lubbock, Texas 79401 #213
Martin F1ug
Suite 5204
60 Fast 42nd Street
New York, New York 10017 #214
Alexander J. Vogl
Wilton Corporation
2400 East Devon Avenue
Des P1aine s, Illinois 60018 #215
Arthur Rock
1635 Russ Building
San Francisco, California 94104 #216
,....
I' "
,.-,
Mark C. Smith III
Crismar Corporation
4948 Chef Mentaur Highway
New Orleans, Louisiana 70126 #801
H, p, McIntosh IV
McIntosh Enterprises
Laguna Seca Ranch
Monterey, California 93940 #802
Edward O'Herron, Jr.
1111 Hawthorne Lane
Charlotte, N. Carolina 28205 #803
Craig M. Rowley
7 Hibury Drive
Houston, Texas 77024 #804
C. Peck Hayne
1220 Second Street
New Orleans, Louisiana 70130 #805
William Trotter
1 Cromwell Place
New OrLans, Louisiana 70118 #806
FItter McGuire
12820 Hillcrest Road
Suite 211
Dallas, Texas 75230 #807
Albert Small
1 025 Connec~icut A venue
Washington D. C, 20036
NW
#808
Arthur Rock
1635 Russ Building
San Franr.isco, California 94104 #809
('.""',
~
.
CERTIFICATE
STATE OF COLORADO )
COUNTY OF PITKIN ) ss
CITY OF ASPEN )
I, Kathryn S. Hauter, City Clerk, in ani for saii State,
County and City, do hereby certify that the foregoing is a
>... ....'.' ~
,'1.;
true, perfect ani complete copy of the minutes of the
City Council, City of Aspen, September 8, 1975, and
September 22, 1975.
as the same appears of recori in my office.
WITNESS my hanl ani official seal this 16th
iay of
october
, 19~.
\' r~ .i .d.diZ
.. ty C1erk
Deputy City Clerk
SEAL
; ,)
-
,~ '\.
"
,
]k ~llla; r.1<:'c.ting
r: I:, j tv Council
Soptcmbr'r 8, 1975
Mayor Sturl(ll~'.y callQd t.:.hc' llh:('Linij to urdcr at 5:09 p.f'1.. v:iL:i Cuull(:ilmcmbcu; Hchrcndt,
.Tohnstoll, P"rTY, l'L'(l('r~~l':l, ('jl'i r..i,., ',-'!- H.Jholley and City .\l.\-()!-!I('Y Stuller present.
ACCOU:
.'dlf,E
COUllci 1
Oll Hundciy,
Ii' .-Jo1n ~;i,Jn :;did hQc.Ju~-;(' the."" ~()u]]Ls
~;ll(' vJuS not in u posi lion to apl,rc.Wt'
pdyablc l;;,d l).ol ht~cn received unti 1 Jluon
them.
Councilwoman Johnston moved to table the accounts payable until the next meeting; seconded
by Councilwoman Pedersen. All in favor, motion carried.
CITIZEN PARTICIPATION
--" -,---_.,------------
l)Jo~E~phine l"1ann,1550 Homestake Drive, presf'onteu to CounciJ three of five petitions that
are circulating in the Castle Creek, Cemetery Lane, Snowbunny Lanes areas for a stoplight
at Cemeter.y Lane and HigtMay 82. Nann told Council the response to this idea has be8n
enthusiastic. Mann told Council she was bringing this to Council to (1) let them know
this is being done (21 to see if Council has any comments before the petitions are sent
to the state department of highways.
Councih~'oman Pedersen said she would have second thou<]htf~ about a stop light from t.raffic
controJ problems in that. area close to Lhe brid<je. A stop light would cause traffic to
back up on the bridge int_o tOyJn as well as on t_hE.' hi~ilMay. Mann said they were doing
this to let Council and the state know of i_heir problems.
Nayor StandJey pointed out this was the first time that. Council had heard of this. Mayor
Standley said he did not think it was appropriate for this group to send the petition.s
to the st<J.te highVlay departmEmt. Mann should bring the petitions to the City and let,
the City, County and planning office respond "La these citizen's concerns. Mayor Standley
suggested b:d rging in the highway department to discuss this problem.
COUIIJCILr.1E!>IP.!~R COMMENTS
-~~-,.-
1) Councilwoman J'ohnsLon told Council that the ETF had asked that the City look into
whoever W<1S selling v.'olf cubs. Councilwoman Johnston asked if it: was prohibited to
sell endClngered species. City At.torney Stuller answered t~h<1t the person who was selling
these wolf cubr. was gone, and the specific type of vlOlf cub that \'las for sale was not
an endangered species.
2) Councilwoman Johnston said she had been to look at the Children's Park. Basketball
nets and cement. slo.bs are there, but there is no equipraent for small children uS outlined
in the original plan. Par].:s Director Ted l\.rmstrong told Council that the equipment had
been ordered and was here; it needs to be set in cement and posts have to be> dug and it
has to be assemble>d. Hayor Stand ley told }I.l~mstrong and Ci t.y Hanager Hahoney to have
thj s proj ecL exped i t.cd and get the equipment assembled.
J
3) CouncilvlOman Johnston asked what is being done Cluout tILe lighting at the Rio Grande
Property. Je"lity Manager l-iAhoncy said jt would be finished this fall.
4) counci.lman Behrendt asked hov7 the study on picking up Cuts was comjng. Chief of
Police Hershey told Council they were doing the study on the costs of picking up cats,
and it should be done the end of the week.
5) Councilwoman Pedersen pointed out that tho cargo net in Ute Park was not in very good
condition. It should be taken dOvlD and repaired'or a new one purchased. Armstrong told
Council that this cax-go net had been a gift. lIe would cont_act the person who gave it.
to the park. Otherwise, Armstrong said he v,'QuId see that it. '-'hlS taken down.
6) Councilwoman Pedersen asked what the schedule was on the Rio Grande property, what
the next step would be. City Manager Mahoney told council he had asked for $1,500 to
do some gravel work on t.he property. When the City gets the Jo.rawlcr/c1ozer, the ci t.y
and county will finish the work. Mahoney said he had not planned to do any heavy seeding
on th~ property this fall.
7) Mayor Standley told Council of a workshop on Innovati ve 'l'echniqucs for Managing the
Impact of Development on October 1 - 3 at Keystone. Th~ various areas will be legal
aspects for permit system, recreation development, rural economic developments areas,
ct_e. Mayor Standley will have the brochure in his office if anyone is interested in t.his
workshop.
8) Mayor SLandley told Council he had received u letter from TIcprescntativc Nancy Dick
regarding the City's investigation of bur1dng utility wires and Hountain Bell. Dick
sent il copy of Senate Bill 303. Cj ty AttOL"llCY Stuller said that bill had been an
clcJ:lcnt in all the discussions, but t.he City had decided not to apply it.
9) Mayor Standley told Council htl and City Mc:n.nCjer Mahoney had met with Colorado
University president Hanten'strauss and Lymbcropol1.u;, dean of continuU.ng education.
'I'hcy had discussed cu movjng to .tbc Institute. CU is still planning on hLlving a
graduLlte school at the Institute ccllnpus. ThF'/ hope to have the whole plan together
by the first of Octoher. r.1C1yor Standley told COllncil he had brought IIp the question
ot kccpinq the univc'rsity from cX0rcisiJl9 sup(:r-govermllcntal preroqulives over local
zoning. IVtulC!1,~t:l-;lU::-;:-) ~;,]jcl thCJ.t if ilnd \.-11"1' j 11" I'Tliv,.t";ity do('s taKe title to Uw
{lrop<"rty, he will .:lsL the rC\lcnls to' d~ ,Lt 1', il ,pp.C'('illCj to cO]llply with Llll
local zoning ordinance~;. This is tlw slroJl<j(';;t CUIIlllli tlll\..'lll they can take. CD also
said they would let Uw City fin.ish the trail through the Institute prop,o.rty.
]
N.lyor Standley pointed out thnt Cu as a non tax-p,JYlllg member of the conulIunily, thC'y
are not payjng lheir shuTe. CU would like to di~;cW;5 WilYS to provide in-kind or
directioll contributj(lnS to local sel"vices.
1'"
~,
1<:.. '
. ~ "'. !
n,:'qular r.Jecting
'L'.jt'j Council
September 8, 1975
Ni\MHJG OF ~;r.: 1"; ;,Hj(; l'O;~]j I'l\l<f(
-- ---- ----.-- -.---
!' J"I.~jl. :1, l'l"l.:;idc'llt of till' I\~;pt~n l1i~;toJ ',11 :<u,-j,,!\', LoJd Cou~lcil this p~lrk
.. Ull" sitl: Cd U]~~ OLi~)jllal Sd\,'TIl.lll run h}' ,lc-!"Ini .",.I.~lr. T1H' ^SpC'1l lli~;torjcu.J Society
I;; t"VC()liIlWcndjn'J the pdtY. DC l1uP.1cd, "J~'nllic ,vLtjj :;;I',,'lili l1 Park." t:C'xt year the JLlstorical
Soci(>ly will place u marker on this site .,.lit.h hj,-;Lorical buckground information.
Councilman Behrendt moved to designuLc the parK, "Jennie Adair Sawmill Park"; seconded by
Councilv.lolllal1 Pedersen. All in favor, motion carr i,,~d.
2..-PEtJ DOOH - Expe~imcntal Budget Hequest
Paula Dcrc,vel1sky, Co-ordinator of the Open Door rnogram, told Council that the Open Door
staff W.::lS finding neH needs in the conuuunit_y ,md trying 1.:.0 adjust their program. Open
Door is asking for u. paging system for six months. This paging system costs $30 per
month. Mayor Standley explained that these paqing systems were rented monthly, and
one could cancel anytime after 30 days.
Councilman Behrenc moved to fund t~his budget rC(juest through the end of the year;
seconded by Councilman Parry. All in favor, molion carried.
RESOLUTIQ.ti----.!l~-L..SE!~~l~~; OF 1975, In Support: of Hail 'l'ransit
Hayor Stnndley told Council t.hat, UNTA wanted Pi tkin County to show hm" the local funding
was going to be done; then UM'l'A vlill decide ,dlether they will give Pitkin JCbUIlt_y the
federal grant funds. The two ski corporations h"tve now agreed that the rilil alternJtive,
in thc long run, is probably chcapei: than the' bus ulternalive and have ugreed to
contribute to the transit system.
i Nayor Standley told COllncil the City1s no-quest is for $200,000 for the capital mat,ching
. fund which is 20 per cent of the tot.Ell gran1~ divided umoung five groups. The cityl s
share can be in-kind; donation or rights-of-way, use of ci1:1' equipment, or cash.
Schedule C <11so reCJuires thu."t funding be set up so that the, City contributes '$~_l7 ,000 i:'
on going per year. J':i1J'or Standley told Council that if the JC\i_ty endorses the application
to UMTA, t~he City wou] d be willing too use schedule C as guide'lines in allocating the
Jaity cont.ribution to the program. ~!.'he funds mu;_~t be appropriated by ordinance, which
would require a public hearing. If the grant is given to the county, this question will
be put to a county-wide election. No funds will 'Ue dispenGcd until this is ratified by
the electorate at large.
Hans Gramiger questioned the entire rail t.ransit question ,md the Citizens report. He
also quesLioned Mayor Sta_ndley I 5 conf 15.ct of interest with regard to Li tt10 Annie Basin.
Francis Whitaker t.old Council he \,ould like to suppo:t:t. thj s resolution v,1ith a previous
one in 1972, Hesolut_ion 19, which \.'a,5 made beCi":iUSf' the terms of the ordinance appropriating
the seventh penny were not as clEar as Council v.'anted them to be.
Councilwoman Johnston moved to read R(~solution IDG, Series of 1975; seconded by Council-
man Parry. All in favor, motion can:ied.
I
I
WHEHEAS, the Citi_2chs 'I'ransit Design Committee has issued its "Light Rail Transit
~ystem for pi tkin County, Communi t~y Cri toria and Reconunenc1alioIl for 1"in.::ll Design", which~
report propos-es an allOcation sCI211ario for the "one-time" contribution for the twenty
(20%) per cent local share from private and public agencies to accumulat.e the required
$2.4 million local share of the reqU:e,~ted UM'l'A gra.nt, and
WIIEHEAS, ScheduleJ tof the. tabulation has been found acceptable by various
agencies, including the Aspen Ski Corpol"ation, and Pitkin County, in support of its
UN'l'A grant: application, is 'seeking the commitnwnts of High] ands, Snow-mar;s and the Ci ty
of Aspen to the contribut.ions attributed to each in Schedule C, ilnd
WHEREhS, the City CouncU Vlishes to make of recen-d iLs endorsement of the UMTlI.
grant application and do so by committing Uw City to the contribution of TvJO Hundred
Thousand ($200,OOO.OO) Dollars, as i-lJJt.icip"ted jn Schedule JO,.
NOW, THEREFOlm, BE IT REGOINED BY 1'IlE CITY COUNCIL OF' THE CITY OF ASPEN,
HESOLUTION #36
(Series of 1975)
COLORADO:
1. That it does hereby endorse the application of Pitkin County for UMTA grant
funds for implementatiun of a light rail t.ransit syst.em.
2. ''chat it. d0'25,pledge, over the fiscal.years 1976 and 1977, the amount of
Two Hundred 'rhuusand ($200,000.00) Dollars as its "one-time" contribution fer the- twenty
(20%) per cent local share required by UMTA 'from private and public agencies, such conUl1J.t-
ment being lTI.::Ide, however, with the understandinq that::
(a) iu; contribution may be mod~ ill cash or ...,it"h .in-kind services,
(b) H~~; contribution is conditioned upon like contribution by the Ski
Corporation, Highlands, SnO\\'1l1<lSS an<.l Pitkin County of the amounts attributable
to each in Schedule C of the alloe-aLien scenario founo on Pages 171 and 172
of the Ci,t_izc~ns 'Transit Design CorrJTlitt:ef, report doscribed ahove, and
(c) i,ts contribution must be fonn,Jlly ilpprovcd by ordinance or
resnlub on or other procedures rGlulred by local 1<:1\<1 for final appropriation
or funds.
3. That the City Council reaffirms il~j
to submit the CjC: ;L ion of t]l\~ rail transit system
VOVT apprOVd 1 u:. the Plojcct. ~'l<lf; I.'cud by the
intcnUon, if the UH'l'A grant
to a C'Ollllty-wj<le election Lo
city cll'r-K.
is given,
assure
Councilwmodn Johnston moved to adopt HesolutiOl{ #36, Series of 1975; seconded by Council-
woman Pedersen.
Councilmdn nehrendt asked
the county-wjd0 c]eetiol1.
;Jd'Jt'rti,~ill'_J C':'J1~~IJ,-li{-'ll lik/.'
f)ositioJl OJ} rui] Lrallsit.
if the Cornrni~}~;jon(::r.s inb~ndcd to do large scalc advertising for
Co:nm.i :;siorH"'I~ t(h:C1rcL.:; 1-c](1 ('Oll[leiJ thc'y "..'{'U),1 H0L hilvC! an
tll(',/ did iOl' till' {'liy t'l"<.:Li<.."I. 'r11<..-' Coullty h'ouhl state their
MClyor StiJndlcy ~;1:d Lcd h(~ did I1'JL have il coni licL of interest
-).-:1 i:
.,......"
"
Hc,~Jul.J.r Hceting
Aspen City COUllCil
Septemher 8, 1975
as far as Little Annie Basin V.'as concerned. Hayor Standley was doing an economic and
physical feasibility study, not addressing light rail or ~ny~lling else.
All ill favor, motion carried.
'T'H../\ILS CONnEHNA'l'ION
!'>layor Standley told Council that the County was requcsL'.:d to bring in the trai Is they
.....antec1 the City to join the.n in condemning t_hi~. fall. Commissioner Edwards told
Council the Commissioners and the Council were attcmptirJ9 to work out mutl1al problems
involved v,lith the trails. The problem i~; \'.'ho 1Hn.i.ntain~'i and supervises which txails.
Edwards told Courlcll that after a study session disl:ussion, tIle City agreed to take
responsibility for parks maintenance in th(~ county; the County would take supervision
of the trails system. '1'he City also agreed to join with the County in trail cono.emna-
tion within the City limits. 'j'he Countyl~; attorneys have said that the County can
condemn trails within the City limits; however, the County vlCmld ljke to City to join
with them so there will be no (louut. _Ed.......i)n1s s.:tid Ull~rc are some Jinks tho County wou.ld
I ike to get huilt~ this year t.hilt mnY hav\' to bc condemned. Edv.~ards stutcd the consen~.;llS
of Lhe study session was that there would be no probl(~Jll if the fJropE::rty to be condemned
for a trail \<Ias a part of the JOity/County adopted trcd Is system.
Hayor Standley suid that the City Attorney with t.he County Att:orncy q.nd Parks D.iTector
Armstrong would put together an agreement of the trails a.nd parks system. Looking at
vlhat the City is ~:;p('nd.ing on parks versus \\'hat the CounLy is spending on t_rails, the
County may have to make a contribution upgri1dc. Council should discuss this when they
discuss City/County projects on September 16th.
Mayor Standley stated that he felt from the study scs2.ioll the Commissioners would he
ready to tell the JCbuncil \-,'hich trails the COUllty Yhlnted City hE',lp v,'i.th. COl.lTlcilm,-m
Behrendt ~,;aid he felt everyone agreed in principle about the trai.l ~~. Councilml:J.n Behrendt
suggested the County prococd with the' City.s okay aud then let the City know \','hen the
County HcJ.ntcd help. County Engi.neer George OCh5 t~old Council the trails plan for this
fall only needed finalizing. Oc11s stated "chat condemnation may not be needed; if it
is, Lhe Couni-y .......u.ntcd to be able to turn too the City for he lp so tha t the trai 1 S Ci)n be
finished this fall.
Hayor Standley told Council that the City would be joininC] the County in the trails
project in spirit, not financially. 'l'he fiscal responsibili-Ly woulf1 be on the County.
Parks Director Armstrong is supposed to update the pClrks Iila;;ter pl<m, and the County
would make available their land ior parks development by t.he City.
NALLS I'RESEN'l'JI.'l'JON
The Hall Com.rnission presented their design proceSB to C'.'u.ncil and also asked Council to
consider the matter of financing the mall. Don Flcishc.'y reviewed the history of the mall.
There was a need for a master plan for the mall. The City and planning office birc.od an
in-house planner. 'l'he pJanning process for the master plan started last, January. nill
Kane, City/County Planner, stated there had been a concern on the part of Council that
the streets in the j\lall were bcjng over-designf,d. The City had mude an effort to bring
in outside design consultants. Architects Fritz Benedict, Robin Holny and Curtis
Beisinrjer helped with the planning process. All the input from the town meetings, study
sessions with Council, and Mall Conunission meetings \Vas put into one framework. Kane
point_cd out the most criticill issues were economic feasibility and streets that \<Iill be
sensitive to buildings that exist. .
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The basic design if:; a five block mall. The Mall Conunission has a budget proposal of
1.2 million dollars, which would give the City an opport_unity to put in a final Mall
next summer.
Robin f.1olny told Council the objectives of designing t.ho mall are exclude the auto from
the corc; accOIMloc1ate the pedestrio.ni adjust to the scalc of the new environmcnt~; the'
irnpa8t of change; make sure the mall has s:implicity of function. I'>iolny said he did not
want to s(,e a lot of enforcement and ne\<l ordinances because of the mall.
The design approached elements of t.ho mall; paving system, lighting, landscaping, street
furnitllre, irltcraGtion of people in the malls. The paving system would be a unifyiny
elemGnt of tJlf2 mall. Ii. grid syst:em would DE' used und wuuld hClve a p;}ttern which is
flexible and provide a bJse upon .......hich t:hc mall sits; the builc1ing:3 rise, <:Ind thrOLHjh
which people pass. The paving r;ystcm would strive tu..,,;rds reducing t.he visual effects
of v;i de streets.
