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HomeMy WebLinkAboutlanduse case.boa.515 S Galena St.026-72 " ....../ NOTICE OF PUBLIC HEARING Case No. 72 - 26 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amend- ed, a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (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 Resolution, Title XI, 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 your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious con- sideration 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: December 7, 1972 3:00 p.m. City Council Chambers, City Hall Name and Address of Applicant for Variance: Name: Hans Cantrup aba Continental Inn Address: Box 388, Aspen, Colo. Location or description of property: Location: Description: 515 South G~lena, Aspen, Colo. Lots M-S Block 91; Lots 1-3 Anthony Acres Variance requested: See Attached Duration of Variance: (Please cross out one) Temporary ~ OF ADJUSTMENT BY by KLD r /''''"- '" ,.~. APPEAL TO BOARD OF ZONING ADJUSTMENT c CITY OF ASPEN Date 11/10/72 Case No. Hans Cantrup d/b/a . Appellant Continental Inn Address Box 388. Aspen. Co. 81611 Owner Hans Cantrup Address Box 388, Aspen. Co. 81611 515 South Galena, Aspen, Colorado Location of Property Lots M-S Block 91; Lots 1-3 Anthony Acres Street & Num er 0 Su ~v~s~on B oc & Lot No. Building Permit application and, prints or any other pertinent data must accompany this application, and will be made a part of Case No. The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justification: (SEE ATTACHED) Signed Provisions of the Zoning Ordinance requ~r~ng the Building Inspector to forward this application to the Board of Adjustment and reason for not granting permit. APPLICATION IS MADE FOR A VARIANCE TO PERMIT A STRUCTURE USED FOR TRASH STORAGE TO HAVE NO FRONT YARD SETBACK. THE REQUIRED FRONT YARD SET BACK IS 10 FEET. Sec. 24_6(a). ~~~~ Decision . Date\ CHIEF BUILDING INSPECTOR Status Permit rejected date Application filed Date of Hearing Mailed Secretary /, . c . PROPOSED EXCEPTION This is an appeal from a decision of the Building Inspector that the covering of a fenced yard area adjacent to the owners property line is contrary to Chapter 24 of the Municipal Code of the City of Aspen, Appelant seeks a variance from the strict application of the terms of ~he Code to permit the covering of the service yard area, or such other relief as will permit the continued use of the premises as constructed, JUSTIFICATION 1, This appeal relates to the covering of a fenced area utilized for (i) the storage of trash and (ii) the delivery entrance for the restaurant facilities located at the Continental Inn. This area has been fenced and covered consistently from Fall of 1964 to date, However, in 1969 a new fence of concrete was constructed replacing the former wooden fence and a flat roof placed on top, replacing the roof formerly located over the wooden fence, 2, The service entrance to the restaurant is located adjacent to the street for ease of deliveries of goods and removal of trash, and has been so located since Fall of 1964 Any other location would be impractical and unfeasible, 3. The primary purpose of the covering of the enclosed area is to prevent the accumulation of snow therein and to eliminate a substantial hazard to persons using the stair- way of the service entrance. If such cover were required to be removed it would create a substantial hazard to persons using such area, and particularly the stairway, due to the unsure footing created by wet and cold weather, 4, To permit the covering will not adversely affect the general purposes of the comprehensive general plan but, in fact, will further the health, welfare and safety of the community by eliminating a significant hazard. 