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HomeMy WebLinkAboutlanduse case.boa.Hyman Ave.004-75 1',-. "".. '~': .. -., .., . ..,.......... ...,p, I.. t ~ ..... . .. ...'. ...;, '"11. . .! ....r , '~ITY OF lISPE:l DATE 21 March 1975 CASE HO. ~5 -t./ APPELLAN? Theodore L. Mularz, AlA ADDRESS P.O. Box 166~ 117 So. Spring St. Aspen, Co'o,tfFf ~161~ 7. 33tH' ....*Ul.OO 'OWNER Mr. E. W. Morse, President ADDRESS P.O. Box Q Hyman Avenue Corporation Aspen. Colorado 81611 LOCATION OF PROPERTY Block 82, Lots E. F and G (Hyman Ave., Between Barnard Bldq. & Prosoector) (Street & Number or Subdivision Blk. & Lot No.) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made a par~ of CASE NO. The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justifications: SEE ATTACHED LETTER , Jl~L"f //)JN~ SIGNED . . Appellant Theodore L. Mul.arz, AlA provisions of the Zoning Ordinance requiring the Building Inspector to forward this applica~ion to the Board of AdjusL~ent and reason for not granting permit: Application is made tor a building permit to build an office building. The proposed office building does not provide an open area adjacent to the alley with a minimum horizontal dimension of ten (10) feet and .a minimum vertical clearance of ten (10) feet and equal to ten per cent (10%)" of the total lot area. Sec. 24-3.7 H 4 and Schedule Area & Bulk Requ~rements Min. Rear Yard CC Di"strict. . . The proposed offic~ buildin~ provides 21% open space whereas 25% is required, Schedule Area & Bulk Percent of Open Space required for. Building Site. Status \'P~~ .<> ~...*'1/7S ~ . /A~ .. PERHIT REJECTED, DATE APPLICATIO~ FILED ~/.J.I h.5 . I ' HAILED ' i".::1I~ h:s f SJ.gnCd~ " DECISION ~' DATE DATE OF. I. EAR NG ~ [(J . / 'l7-~ .. .:'.di-~~?~ ~C'Cl"ct..lry . theodore I. mularz AlA' architect p. o. box 166 ' aspen, colorado 81611 . telephone 925-3365 21 March 1975 Aspen Board of Adjustment City of Aspen P.O. Box V Aspen, Colorado 81611 Re: Hyman Avenue Corporation Building Block 82, Lots E, F & G On behalf of my client, the Hyman Avenue Corporation dba E. W. Morse, I am submitting application to you requesting a variance of bui Iding setback at the al ley common with Wagner Park and a reduction of re- quired open space from 25% to 21%. Preliminary approval has been given for the project by the Historic Preservation Committee at their meeting of March 14, 1975. Because the building is in the Wheeler Opera House View Plane, it was also reviewed and approved by the Planning and Zoning Commission on March 18, 1975. At this meeting the Planning and Zoning Commission also granted an exception to fil ing for a Planned Unit Development as is provided for in the Zoning Ordinance. Because of the view plane, the building has been restricted and the floor area ratio is 1.67:1 rather than the allowable floor area ratio of 2:1. Part of the reason for this is the compliance with a request from the Planning Department to provide an arcade through the building connecting Hyman Avenue with Wagner Park. If the square footage of the Arcade is included with actua' open space provided, the percentage would increase to 28%. Since the al ley facade of the building fronts on Wagner Park, it wi II be given prime importance just as it would if it were on a street frontage. To be required to provide a setback on the Wagner Park side would be detrimental to the building appearance and create additional hardships for my client on whose behalf we have already 21 March 1975 page 2 Aspen Board of Adjustme~+ made every effort to comply with view plane and historic district requirements. I, therefore, submit this project to the Aspen Board of Adjustment requesting the above mentioned variances for the fol lowing reasons: 1. "That special or extraordinary circumstances apply to the subject property that do not apply simi larily to other properties in the same vicinity and zone." 2. "That the granting of a variance is essential to the enjoyment of a substantial property right enjoyed by other properties in the same vicinity and zone, but denied the subject property because of the special conditions or ext raord i na ry c i rcumstanc es. " 3. "That the granting of the variance wi II not adversely affect the general purpose of the comprehensive general plan." Your consideration of this matter will be appreciated. Sincerely, J~~ Theodore L. Mularz, AlA TLM:as Enc. cc: Mr. E. W. rvlorse Lots H & I Lots A, B, C & D Lots K-S Lots N, 0, P & Q BLOCK 82 Aspen Commercial Condo c/o Dr. Robert Barnard Box II, Aspen, Colorado Prospector Lodge c/o Peter Stone Box 3296 Pitkin County c/o Joseph Edwards Box I Aspen, Colorado Chairman-Commissioners BLOCK 81 Robert Shaw Estate William R. Shaw Estate c/o Albert Kern Box 301 Aspen, Colorado Dorothy K. Shaw Box 510 Aspen, Colorado Mrs. Ramona Markalunas Personal Representative of William R. Shaw Estate Box 542 Aspen, Colorado r" '- NOTICE OF PUBLIC h~ARING Case No. 75-4 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO AE. PLZOPL?,:ry Ow1JERS PFF::::c:t:D BY TfT..E REQUESTED 7:0NING OR USE VARIANCE D2SCEIZt:DBE'L01"J : Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Cour.cil Room, City Hall, Aspen, Colo- rado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state. yo~views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: Time: Thursday, April lO, 1975 4:00 P.M. Name and address of Applicant for Variance: Name: Mr. E.W. Morse Address: Box Q, Aspen Location or description of property: . Location: Hyman Avenue, between Barnard Building & Prospector Lodge Description: Block 82, Lots E,F, and G, City and Townsite of Aspen V.ari nG;~e uest d' Application is made for a building permit to build an off~vc fu~ .~. Tf.c'proposed office building does not provide an open area adjacent to the alley with a minimum horizontal dimension of ten (10) feet and a minimum vertical clearance of ten (10) feet and equal to ten per cent (lo%) of the total lot area. Sec. 24-3-.7 H 4 and Schedule Area & Bulk Requirements Min. Rear Yard CC district. The proposed office building provides 2l% open space Duration of Variance: (Please cross out one) whereas 25% is required. Schedule Area & Bulk Percent of Open Space required for building site. 'UtK~i!:~i!:~I:X Permanent THE CITY OF ASPEN BOARD OF ADJUSnIENT BY ~ .LI.-A Chairman 4- /AI. . ... " , LEGAL NOTICE Notice is hereby given that case no. 75-5 (Vroom Building) scheduled to come before the Board of Adjustment on April lO, 1975 at 4:00 p.m. has been postponed until April 17, 1975 at 4:00 P.M., City Council Chambers, City Hall. Notice to all adjacent property owners who received notice in the mail. /s/ Kahtryn S. Hauter City Clerk Published in the Aspen Times April lO, 1975 LEGAL NOTICE Notice is hereby given that case no. 75-4, X(Hyman Ave. Corp. Building) scheduled to come before the Board of Adjustment on April lO, 1975 at 4:00 p.m. has been postponed until April 17, 1975 at 4:00 p.m., City Council Chambers, City Hall. Notice to all adjacent property owners who received notice in the mail. /s/ Kathryn S. 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