'l'hc mall design rlan~, to re-introduce the hist.oric wetter courses t_hoJ.t came d:o',m the
slrects in Aspen. MoJ.ny pointed out. historic preservatiun is v('ry important, espcciu.lly
with the buildings. The design will strive to mak(~ sure thiJt the m,lll doesn't exclude
the tm.,rn. s pcopl e.
f.lolllY pointed out the Mall Commission wanted a flexihle design system so that if something
doesn'L vlork, il Cull be changed and adjuntcc\. The most important f0at,ure is the
~nd0pelld0ncc Sqllarc at the COrIl(~r of the Independence huildillg and Sinclair statioll.
llidlJH'lldl'ncc Square .i~; pI <"I1ll1ed for 18 ,~inO~;CJjLn~0 [('ct.
1
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(\I<))>('!-",I:,~t \'Jill 1)(' tll" l::();;t (],.tilll'd ChdIFl" II ());! ';l1h t to liidJl. It w.iIJ 1)(' t.ho Il\djor
pCtkstrian cxi1~ clrlc1 entrCillce. There drc opportuniti(.'s 011 this bluck for ouLuoor
desigllingi Wiener Stube park j.s a free desi_gn eJcmCllt_.
CoojJ('r-wcst- is <, problelll ,11'('<1. This ~jLrt'C't- Iws a Jonq Vi;;U'-ll ':WC('~~:., to WiHJnt'r 1',Jrk.
llYllI'll1 ~;lr('pt W,IS'-! problem alt.ol; it \.u,; v('ry confu~;illfj. fliolny surlqr';;t(~(l ,J I'-1('rf'h.nl1s'
1\:<,1\" j c' t 1 i >]1 1)(': i!, 1.... ::11"1;] d 1 1<1]111. j ')1 I Ii i:~ :;l It" l '
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Regular !>lc,ptlnq
Aspen City Council
Septell\b,:r 8, 1975
Galcnd~north (Ute City Banque and Aspen Block) has a. strong c'~ ti1blishment use identity.
'Ellis v:ould I)(~ the .shut lTc' bllS rouh~; it will bo t.he hcadw,Jt(,I~; f()l~ the Galena wilter
system. Trees and pl(lnh'r~; arc required in thi [; bJock.
Nill streeL will have the lC'dst c:ulllllh>rci"d. influence; y,'agner Park is the big influence.
'fhis block wi.ll be the vi ~;ual termillzltiol1 of the mall. '1'he Mull Commission recommends
that t,he uses the planning office proposed be adopted and that the edge of Wagner Park
be extended.
Nolny said Galena
the design drca.
Wi](]nCr Park.
south is not ready to be malled yet. Rubey Park should be included in
Molny said the mCl.Il caD't be designed without taking into considerat_ion
Molny SlIOWf'd council sketches of the paving sysh.~m, which would be in 15 foot grids. 'l'hcre
,",'as a skotch of the water system \-.'hich would appeQr in various places above the streets
in the Dlall, v.!Quld <:1ppcar on the Rio Grande property and then into the river. '1'hc
li9hbng plan would gronp lights at the entrances to the mall, in Independence Square,
would light historic buildings, and landscapinq dSpcctS. Molny suggested for landscaping
Uw.t movable planters be used for flexibi.lity in the mall.
Nolny explained the overall plan for the n,all including a banustand for permitted uses;
Wagner Park for passive !Janes; a children's playground.
Greg Calc, Mall Planner.,. explained to Council h01;1 the) Ma.ll Conunission arrived .at the cost
fig1..1.re by takirv] the sqnare foot unit cost fol.' CXCilvati.ng, llwtorials, etc. The Mall
Commission feels the fj(:rure of 1.2 mi.llion dollilrs is very clo~;e to the finCl.l mall budget
for constructi.on of thc~;e five blockb. 'I'his figure include:...; ropai.rjng vilrious buildings,
and the clcqllisition of the Si.ncluir Station.
Nancy Snell of the Null Commission presented Coullcil with flO\... charts of si.xth penny
cash,. seventh penny ca~;h, and a combinat.ion of f;ixth and seventh pennies. Snell li5tec1 _
the al terna ti,ves of f.i nanc in'] thE' llliJ 11. (1) Financing a block every yOur and approx ima ting
the costs. The disadvant_dge would be this may be too disruptive to the communi.t.y.
(2) Re-bond t.he whole seventh penny. Snell said the Hall Commission felt thClt tho seventh
penny was too closely t.i0d into the rail t.ransit for this alternative. (3) Bond 1.2
milli.on for the mall. 'This would be i.mpossib]Q because of the seventh penny conunitmcnt
to the rail. (4) ']'ran~)fcr part of the debt service on the Hio Grande fl.-Olll the seventh
to sixt.h penny. Snell said that if some. seventh penny expenses are transfer-red t.o t.he
sixth penny, 'lhis fundi.ng would be feasible.
Snell told Council that: the Mall ConJ!t.ission needs a cormn.i.tment~ of funds from the Council;
trJ(:~y noed t.o kno\'J where they stand and hO"d much money t.hcy v.'1.11 have to Hork with. '1'he
Ball Comm:i f~Sj on fee) s the tempora:r:-y mall has been ;3uccessfuli they are now ready to go with
the final nIdll design.
GOLDEN HORN ENHOACI1!'>lEWl'
Mi.chael Lavinsky r represent.ing llubcx.t Erhard, told Council that Erhard had purchased the
building in 1963. Attuched to the deed wa.s a survey which showed a number of encroach-
ments on Cit_y property on Cooper, Mill and the alley. Erh,';u:d is trying too rc-finance
the building. Lavinsky v.'us .requestin.g from JOJullcil a license pcnlli tting these encrOJch-
ments. Lavinsky pointed out t.ha.t this is an after the fact situation which appa.rently
resulted from an early survey.
Councilman Behrendt moved to Jpprov,~ the encroachment with the City Att.orney' s usual
agreements; seconded by Councilman Parry. All in f.avor, motion carried.
LI'1''l'LE lJl'~~_~? - Application for expansion of liquor license premises
Phil Henke>, owncr of Little Nell's, cxpluinec1 to Council they were remodelling the
building. 'l'hey huvc turned one bar 90 degrees and have added another bar. Henke said
he had talked t.o the st.ate liquor inspector, v,'ho had no oLject.ions to this expansion.
An additional 1,200 squdre fcet, of which 1,120 square feet will be bar, will be added.
The deck has been closed in. They hoped to have all additional deck on top of the old
deck. Counci lwoman Pedersen asked .i f t.hcre would he bar facilities on the upper deck.
Henke told Council that he was in the process ot working t.his out. with the building
inspector.
Mayor Standley a~jkcd 1l(>llke if he int.ended to use t.hc upstair:":; area for niyht and bands.
Benke said llw:r:e would be no- bands, but that they w.ould like to use the building all
year around, aml at nights. Henke j nformed Council that the Gallery downstai.rs was
closing. .
Councilwontan PC'ucrscn suggested having an on-site inspection of this expansion. JCUayt.on
l-1cyr ing, bl1 j] ding inspector, told Cnllnc i] thi s proj ect wen t to the Board of ^dj ustm(~n t
because thi~; is a .::-~pecially planned dl:ea and WdS granted an exemption. l-1(:,yring told
JCoUIlcil he knew nothing ,]hout tbe bar arCil bL'ing built.
Mayor StandJI'}' <.1skcd whriL the upper d('ck added to the overall heiqhl-h of the building.
\](,1d;.' .';did t ii" l\P)H"!- floOl- \.'(Jlll,) j". l-h\'('( ClI- 1-0111- r,~('1 .,J)(>!lt tll" ],,'.Ik of the> roof.
('OllllC.j JW01: elll ,I(I/nu;ton (j\J,,'.;t.IOIl',"~ \ 11,. .Ii';'! (,!,r i ell('II' oj dl'pnJ\.ill'l ,111 t';':P;lllsion whc'n
HenLe d.i<.l noL kilO\'! if ilL' could build the t'XL)dfl.';jun. MdYOT ~;ti1tldlcy tolt.l Jlcnke thut
until the buiJ<.1ing inspector makE'S ~l findin9r the JCbUllCil cunlt-. make a finding.
JCouncill1l<ltl Ih,Jn.('ndL t-;lll1!'d I.hi~~ i,;;;ll" 1H'IHl1nq ;1 filldillq hy the huihlillCj ill::fH'ctnr <llJd ;1
vj~;iL hy C<JllIWil to Ill,' ':ill', (lllin<J ()Vl'r Lhi~; projr".t wiLh tlH' hllildinq jll~;pl'cL()r, and
pJan~;; ~;('('(Illd{'d hy CUlIllCilv!nm.1I1 l't'<i!'l-~;'..'n. ^Jl ill 1.lV01-, mnlioll carried.
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Pegul.J.t' Hc",ting
l\spen City Council
September _', 1975
Jf.Q~,!?O..!.'lJ}~Ll2l:i,_!'1A_~9~_.H.~_ASSOC!!::p();J - Special Event PCI.!!ii t
Mike Norton told Council that t he afternoon of Octobc'r /;
like to hust an <J.fternOOll of cntcrt(linmcnt and a chanc(
WLl5 C1sking for Councilts permission and approDution for
Mayor Standley asked if food \<.'Ould be involved. Norton
knackwurst stand, and hoped to suI] ]lcer for ),0 cents a
to last late.
t lj(> Condominium Managers would
I.n rcnc\tl acqui.antanccs. Norton
tile special events permit.
sdid they planned to hi]vC a
cup. The event is not intended
CourlC:Llman Behrendt moved
by Councilwoman Pedersen.
to approve the special eVent~ permit for October 4 i seconded
All in favor, motion carried.
S'I'El\K JlQUSE - Application for a becr and wine license
Mayor Stundley opened the public hearing.
order.
City clerk reported that the files were in
Steve Wrightr the 2pplicunt; J~..[l Hore\)l., reprC'scn'ling the applicant; and }loVl<Jrd Aure}',
owner of the premi~3(,s, were prc!",cllt for the houring. Wri{Jht explained to Council that
the Skier's Cllalct had ~een ill operation for 25 years; that he had operated the rcstaurallt
for IlO\'Y'ard ll.ur('y since June 19-/5. \vright .submitted petitions to Council supporting
the application for a beer and \.;.inc license. \'iright laId Council the restaurant served
moderately priced meals.
M<-1yor StandlC"y asked I<lright
only 1.'.0 havp a serv:i.c(' hii.r.
restiJ.urant. Horan rCl:\inded
business a long timo.
if he planned to opera.te a bar. ~>.'right_ said they
How<u-d Aurey supported the issuLl.nce of a license
Council this is not a new restaurant but has been
intended
for this
in
.Hayor Standley asked if t):<:.'rc v.'t;re all.Y oppon('nt~:; to Uv:~ issuance of ilK' license. Peter
Guy, owner of the Steak l'Jt, told Cocncil he did not: obj(~et to the licLII,;c but la t.he
name. Guy said th(:~rc 'h'ouJd be' confus.ion bet.ween St.eak Pit. and Steak Ilonse. \vright
agreed to operate under t~hc name of Skier's Clwlct and f3teak House, vli t.h that naIile on
the menus, bills, etc.
There "',lore 110 other opponents.
Mayor Standley closed -Lho public heuring.
Councilman Parry moved t.o approvc~ the issuance of a beer awl \-Jine licensL~; seconded by
CouncilmC1n Behrendt. All.in favorr motion carried.
DUSKO'S ODYSSEX. - Application for a beer, wine and liquor license
Mayor Standley opened the public lwa.ring. Cit.y clerk r('ported that the flIes were in
order. Joe Edwardsr rcpresentiny tJw appliCant, reviewcu for Council the history of this
cs't.ablishmcnt, formerly the Bru.ss Bcd.
Robc~-t Caser the app] icant, told Council he planned to op'2rate a low-priced French
re~;taurunt capable of handling 60 to 75 people. 'fhis rest.aurant would serve from
approxiwatcly noon to :midnight., during hours \.,..hen other rcsUmrants were not serving.
Case told Council he did not vlO.nt u. discotheque in this sp<1ce.
Edwards point.cd out to Council that Kouto"usobo.s had no part of the loan for tl1i~ OI,eration.
The loan bad been separated between Case and Kout.ousobos. Ed\<larc1s also stated that
Case felt that the issuance of a license is necessary to make the operation financially
fcasiblf;. Case stated he had not part~ners i.n this ventur(' and planned to have no
partners.
Edwards presented wit_ncsscs to council.in support of this license. Hilrold Mugford,
who had bc>cn a restaurant mclllagcr .in the Aspen area for over four years, told Council
he planned to mdnage this restClurant and sti"tted he felt there was d need for a place
people could get a (lice inexpensive dinllcr.
Councih.'OTIldl1 Pederscn questioned lhc need for a threc..way license j nsteCld of a beer
and wine ]jccnsc. Case <111swered the licjuor- liccllse would make his operation successful.
Council\\"('~~l~Hl Pedersen pointed out. her concerns for the proper procedure insof<J.r as t.he
needs of the City arc concerned. The issuance of this three-way liceJ1SC will make a
total of 12 three-way licc.nses in the City of Aspen. Councjllll:J.J1 Parry said that in
the restaurant: busin>2ss, Case should be able to compete with ilny other business on an
equal b~lSis.
Jean Ingam, owner of the buildingr told Council he felt this would be it good busiI1CSS
in the spdce formerly occupied by. the Brass Bcd. ll.ndy Hoffman, who .runs the-- Sou per
upstairs [rom Dusko's OdysseYr told Council he had no objection to t.hc issuance of this
license.
Edwards told Council he had petitions with apllroximatc]y ].,120 sigltillurcs; 659 of these
arc from loc(,lo-;. Eth,'arc1s (lddr('~,scd lho i~;sucs of the noeds of the neighborhood C1nd
d8sirc~; oL the inhabitcl.Ots. The LuX ~'pvenUt~S have increas(~d 19 per c(~nL per year; the
accon~ll1o:L)Lions have increased 22 per cent; the r3tc of liquor liccnsf:'s has not- kept
1);1("(' \-:ith I:h~tl. l':tl\..'d1:(Jf; ~;tdtJ'rl vlit.h th" <lctivity in tlH~ Indl1 dreo, thl' H'asoI\<lb10
)"'11111.' .\1"'11.'; of (Ill' )1(' iqllliC>J"il()()l] ar\_' I)r!! I)" i i"; 1I1('L by the' v:-; i,;t i nq Ii C('ll~;(',-;. Edwards
~:did l.JY ] imitj nq liquor ] j c(~n~.;C.'s, the Ci ty \~'I )',1 I d cncourdgc I1hlrq inCll OIH'ld tors and
would CCll.1.L:l~ bu;,;j.nc~;s('~j to be sold fe)l- more lIlilll their rca.l. va~ue j f they had an
existi,ng ].ic('nsl'.
Mdyor ~;ldndJcy vii1]",j fOI ()I'f'UllCI1I
eJo.'_;t'll lid' lJlI!d it- 11'>,11 1 )I'J.
LCl Ill,' 1 i(."II::('.
TII") " \\"'l-(' Il()Jl('.
/l1.lyor ~;I ,Illd]('y
LUll)l(' J \ \':('lii.,11 ,JOl1Jl:;! (_'II TilU'f,..d ['j
;;\. ('U)!,l.'d I,'; COllll,'j 1m,111 l'drJ.Y.
<11'111:0\/(' lIl(' dppJ iCdtiull fOJ d 1.t'l
1\11 JIJ f;lVCJ1., 1l10t:tOll CclrriL'd.
-\-:ill' liquor ] j c( 'n~;t';
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H,:;gular Nccling
AO';pen Cit.y Coutlcil
September 8, 1975
Counei 1 rc'cC's~;(,(l for [j fU:'cn minutes. Mayor Stand 1,
""'as absent from CouIlcil Chilmbers.
9BI2._!!.J~NC"~1L~~._1?~B.U~-.:~._0~_~_~7S - Monies from Pitkirl ( 'Illlt)' to Planninq Office
Counei Iman Behrendt opened t h:' public hearing. '1'here were no comments. Councilman
Behrendt closed the public hearing.
Councilv,'oILl,:m JohnsLon moved to read OrdinancE.' ~5G, Set-ies of 1975; seconded by Counei 1-
\-wman Ped(:;,y'"c3cn. All in favor I motion carried.
ORDINl~NCF. # ':l()
(Series of 19'75)
/,N OHDINANCE IH:COGNIZING HECEIPT OF $111,371.00 FROM PI'fKIN COlJNTY AND
FEDER1\1. Gf'v"\N'l' H.E\lF.NUE IN '1.'IIE AMOUNT OF $3,000.00 (IlUD 701 FUNDS); Jl..ND
APPHOPRINrlNG ']'HE $111,371. 00 Fon OPEP]I'l'ION OF Tl.IE CI'l'Y-COUNTY PLANNING
OFFICE, AND .'l'm;; ;~3, 000.00 FOn 'l'llE HOUSING AND LJI.U!) USE INVEN'J'OHY \'1a.s
read by the eit.l' clerk.
Councilwon~an Pedersen mov('c1 to adopt Ordinanc..:! #56, Series of 1975, on second reading;
seconded by Councilwoman J:ohnst~"n. All in favor, motion carried.
Cl'fY HAN1\GEH
--_.,-------
!~l?.:.i~~_~_.:h.on ~L.~ i.lc1iE..{LJ.~_e..!"!:li t_~,_. Ci ty Nanagcr Mdhol1c:y addrC'o..;,;cd the issue of excavat.ion
holes around 'Lhe city w.i Ul no appzn~ent progrl'-f;S b~ing made. !>1Clhoney told Council he
felt the City needed to follow Building Inspector J.1eyring's recommendation t.o encourZlge
a cert.ain pvrcentagc of compleUon on the buildiWT. Councilraan P'ilrr:{ suggested this
could be ~juLject: Lo review in case someone had problem:,> like weather, shortage of
materi.als.
Meyring reminded Cour;cil the \vay the; building code is stated now, a builder has to do
some kind of vlOrk every 1/0 (l('\ys to yoep Uw building permit active. Councilman
Behrendt i'0r(~cd with Mcyring's sugg~stiOll to ur;(~ a percentage, but felt tllcfigure
ought to J)C more substantial than 10 per cent .every 120 days. Ncyring toJd Council he
had figured that 10 pe~r cent every 120 days "wuld take approximately 3!:i years to
complete a buildin~].
Council asked tJ1C City Attorn0Y to get with t:he Buildin9 InslJector and .draft an ordinance
t.ightening tJle bui] d i. n<] p2rmi t expira. tion date. Counci 1 ilJ ::;0 indicated they fo 1 t the
percentage of completion f;hould be higher than 10 per cc:nt_.
Councilwoman Pedersen quesi:ioned the barricades around buildings protruding int.o the
streets. CouncihlOman Pedersen stated these too}~ up par.king spaces and hindered t.raffic.
Councilwoman Pedersen il~;k(d if tllcsc barricades could not. bc addressed in the same
ordinanr:;c. Mcyr.i.ng told Council the lJuilding code requires the bu.ilc1cr t.o put: up a
}Jrotective fence and dc.l€S permit. Ulcm to use some part of the right-of-way. Councih-Joman
Pedersen said f;he would like to have il provision in the ordinance when a builder has
completed -the required pC'rccntage, they have to tal',-c the bilrricade dOvn1 or move it to
the edge cd: the construction site.
~i!:.Y/C?yntj:_--'l(;~~.lt}}__Q.~_~i_~9...:~_.ReEor.J:.. Rob'-:.'1:t Nelson reported to Council on the" water
quality monitoring progrom. Nelson told Council that COGs program was primarily for
....'ater quality, but t.lley 1de:(c setting aside a cettain portion of the funds for air
quality moni-l~oring in l\f,;pell. '1'h€' State is going to provide funds to purchase a
CiJ.rbon mono.:dde analysis for a 24-hour {~ day rt'nc1 out in the core area of Aspen.
Nelson said with this m;lchine and with the help of t.he state healt.h department., his office
would. be <Jblc i~o corrc~lC1t.c.' data and develop a \-.'orking [.lodel of the Roaring Fork Valley
with regard to air quality and the impacts of development and also the inipacts of the
automobile.
NC'l~;on told Council that COG is fini:llizing their 208 \.?Or}~ program. Planner Bill IZane
will also be 9ctting funding under t.his p)~ogri'un to develop long range p.laIls with
regard to cnvironment.ul :impact of development. The funding [or the hCdlth department
and planrling d(~parUllcnt is a joint l,roject.