5. Practical difficulties and unnecessary hardships will result in the carrying out of the strict letter of the Code. 6. Tho spirit of the Ordinance will be observed, public welfare and safcty sccured and substantial justice done by granting the relief requested, I"'" '-' , ....... Alpinblick Condo. Owners 1. Harvoy Platts 740 Flagstaff Road Boulder, Colo. 80303 2. ~:rs. Cynthia Maer ~ 158 South Forest St. Denver 3 ."'illiam Bradford.~ 150 Race St. Denver 80206 J 4. Henry M. Hamlin & George W. Babcock Jr. 4357 Nine Mile Point Rd. Fairport N.Y. 14450 P. Hamlin & Babcock 6. L.C. Fulenwider ~ 9 Equitable Bldg. Denver 80202 7. L.C.Fulenwider 8. \~illiam Coors -J Panorama Estates Route 5, Box XX 763 Golden, Colo. 80401 9. Robert Serafin & v stewart Schwartz 1938 Beckly Highland Park, Ill. 60035 10. Joseph G. Hodges .' 1360 Denver Club Bldg. Denver 80202 11. Clair Deterson c/o Mr~. Mary Rice Box 2045 Aspen 12. Clair Peterson 13. Brewster Merill 103 Salem Road New exxEE Canaan, Conn. 06840 L, 14. ( ~ill st. corp.) Richard L. schrepferman & Mr. & ~rs..L Jump & James Owen & l'ir. & l'.rs. K. Anderson.. 1700 Broadway Denver 80202 15. Mrs. Charles Kendall ~ Box 932 301 Willow Valley Road Lamar, Colo. 8&~& 81.052 16. George G. Game 5009 Excelcior Bldg. Minneapolis, Minn. 55416 17. Niss Patricia F. Loughran Route 2, Long Road Littleton, Colo. 80120 18. Edward F'. Brown B.L.M. CO. 1127 "'azee St. Denver 80204 " 19. James P. Lodge 801 Circle Drive Boulder 80302 20. Arthur ZimetL Westbury Developments 1905 Ave. Road, Westbury Division Toronto 12, Ontario Canada c . Ken ':-',00re \-. mclain [lats 925-3037 curt Chase 415 E Durant 925-7848 Glenn Paas ---' 602 S Mill 925-23n4 Ralph ~elville J 333 E Durant 925- 7683 Fred Hibberd oJ 800 S Mill 925- 2722 John M. stirlin~ Cattle Creek Glenwood 945-8436 ~ippl0. West Owners 1. Mr. Ron Krajian ~ 14000 palawan way Marina Del Ray, Calfornia 90291 2. Mr. Edwin H. Flynn .~ National Associates, Inc. 155 Bovet Road San Mateo, California 94402 3. Messrs. Don & Jack Crawford v 3401 east Ocean Blvd. Long beach, Cal. 90803 4. Mr. Edgar Bright Jr. J 225 Baronne Street New Orleans, Louisiana 70012 5. Mr. Frank Griesinger 838 National City Bank Building Cleveland, Ohio J'btl1l:~ 44114 6. Mr. Frank Griesinger v (same as above) 7. /I;r. !:'iasser sadeghi ~ Box 1411 Aspen 505 Dean Ave. 925-2001 8. Donat O. Green, Jr. ~ General Delivery Aspen 925-3124 V 9. Mr. Gary G. Plumly BOX 2076 Aspen 925-4548 :) V William H. Robinson Route 2, Box 193 New Vienna, Ohio 45159 ~4utle Tipple Owners ,// 1.0. !',rso Jeanette C. Hughes 21284 Fourth Ave., South Des Moines, Washington 98188 V- 11.. Mr. & l'.rs. Leonard S. Patterson 8701 Arlene Terrace Los ~ Angeles, Cal. 90046 1.2. Mr. Thomas O. wells v Box 3199 Aspen 925-2393 ~ 14/65] 2 B.1. BUILDING INSPECTION DEPARTMENT []:gTY ,.." ASPEN - COUNTY OF PITKIND lLORADO , 1 ADDRESS GENERAL I xl Jdj'-" OF JOB CONSTRUCTION 07s- PERMIT WHEN SIGNED AND VALIDATED BY BUILDING INSPECTION DEPARTMENT THIS PERMtT AUTHORIZES THE WORK DESCRIBED BelOW. CLASS OF WORK: NEW 0 ADDITION I:fV ALTERATION 0 REPAIR 0 MOVE 0 WRECK 0 OWNER ~ J.~J NAME ADDRESS PHONE GO: V 'J1l/~k LICENSE 11- LICENSE zl/ilf 0 NAME (AS LICENSED) CLASS NUMBER ... u INSURANCE ~ 160 )( Z /q~ GO: ADDRESS PHONE 0 ... Z 0 SUPERVISOR V. A!1-~K u FOR THIS JOB NAME DATE CERTIFIED LEGAL DESCRIPTION LOT NO. BLOCK NO. ADDITION SURVEY ATTACHED 0 DESIGN A LlC BY BY PE NO AREA (S.F.) I HEIGHT NO. TOTAL OCCUPANCY AT GRADE (FEET) STORIES UNITS GROU P DIY. BASEMENT FIN 81 GARAGE SINGLE o ATTACHED 0 TOTAL TYPE I FIRE UNFIN. DOU BLE o DETACHED 0 ROOMS CONSTR. ZONE DEPTH FIRST ,IZE SPACING ,PAN AUTHORIZED BELOW ; , AGENCY BY DATE Z GRADE FLOOR A" I- > 0 '" BUILDING ... CEILlNG7 REVIEW , j:: EXTERIOR '" ~; /-1,^, /.:..... FOOTING 0 . ~ # I ..