Reque~,t for: down zoning stuc'!x sF.'ssion. City l'-ianagor Nahoney told Council that Mayor
StandTc:y -T(dd dTi:Cct~l:;-(l---tlH.~ adn-lTrl:Cs-lJ::iiTi on to con~espond to this issue in memoralldums
to the Coullc:il and to come up 1dith (1 plan.
CiJ.l.1ahiln Subdivision. Plallner Bill Kane told Council t:his subdivision had received
c(-'n~e-i)tudJ_- -il-j)f.)rova.l-from the P & Z .::nd Kane would like to set a study scs:Jion for
C, ullcil -to 90 over- this projecl, and then Sf't a special meeting to com-::idQr the
C"-"'lc('plu~ll subdiv.it;ion. '1'ho study ~;(~s::don \'/iJ.S fJct: for 'l'ul~Gday, Septembcr 9 at 6: 00 p.m.
Ql\~?!.1~1\'NCE,JC.?~I!-'u~~J.~.!T_~~.~.1::....l.17~) - Colorddo lJdY d:'; J-lolidnY
City ^Ltorncy cxplojn['~
f ]'\.lfl1 Vc'Lct-,lil' 0.; n'I\' i:1 1]
',,,],, ,,-:, J' C i I
(l) din,] 11,." :,;(j t h:lt (' I I' Ii
HdY01: SblllJlcy call\u b':'lCk
to JCbunciJ thif; ordinallce chanqf'cl 01H" of the city's legal holidays
1\"'T1,})('l- to ('{lll'l ,iilo ]),~y in 1\tl(Jtl~;l. 'l'lJis would ~~pr(';.ltl Ll1c holicluys
~;tl11J, 1.,;tC'd jJU!till'i ofli,', :',I'c()nd n';ldiwJ of thj~-;
ill ('niP I {)'/l'" '111,1 )Iut .l(J:;;(' Vell')'<ln':.: Day h01](1,IY this YCClr.
to COl1ne) 1 Cil,Hllbc'r.s.
CO\lI'C'i lwolTldTl .Johnston Illov(: to rc,~Hl On1 l.ndnCO Ji ;j8, ~;cri(":::; of J 97 S; seconded hy Councilwol1lan
1',',1'1:~"1)' ^11 ill r.lv'or, Jlltltion (',Ill jl'd.
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Hcgular r-1eetin<]
Aspc:, Cl Lv Counci.l
SeptE.-iilh,,-'l" 8, 1975
ORDINi",~~CE 1158
(Series of 197'.;)
'~N ORDTN,\NCE 1\:'~l:lmlNG SECTIon 2-.;8 (7) OF 'J'HE ASPEN !-1U:nCll'/,J, CODE
ELIMINJ\.'l'lNG AS A HECOGN] "ED 1l0J,I[)j'\Y '1'))1': LI.FV1:N']'1! DAY OF NOVEM8EH
(VE'l'ERAN I S DAY), AND SUBSTITU'I'.TNG THEREFORE 'l']jE FIHS'l' I-1OND^,[ IN
AUGUST (COLOHJl,DO DAY) \.'.:_'1S read by t.he city clc.rk.
Councilwoman Pedersen moved to approve~ Ordinance #58, Series of If)75, on first reading;
seconded by Councilwoman John~;ton. Roll call vot8; CouncilElCI-:ibers Behrelldt, aye;
Jolwston, aye; Parry, aye; Pedersen, aye; I-1ayor Sti'1ndlcy, aye. Motion carried.
OHDINj'\NCE .#:~:~.!.-~~RIJ.;s_q.~L97~_ - Vaci1ting Alley 92
Councilv1Oman ].>c;dersen moved to read On1inancc #59, Series of 1975; seconded by Councilman
Parry. All in favor, ,motion carried.
OHDJnl\NCE #S9
(Series of 1975)
l\N ORDIlF\NCE VACATING 1',LL OF 'rilE I'I,A'l"l'ED 1',LLE\:\vll_Y LYING IN AHD BET'\<JEl::tJ BLOCK
92, CITY liND TO.I-lNSI'i'E OF ASPEN, iYND DLOClc:. 19, Ei\ S '1\ ASPEN 11.1)l)I'l'IONAL TO\f;JSITE
(LYING \'n':S'l'ERLY OF l\ NOHTIIERLY EXTENSION OF 'l'HE F.JI.S'1' LINE OF LOT 13, Ej'''ST
AS]'EN l\DDl'l'ION) STIID VACA'i'ION BEING PUHSU1~N'1' ']'0 SEC'fION 43-?--301, PT SEQ, C.R.S.
1973, l\.N~) BEING CONDI'/IONED QH n.ESEI{Vi\'J'ION OF ]{JG]jT.-OF-\~rAY FOH U'J'II.I'fY LOCATION
]~ND Hl\lN'l'L;nANCE OF PIH-;.f,TC ACCESS '1'0 LorrS !\,DJOTNJNG THE VI\.C.ATED PORTJONS OF
TIlE ALLE'..:\'iAY \\',15 roan by the cit_y clerk.
Councilman Pi'lcJ.".':{ moved to adopt Ordinance #-59, S(cries of 1975, on first rcadil\g; seconded
by Councih.'Ornan John~~ton. Roll call vote; Councillllf':'lllLJ('rS John~,Lon, aye; P<lrry, ayc~;
Pedersen, a:r'e; Behrendt, ayei 1>layor Standley, <lye. Notion carried.
OHDIJY~!~~~~..iU')_~,-__~Er{J}~~~C?J"_.}-.22.~ - Pay S'cl1e:dulc
Councilman Parry moved 1~o read Ordinance #60, Series of 1975; seconded by Councilman
Bc'hrendt. All in favor, motion carried.
ORDINANCE #60
(Series of 1975)
AN ORDIlFI,l'\CE AN-ENDING SEC'l'IONS 2--.76 AND 2-91 o:r' TIlE ASPEN !'1UNICIPJI.L CODE SO
AS '1'0 lID;J 'J'O THE PX'l.' SCHE!)ULE FOl<. MlEHCIPAL El,lPL0YEES 'rHREE ADDI'l'JONI\.L PAY
STEPS; I-lODIl'YING '.i'IE~ I-UNHmf.1 ^ND I,ll1.XIHU~'l SALfdUES Fan E^Cll CLASSIFICAT'ION;
RECOGNI~n~G SIX NEVi c-10B CLASSIF ICh.'T'IONS; PHO\1IDING rl'liE !-UNHlU1'1 (BU'I'
ELIMIN]\'l'T.NG THE HAXHJ.1JM) SALl\.HY FOR pl\.R'r TIt-IE Ef,lPIJOYEE[; \-Jets read by the
city clerk.
1
I
.J
CouncihvOl!\<:m Johnrit_on moved to tabJe Ordinance #60 until Council gets through with
the budget; seconde:d by Councilman Behrendt.
Finance Director Butterbaugh pointed out this ordinanc~e did not. alt:cr the pay scale
at all, it ju~~t ('xtcnded the pay scale t.hree steps. There are people ",,'orking at City
llall \-.;>110 have ~lC;:C beyond step D. Thj:;; ordinance \~'{1.S draft_cd t.o deal with them.
CouncihlOn1rl.n ,Johl1ston selid ~;h(" had a problem \,!)th the whole pay system of t.h8 City
and would like to have a discussion ubout the pay syst.em. City Attorney Stuller
noted the council could have this discussion at tile public hcad.lFJ on this ordinance.
Council woman ,Jollllston [:0i d she object_cd to cost of living incrci1~;es. Connei lv.'O:llan
Johnston ~;aid she felt raisc~.; should b(~ based on merit_ and performance.
!>lotion to table Councill,K,~-,lbcrs Behrendt and Johnston aye; Councilmembcrs Parry, Pedersen
and .Hayor Standley, n.:.Jy.
Councilnwn Pi'lLCY rr:ovcd to adopt Ordindnce UGO, Series of 1975, on first n~adi.ng; seconded
by Councilwoman Pedersen.
Council decided to put o(f the public hearing ann second reading of this onlinanc(~ until
October 27th, so that a TII3jor overllaul of tIle sal0ry scales could be Jiscussand worked
out.
Hall call vote; Councilmemhcrs Pedersen, aye; Parry, ayej Johnston, aye; Behrendt, aye;
Hayor Stundley, aye. 1'1otion Carried.
L~.Q_lIOP_l'5.n~s - F ina 1 Suhd i vi ,,;i on Appr:ov:t1
City AtLoTJ10Y Stuller told Council tl)at ttle fillaJ ~llbdivisj,on o0rccmcnL for tllis project
h,](1 been !:c,v.i c':.'c;J b'y t-ile en!] illecr i.n~J and I)lunn.i Tlq c1cpal: tmC'nt:. Stuller poj ntE'd out_ some
vt.'ry slight Ch::1WjC':; eJf v.1c1rclinq. The aqrc'.o'HlC::'Jlt contains the two clements LIlle cnq.i.nl'cr
_n(il~' :d{~d; ,lCjr"('J:ll'ld to join fU~l1n' im);J-{-'vcmcnt clj~;trich;, or to contribute to the:
cr,. I; .,1 11Ill'I-(> il:::ll(l' "~,I ", '.n"IJ! CO!lLlill fl." ~-~ix n;r)nlli 1,';1:' 1111:~(', it
I I li'.I1 (;' \,' i I i ;1 !,ill-t {l, ill' '( "I,lc}'11 ill i :_;" .J - I I,' ;' I
'I'j;( d':Jl-[ :1; III ;l,:Ct )'t-:: ilp' ,q'! 1.l1~'('d \'.1111" of Ll1~: Jot t11l' ;l_j'J!T"'li.:;.d hy \:1 j,lll (;()f)(lllt'l111,
dlld ,1 subJivj,;.i.on ckdic;\fion fcc of $)7,(.07. city Attonlt'Y ~~lu]l{-J submi1_lcd the
~i\lbc1jvj~;i_on ,:qrc"-.Cmc:llt. to COllneil 'ditlJ tIle endoc;f'!Dl'nt of Uv' a(lminist:.riltion.
J
1'1'j\'\11. ~;tdll,ll,'y ,1:;~~C'd 1\1\]'
,-I'lll_I^;H't,~, V.i~.;!Jl'r ~;,li,l
1\1] of II1\' un i Is Lut I I,'!'
! iI" f'l \ ,. JI1 i qb!. be 1111,
d1 \' I I' 'II ,1,.1 j (';It: i U~I I",',
l;i~:t h'l 1)11' liIiX\.U1"l' 01 111(' unit-:; dnd tIll'
11,tT(' \<.},'r(' !\','U stud.i,,:;, '."VI.'t1 twn-lh~dr(lO!!l:-;
lv;,'.lh.'drc,olll:: II.IV\"' }j,('n ,[,j,I, l'1,_lYOJ" ;;t;ll1,ll('i'
1_.\1 III l,d.,ll:'l ,) Illlit rl)l" tl'!l,Jny('(' hou~illq Ill:'
IdJ! tli; 1'(' .11." 1\(' lIlll!,; in lh.lt price.' rdl1:I(.
:';[ ,11.11: of t II"
,1I1l1 :-,ix OI1,_'-1.H'droom.
~;d j <l hr.' thOllqht
I 'dd of t'l" ':uh-
,......"
""--'.
" r
n":'f-"91.'1ar !>lee ti ng
bspcn Ci ty COUllI.' i J
Seph'lllbcr 8, 1975
City Att_orncy Stuller sai.d her only moJification of the agreement was that
join in the cost of an illlprovemr:'llt. distrl.C't DC u condition to subdivision.
a matter of changing the phrasing in the subdivi.sion agrecmC'nt.
agreeinq to
It is just
Councilman Behrendt moved to upprovc i.~he final subdivision for 700 West Hopkins subject
to JC\.ity At.tornc;y's approval of the slight. discre:pancy; seconded by Counciltvoman Pec.1cr:sc'l1.
1\11 in favor, motion carried.
ORDINANCE-.li>..!.L__SE~Ir::S OP 1975 - Hezoning of 700 West Hopkins
Councilwoman Pedersen moved to read Ordinance #61, Series of 1975; seconded by Councilman
Parry. All in favor, motion carried.
ORDINANCE #6J.
(Series of 1975)
AN ORDINANCE REZONING TIlE SITE OF 'l'HE 700 HOPKINS AVENUE APARTNl:N'l' TO
RESIDENTIAL }\-6 was read by the city clerk.
Councilman Behrendt moved Lo appn1Ve Ordinallcl2 #61, Series of 1975, on first n:;adi_'J;
seconded by Cuuncilwoman Pedersen. RoIl call vote; 'Councill:1C'lIlucr Behrendt, aye; Johnston,
aye; Parry, aye; PedeJ~"~j('n, ayei Mayor Standley, aye. l-lotion eOlrried.
City Attorney Stuller poi_nted out these three rezoning ordillances were a result of
1..cceIlt anncx;:Jt_ions. 'rhe 'l'hOll1as prOpf'rt~y 'das not included be_cause the}.' & :6 has not
decided the uses for tllis property. ~llcse properties tllat are being rezoned are zoned
just like the adjacent land.
Q.~.I2JJ~.Jl.N~~t~2L__~!3_~~~._Q~._19",-~ - Rezoning enclaves
Councilwoffi<:tn Pedersen moved to read Ordinnnce,jlt2, Sel-ios of 1975, seconded by Councilm.:lll
Par:ry. All in fCJvor, mo;Lion carried.
ORDINANCE # 6 2
(Series of 1975)
AN ORDINANCE HE:;,ONING 'fIll-Um HECENTLY 1\NNEXED' EHCLi\VES LOCNrED l'II'I'rnN
'l'HE ~\TES'r END OF THE CI'l.'Y OF ASPEN, AND RE:60NING SAID PI,RCELS AS
RESIDENTIAL H-15 w.as rcad by the city cl(""rk.
Councilvwman Pedersen movC'd to adopt Ordinance #62, Series of 1975, on first reading;
5c.conued by Councilwoman cJohnston. Hall call vote; Councilmembers Johnston, aye;
Parry, aye; Pedersen, aye; Behrendt, aye; Mayor Standley, aye. Motion carried.
OHDIN1.NC:C ~_~'_~__3E~TES _OF 1975 - Rczoning AspenvieYl
CouncilviOman Peder:sen moved to read Ordinance #G3, Series of 1975; seconded by Council-
woman Johnston. All in fz:vor, moi~ion carried.
ORDINANCE #63
(Series of 1975)
AN ORDINANCE HE ZONING A 'l'RACJ' OF LAND CON'r]\IN.lN(~ .1126 ACRES WHICH
IS 'l'HE SITE OF' l,SPEN VIEIr] CONDONINIUNS AND ZONING Sl\ID PROPERTY
RESJDEN'I'IAL HUL'J'I-FAf.lILY WitS rean by t~he city clerk.
Coullcilwomcllt Pedersen moved to adopt Ordinance ~63, Se:cies of 1975, on first reuding;
seconded by CouncilFlan Parry. Holl Cull votei Councilmembers Pccler:;en, aye; Parry, aye;
~To.hnston, aye; Behrendt, aye; Mayor Standley, aye. Notion carried.
IlJl.NG GLIDEl
Councilwoman Pedersen moved to put hCl119 gliders on the agcndcl; seconded by CouncilwolTItin
Johnston. All in favor, motion carried.
Mi'lyor Standley told council that the City Attorney had sent Council u m(Jlllorandum on
the Hang Gliding Associ.etti.on and the 'fllomas property.
Councilman Behrendt moved to accept Ci ty ^ttorney Stuller '~, rcconuucnd.ations on the hang
gliders; seconded by Councilwoman Pedersen.
Councihvoman P"dcrsen a~;J',-ed what hang gliders would do to the use of the Licld ar, fur
as rugby plilycj~.'.) or soccer teams. r.1.Jyur Standley ansv,'ered that the hang gliders would
be using the field on the south side of the HiJland right-of-\vay. 'l'he north side wouJel
still be available for other uses. City AttorJl('y SL11l]er pointed out if t,lli_s ~ctivity
of hang glidillSj onto the Thomas Property become, organized or formul, t_h,-'y will hdve
gel specific i1vprovil], i:llld prescnt~ the City with insurance.
All in favor, moti~ll (:ilr,-jcd.
Counc] h~'orn"n f'u:1('r,(;'-'11 IlHlV('cl "to ildjounJ at 9:15 p.m.; seconded by Councilman Parry. ^ll
in f.avor, I (-,il:li\'d.
((lfA~" /1, )/_Lz4" {. LL_ m__~
EatHryn S. JI,lUU>l", CJ Ly Cl{'J-~~
,.',
1&31
Special Meeting
Aspen City Council
September 11, 1975
Calahan
conceptual
subdivision
Councilman Parry said he envisioned this as a really nice club and facility, nice dining
rooms; not as a YMCA camp. The Council was having trouble determining which facility
they wanted.
Mayor Standley asked Fritz Benedict how many square feet were in his house. Benedict
answered about 4,000 square feet. Calahan told Council he did not think this would
be like typical country clubs where there is a lot of social activity. Andy Hecht
told Council that maybe when this project comes in for a liquor license, the Council
will find they cannot grant one. The applicant is asking the Council to accept a
recreational club as outlined as a permitted use in the RR zone.
Councilwoman Johnston agreed with Councilman Parry and stated she felt it was nice for
people to have a club if they want that kind of experience. City Att.orney Stuller told
Council her constraint was looking at the definition of "recreational club" in the code
and reconcile that with the Rural Residential zoning district. "Recreational clubn as
outlined in the code, "A building devoted to public use including such facilities as
golf clubs, swimming pool clubhouse, tennis clubhouse, playground and play field
activity centers, or clubhouses and may include kitchen facilities, assembly halls,
mctJting rooms and locker facilities." City Attorney Stuller pointed out that definition
has a totally different tone that a leisurely luxurY,club.
Mayor Standley disagreed and noted that golf country clubs are located in rural areas,
not commercial areas. The RR zone is compatible with a golf club-type facility. Mayor
Standley also stated that bar and restaurant is a very logical element in any type club.
City Attorney Stuller read the Rural Residential zone definition and told Council that
"recreational club" was a conditional use and would have to receive P & Z approval.
Calahan told Council they planned to operate on a twelve month basis and were looking
for local support. Moran told Council that the applicants were attempting to tell
Council as much about their contemplation of this facility right at the beginning to
avoid setbacks later. Mayor Standley said that if Calahan did not dedicate the road
to the City and the City.nid not accept the road, it is not illegal to isolate the
liquor license by not giving public access. Mayor Standley said the City can leave
the burden of proof on the applicant that they have restricted this facility to members
before the Council would grant a liquor license.
Councilwoman Pedersen stated she did not want to define bar-use at this time and would
not favor any such definition. If the applicant wants a private club, people can have
their own locker for liquor. Hecht said that was fine, the applicant just wants to
know what the use is, that food is okay; liquor is okay. Councilwoman Pedersen stated
that if this facility were to be a clubhouse for members, fine; but if it were to be
a commercial venture, she objected strongly.
Kane reviewed this project, telling Council this was a proposal
The applicants have sought recognition of the proposed density,
10 single family dwellings and 2 duplex units. This is on a 25
also wants recognition of the circulation system of the layout.
recommends that the conceptual subdivision be given approval.
for conceptual subdivision.
34 units; 20 townhouses, ,
acre site. The applicant
The planning office
Councilwoman Johnston moved that the conceptual subdivision for Calahan be approved;
seconded by Councilwoman Pedersen.
City Manager Mahoney stated that the difference between private and public is not
relevant until the Council knows what the terms are. Private and Public is strictly
monetary. It could be $3,000 to jo~n or it could be $30; there could be some other
form of restriction.
All in favor, motion carried.
Councilwoman Johnston moved to adjourn the special meeting at 7:45 p.m.; seconded by
Councilman Parry. All in favor, motion ca-rried.
I!tLdC~ '" dLJZu
Ka ryn S. Hauter, City Clerk
Regular Meeting
Aspen City Council
meeting to order -at 5:09
City Manager Mahoney and
September 22, 19751
Mayor Standley called the
Johnston, Parry, Wishart,
p.m. with Councilmembers Behrendt,
City Attorney Stuller present.
MINUTES
Councilman Wishart moved to approve the minutes of
Council meetings; seconded by Councilman Behrendt.
Councilwoman Pedersen came into Council Chambers.
August 25 and September 8, 1975,
All in favor, motion carried.
ACCOUNTS PAYABLE
("'\lil,'l :1:'
CullIJC.I 1;1;,.1)1
';1- Ildt ~II'-Jv,"d t II d)')'ln\',' I h"
1.1 y"
,",lunl" !-J,l\'<11).1l' tot- ;;cptc'mhC'r; st'condcd by
C("I'('Il~-, ,1I1":1':!''I1 (!\1,';11('1'-': fl, ';("I'UD C-:;'l'li<liI.111!' [01" L'oloJ:oldn ujvj:;jn1\ ot Iljqh-
\, j' 'I,~I, ,~11! j', "I," "il J'l tLI' 11.111"1-\11 ~~t\l(h', ,1Ilili~;
:1":_ ,"11.. "'1111 ,)<:,]Jn~;l(lil ,iJ:',() qUt':-:! IC'IH,d t!il'
qull ,'(H.!l':;t ('LIII:,(lucllUll lIWil'l 1,lli'i .\!ilj 1,..1Vl.i,(L'lll 11l,_;lC'.-jd at l"L'Cl",'i:JtiOIl. MaYOI- Stdndley
answered that the golf course was bought out of sixth penny and the improvements were
under sixth penny.
All in favor, motion carried.
Mountain parking lot exercise 1 :'1' Red Mt.
City Attorney S-tuller has I, parking
II
II
Councilman Behrendt moved to authorize Mayor Standley to execute the application; seconded,l
by Councilwoman Pedersen. All in favor, motion carried.
352
....".....
Regular Meeting
Aspen City Council
September 22, 1975
CITIZEN PARTICIPATION
There were no comments
COUNCILMEMBER CO~~ENTS
1)
the
the
Mayor Standley told Council that as a result of the Red
BLM had offered to sell the City the 4.6 acres for $50.
forms to purchase this.
2} Mayor Standley said that the police are not enforcing the no overnight campers being
used as residences on the streets. Mayor Standley requested a sign at tne entrances to
town telling people there was no camping on the streets.
3) Mayor Standley read a letter to Council from the Parks Association recommending to
the City the use of City alleyv'~Ys for bike routes and cross country skiing.
Councilman De Gregorio came into Council Chambers.
4) Mayor Standley told Council the Urban Economist Larry Simmons had the results from
the employee survey done this summer. Simmons passed out copies to Councilmembers.
Simmons told Council that his assistant, Harold Stalf, deserved a lot of the credit.
Simmons confirmed that the study told things already known; a vast majority of the
residents are paying far more for housing; people with children are moving down valley;
people with children are not moving into the area; people do not spend any money here
unless they have to. Simmons said the survey showed that incomes are fairly high
relative to the national standards but not relative to the cost of living in Aspen.
People are generally auto dependent. In terms of recreation, people are first downhill
skiers. Simmons said the most important point is that any more growth following the
past patterns will exacerbate conditions now existing in Aspen.
GRASS ROOTS - Fund Request
John Smith, director of Grassroots, told Council they were given $500 by the City and
pledged $500 more if the budget allowed it. Smith was requesting this $500 for a
specific purpose. Grassroots would like to purchase a camera which will give a much
better signal over the cable. Smith said Grassroots is trying to serve the community
to their best, ability as a communications media open to everybody.
City Manager Mahoney said the City did have the money, but wondered if granting this
request would start a flood of others. Finance Director Butterbaugh asked for time
to go over financial statements to see exactly where the funds are. Butterbaugh did
not want to commit the money at this time. Mayor Standley suggested endorsing the
purchase, pending examining the budget for the money until the next Council meeting.
Councilwoman Pedersen moved to endorse the request and consider it during the next
Council meeting; seconded by Councilman Behrendt. All in favor, motion carried.
LITTLE NELLIS - Request for expansion of liquor licensed premises
Mayor Standley went over the on-site inspec~ion at lunch and reminded Council they were
being requested to allow a bar to be located on the sun deck extending the liquor-
licensed premises. This particular structure is up there without permission so this
would be an extension to serve liquor out of a non-existent structure.
Phil Henke, owner of Little Nellis explained to Council that he had called Building
Inspector Meyring, who had told him that this bar was all right if it had been checked
out with the Health Department and the Liquor Inspector. Henke had the Liquor Inspector
come and look at the bar. The Liquor Inspector had no objections. Mayor Standley
pointed out that Meyring had not issued a building permit for this structure. Henke
said he applied for a permit for everything else. He had applied for this permit and
had paid for it but had not received it.
city Attorney Stuller reminded Council the Board of Adjustment had granted a variance
from the requirement of submitting a site plan for the entire area. No variance was
given to construct another bar. Mayor Standley suggested issuing an expansion for
every area but the sun deck bar. Henke can go again to the Board of Adjustment, and
if they grant a variance for the bar on the sun deck, the Council will consider that
expansion.
Councilwoman Pedersen moved to approve the expansion of liquor-licensed premises not
to include dispensing of liquor from the sun deck; seconded by Councilman De Gregorio.
Councilwoman Pedersen said she felt this applicant should show diligence and have
completed the application to the Board of Adjustment and a building permit by November 1,
or the building must come down.
All in favor, with the exception of Councilman De Gregorio, motion carried.
j'.~\(/ _!TL~_~~__J~.~_(~'~_;(\I':~ - PU\-r:h,'
,11';, 1 ~ ; iI I ('
Bill ,Jordan, altorney [or the i1pplicilnt, and Mich,\,_'l C:"qnoni,
t"_fr,,., 1..(\1.1')(. i 1. l' l~l()11 j v,.j 11 u\,,]l\ 1 (J() P'-" C''- nt ul 1.11" :-:1',(.1-.-
-HI" ,Il,!-, tl)]rl C'11")l :,;. Cli'_':1f did 11,,\., ,'Ill ,V11; !11~'i'l 1'(11"
ar1pljcant,.wcre present
Leollard (\JLCS, rcpc('f;l.'nling
purchci:;e And ,H1LicjI1,-ltjnq
,-.l.':
(It
Councilwoman Pedersen moved to approve the purchase and salc; seconded by Councilman
Dc Gregorio. All in favor, motion carried.
~
lot
]
i:
I
Overnight
. \ camping
:i
'I
~Alleys as
I bikeways
Sununer
employee
, survey
:i
;1
Ii
,i
Ii Grassroots
:! fund request
'I
II
!i
!I
!!
:]
Ii. Little. Nell's
I expans l.on of
~! liquor license
Magnifico's
purchase &
sille
Popcorn
wagon
Ord,59
Vacating
alley
behind
Courthouse
Cemetery
Lane -
stoplight
request
Scenic route
highway 82
..........
1853
Regular Meeting
Aspen City Council
September 22, 1975
POPCORN WAGON
City Attorney Stuller told Council that Councilman Behrendt had articulated legitimate
public concerns to atte~pt to give the Popcorn Wagon some recognized status in the
community. Stuller told Council she would like to draft an ordinance recognizing the
Popcorn Wagon and give it certain exemptions from the building code if certain safety
conditions are met and other conditions imposed. Stuller said she felt that the
proponents of the Popcorn Wagon' are not speaking in terms of privilege any more but
legitimate government exercises in terms of the public welfare.
Councilwoman Pedersen moved to direct City Attorney Stuller to draft said ordinance
for the Popcorn Wagon; seconded by Councilman Behrendt. All in favor, motion carried.
ORDINANCE #59, SERIES OF 1975 - Vacating Alley 92
Mayor Standley opened the public hearing. Mayor Standley told Council the second
reading would be postponed until the County shows the City they have gotten the
subsequent right. of-way dedicated. Mayor Standley closed the public hearing.
Councilwoman Johnston moved to table second reading of Ordinance #59, Series of 1975,
seconded by Councilwoman Pedersen. All in favor, motion carried.
1976 STATE HIGHWAY REQUEST
Mayor Standley gave Council a list of requests and told Council that COG will run the
State highway requests for all the counties in Region 12. Mayor Standley also presented
the State's request list. The State wants a turning lane at Original and Cooper, which
is the State1s number two priority.
Mayor Standley brought up the intersection of Highway 82 and Cemetery Lane. Petitions
had been submitted at the last Council meeting requesting a stop light. Chief of
Police Hershey had indicated to Mayor Standley something needs to be done; this
intersection is very dangerous. A stop light would back traffic into town, down the
highway, and up Castle and Maroon creek roads. The City has approved a $3,000 plan-
ning request to redesign that entrance way. The Halperin report suggests moving the
entrance to town. That project is in the future. City Engineer Ellis stated IlWe
felt the traffic signal request at Cemetery Lane would not be acceptable to the state
at this time, since that intersection is certain to change and may well become a
loqal rather than state route in the future. The City might, however, request a
traffic warrant study as a prerequisite to any signal consideration."
Sigrid Stapleton told Council it was very difficult to get onto the highway from
Cemetery Lane. The highway slopes to the south, which makes it difficult once one
does get on the highway. The school buses have problems at this intersection. People
from Starwood and White Horse Springs also use this entrance to town. There is a lot
of traffic. Sigrid Stapleton said people in this area felt something needed to be
done immediately. Dave Stapleton pointed out that people ride their bicycles on the
highway here and people stop to let hitchhikers out, which aggravates the situation.
Chief of Police Hershey told Council he had gone and studied this intersection. Hershey
said he felt it was infeasible for anyone to use the road under the Castle Creek bridge.
Hershey suggested two compromises; a traffic signal to be used during heavy traffic
times, or a clover leaf extended underneath the road, which would be costly. Mayor
Standley asked if the stop light signal would be officer operated. Hershey answered
that could be done but would cause down time for an officer. The alternative is to
have the stop light clocked. Mayor. Standley said a clocked stop light would not
solve the problem of having traffic backed up on the highway. An officer operated
light could control the traffic flow just during the rush hours.
Councilman Behrendt suggested having a police department personnel assigned to this
intersection during the heavy demand times each day until the City and planning depart-
ment comes up with a better solution. Hershey stated he liked the idea of the light
operated a certain times per day. Councilwoman Johnston asked why the people riding
bicycles were not using the bike path underneath the bridge. Mayor Standley said the
path should not have been built where it is, it is not paved, one cannot possibly
ride a bicycle on this path.
Mayor Standley said he felt this problem was reaChing crises proportions.
take a short-term request, like a stop light, and then work on getting the
re-aligned into town. Mayor.Standley instructed the City Manager to get a
terrft solution by November 1st with the state highway department addressing
"
i:
"
should"
The City
highwp,y
short-
the issue.
City Engineer Ellis .pointed out that the stop light at Mill and Main cost $25,000. The
light at Aspen and Main was requested two years before it was installed. Ellis told
Council he felt the City would have to purchase the stop light. Mayor Standley said
he felt it was an emergency situation, and the Council wants this treated as an
emergency. Dave Stapleton told Council they did not know if the light was the right
answer for this intersection, but the people who live in this area are really concerned
that someone might get killed. It is one of the most dangerous intersections in the
ar(';l.
Councilwoman Pt~dcrs('n moved to jn~,trllct City Man<lger Mahoney to qet this problem
~J']v{'d im;'1' ",It''I'/ fut" tlli:; inlL'l""-.l'\.'lje'll; s\"('ylldvd by' CLllltwi lm,l11 L1\' Gr('Cjorio. ^l] in
I ,n:ur, TiI'd i '.-:1 ("~UT j \"J,
COUlWjJll1,:!]1 h.lll"llfl\ ';Lil,',] 11" Vo."ull ld,~ lli'_; Cily to join with the County in n'guesting
that Highway e2 be designated a scenic route and that trucks and trailer traffic be
prohibited. Mayor Standley suggested expanding the City's request list so that it
becomes City/County state highway requests. None of the requests have been implemented
from last year.
I
II
il
III Bicentennial
I request to
:1 use Rio Grande
il
II
Ii
"
i'
II
Councilman De Gregorio suggested approving the request to sell live trees in the spring i:
and holding the Christmas tree approval. Mayor Standley told City Manager Mahoney to '
find out if the Lions or Boy Scouts intended to sell Christmas trees this year.
,,-,
c;;..h
?.'"
.--..
Regular Meeting
Aspen City Council
September 22, 1975
Ellis suggested that the City let the highway department know that Aspen and Pitkin
County would like the entrance way to town re-designed as pne of our top priorities.
Council decided that their first priority is the reconstruction of highway 82 within
the City limits of Aspen. Councilwoman Johnston suggested,when the highway is
reconstructed it be engineered so that there is water running through the ditches.
Council deleted turn lanes at golf course from their list; the state is presently
putting road base on these turn lanes. Walkways on the Maroon and Castle creek bridges
was a request to the state highway department.
Council went over the County request list. The chanelization of traffic on Highway 82
at Cooper and Original was deleted. Ellis told Council that chanelization does not
accomplish anything at that intersection unless some right-of-way is condemned.
The County requested the highway department to build sidewalks; Mayor Standley said
building sidewalks is absolutely out of the purview of the "highway department.
Council felt the City was not ready for the requested engineering of the trail under-
pass of Galena street. The Council left in the request for medians down Main street,
which has been asked for previously.
Mayor Standley listed Council's priority requests to the state highway department;
reconstruction of Main street, widening of pedestrian walkways on the bridges, and
the paving of the turn lanes into the.golf course.
Councilwoman Pedersen moved to adopt the highway requests; seconded by Councilwoman
Johnsont. All in favor, motion carried.
Council requested City Engineer Ellis to take to the County Commissioners the requests
within the City that the Council was endorsing.
BICENTENNIAL/CENTENNIAL COMMITTEE REQUESTS
Two representatives of the Bicentennial Committee requested from Council permission
to use the Rio Grande property to sell Christmas trees this winter and live trees in
the spring. The funds from these tree sales will go towards the Bicentennial summer
projects for 1976. Mayor Standley told the Bicentennial Committee that the Lions
or Boy Scouts had always sold Christmas trees and Mayor Standley said his feelings
lay with these groups raising money for their projects, which have on-going signifi-
cance. Mayor Standley said if these non-profit organizations were going to sell
Christmas trees, he did not want some other group in competition.
Councilman
sell trees
Pedersen.
De Gregorio moved to approve the request to use the Rio Grande property to
in the spring, but hold the Christmas trees; seconded by Councilwoman
All in favor, motion carried.
WINTER USE OF WHEELER OPERA HOUSE BASEMENT
City Manager Mahoney told Council this item has been withdrawn from the agenda because
the Music Associates could not be present.
IMPOUNDING CATS
Chief of Police Hershey has submitted to Council a report on impounding cats. Hershey
told Council that Lou Albright, owner of the pound, will not cage cats in cages that
are open for dogs. Albright will not give the City a break for caging cats. Hershey
said he felt that Albright should be present to talk to the Council.
Councilman De Gregorio moved to table the ~at issue until the next Council meeting;
seconded by Councilwoman Pedersen. All in favor, motion carried.
Councilwoman Johnston said she felt the City should be addressing the problem with a
program for having cats spayed, neutered, etc. Otherwise the problem will keep
compounding itself. Councilwoman Pedersen said she and former dog warden Debby
Jenkins had done a study on a program like this and it is worth looking into.
HASKELL'S SKI HEARINGS - City's Position
City"Manager Mahoney requested guidelines from Council, and whether Council wants
Mahoney to participate in Haskell's ski hearings. Mahoney had included a memorandum
to Council stating the City's PFoblem is not with the Ski Corp nor any price per se,
but with the process. Mahoney objected to the process and had a process he could
recommend. Mahoney said the City would recommend to the Forest Service that they
are acting as an agent to cartel of the industry and that they are making heretofor
independent berms, dependent on one another in terms of pricing and market shares.
City Manager Mahoney is going to the hearings professionally. Mayor Standley told
Council he was goin<) to present. from the cOllUTIllnj ty point of vipw the impacts of the
Ski Carl'. Cou\lc:iln;,ltl \.ii, Irt I,; 'y'inq to ;;p('dk de; .J. Council tn('n1LH.'r. Mdyor StiJndlcy
asked COUllCll if they w,lrlt.ed La present a statement of position as a Council.
Mayor Standley rejterat.ed this is not u condemnation of the Ski Corp; it is a st<.1tcment
of ] oed] ,.'onC('T"ll. ^ 1.0 I () I L!I j tl(j S t )H' Fe,it'rill (JoVt'rnmen t .1 rc doi nq ;1 rf' LmpdC tj nq
Ii'I"- [U,":I) I)' d:'. lOl'dl :~_!.:'"'11:-' ;1' '....',jl i'J,; l(_~,,",d 'F'v,:'rnrlvnt \11 ;1 {'nl1UI\UTllly. H.Tj"Or:'
;-:1.,",,11, .;dld I,,' ',..'(luld J 1 ,,-, I'-i,,.,:~, '~"'Ij\. l-Tl" t.o )-e ;l(klrl:-,;,:,.,i ,11 t:h, )',-,.1,. I"dl (JovCrI'lllL'nt
level. Muyor StamllL'Y saId wl-itlcn st.J.temcnt 11L1ve to be in to lIuskell's Denver
office by October 2nd.
~
Reconstructio ]
II of highway
II 82 in Aspen
,I
Ii
;1 requests to
~i state highway
II department
I'
,I
"
u
II
ii Impounding
il cats
,
,
!
,
Ski Lift
rate hearings
Sen. Haskell
,
<
Bus
I
i
shel ters:1
I,
I
I
I
II
I
Alternates
to HPC
Clarendon -
Final
subdivision
approval
1855
Regular Meeting
Aspen City Council
September 22, 1975
Councilman De Gregorio said he felt Council's concerns over the ticket pricing process
were very well pointed out in Mahoney's memorandum. Mayor Standley said if everyone
agreed with the concerns, he would work out a written statement. Councilman Behrendt
said he wanted to see the final draft.
Ralph Brendes, representing the Roaring Fork Citizens, told Council Senator Haskell had
drafted a new bill to re-vamp not just the lift rate increases, but also the permit and
lease system. The Roaring Fork Citizen group is concerned not only with the lift rate
procedure, but with the price itself. Brendes told Council the Roaring Fork Citizen
group will pursue this issue as far as they can. Brendes said he did not know yet
whether the Forest Service would grant their appeal; however, they believe the Forest
Service probably wont't. The Roaring Fork group will come back to Council, when tqey
get turned down on the appeal, and ask Council to join. them in a court fight. Brendes
alleged that the lift rate procedure itself does not serve the community in~~rests.
Mayor Standley re-stated Council's position; to draft Mahoney's ideas
which he would have in the office for Council to review and initial.
will be read at Haskell1s hearing, October 4th.
into a statement
This statement
Bill Dunaway asked why the Council did not take a stand on the pass rate. Mayor Standley
answered he felt the Council as an official body should stick to the facts rather than
get into argumentative areas, such as percentage of lift increase. Dunaway said the
Council could point out that the Ski Corp doesn't have a season's pass. Brendes suggested,
using that as an illustration of the inequity of the procedure. The Forest Serivce I
doesn't ask the City and the County for any input or what the impact will be.
Councilman Behrendt moved that as a separate item the Council formally request that the
Ski Corp re-consider its pass lift rates for the 1975-76 season, and that the Council
feels that their present pass is a detriment to the community and the Council wishes
the Ski Corp would re-examine them; seconded by Councilman De Gregorio. All in favor,
motion carried.
City Manager Mahoney asked Council to allow him to build bus station shelters. Mahoney
told Council the HPC had approved the design. The cost will be $3,000 for two shelters;
one in Rubey park, one at the Rio Grande.
Councilman Behrendt moved to allow City Manager Mahoney to spend $3,000 to build two
bus shelters; seconded by Councilwoman Pedersen.
Councilwoman Johnston asked if this would be out of seventh penny funds: Mayor Standley
answered yes.
All in favor, motion carried.
MEMBERSHIP ON THE HISTORICAL PRESERVATION COMMITTEE
City Attorney Stuller had submitted a memorandum explaining that the HPC felt they needed
three alternate members in order to reach a quorum at ti~s when members were absent
for long periods of time.
Councilwoman Pedersen moved to approve raising the HPC membership to three alternates;
seconded by Councilman Parry.
City Attorney Stuller suggested appointing alternates by eotation, or have the absent
member appoint his alternate. Councilwoman Johnston said she felt tha~ having the
absent member designate which al~ernate would take hisopL~e would give better control
over the vote.
All in favor, motion carried.
BREWER, INC" (CLARENDON)
Hal Clark of the planning office told Council City Engine~ Ellis had listed the
deficiencies he found in the plat. The landscape plan frn the property in between
Little Nell condominiums and the Clarendon is still being Gegotiated. Clark told
Council the applicants have withdrawn their application fnmn the Board of Adjustment
for the additional unit. The access through the property tto West End street has been
changed to corne in at a more normal interface with West EnD road rather than looped
around West End street.
Clark calculated the open space dedication to be 5~260 sqmxe feet. The planning" office
recommendation is to accept the cash dedication for the full! square footage. Brian
Goodheim calculated the figure for this property at $2.85 ~r square foot. Clark added
the planning office recommends approval of this project witth the satisfaction of the
City Engineer.
Rick Ferrell, representing Brewer, Inc., told Council he md had a meeting with Ellis
and felt the technical issues were all very resolvable. FnJra..1 showed the Council a
map of the property marked in red illustrating all the partts of the property that have
to be given to the City by deed, easement, trails, etc. Ftrrell asked Council to take
,1~; till' dccliC'ation ,1 CO{)!IlI,jn,-ltion of (',j: h ,1'\11 1.1ncl. FC'rrc.]I '-;howed Courwil two pircl's of
]'-1];,1 tll'Y '..;(>lii; lib' t" <:j'.-". tl1l' ('iI', (::.' I")I-,i rill,! on Ghr1Y lIolt' P:lt-k., clnd ,J ccl:,;h
dccllcat.1011 of $7,3G7.25 [or tht_' 2,~,(J) ~;';u.lr(: feet not criVCl) to the City. Councj]man
fh'hn'lltlt :'';djd lhilt oJ. tOldl ('.]:;!l elt'tliL',I! 1'"'1l \':(I\I]c1 hll,/ oj sl1bsl~.::Int:jil' pif'ce) nf p.lrk ],lnd
S(lplnh'll'-""" .,]:-~(' an,l t!:(, .","11-1','1(' th.:I! ! '1'-,.!1 i:; of(,rrin'J j~ not of lJ"llcf.jl to tllt'
l-'l:iJi I,'
I
Ii
I'
II
I
35(;
,I"""
""'"
...
Regular Meeting
Aspen City Council
September 22, 1975
City Attorney Stuller said that a trail dedication applies only when the trail is a
link in the approved trail plan. The extra trail that Ferrell is offering is not a
link in the trails plan.
J
Councilman Behrendt said that Brewer would be putting fifteen high quality units into
the community, and he felt that the cash dedication is a support to the corrununity.
Mayor Standley agreed and added that the government has got a social responsibili"ty
to the citizens of Aspen. Chuck Brandt, attorney for Brewer, pointed out the developer
had contributed 14 per cent of the land area to the City.
Councilman Behrendt moved to accept a cash dedication only; second~d by Councilmaq
De Gregorio.
Councilman Parry stated he felt that the City was making a person pay for the land,
and then asking this person to give the land to the City. Councilman Parry said he
did not feel this was reasonable. City Manager Mahoney pointed out that they land
the Council was discussing was worthless to the applicant. The land will be taken
off the tax rolls, and is a benefit to the applicant. Hal Clark reenforced the turning
down of the extra land dedication. The developer had contacted Parks Director Armstrong
who did not support the additiomlland given to Glory Hole park.
All in favor, motion carried.
Mayor Standley instructed the developer to work out the price for the cash dedication
with the City Manager and planning office.
Councilwoman Pedersen moved for final approval of Brewer subdivision subject to Ellis'
final approval and keeping with the restraints set forth in the memo from the planning
office; seconded by Councilman Behrendt.
Councilwoman Johnston questioned the twenty year limitation on the right-of-way for
the extension of West End. City Engineer Ellis said that was ~lready a condition on
the Gant. The City does need a time limitation, otherwise this becomes-unsupportable
in Court.
All in favor, motion carried.
CHANGE OF DEED - ERDMAN
City Attorney Stuller told Council this was a request for exchange of deeds to help i'
Erdman quiet title to Lot G of Block 2. Stuller guaranteed that the City would have '!
the right-of-way after the exchange. !'
Councilman Behrendt authorized Mayor Standley to accept Erdman deed and to execute II
the City of Aspen's deed; seconded by Councilman Wishart. All in favor, motion carried.:i
EXEMPTION FROM SUBDIVISION - ERDMAN I,
Mayor Standley pointed out there is no reason not to exempt the Erdman project from
the definition of subdivision but there is no reason to exempt them from the payment
of subdivision dedication. City Attorney Stuller told Council the City Engineer has
no problems with exemption because all of his requirements are satisfied. Stuller
said the applicant feels they should be exempt f~om the dedication requirements.
Erdman-
change of
deeds
,~
Erdman -
exemption
from def ini tio:
of subdivision
Chuck Brandt, representing Erdman, told Council this is an existing townsite lots and
historically someone who has purchased one or two townsite lots has not ,been required
to make a dedication. Erdman is buying nine platted townsite lots. Brandt pointed
out there is an exception within the public dedication provision of the City code
that the dedication requirement shall not be imposed ion the event of construction of
a single duplex, triplex, fourplex structure. Brandt stated Erdman is not sure what
mixture he would put on these nine lots but it would be duplexes and single family
residences and this should fall under the definition of exemption from the dedication.
Brandt told Council that P & Z had recommended Erdman get an exemption from subdivision.
I:
Erdman told Coupcil that the price of this land was so high that not to use this II
property to the allowable means of the zoning code would be financially unfeasible.
The basic problem is that land acquired for present prices in the original townsite
it is punative to remove any of that land from the allowable use.
Hayor Standlcy listed the choices on this project; not to grant exemption, to grant
exemption partially, to grant ex~nption on a condition of dcdication of land or cash.
Brandt pointed out the code states that land dedication or cash payment shall not be
paid under certain circumstances; Brandt contends that this project falls under these
circumstances. City Attorney Stuller told Council the purpose of the exemption in
the code was to deal with already built duplex, triplex, or fourplex being condominimized
and sold. This si.tuation i.s di.fferent as Erdman is taking a larger tract of land. This
is comparable of subdivision of raw land into parcels for construction sites. Stuller
said one of the objectives of subdivision regulations is to provide a fund for park
construction. Stuller stated SilO did not see any difference between Erdman applying
to IJlliJd Ihn'(~ hOll: ,j::] iI t\"l'lv,' or fi-ft"c('!l l'-Jj :;\lh1jvj,~ion r;jt{'.
('ounei 11IIdll WishilrL lIInv,'{) lu qrolnl
01 I 111'1 (,! '-,1:,:11; ,;(' 'il
ll1" C;-;I 'J:\I ,j i llll .J t
"i 1""1 ':1 'hr. 1','
tlil; owner agrces to a dedication
(:('lIi' il!II:1 f!. Crf.11(,t ;),1": el,IJ; iJ (11-,11;11 "j lie>]1 \-:1:"1 lrdlll-lll j,: not
,;L1r, wi,l! II' I:; lIC.lJll'l t i, v,ltll lIlt, Ilil,l. 1-:r,il,'111 ,j,1 1','tlil,.'iJ ill~'~ l>1('I'I,:~.l] to] llll:,
{Jroperty Wi..lS not- to do anything less tlw.11 Whilt is pn~scnlly allowed by the zoning code.
Ermand said he could build four single family dwellings; one single family dwelling
and two duplexes. This is allowed under the code and by the fact that this is nine
City lots.
18-~
<>,
Regular Meeting
Aspen City Council
September 22, 1975
City Attorney Stuller told Council Erdman's argument is that all the objectives of
subdivision are already satisfied or do not need the attention of the City. City Engineer
Ellis stated the access are fine, the utilities are in place, the rights-ot-way are
appropriate. The question is are the park dedications satisfied.
Nayor Standley stated rye felt Council ought to retain the control that has been built
into the code and not grant exemption from subdivision. Erdman reiterated that he
could only build single family dwellings on 6,000 square feet or a duplex on 12,000
square feeti that this land is already platted; that controls are in the code by
requiring front yard, rear yard, and side yard setbacks.
All in favor, motion carried.
MEADOWOOD PIPELINE AGREEMENT
Meadowood
Pipeline
Agreement
City Attorney Stuller requested Council to help arbitrate a dispute with Meadowood Home-
owner's Association, the title company, and various homeowners. Earlier this summer
the Council had approved an agreement to alleviate the problems generated by construction
of the Maroon Creek pipeline through Meadowood. When presented with the agreement,
the people involved had difficulties with the ext~i1t of restoration, revegetation or
regrading necessary. Council had walked the Headowood pipeline area. Stuller said
she felt Council's discussion could arrive at a technique for dealing with the terrain
problems generated by insta.1lation of the pipeline.
Bob Grueter, representing the title company, Seacrist and Schiff, told Council his clients'
felt the City just came in and built the pipeline, the machines moved off the right-Of-way
trees were torn out. His clients are asking that the City make this property more
presentable. Grueter told Council that Sunshine l~ndscaping had submitted a proposal,
which most of the homeowners were happy with. Stl11ler affirmed one of'the concerns
with Sunshine's proposal was the location of the trees over the pipeline, which might
result in damage. Stuller asked if planting of any other shrubbery or lesser vegetation
other than tree planting would be acceptable. Meadowoodpeople asked for a combination
of both, i,
City Attorney Stuller told Meadowood people that the Council felt Sunshine I s estimate II
was high and asked what directives had been given to Sunshine. A Meadowood representative:
told Council he had asked Sunshine to look at the surrounding vegetation and terrain I'
and to approximate recreating the terrain. Stuller asked if by surrounding vegetation, ,
he meant full grown trees. Schiff stated he realized one could not transplant 40 foot
Aspen trees; the estimate had taken into consideration the pipeline. Gructer stated
that some trees 15 to 20 feet from the center of the pipeline had been removed.
Stuller asked if the requested resodding included major regrading. Schiff answered there I:
had to be some regrading as the whole natural slope was destroyed. Stuller reiterated, ['
re-instating of the natural slope. Stuller stated is was accepted by Council that the I,ll.
minB tailing should be removed because they preclude any revegetation. Boyle told .
Council he had walked the area with Sunshine. When the mine ~ailings and dirt was
shoved down the slope, it was brought up against the trees by 2 to 3 feet and these i:
trees will die. II
! ~
City Attorney Stuller said the Meadowood people felt all the mine tailings should be
removed or a better soil cover be provided. All the trees and rock and debris spilled
over the side of the right-ot-way should be cleaned up. Meadowood people accepted that.
Stuller asked what Meadowood would accept in terms of vegetation. To duplicate the
slope would make it impossible to reach the pipeline. With some regrading, the City
can eliminate the road-like nature of the pipeline. Schiff stated there were Aspen,
evergreen, scrub oak and serviceberry naturally out there; he asked for evergreens
and Aspen to be transplanted. Schiff said there is a 20 foot roadway now. Schiff said
you can't make this area natural again, but they are asking for a fair approximation.
ji
ji
I
Stuller asked if Meadowood would accept work done by the City with a landscaper. SunShine!!
,
had stated they would not work with City crews, but in order to reduce the City's costs
we could use our people. Schiff said they just wanted to get this project done. Stuller
stated that when we revegetate and resod, there will be some maintenance that will have
to be done next year. Stuller offered one swnmer's maintenance, if necessary. Schiff
stated if fall planting could be done, they would be ahead of the game. Stuller asked
if they would accept an initiation of the project this fall, to be completed next summer.
Meadowood agreed. Stuller asked if the City could be guaranteed access to all of the
properties while doing the revegetation. Meadowood agreed.
Councilwoman Pedersen stated stle felt that revegetation not native to this area should
not be incJuGcd on the list. NDtivc gr~sscs, serviceberry, etc., are fine. Councilwoman
Pedersen told Council on inspection of the site with a tree man they had found a disease
in all the Aspen trees across Meadowood across Castle creek. The tree man indicated he
felt most of the damage had been done by the subdivision development. This disease
factor is very obvious. Councilwoman Pedersen stated the mine tailings would definitely
have to be removed. It is important that the property lines between the Schiff and
Hignut properties have to be ascertained so that the bank can be properly graded.
The line should be surveyed by City crews and the line clearly and distinctly marked.
Councilwoman Pedersen said that the City crews should measure and calibrate the Russian
olives, which have to ('orne out if the iob is to be done. Councilwoman Pedersen said
jt j:; 111 ,'~1 Ll1-1l llUL "1;]- I:: th, (" I' (.il.1,II.Jil!(,,'d (l(T":;:; to tll(',~c' properties, but
dJ] thl' !I~': >'__;1"1", IIC'l jrllL J-li 1. '0''-1:11 ~:;' C-J"\~":; L1r"llll~J lilt' \\'urJ.:.
('1 ty i'\t t ,-.,
C'O:;I f" t--,
'i! I,
':1 I
,1"
j', Ii \Ii' J"C\" q,'t.llj(l]I pr()j~ct waul(l
111'1 (J11 ii.
('OlHICJllll,111 i:"J",'lidL ~I!ll!\','d L(j 1IIC(llJ'()!,I!, LI\i..'~j" L'I'_LI"lil:.;.1/\ ,1f1 Jld_Onll;d ,)qu..'L:JllL'lIl ~;ub.ll'cl
to receipt of an appropriate evaluation of the costs; there will have to be a landscape
artist involved proficient in this area; seconded by Councilwoman Johnston. All in
favor, with the exception of Mayor Standley. Motion carried.
7
358
,..,.,
/,......
Regular Meeting
Aspen City Council
September 22, 1975
Dr. Schiff told Council that his driveway and parking area was torn up three times and
requested that the driveway be put back. This is a road base" and gravel driveway.
The pipeline had ruptured and the driveway had to be dug up.
Councilman Behrendt moved to approve putting back Dr. Schiff"s driveway; seconded by
Councilman De Gregorio. All in favor, motion carried.
Councilwoman Pedersen stated that this would be the end of the revegetation project.
Councilman Behrendt left Council Chambers.
ORDINANCE #64, SERIES OF 1975 - Annexation of Benedict Property
Councilwoman Johnston moved to read Ordinance #64, Series of 1975; seconded by Council-
man Wishart. All in favor, motion carried.
ORDINANCE # 64
(Series of 1975)
AN ORDINANCE ANNEXING l'WO PARCELS OF LAND LYING EAST OF TilE CITY OF ASPEN,
THE FIRS'l' CONTAINING APPROXIMATELY 4.1, AND THE SECOND CON'l'AINING
APPROXIMATELY 2.2 ACRES, AND ANNEXING THE SAME PUHSUANT TO THE PROVISIONS
OF 'l'HE 1965 COLORADO MUNICIPAL ANNEXATION ACT was read by the City Clerk.
Councilwoman Johnston moved to adopt Ordinance #64, Series of 1975, on first reading;
seconded by Councilman Parry.
Councilwoman Johnston told Council that the trail negotiations have ceased, that the
City will not get the land as agreed upon. Councilwoman Johnston also pointed out
she had suggested that people go on City of Aspen electricity when they request to
be annexed. Hayor St.andley said in t,llis situation going on City of Aspen electricity
was inappropriate because of the distance.
Councilwoman Pedersen moved to table Ordinance #64, Series of 1975; seconded by
Councilman Parry. All in favor, motion carried.
Councilwoman Pedersen moved to adjourn the meeting at 8:07 p.m., seconded by Council-
man Parry. All in favor, motion carried.
dU:A/u
Ka thryn
Jltw2UJ
Hauter, City Clerk
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October 7, 1975
Mr. Leonard Oates
Aspen, CO 81611
Re: Application for Little Nell before Board of Adjustment
Dear Mr. Oates:
The Board of Adjustment has asked me to write this letter
to you, as the attorney for Little Nell and Phil Henke.
The Board received a copy of City Attorney Stuller's memo
(which I believe you have also read), explaining.the circum-
stances surrounding this application, Board members were
very displeased with Mr. Henke and his architect, David
!lauter, for some statements they had made concerning the
addition onto Little Nell. Mr. Hauter stated that this
addition would not affect the view and Mr. Henke alleged
that this addition would not be enclosed to which one
of the Board members has noted that indeed it has been
enclosed,
The Board asked me .to convey their feelings about this
variance as being very negative at this time and to urge
you to drop the request. Members are aware that Mr.
Henke will again be coming in for a variance from SPA
master plan and have advised me that they will require
some communication from the Ski Corp as to their intentions
with the property before the Board has made a decision.
Should you wish to further discuss this or check into the
records more, please feel free to contact my office.
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Octobe 10, 1975
Aspen Board of Adjustment,
Aspen, Colo.
Gentlemen:
In connection with the application for a variance by
Little Nell (Case No. 75-20) we at this time want to call your
attention to our concern as expressed in our letter dated
July 9, 1975, in response to an earlier variance request by
Paul Henke and Mike Sutton in Case N~ 75-12. Apparently the
same project is involved in both applications.
In our prior letter we stated that if that applicant was
granted the requested variance we were concerned that it would
be followed by requests for additional variance requests.
These variances are of concern 10 us since the subject
property was originally a ski lift base facility providing
such services as ski ticket sales, rest rooms, restaurant
and ski shops. Since then the building has been remodeled
and enlarged and its use changed so that a substantial portion
is now a night-time bar ope rat ion.
We object to the granting of this additional variance
since it is another step contributing to the increased conjestion
and noise polution in this ares,
Yours truly,
/4~'"r
Will Nicholson, President,
North of Nell Condominium Associa tion.
Encl. Copy of letter dated July 9, 1975,
Box NN . Aspen, Colorado 81611 ' 303/925-1510
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July 9, 1975
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Aspen Ba>.rd of Adjustment,
As~n, Colo.
G3ntlemen:
V'e have been advised that the rotter of the
'Illrianre fOr the proposed additiQ:1s at 611 East D;rant
has been deferred to yOJ.r next regular meett'1g.
Please be advised that 1-Ie are oppo:;ed to the granting
of this 'lSrianre. Apparently there has been no shO:fing
of any haros.l1ip other than an ecQ:1Q1lic hards.l1ip. If
the wrianre is alla.led at this tb~, the applicant my
Hell care ba c.~ at any future time and requsst a further
'lSrianoo.
l'le are advised that the other optiQ'l aw.ilable
fOr yOJ.r CQ:1sideratiQ:1 is that the applicant submit
a roster plan fer the a rea. vie respe ctfully :request
ihat a !!Ester plan fer tlie area be submitted to you
sO that we and the other properly a.mers r:ay be
t'1fo:uned as to the fut~ devel(pr~nt in the a rea.
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'Will NicholsQ{, President,
North or lie 11 CQ'ld Chin ium.
AssociatiQl.
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P. 0, BOX 4066, MESA, ARIZONA BS201
October 3, 1975
Board of Adjustment
City Council
A spen, Colorado 81611
Attn.: Charles Peterson
Gentlemen:
With regard to Public Hearing Case # 75-20, to be considered
October 9, 1975, 4 P.M., affecting property at 611 East Dlrant
(Little Nell):
As owners of apartment 4J condominium in the North of Nell
Building adjacent to this property, we would wish to record
our opposition to an outside bar on an upper sundeck, particu-
larly since no approved site plan has been submitted.
Occupants of North of Nell apartments are already disturbed
by noise from the adjacent building, and in our opinion, this
proposed installation would increase noise and traffic in an
area even closer to North to Nell. Even though the bar might
be "enclosed", entry and exit would not, and it would be im-
possible to llOundproof such a situation where undoubtedly
there would also be music.
.As investors who realize presently the anticipated return on
rental of our apartment, we feel strongly that this variance
would affect that investment, and that other apartment owners
who also rent North of Nell space would not want this new
development to detract from the kind of living environment
the condominiums provide.
Thank you for your consideration.
S~cerel.y yours, . ),
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NOTICE OF PUBLIC BEARING
Case No. 75-20
BEFORE TIlE CITY OF ASPEN BOARD OF ADJ\JST}ffi~~
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELm~:
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 maybe then adjourned) to
consider an applicatiOl. filed with t:he 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~rlance
are invited to appear and state their vie\.Js, protests or objections. If
you cannot appear personally at such meeting, then you nre urged to state.
yorrviews by letter, particularly if you hnve objection to such variance,
as the Board of Adjustment will give serious consideration to the opinions
of surrounding property ovmeX"s and others affected in deciding ~.Jhether to
grant or deny the request for. variance.
The .particulars of the hearing and of the requested variance are as follo~'7s:
Date and Time of Meeting:
Date: October 9, 1975 .
Time: 4:00 P,M. City Council Chambers
Name and addres,s of Appli~ant for Variance:
Narne:Little Nell
Address: 611 E. Durant Box 800, Aspen
Loc a tiol2.-oE_d. e.Be dpt }..oD, _of ~:2.~~~L:..
Location: 611 East Durant
Description:
Variance'Requested: Variance for permit for outs1..de bar 0 d
:UITa.~-~.-'------- n unper sun eck
BU7 l.ng Inspector's state~ent: application is made for a building permit'to
~u1.~d an enclosed bar serv1.ng a:ea on the upper sun deck. The existing buildinc
l.S ~n an.are~ that has been des1.gnated as a specially planned area on the .
zon1.ng d1.str1.ct ~ap. All development in such areas shall be pursuant to a
fully aoproved s:1,te plan No anoroved site nla h b b- .
Duration of VDr~ance: '(Pl.eastF-cJ:of;S oui: 011'2) n as. een su m1.tted, Sec. 24-7,]
Soec1.ally Planned Areas.
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THE CITY OF AS~)EN BOARD OF ADJUSTHENT
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BOARD. OF ADJUSTMENT
October 16, 1975
Case Number 25-20
Little Nell Extension
PATERSON
Application was made to build an enclosed bar assuming the
area on the upper sundeck. Existing building is in an area
that has been designated as a speciallY planned area on the
Zoning District Map. All development in such areas shall be
pursuant to a fully approved site. No approved site plan has
been submitted. Sec. 24-7.1 Specially Planned area.
PATERSON
Asked if the applicant was here.
OATES
Applicant is here. My names is Leonard Oates with the firm
of Oates, Austin and McGrath and I am appearing on behalf
of the Applicant, The Meeting Place Inc. I would like to
inquire if Mr. Lavagnino is going to be here today?
PATERSON
No, he won't be here.
PATERSON
The name of your corporation was not mentioned, Mr. Oates;
just for proprieties sake, it was Phil Henke, For the re-
cords could you state the name of the corporation?
OATES
MEETING PLACE, INC., which is a Colorado Corporation.
PATERSON
Will the recording secretary add the name of the Corpora-
tion to the bottom of the application?
OATES
Would you like the applicants presentation at this time
or does anyone have any prefacing remarks?
PATERSON
We have some letters here, Mr. Oates, which we should read
after you make your presentation.
OATES
I would like to make a part of the record, a letter which
I received over the signature of one, Susan B. Smith, Deputy
City Clerk. I would like to read that letter into the re-
cord as well, It is addressed to myself in Aspen, Colorado
and is regarding the application of Little Nell before the
Board of Adjustment.
"Dear Mr. Oates: The Board of Adjustment has asked me to
write this letter to you, as the attorney for Little Nell
and Phil Henke. The Board received a copy of City Attorney
Stuller's memo (which I believe you have also read),
explaining the circumstances surrounding this application.
Board members were very displeased with Mr. Henke and his
architect, David Hauter, for some statements they had
made concerning the addition onto Little Nell. Mr. Hauter
stated that this addition would not affect the view and Mr.
Henke alleged that this addition would not be enclosed,
to which one of the Board Members has noted that indeed it
has been enclosed.
The Board asked me to convey their feelings about this var-
iance as being very negative at this time and to urge you
to drop the request. Members are aware that Mr. Henke will
again be coming in for a variance from SPA master plan and
have advised me that they will require some communication
from the Ski Corp as to their intentions with the pr'erty
before the Board has made a decision.
Should you wish to further discuss this or check into the
records more, please feel free to contact my office."
Am I correct that a full record is being made of this
proceeding?
-2-
SECRETARY Yes.
OATES
I would ask that a full record be made from the standpoint
preparation minutes rather than a synopsis or summary as
is normal.
I received this letter about noon today and you can imagine
how I felt. This Board is a quasi-judicial body, which is
acting as a Judge on evidence which is presented to them.
This letter indicates to me that you gentlemen have already
made up your mind and made a decision that this variance
should not be granted. Think about it, if you came to see
me as an attorney and asked me to proceed on a case on
your behalf, and I filed a complaint with the Court and be-
fore the other side filed any response worth pleading, the
judge wrote me a letter and said, "your case ain't worth
a damn, why don't you get it out of my Court?" And that's
precisely how I feel after receiving that letter. Now I
think that it's inappropriate, and I want each of you to
think about it and if you feel that you are unable to fair-
ly judge this case on the merits and the evidence presented
for you, I think you ought to disqualify yourself right now
and we ought to have some procedure whereby fair and part-
ial Boar~ of Adjustment is appointed to hear this matter.
I am assuming this letter was'authorized to be sent by the
Board. I would like to know who authorized it and who in-
structed it to be sent.
PATERSON
We don't know who sent that letter
PATERSON
I have a question.
OATES
It has nothing to do with minutes at all, Mr. Paterson, it
has to do with who authorized and instructed this letter to
be sent.
PATERSON
I would like to ask a question first, Mr. Oates, how did you
receive it today when it was dated October 7?
OATES
I have no idea how come I received it today, it appeared
on my desk on this date to my total amazement.
PATERSON
October 16?
SMITH
It was in the peper last week, did you notice that?
OATES
I didn't notice it in the paper.
DUKES
When was it mailed, Susie?
OATES
I don't know whe~ it was mailed out.
DUKES
I am aSking Susie.
SUSIE
It was just mailed out yesterday, October 15, it was com-
posed last week: but I didn't mail it out. I talked ver-
bally to Mr. Oates and he had requested the letter as a
formal thing, but I had talked to him verbally. I believe
a week after we had discussed to talk to him.
DUKES
So you had talked to him?
SUSIE
Yes
DUKES
So you have part knowledge on it?
OATES
My part of knowledge, well I intended to bring it up, I'm
saying that this entire thing is entirely irregular.
That you people make comments as judges and arbiters are
based upon hear-say evidence.
PATERSON
Based upon the evidence of the last hearing.
-3-
OATES
No, this is totally a separate case.
this room you have to be operating in
realize it's difficult.
When you come into
total vacumn, I
PATERSON
It is not a separate, it is a case from last time.
OATES
Not sir, this is a separate request for variance which
has filed subsequent to the variance which was issued
previously.
PATERSON
This is all you had; a stock holder on a building which
was not authorized. Now lets get the facts straight.
OATES
I'm getting the facts straight. I am applying for a new
variance. My previous variance was approved, this is
a new variance matter which was applied br Mr, Henke on
behalf of the corporation, subsequent to a determination
that there was a problem at site. This is not a con-
tinuation of any case.
PATERSON
The variance specifically states that you couldn't build
anything.
OATES
I'm not talking about what the variance said or anything
of substance. I'm saying that when you come into this
room to act as a judge, I want you to listen to my evidence
and let me present my facts and my position.
PATERSON
That's why you're here.
OATES
No, that's not why I'm here, but it's very difficult for
me to proceed, Mr. Paterson, in the face of a letter which
urges me on behalf of the Board of Adjustment to withdraw
my application for a variance. It's arbitrary and capri-
cious, it's a denial of due process, it's totally unfair.
PATERSON
It's not a denial of due process, you're here aren't you?
OATES
Is anyone member of you who feels that you can't make a
fair decision with regard to this matter, in the light of
this letter being sent, who cannot listen to the facts?
PATERSON
I never even saw the letter until this meeting.
OATES
May I inquire who instructed or authorized the letter to
be sent?
SMITH
You requested, we just heard.
OATES
No, I did not request the letter: it was communicated to
me by the clerk or the person who is acting as Deputy City
Clerk, who indicated that she was going to send me a letter
and then indi.cated that she would like to verbally express
to me the fact that there was some opposition, which I
would have raised anyway on the part of the members of this
board who are supposed to be acting as fair and partial
judges. She said what that was and she said would you still
like the letter. And I said, yes, I would still like the
letter; and this was the letter that was composed but was
not going to be sent, but which finally was sent.
DUKES
Asked why the Board of Adjustment didn't get. a copy,
OATES
I have no idea why you didn't get a copy.
PATERSON
You just said that she said that she wasn't going to send
it, but you asked her to send it, so she sent you a copy.
-4-
OATES
After she communicated the contents of what you instruct-
ed her to communicate to me.
SMITH
The records indicate that you requested the letter.
OATES
No, the records should not indicate that I requested the
letter, the records should iDdicate that you authorized
and instructed the letter to be sent.
SMITH
The minutes will indicate what we authorized.
DUKES
Mr. Oates, do you feel on the original variance that
was granted the Board acted in good faith, on the appli-
cant's information?
OATES
Do I feel what?
DUKES
On the original variance, did this Board act in good faith?
OATES
I have no idea on what basis this Board acted with respect
to the first variance. I was not involved in it, and
I am only speaking with the matter of this second variance
which is being applied for today. With the matter of the
first variance should not be considered by you unless you
wish to introduce it into the record after we have made
our presentation.
DUKES
The point I am trying to bring out is that I think the
Board acted fairly on the first variance.
OATES
I have no complaints about that.
DUKES
The applicant went beyond the scope of that variance, he
did get his spot work order. There was a structure put
up there of which this Board was notified duly, I think
most of us went out and inspected the site. The structure
in question was not encompassed and a building permitand
nor were the plans, that is what this Board is primarily
concerned with is the first variance has been violated.
Do you think that it's wrong to discuss it at one time?
OATES
Yes, I think it's wrong to discuss this mattp.r out of my
presence, and I think it's wrong to consider it, and I
think it's wrong to state a position to someone else.
PATERSON
Were you the lawyer at the time we had our hearing here
on the proposed addition?
OATES
No, sir I was not.
SMITH
Then how could we request your presence, you weren't the
lawyer,
OATES
What does this have to do with requesting my presence?
PATERSON
You asked if this was done in your presence.
OATES
I'm telling you that this is a new and separate application.
DUKES
I know, but we didn't have any idea that you were going
to represent the ---
OATES
I am saying that it is improper for you to discuss this
matter and direct a letter to me saying that you have
already made up your mind to withdraw the application.
PATERSON
Mr. Oates, I will answer your question. You asked who
authorized it and how it came about. I will answer.
PATERSON
(cont'd)
OATES
PATERSON
SMITH
PATERSON
OATES
PATERSON
DUKES
SMITH
COLESTOCK
OATES
SMITH
OATES
SMITH
OATES
SMITH
OATES
SMITH
OATES
-5-
Paterson then read from the minutes of the October 2, 1975
meeting: Old Business: Little Nell --"Colestock brought up
the memo sent to them by the City Attorney regarding the
liquor license extension before Council for Little Nell's.
Council had made the extension contingent upon a variance
from the Board. Members expressed their displeasure
with the owners of Little Nell for not showing them all
their plans and noted that not only had their architect,
David Hauter, said it would not affect the view, but they
also said it wouldn't be enclosed. Members asked the
secretary to write a letter (members, that means all mem-
bers) to Little Nell's attorney, Leonard Oates, advising
him of their feelings. Smith felt that the Ski Corporation
should be made to disclose their future plans for the area
since it has already changed from a simple skier's rest-
ing place to a very commercial area." Board Comments-
nothing further on this. That answers your question, Mr.
Oates?
So then you left it to the Clerk to compose what ought to
be recited in this letter?
The Clerk composed this letter exactly what we requested.
And it took place in a Public meeting which you could have
attended.
You could have attended a Public meeting, it was on the
agenda.
Do anyone of you feel that you cannot fairly act on this
matter which is requesting for a new variance?
Of course we can, I can; does anybody else like to comment?
I can
I can
I can
Can the procedure be understood that this is a new variance
application?
I'm not sure I understand that. Was this construction
taken place prior to the building permit issued after our
variance.
The original building permit issued, but we will get into
that from the standpoint of the testimony.
The construction did not occur as part of the construction
that we authorized?
Yes it did.
Then why is it not part of the first variance?
Because we made application for a subsequent variance.
Long after it was constructed? That is an out-and-out
violation of our variance.
Is that the conclusion that you're drawing before the
evidence?
-6-
SMITH
I am asking you a question.
OATES
The arbitrinous and capriciousness of this Board
SMITH
I asked you a simple question, was it constructed prior
to applying for the variance, as part of the original
construction?
PATERSON
Answer yes or no, Mr. Oates.
OATES
I can't answer that question yes or no. It requires a
lot of elaboration and that's why you're here to listen
to the evidence, if you're willing to listen to the evi-
dence. I am going through what I consider to be a vain
act because I don't expect to get a variance in this matter.
But I do expect to have a determination in a Court of
record with regard to this matter. I am going to proceed
with the case by taking the testimony of the applicant
so we can all try and find out if you're willing to listen
what occurred in this particular situation.
PATERSON
Before you continue, may I have comment from Miss Stuller
please, because I don't like the way this started out.
STULLER
Mr. Oates is obviously making his record early in the game
PATERSON
That's what I don't like about it.
STULLER
I want to point out that initially that I know as a fact
that Mr. Oates was aware of the contents of that letter
or those comments. There is no surprise here, indeed
it is a surprise and he would like additional time to
comment and prepare his case; I'm sure the Board would
grant him that, if that's his complaint. And secondly
I take issue with the sescription of the letter or posi-
tion taken by this Board. This is not an attempt to pre-
determine the vote on any second variance. It's an attempt
to state the position that they don't really feel that you
are in a position to ratify that they consider a viola-
tion of an earlier variance. I would suggest Mr. Oates
is overstating his case, but I would not be intimidated
by it, self-serving statements on the record are not taken
as fact, they are just taken for what they are and I
think that we ought to present a little civil matter and
I would assume that this Board is open minded and I would
appreciate his comments until it is proven to the con-
trary.
OATES
The letter I have submitted is a copy of Mrs. Smith's
is accepted for the record is it not?
STULLER
What is it being offered for, for what purpose?
OATES
I just want to on the record for whatever purpose, it
has something to do with this variance.
PATERSON
It has nothing to do with this variance. It was a state-
ment of a past variance. We make statement regarding
something else. It has nothing to do with this variance.
And that shouldn't be part of the record as far as I am
concerned.
OATES
So you're rejecting it for purposes---
PATERSON
No, I'm not, I'm asking Miss Stuller.
STULLER
The point is that usually when something is being offered
for the record it's being offered to establish a parti-
cular point of position being offered for a purpose and Mr,
Oates refuses to define what his purpose is for offering
it, so we are not in the position to accept or reject it.
I guess we will have to accept it because he has already
recited it verbatum on the tape.
OATES
STULLER
SECRETARY
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
-7-
I would like to proceed by taking the testimony of Mr.
Henke in this matter who is the agent for the applicant
and the secretary of Meeting Place Inc. I take it there
is no necessity of an oath in this matter in as much as
this is a quasi-formal proceeding.
If that is your elective, the Board will put your client
under oath.
Mr. Henke do you swear that the testimony you are about
to give is the truth and the whole truth so help you God.
I do
We may proceed. Would you state your full name.
Philip Paul Henke
And your address
Box 800, Aspen
What is your employment?
Manager of Little Neils
Are you the secretary-treasurer of Meeting Place Inc?
I am
In such a capacity did you have an occassion to apply
in the Spring of 1975 to the Board of Adjustment for a
variance?
I did.
What would you state that variance was for?
It was a variance for the addition, a sundeck, approxi-
mately 1200 sq, ft. with a sundeck on top of the addition.
Did you have plans for that?
Yes
Were they presented to The Board of Adjustment?
They were
What was the outcome of your variance application
We were granted the variance
And then what did you do?
We proceeded to build it.
In accordance with the plans which were presented to the
Board of Adjustment?
Yes
Then what happened?
After we had the sundeck built on top of the addition,
on top of the enclosure, it seemed like a nice place to
be, a nice place to sit, to watch the racers, to watch
people ski or whatever; and we thought it would be a nice
place for an outside bar rather than have any people
walking up and down the stairs, or even having the waitress
walk up there.
-8-
OATES
Mr, Henke, let me interrupt you for just a second, Was
it after you substantially completed the enclosure which
was authorized by virtue of the earlier variance which
was granted to you?
HENKE
Yes, that place was roughted in and the frame was there
and it was pretty much under completion, Then I called
my architect, David Hauter, and I told him of the idea I
had as far as putting in an outside bar on the upper deck for
the convenience of having it up there because the turnout and
it would be a nice place to sit and enjoy whatever; spring
time, skiing, watching the skiing, so forth and so on, So
I asLed him if he would get a drawing together for me so I
could submit it to the building department and apply for
some sort of permit because it was a real small thing; David
answered me like maybe you don't need it because it isn't such
a big deal, It's a small structure so forth and so on; so
why don't you call the Building Department and find out what
would really be required to do,
PATERSON
Could we have the date on that.?
OATES
Would you describe the approximate date that you had the
discussion with your architect?
HENKE
I could kind of guess probably mabe 3 to 3~ weeks ago,
OATES
3~ weeks previous to the date of this hearing?
HENKE
Well, it's more than that because we haven't done anything--
a month, maybe 5 weeks, I am just guessing because I've had
so much on my mind, So I called the Building Department and
what I got from the Building Department is if it's alright with
the Health DeparLmr""t, and with the Liquor Department;
they couldn't see anything wrong with it,
OATES
And who stated that to you,
HENKE
Clayton Meyring, the City Building Inspector.
OATES
And then what did you do.?
HENKE
So I went down to two of these Health Departments and
discussed what I would like to do as far as serving beer
and it would be strictly beer and hot dogs. And discussed
with him what would be required to have behind that bar as far
as the He lath Department was concerned, Like the hand sink,
what kind of floor and all of the things that it takes to
operate something like this, I guess it was alright with them,
I then called Dotson, who is the State Liquor Inspector; I
called him several times and finally got hold of him, and he
can'e in from Glenwood Springs for this whole purpose, I
went through the things with him as far as what the State
Liquor Laws were as far as serving up there and how it should
be served so forth and so on. He couldn't find anything wrong
with it, After I went through that and I figured well that's
it, I'll put up the structure, I then called Clayton for the
inspection of the building that we got the original permit
for, the original variance for and Clayton's original remarks
were like--Ididn'tknow it was going to be like that,
OATES
Was that when he came to make the inspection.?
HENKE
That's when he came to make the inspection at the building we
already had the permit for. I already had about $2500 invested
in the thing and .I ,]()n' t know what an outside bar is suppose
to look like in Asp<', I with the snow and the freezing of the
sink we hJve to have as '.ar as the Sanitation Department is
concerned and it was1\'t Hiy int.nction to do something illcgally
HENKE
(cont'd)
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
OATES
HENKE
Ol\TES
HENKE
OATES
HENKE
-9-
because it is stupid of me to do that in the first place because
if I have to have inspections on the building that I already
have a permit: for; for me to put something up there that I
don't have a permit for and expect to get away with it it
just doesn't make sense, My intentions were not that,
What did you do after Mr. Meyring indicated to you that
he didn't think it was going to look like that, Did he
then issue a stop work order?
Not immediately, I stopped working on the bar, No he
didn't issue a stop work order, I triecito get the siding
on the bar because the Council was suppose to come up and
look at it and I wanted it to look better than it did because
we only had a couple of 2x4' s up there, So after the, Council
meeting, which they approved the extension of the liquor
license except for the bar On the upper deck, they did not
approve that, I told them the same story as I am telling
you.. l\nd then they kind of said that it's out of our hands
that it has to go before the Board of variances, But in the
meantime, I submitted a permit and paid for it. Then after
the Council meeting, I had a stop work order on the bar;
but I didn't do anything after that anyway; but my intentions
Were good because it would be very stupid for me to do
something like that when I know a building has to be inspected
for an original variance that we had. It isn't something
that you can pass by and don't see.
Mr. Henke, where is the structure that the original variance
that was issued was located in the City? Is it on block
IOn
I really don't know
Would you describe it geographically or physically in relation
to the Court House; in relation to any landmarks in the
community,
In relation to any landmarks in the Community, it's next to
the North of Nell Building and across the street from Aspen
Sport,
Is it on the south side of Durant Street?
Yes,
Who owns the property on which the building on which the
variance was granted?
The property is owned by the Aspen Ski Corporation.
Who owns the building on the property?
The Meeting Place Inc.
How long have you owned the building?
We have owned it now for approximately 3>, years,
Could you tell me under what authority that building is
situated on the Ski Corp, property.?
AS far as the lease goes?
Yes.
We have approximately 27 to 28 years left on our lease,
-10-
OATES
So you're saying those improvements are On that property
by '/irtue of a lease between the Aspen Skiing Corporation
as landlord and your Incorporation; Meeting Place Inc., as
tenants,
HENKE
'rhat's right.
OATES
But you do physically own the building, is that correct'?
HENKE
That's correct,
OATES
Can you describe tI,e improvements the Skiing Corporation
on that same property; what they own on the property?
HENKE
Well, they own the property and they own the parking lot,
of course, and the building is owned by us,
OATES
What else do they own there, in that general area?
HENKE
Well in the general area, I really don't know how much
is leased from the Skiing Corpvration as far as Forest
Service Property,
OATES
Mr, Henke, I'm going to hand you G photographs which report
to be photographs of the improvements which you constructed
on the property, Could you describe each of them'? How
would you like these marked, Mr. Chairman--l through G?
PATERSON
Anyway you desire,
HENKE
This first shot is taken from the side of the mountain from
the South side of Aspen Mountain facing the structure,
#2 photograph is from a greater distance from the same side
#3 photograph is taken from tb:e North of Nell side of the
imprOVement
#4 photograph is taken from Durant street.; northeast side
of the building on Durant street
# 5 photograph is taken from the north sid.' on Durant street
facing the front of the building. Facing south from Durant
Street
#6 photograph is [rom the northeast side again at a greater
distance than #5
#7 photograph is alike from the northeast Durant street;
from the Aspen Skiing Corporation parking lot adjacent to
the building
OA'rES
We ask the Board to consider those photographs in respect
to the impact of the particular structure, Mr, Henke,
what do you intend to use that building for?
HENKE
Now; for beer, hotdogs, ho.t wine, coffee,
OATES
What would your hours of operation be?
HENKE
They would be only on nice days during the winter time and
approximately from 12:00 noon to 4:30 p,m,
OATES
Will there be any evening operation?
HENKE
No evening operation.
OATES
Mr, Henke, why is the bar enclosed? Can you explain to the
Board why you have enclosed as opposed to having an open
bar which perhaps was contemplated by some people in your
discussions?
HENKE
The reason for an enclosed bar is because we have to have a
sink behind it for hot and cold water for employees who are
HENKE
(cont'd)
OATES
HENKE
OATES
HENKE
OATES
PATERSON
COLESTOCK
HENKE
DUKES
MEYRING
HENKE
COLESTOCK
HENKE
COLESTOCK
HENKE
COLESTOCK
SMITH
-11-
working behind the bar and serving hotdogs; and any bottle
beer, coke, or anything that we have up there is subject
to freezing so it has to be enclosed, we have heat in there
also, so it has to be enclosed just to keep everything
from breaking, Also there will be somebody working behind
there and they'll get some protection from the roof.
Is the structure which you have errected in the form of
the enclosed bar of the sundeck below 40' above the gradient
of the lowest part of the building?
It's approximately 20 some feet.
In summary, Mr, Henke, you would recite that you were
acting in good faith upon what you thought was to proceed
from the building inspector and followed through by your
discussions with the Liquor Department and the Health
Department?
That's right.
I'm sure Mr. Henke would be willing to answer any questions,
we have additional plans which we would like to present,
Any questions?
If the photographs show properly; I'm trying to thing of
when I was through--about September 26--and the stop work
order was on the structure at that time and it wasn't
painted, it wasn't plumbed, nor did there appear to be any
heat ducks at that time, You state now that you do have
plumbing and the heating; apparently, it looks on the photo
that it has been painted, Was this work completed after
the stop work order was put on the structure?
After the stop order was there,
When was the stop work order issued, Clayton?
I haven't got that, I could get it.
As far as the heating, the plumbing was there; the place
was insulated. There isn't any heat up there except for
the wire because there is electric heat.
You have no anticipation of summer eveni.ng operation on
that sundeck?
The only summer operation that I would anticipate on the
sundeck would be in the afternoon; an outside bar, volleyball
in the back and things like that. As far as evening operation;
no, none whatsoever.
In the original permit you stated, I think it was for a
1200 sq.ft, addition with the sundeck over the addition,
and you were issued a building permit on the basis of that
application; is that correct?
Right
Then you understood at the time that permit covered only
that type and that amount of construction?
I would like to ask Clayton if there is anything that you
have to say regarding his time schedule and his step by
step operation to the Liquor Department and Health
Department and so forth,
-12-
MEYRING
When I went up there on inspection it was a big surprise to
me because in that telephone conversation it is suppose
to be an open bar.
PATERSON
He claims that he submitted drawings, he submitted to the
City of Aspen, September 5; you have not seen any drawings?
MEYRING
I have seen nothin9~
PATERSON
That is important, you stated in your presentation that the
Building Department had drawings.
OATES
Mr. Chairman, I said that Mr. Henke testified that as soon
as he was aware that a problem existed he got the plans
right in after his discussion with Mr. Meyring during the
final check brought the plans over and submitted the appli-
cation for the building permit,
PATERSON
He stated that he asked his architect to draw up some
drawings.
OATES
Then what did your architect say.
HENKE
My architect said that it might not be necessary,
PATERSON
So, you built the building without drawings? Did you have
drawings to build this structure?
HENKE
No, not the upstairs outside drawings,
PATERSON
So, the drawings were done afterwards, after the structure
was built?
HENKE
Right,
OATES
I would like to show the good faith that Mr, Henke has been
operating under, I would like to have the date of that
stop work order in relation to actual date that the inspection
was performed.
PATERSON
Asked Meyring to get the date of his framing inspection,
OATES
Mr, !lenke, if I may, your testimony was that this construction
for a bar; which was something that was not originally
contemplated by you but was clearly an after thought on
your part, is that a correct summary of your testimony?
SMITH
That's the testimony as I heard it, but what I am confused
about, Mr, Oates, is that this construction was discovered
at the framing inspection which is the very first inspection
that you call for and that's why I don't understand how
the lower construction was substantially completed if the
Building Department noted
HENKE
As far as completion to the lower inspection, the lower
inspection as far as being completed was in its rough stages.
It was all rough then, and the outside was just about finished,
SMITH
It was still framed, the walls were not closed?
HENKE
The inside was framed and the siding was on it, as far as
any enclosure, you have to call for inspection.
SMITH
It is your first inspection, your framing inspection is when
the construction on the roof was noted by the building
inspector?
HENKE
Right.
-13-
SMITH
So, I find it hard to rationalize your statement that this
was an afterthought; after we got the rest of the construc-
tion all completed,
HENKE
The sundeck was up; the sundeck was completed.
PATERSON
But the framing on the new part, this part here, was not
up during the framing inspection,
HENKE
It was up during the framing inspection,
SMITH
Can you establish what date that was, what month that was?
HENKE
The framing inspection wasn't the same time the stop work
o\rder was.
SMITH
We understand that, That's when you said the building
inspector observed this unauthorized construction,
HENKE
As far as the framing inspection, I don't remember the date,
The roof was in, which was the sundeck; the stairs going
up there were on; we tried to work on the outside because
of the weather factor we had going; and at that time that
is when I thought the sundeck factor would be a nice thing
and that is when I made the phone call before we did too
much inside,
SMITH
You were at the previous hearing?
HENKE
For the original variance? Yes, I was,
SMITH
And you do remember the discussion that this would not
affect the view at all? You do remember what a structure is
or why you applied for a variance?
HENKE
The main reason why we applied for a variance was from what
I understood was we were lacking a master plan which was
almost impossible to obtain because of what the proper.ty
requires and it belongs to the Ski Corporation,
SllITH
The reason you needed that was because you were enlarging
a structure. In other words---
HENKE
The use was there,
SMITH
Yes, the use was not in question; I just can't understand
how could you sit through that whole proceeding, listen
to the statements that it would not affect the view, it
would not project up any higher,
HENKE
It isn't projecting any higher.
DUKES
That's what the neighbors were sold on, was the fact that
it would not go up any further in height: due to the fact that
the view plain was already there that nothing would be
extended above that; so therefore the view plain would
remain the same, the lift shaft and the garage and that
sort of thing would not change a bit; so the view plain
would not be altered so therefore I would think that you
would understand that the building was not suppose to rise
above the plat.
SMITH
Code requires that you have a 36" railing around that which
we were aware of. Presumably it would have been a bar if
you were going to establish a bar up there and to establish
a bar is quite different than if you were going to build
a structure up there, Is that where you were confused?
-14-
HENKE
No, I really wasn't confused. I didn't think that this
bar would be that big of a thing, Probably because of the
location,
SMITH
You testified also, I believe, that the reason this ha~ to
be enclosed was all these problems with an outside bar.
Is that correct? Didn't lower sundeck have outside bar?
HENKE
Yes, it does.
. SMITH
Did the outside bar-- was that heated? Did that have a sink
in it? Did that have all of those facilities?
HENKE
Yes.
SMITH
And it was enclosed?
OATES
This would be the type of structure where panels would
come off when it was opened, Otherwise, it would be totally
enclosed, I would like to address myself if I might to
the matter of this view situation, It seems .to me that
if Mr, Henke is denied the right to build a structure of
this nature or any structure which is higher up to the
zoning classification in the commercial core district; he
is being denied a substantial right and is enjoyed by others
in the neighborhood, We have a situation where this property
is zoned commercial core, Somehow it has been singled out
for specially planned area, I do note that other than the
Institute property it seems to be the only-- no, I'm sorry
there are two other than the Hallum Lake property and the
Insti tul", property-- it seems to be t.he only other property
existing in the communi ty persuant to the zoning map which
has been singled out,
STOLLER
Let me interject for a few minutes; #1) we are not talking
about whether or not someone will be entitled to build
above or below the height limitation and district, that
is not the issue, The second point is about the SPA desig-
nation; I'm really upset about this, is that that was requested
by the applicant and this is why, because originally that
tract of land was zoned as lodge commercial; it would not
have allowed any commercials, any bars, any restaurants
whatsoever; and they are enjoying commercial core densities
and commercial core uses down there much to the competitive
disadvantages of their neighbors and they said alriCiht the
rationale for that was is because it was the intricill link
between the City and the mountain and they said alright we
will master plan that site to accommodate that purpose if
we can enjoy that zoning, and that is exactly why,
OATES
But was it realized at that time that the applicant had
no control over these other opportuniLies? Mr, Henke was
in the sole knowledge of exactly what his relationship with
the Ski corporation was and I point out that 1) he owns the
building, 2) he has a 28 year lease on the building, 3) there
has been no evidence that the Ski Corp, would curtail any
type of business activity there, We are not told that the
Ski Corporation would prohibit his master planning his own
building his own site. We don't know that and furthermore,
I would venture to say the lease doesn't even speak to that
and I am sure the Ski Corp, doesn't control what kind of
configuration the building takes or what uses are made of it,
I'm saying, what requirement would there be as far as master
planning this particular piece of property? Would a master
plan of there own building be accepted?
-15-
STULLER
Of course, if that's the only improvement on the site that's
obviously the intention; but what we are saying here is that
no offer from master plan was ever made, The first variance
was offered on one condition saying that it's a very harsh
and time consuming process and we wish to make only a slight
modification in floor area and use and that was the premise
that was given. Now we find that an additional bar area is
contemplated with a major structure in an activity of
traction and it also interferes with the view and that's
why the height is coming into the issue,
OA~rES
That's not at all clear from the minutes of the earlier
Board of Adjustment meeting; which addresses itself to this
applicant's inability to master plan the entire lot, alot
of which it does not have any control. I .think the minutes
speak for themselves, you can go through them; that's why
they were here on the last variance. If it Vlere :l question
of master planning their own building, the master plan may
be presented in the form of the modified building itself,
All they have is a building below there.
s'rULLER
I would suggest that Article 7 tells you exactly what the
procedures are in order to master plan, I would also suggest
that you open this hearing under statement that you would
like to direct attention to the variance at issue here,
that you would not like to spend time discussing or attempt-
ing to ratify what had happened before and that is exactly
this whole tone of your evidence.
OATES
'Phat's not trying to do that. somebody here wants to discuss
views,
STULLER
That's not the point. Why don't we direct our attention
to not exactly why Mr. Henke did it but whether or not he
did it in good faith or what his motivation was or the
sequence or what, I would suggest that it be appropriate
that you present evidence to substantiate a variance from
the SPA requirements, direct our attention to that issue
and yet you present no evidence on that issue,
OATES
Why a variance from SPA?
srrULLER
Should be granted
OATES
My position is simply that the entire area, which is the
entire block, is zoned SPA and the only property over which
the applicant has any control is the building structure
which is situated on that property, it has no control over
the parking lot, it has no control over the Skiing Corporation's
base facility, it has no control over the Ski School's meeting
place, it has no control
STULLER
None of these particular changes affect those particular
pa:;:~ 0': the tract. We are trying to determine why he should
be permi t_ted to make this particular protrusion over land
which he does control and not comply with his full SPA
requirements,
OATES
Because the SPA requirements is described to the applicant
where he had to present the Skiing Corporation's master
plan for the entire area, If you want a master plan with
respect to our building, our building is our master plan,
That's in effect what it is,
STULLER
I'm sorry, but it has not been approved in the master plan
process to date, The point is that no permit shall be issued
in an SPA area until a full master plan has been presented.
-16-
Mr. Henke and Mr, Hauter were involved in the designation
of SPA, they should or they are presumed to know what those
obligations are. We have had two major changes to the
property to date, The first was somewhat justifiable
in terms that it did not affect the configuration of the
building or the views and it was merely an enclosures of
an existing commercial use area, Now we are talking about
not only constructing in terms of height, but constructing
another major activity area on the building and I suggest
that if you are going to change a building to that extent
that it is perhaps time that you master plan the site as it
was originally intended. Or if you don't like the SPA
designation, request rezoning of the tract.
OATES
It was never suggested or presented to the applicant that
he could present a master plan for that portion of the
property which he occupied, It was always understood by
him that he was required to present a master plan of the
entire block that he was unable to obtain any cooperation
in this regard whatsoever from the Aspen Skiing Corpora-
tion, and understandably so, They say they don't want to
do anything with it.
STULLER
Then perhaps rezoning is the appropriate remedy,
OATES
The application for the variance is based upon the acts of
the applicant performed in reliance upon statements or
conversations which he had with the building inspector and
proceeding in good faith with the expenditure of substantial
sums, The area is still zoned CC and presumable the CC
means something; he is way under the height limitation so
I don't see why anyone is kicking about the view, I would
like to know what the CC means in conjunction with the
specially planned area.
STULLER
CC uses and CC densities are permitted if there is a master
plan,
OATES
Perhaps an answer would be to get a determination here without
prejudicing our rights to present this matter before the
planning and zoning commission based upon a master plan for
our building.
STULLER
I think that is a superb idea, and that was exactly intended
in the first instance,
OATES
I didn't understand that, I don't know why everyone at the
earlier hearing didn't address themselves to the entire
property.
DUKES
That's because the Board decided that they change that to
take care of view
STULLER
Mr. Henke's argument was that the SPA designation created
a hardship because the Ski Corp. refused to join in the
application,
DUKES
They changed the SPA zoning so Mr, Henke could have this
structure over there and go ahead without a master plan,
STULLER
lIe requested that it not be a non-conforming use,
OATES
Didn't each member of the Board understand the problem
which gave rise to the necessity to come before you was
the fact that even though a master plan was required for
-17-
this block that the applicant, it was impossible or
extremely difficult for him to master plan the entire
area becuase he only had a building among many buildings
and property which was an island in the middle of the
Skiing Corporation.
STULLER
That condition existed when Mr. Henke asked for that
designation and he should have been aware of it, That's
really not the point, The point at that time was that
perhaps the procedures were too long and too lengthy for
the very, very minor impact that that particular enclosure
would have and that's what the grounds for the variance
were given as, They said that if you're merely going to
glass in an existing premise, then we think that a master
plan is too burdensome and we will give you a variance
because in this case it both creates a hardship.
OATES
Then whoever draws up these minutes is a great fiction
writer,
PATERSON
May I quote from the minutes, "Architect Hauter noted that
the view would not be altered from Aspen Square and the
noise came from the night-time uses." That's in the
minutes.
OATES
That doesn't speak to what the requirement was and why the
variance was being sought because of this small parcel of
property within a much larger JUarcel.
PATERSON
It's all in the minutes
STULLER
The argument in terms of view were that if it was going to
have absolutely no impact in the configuration of this
building, then all right, that lessens the impact and
therefore the requirements for Specially Planned Area
have less importance, and that's how the viewpoint or view
issue came. I would really think that we get back to the
point of the request, exactly what we are looking for,
SMITH
Let's make Mr. Henke understand that master planning is
a function of planning and zoning, it's not a function of
this board. What they require, the different hearings, and
notifications and public hearings that you have to go through
to master plan are all contained in the ordinance and it's
not a function of this Board. So we don't know
HENKE
If I had a master plan of my building, accepted by the City
I couldn't add another story on to it
SMITH
You can't do anything but what the master plan says you can
do, The master plan says what you are going to do,
OATES
We appreciate this and this is tremendous and very helpful
from out standpoint. The thrust from these earlier minutes
go to our difficulty arising by virtue of the fact that
we couldn't master plan this because we didn't have any
control over anything except our own building, not the whole
plot and that's what all these minutes say,
STULLER
If those plans were made they all came from Mr. Henke or
from Mr, Hauter. We do not know what the relationship was
with the owner. We don't even know that the Ski Corp
wouldn't join in an application,
-18-
OATES
It's clear, it's stated right here in the minutes. The
Ski Corporation has not been represented. I could subpoena
them here I suppose, I did talk to a representative,
Hauter said that Ski Corp, planners had no plans to
change the area within the next five years, I talked to
Mr. Richardson yesterday, and he said to me, indicated to
me that they had no intentions of master planning that
area, they like it just the way it is and they didn't want
any changes and they weren't going to join in any request
they had no plans, they didn't was to expend any money,
They indicated that they felt that a master planning of
the area would be costly, would be wasting money, they
would consider it if he would pay the bill, but why do a
vain act. In the thrust of all these minutes, is the
entire area that is pointed to especially the planted are
bordered by the street that runs up by the Anchorage and
the Aspen Alps which I guess is the southerly extension of
Spring street and bounded on the west by the property, a
dead end on Hunter street, All this area had to be planned
at one point in time, Had to have master plan for the
whole area.
STULLER
If it is your intention or your client's intention to
never master plan but want to continue to construct over
the next few years, then I would suggest your remedy would
be to request a rezoning of the tract to eliminate the
SPA designation,
OATES
I have no problem if we are entitled to present a master
plan of our own building. That's what you're indicating
to me and now you're changing your position.
STULLER
I ean't tell you what the P & Z is going to accept as an
appropriate master plan, If no construction intended for
the next five years, how can you master plan what will not
happen, What I See is going on is that the Ski Corp says
they don't want to build anything, and your plan does,
OATES
Hen.,' s what it says, a permitted the entire area designated
the entire area designated to show on the plat
STULLER
All right, if the Ski Corp intends no construction, then
the master plan shows no construction, What is the problem?
OATES
I still have to master plan the entire designated area.
STULLER
All right, then master plan the parking lot as a parking lot,
if there are no intended changes to it.
OATES
Then I have to hear from someone who may be friendly or
unfriendly to go along and say, "you did a really great
job of planning my particular parcel of property,"
SMITH That's part of your lease,
OATES I beg your pardon
SMITH Isn't that part of your lease?
OATES To master plan for them?
SMITH No, to have some cooperation with them.
-19-
OATES
Mr. Smith, I don't know how many landlord-tenant situations
that you've been involved in but sometimes they're not
the best of relationships, not that this one isn't' but
there are many areas of disagreement and areas of lack and
cooperation between landlords and tenants and I don't
think we can get the job done.
SMITH
Frankly, I think this board has always been confused about
what the actual parcel of land was, and what your lease
actually covers, is it just merely under the shadow of
the building? Do you just have an easement to get to it?
HENKE
We own the land that the building sits on.
OATES
You lease the land
HENKE
We lease the land that the building sits on. The parking
lot we are entitled to six spaces in the parking lot. Just
recently I talked to the Ski Corp about doing something
with the parking lot. Actually the parking lot belongs
to the Ski Corporation, and I am entitled to six lots
during the winter.
SMITH
Do you have an easement to get to the property then, or do
you trespass every day you walk in?
HENKE
I assume I trespass.
OATES
There has never been any problem with the access. The
Skiing Corporations ticket booth is actually situated in
the same building as is the ski shop which is rented by
Nancy.
PATERSON
I would like to get some letters in the record that we
have recorded here.
OATES
Could we take about five minutes break and then read them,
PATERSON
Is it agreeable with the Board?
BOARD
Certainly,
COLESTOCK
Letter dated October 16, 1975, to the Board of Adjustments,
"Gentlemen: Pertaining to Case #75-20 application for
variance for Little Nell, 611 East Durant, the Aspen Alps
Condominium Association requests that the variance for an
outside bar on the upper sun deck be denied for the follow-
in reasons:
The original purpose of the building located at the bottom
of Little Nell lift was for daytime ski-oriented amenities
such as sale of lift tickets, ski shops and lunch facilites,
We feel that as this location is adjacent to many second
home condominiums, we cannot stimulate further night club-
oriented businesses in this area. We feel that additional
bar-related enterprises will further already inadequate
parking and add to the already prevalentnighttime noise
factors.
We approved the previous variance request from the Little
Nell on the stipulation that no outside amplications of
music be allowed, but feel that with the space now allowed
from that variance, we cannot condone further variances
-20-
for this project for the reasons stated above. Gerald G,
Hewey, General Manager?
SMITH
This letter is from North of Nell, Aspen Board of Adjustment,
"Gentlemen: Dated October 10, 1975, In connection with the
application for a variance by Little Nell (Case No, 72-20)
we at this time want to call your attention to our concern
as expressed in our letter dated July 9, 1975, in response
to an earlier variance request by Paul Henke and Mike Sutton
in Case No. 75-12. Apparently the same project is involved
in both applications.
In our prior letter we stated that if that applicant was
granted the required variance, we were concerned that it
would be followed by requests for additional variance
requests,
These variances are of concern to us since the subject
property was originally a ski lift base facility providing
such services as ski ticket sales, rest rooms, restaurant
and ski shops. Since then the building has been remodeled
and enlarged and its use changes so that a substantial
portion is now a night-time bar operation.
We object to the granting of this additional variancc since
it is another step contributing to the increased congestion
and noise pollution in this areas, Yours truly, Will
Nicholson, President, North of Nell Condominium Association,"
SMITH
Addressed to the Board of Adjustmcnt, City Council, dated
October 3, 1975, "With regard to Public Hearing Case #75-
20, to be considered October 9, 1975, 4:00 p.m.,
affecting property at 611 East Durant (Little Nell);
As owners of apartment 4J condominium in the North of
Nell Building adjacent to this property, we would wish to
record our opposition to an outside bar on an upper sun-
deck, particularly since no approved site plan has been
submitted,
Occupants of North of Nell apartments are already disturbed
by noise from the adjacent building, and in our opinion,
this proposed installation would increase noise and traffic
in an area even closer to North of Nell, Even though the
bar might be 'enclosed', entry and exit would not, and it
would be impossible to soundproof such a situation where
undoubtedly there would also be music.
As investors who realize presently the anticipated return
on rental of our apartment, we feel strongly that this
variance would affect that investment, and that other
apartment owners who also rent North of Nell space would
not want this new development to detract from the kind of
living environment the condominiums provide, Thank you for
your consideration, Mr, and Mrs, John R, Kissinger,"
PATERSON
Mr, Helmich, could I have you read the letter that Aspen
Square sent us,
HELMICH
This is a letter to the Aspen Board of Adjustment from
Aspen Square: "Gentlemen: The Aspen Square Condominium
Association 7-man Board of Directors me.t in Aspen on October
-21-
HELMICH
(cont'd)
4, 1975 and discussed the variance requested by Little
Nell's Restaurant to build an enclosed bar serving area on
the upper sundeck which was constructed under a recent variance
granted by the Board of Adjustment, The Aspen Square Board
unanimously authourized and directed me to express opposition
to this additional variance for the following reasons:
Is.-B.a.E9shiE-~egitiI11.ilte? The Board of Adjustment previously
granted a variance to the applicant based on, presumably,
the "hardship" resulting from the inability of the applicant
to master plan the property or persuade the property owner
to do so, If this logic is sound, it would indicate that
the applicant could apply for almost any variance imaginable
and demonstrate a hardship to the Board of Adjustment,
the Aspen Square Board of Directors feels that the Board
of Adjustment needs to eXercise good discretion in dealing
with this applicant and with such an obviously one-sided
approach.
Zoning: Common sense would indicate that one of the basic
historical reasons for zoning property would be to group
together compatible land uses rather than having, for example,
a horse rendering plant in the middle of a residential
neighborhood, This particular parcel of property is essentially
surrounded on three si,les by tourist accommodations (North
of Nell, Aspen Squure, Chauteau Chaumont, Chateau DUI!Lont,
Aspen Alps, etc) with skiing on the fourth side, [t is
obvious that these tourist accommodations have hud, and will
continue to have, little or nothing to say regarding the
future use of this property if yet another variance is
granted, The latest zoning requires tl0t the parcel of land
upon which the applicant proposes to make improvements be
master-planned prior to any construction, Many of the Aspen
Square owners purchased their property with the knowledge
that the primary landowner of this parcel was the Aspen
Skiing Coqo,.ration and that, it was reasonable to assume that
the need for access to and from the lift and its related
Clctivities would probably preclude any major change that would
dramatically affect their view or ease of access to the
lift, I feel that the r~cent zoning change should be enforced
in this instance in that piecemeal modifications of the
property could well result in theAspen Square owners being
deprived gradually of opportunities to express themselves
on the merits or faults of any changes, Mr, Yank Mojo of
the Aspen Planning Office expressed the implied threat at the
June 26th meeting that a master-plan of the property could
result in a larger, ~ore dense structure than the present
one. While this is a possiblity if the applicant can convince
the landowner to master-plan the property, it is not a unique
possiblity for such could happen at any future time under the
present zoning, I personally can see no gain to the Aspen
square owners other than perhdps some time by ignoring this
proposed construction so as to avoid a m0ster plan that may
be inevitable, I also feel that it is better to know as soon
as possible if their property and esthitic values are to be
damaged ,~'o that they may take whate'Jer action they reel is
appropriate,
Equity: I Would refer the the Board to the following portion
o-f-a-- letter addressed to the Board on June 19th by Hr. Fred
Dill, one of the Aspen Square property owners:
"The "Noise pollution" from this building. particularly
in the evening, is substantial at present, If the outdoor
area is increased there can be no assurance that this
area will not eventually be used in the evening
-22-
and greatly increase the alre~dy high noise level.
In the J.lUilding' s present condition there is occasionally
so much noise in the evening I sometimes find it difficult
to sleep, Certainly the daytime noise level will be
materially increased,"
Over the past 4~ years I have directly or indirectly supervised
the management of Aspen Square cll,d have received, during that
period, numerous cowplaints on Uw noise problems from that
property. A certain number of the,;e complaints ],C1ve been
referred to the Aspen Police Depa:-t_r:.ent_ ',,,Tho l-~,1:::; nCVl~r 1 to
my knowledge, been succes::;ful to .:".n1' (J~:-C(lt degree j.n correcting
the situation due to the inherently diificult task 0_ t~ying
to locate which person or persons in a c~o~J of lOa or so
yelled at the top of their lungs and woke up half of the
people trying to sleep on the surroundinq buildings, The
question of equity arises quite simply: hl1V should this
applicant be granted a variance that will enhzmcc ],.,s profits
to the almost certain detrement of surroundin1j proflerty
owners who will have no practical or realistic recourse and
may suffer economic losses and guest ill ",ill "'s a result
of lost business due to the inability of paying guests to
get a night's rest?
~or any, or all, of these reasons, the Aspen Square Condo-
mini\1ffi Association' s Board of Direc.tors requests that this
variance be denied," Respectfully Submitted, Donald B,
Helmich. Managing Agent - For the Board of Directors, Aspen
Square Condominium Association, Inc,
PATERSON
Is there anyone else in the room that would like to make a
request regarding this variance?
OA'fES
Could I comment on LIc letters, The applicant represented,
I believe with the earlier hearings and would re-represent
at this point in time, that there will be no outside music
in con-junction with t.lw use of the sundeck which will be
used For purposes 01 drinking or lounging or watching ski
races or whatever regardless of the outcome by virtue I am
indicating there will be no outside music or amplified music.
The applicant recognizes problems that were created in the
area by virtue of operation of a rock night club in the
basement under the name and style of the Gallery, They were
dissatisfied with that operation, they were dissatisfied
with the kind of veople that it attracted and they had
closed that institution and will never open that particular
area again to that type of operation. Am I correct, Mr,
Henke?
PA'I.'ERSON
Are ym; :,aying that night club----
OATES
I am saying that that night club is closed and is gone. The
only night time use that is proposed for the upstairs
facility and that's the enclosed portion of the upstairs
facility is the use for pr~vate parties by ski clubs and
groups that come to town, for the Aspen Skiing Clubs or
organized organizations 01 L,;,,'^t the cononunity service or
the entire Aspen experience,
PATERSON
It will not be called the Gallery?
HENKE
T},e Gallery is no longer there,
OATES
I wouldlike to note and make uJ.l of you realize that an
outside bar and sundeck was an intrical part of the facility
down there at the base of Little Nell long time before either
North of Nell or Aspen Square came along; and I think one
of those property owners bought with knowlege of its existance
with the assumption that the Aspen Skiing Corporation is
-23-
OATE:'.
(cont'd)
not and will not do anything with this property, I don't
think that that is any evidenturary value to the Aspen Skiing
Corporation I suppose could come up with a plan and make a
proposal and utilize that property in whatever way was
proved by the Planning and Zoning Commission and by the City
Council, City Of Aspen, that is my response to the letters,
Nancy Snell is here and I think would like to speak on the
sUJ-~' j ect a
SNELL
I only have a brief conunent to make; I have a managenvo,nt
contract with Mr, Henke and his Corporation and I would like
to first of all testify to his character after dealing with
him for 5 years and that I have found him to be impectably
honest and I have enjoyed my relationship with him, What
I really think what we are loosing sight of here is the fact
.that this is a very small structure and what we are trying
to do in our Corporat.ion is improve the i1ppci1rancc for the
tourists that are visiting here, We feel that the quality
has not been what it should be considering that Aspen Mountain
is the greacest Moantain in the world and what we have been
t.rying to do in all of these attempts is to up-grade the
quality of our customers and the quality of our services
and the quality of our building and the bar on top would
ce an assest in that it would be a convenience to the tourist
and it would be less of a risk for them in that we are
worrying about the constant traffic of theQ going up and down
tlls steps for the drinks, All this is in all honesty is to
improve the quality of building and the quality of experience.
MOORE
My name is Gary Moore, I work at Little NeIls, If you have
heen to any ski areas around here, Vail, they all have much
more modern facilities, They all have a sundeck, a place to
eat, This is just for the benefit for anyone who uses it-
the bar is so they can eat and drink outside, It could
lead to the advantage of everyone who comes there, it's not
blocking anyones views, the upper bar, you can't even see
it from the roads,
PA'IERSON
Another statement; anything else Mr, Oates?
OATES
I would like to make for part of the record without taking
time of Board of Adjustment the minutes of September 8 and
September 22 meetings with the City Council regarding the
matter of liquor license as it relates to the problem
encountered wi t.h the building; you have a copy of the City
Attorney's memorandum and I would as;'. that, which is referred
to in Susan B, Smith's letter to me of October 7, 1975 I
would ask that that also be made part of the record in this
particular case,
PATERSON
If there is nothing further, I entertain that we go into
executive session,
MEYRING
On 8-28-75 we were called by framing inspection, a rough
electrical, and a rough pl\~bing, And at that time is when
we noted that the structure was constructed without a building
permit, Stop work order was placed on the building on
September 28, 1975,
PATERSON
Could you state why it took so long for the stop work order?
MEYRING
I guess I was throwing this thing around in my mind. The
telephone conversation, I went over to the bar--- The
structure was virtually completed in what was in its present
form and that included plumbing, it hadn't been painted,
COLESTOCK
Was there a question that an open air bar not been a closed
struc.ture would not need a permit?
-24-
MEYRING
The way he talked to me on the phone it was just going
to have a service bar; virtually no structure and that
was the impression that was left me.
OATES
Mr. Chairman, I just talked to Mr. Henke here and we
have been thinking what we could do to minimize what
others consider to be the impacts of this. Mr. Henke
indicates to me that it might be possible to take the
roof structure off and somehow be in the position to be
able to enclose the bar by being able to put panels which
are flat on top of what wOllJd otherwise be an open air
bar during the evening to prevent the freezing of the
facilities which are required to be in the bar. I would
like you to look at the pictures and try and visualize
that and see if that is not a possible solution to this
matter. I have a hard time myself. Do you think that
could be accomplished, Mr. Henke?
SMITH
My understanding, if you don't have a roof, and if you're
not higher than the fence code, you don't need to come
before, you haven't done anything wrong. That's what
we were suggesting to you originally.
PATERSON
That's what the building inspector had in mind when he
o.k.'d it verbally.
HENKE
What is the fence code?
SMITH
I recall that it's 6 feet and if you don't go higher than
6'----
MEYRING
A guard rail which has a minimum height of 42"
OATES
Maybe that's what you were thinking about, Clayton at the
time----
MEYRING
No, we never talked about any fences.
PATERSON
If there is no further comment, let's go into executive
session.
SMITH
If the structure is removed there is no need for a
variance; it's not the bar we are concerned about, it's
the structure.
DUKES
I do not like the structure regardless of how it happens.
COLESTOCK
Mr. Henke stated that he was issued a permit on the
original or first variance. He put a 1200 sq.ft. addition
on the sundeck over the addition on the existing building
as it was and he also stated tha.t he understood clearly
the permit as issued would not give him the right or
permission to exceed these limits however this was done.
I feel if there is an alternative type structure or bar
or service area it can be constructed within the confines
of not needing a variance, I'd like to see that done and
this variance would not be needed; it wouldn't be requested.
I do feel in light of what this Board granted, relief
of a general master plan which Mr. Henke stated was
impossible. Yet, I would like to see existing structure
removed to the level considered by the City in the Building
Code which is allowed.
SMITH
I'm sure I feel the same way. I think the solution is to
remove the structure and that means physically making it
not a structure. It's my recollection that it's the
roof that is the primary thing that makes it a structure.
-25-
PATERSON
I conclude with these opinions in my position. I would
like to know of Miss Stuller's opinion. We could advise
the applicant to seek relief from City Council regarding a
level bar,
STULLER
The way that the whole City Council left it is that they
extended their liquor license to include that whole area
assuming that the structure exists was legitimate ties or
removed, That was the subtotal of their determination.
Either a variance could be granted or it be removed with
something replace it that would not require a building
permit. Once a building permit is not required, then non
of this activity comes into play. What can he do without
having to get a building permit. The thrust of the City
Council again was that they were perturbed at some of the
illegal activity that was going on and they didn't want to
ratify by acknowledging the bar as an additional outlet,
They did not protest the use of the second floor area as a
bar area but protested the fact that there was illegal
structure up there.
PATERSON
I think it is pretty clear cut, I'll just open up the
executive session to let Mr. Oates know that there are only
four members here, so you have to understand that we have
to have four votes and you have the right to prolong this,
OATES
I understand that Mr. Chairman, andI do have a couple of
questions which hopefully the building inspector or the City
Attorney would be able to answer which I think would be
helpful in allowing me to make my determination as to
whether I want this matter continued further, Mr, Meyring,
assuming that the roof were removed from a structure in
place, bring it down to a level of the bar top which would
be the bottom edge of the window which is shown on photograph
#3, would that be considered to be a legal entity or improvement?
MEYRING
I think it would be similar to a table or bench and we
wouldn't worry about it.
OATES
The height is 42" and it would have a sink facility and a
refrigerator which would be a low level type refrigerator,
and additionally would have storage capacity for bottles
and cooking facilities,
STULLER
I think the question is whether or not if this structure
would constitute a building within the building code's
requirements and I believe the definition is "Building is
any structure used to house occupation or a use"; what
you are saying is that would be that type of housing activity.
MEYRING
You're getting into that area where it probably is a
structure, It is a structure, whether it has a roof over
it or not, then you're enclosing something for some definate
use,
OATES
My question is--does that then in the long run, Miss Stuller,
does that require us to come back here again. I really
don't want to go away until I am really satisfied that I
really do have to go away and talk to someone else,
STULLER
In view of the factor that there are 4 gentlemen here and
there is only one more man on the Board you are never going
to get 4 votes that's for the variance,
OATES
If that's the conclusion---Are you then saying that this
structure even without a roof is proposed to be modified
as you originally visualized it in your telephone conver-
sation with Mr, Henke would require a variance?
-26-
MEYRING
You might, the way you describe it now; just chopping it
down to that height, A building is any structure used or
intended for supporting or sharing any use or occupancy--
Read from the Code,
STULLER
A building is a structure---
MEYRING
A structure is that which is built or construct.ed. an
edifice or building of any kind, or any piecc of work
artificially built up or composed of parts joined together
in some definate manner.
STULLER
That's a definition of a structure, but not all structures
are buildings
OATES
I'm wondering if the Board of Appeals might not have some
jurisdiction with respect to this matter,
STULLER
No,
DUKES
Clayton, according to that do you think it would be a building?
MEYRING
As I imagine if they would just chop it off down to the bar,
I think it becomes a building, it's supporting that use.
PATERSON
In all correctness, that was what you had in mind, in your
mind in the telephone conversation,
MEYRING
No.
PATERSON
The thing is, nobody would call you up on the telephone and
ask you if they could put a table on the deck,
MEYRING
He said an open air bar.
PATERSON
Yes, but nobody would call you up on thephone and ask you
whether they could take a table up there,
MEYRING
I don't know what they had in mind, because---I don't know
maybe they were trying to trap me into saying something over
the phone. We have a general contractor on this job and the
contract..or is suppose to know these things; he has a license
and I suppose he is the guy that built it without plans,
OATES
Would you describe the bar facility---what did you say?
HENKE
We didn't go into alot of detail. I just said an outsidc
bar that we would like to serve food out of and the outsicie
bar that we had downstairs last year was what I was really
talking about and I think everybody here is familar with
the outside bar we had in the lower deck, If you got confused
it wasn't intentional,
PATERSON
An outsdie bar could mcan a bar made out of snOw, We have
problems with communication, We are closing the public hearing
to see if we can come up with solution,
STULLER
I think we ought to address ourselves to that it should be
presented to havc grounds for a variance for an establishary
satisfaction, have variance from thc SPA requirements.
SMITH
I would move to deny the request of variance there is no hard-
ship that has been demonstrated and require that the illegal
structure be removed,
PATERSON
Any additions on that?
SMITH
No hardship was proven to mc.
DUKES
I'll second the motion,
ROLL CALL
Fred Smith, aye; John Dukes, aye; Gil Colestock, aye; Charles
Paterson, aye' All in favor, motion carried,
CITY ~~SPEN
box v 131'jqOll"lh galena
aspen, colorado 81611
Bd of Adjustment
box v
aspen,
galena
81611
Bd of Adjustmero.+'
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RETURN.~
TO."
WRITER
CITY OF A.SPEN
box v 130 s&uth galena
aspen, colorado 81611
Bd of Adjustment
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