( SIZE ZONING '- Q -. f Z EXTERIOR CONe. 0 ~ FDN. WALL ROOF PARKING 0 THICKNESS MAS'Y 0 ... PUBLIC HEALTH r~~~K 0 CAISSONS 0 ROOFING & GR. BEAMS MATERIAL MASONRY ABOVE ABOVE ABOVE ENGINEERING , EXTERIOD THICKNESS 1ST FLR 2ND FLR 3RD FLR. /VALL STUD SIZE ABOVE ABOVE ABOVE 'it &. SPACE 1ST FlR. 2ND FLR 3RD FLR. REMA'I SJ(J'" '"' n) LJ (JJI) An hd./ 7;\ d L) a/u~ > / (/i1 /-; A' !!-, I) " 2. t / ,. " { 10 AJ p.f J J, I .1.</1 } . " r. NOTES TO AP!L1CANT: ~ FOR INSPECTIONS OR INfORMATION CALL 925 - 73.36 ; ~,.( FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR VALUATION $ <0 COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY (519 0-0 ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK .0-0 APPLIES. SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING. SIGNS, PLAN TOTAL FEE SWIMMING POOLS AND FENCES, T -0 PERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. FILED P REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. DOUBLE I CHECK 0 $ 7!'-O ALL fiNAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. FEE 0 CASH 0 THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE Of OCCUPANCY HAS BEEN ISSUED. 0 BUILDING DEPARTMENT PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY LAWS GOVERNING SAME. ~~ \ \~5-7D SIGNATURE / (7;tJ OF , fi;~.f~~ A':ROVAL BY ~ APPLICANT: DATE THIS FORM IS A PERMIT ONLY DATE PERMIT NO. LICENSE II RECEIPTS CLASS AMOU NT WHEN VALIDATED HERE ) '0 )j};j , gho CIT 6~~ PEN hox v February 6, 1973 Mr. John Dukes, Chairman Aspen Board of Adjustment P.O. Box 971 Aspen, Colorado 81611 Dear John: As you will recall, on December 7, 1972 the Board of Adjust- ment denied the application of Hans Cantrup for a variance to permit a trash storage structure to have no front yard setback, on the grounds that "no hardship has been established." Under Section 2-21 of the Aspen Municipal Code, the Board of Adjustment may grant variances on the basis of unnecessary hardships or practical difficulties. At the request of Mr. cantrup's aTrorney, I've looked into the present state of the law on this subject, and concluded that where both of the aforesaid standards are available to a variance board, the general rule is that "use" variances are to be determined on the basis of the "hardship" standard, ie. that the land cannot yield a reasonable return if used only in accordance with the use restrictions contained in the zoning code, and that "non-use" or "area" variances (to build a structure for a permitted use in a manner other than that prescribed by the zoning code) are to be considered on the basis of the "practical difficulty" standard. In light of this judicial distinction, I feel that it would be appropriate for the Board to consider reopening the Cantrup hearing in order to reevaluate his application on the basis of whether "practical difficulties" can be shown to exist. Whatever the actual decision on rehearing, application of the proper standard will render the Board's decision considerably less vulnerable should such decision be challenged in the courts. Frankly, as yet I've been unable to find a workable definition of the term "practical difficulties'! The cases and commentary that I've run across seem to indicate that while these standards ought to be ap~lied in different situations, some of the same principles are used 1n determining how they should be applied. For example, where (C".'._ ........ Mr. John Dukes February 6, 1973 Page Two the subject property has no features which make it unique from other properties similarly situated, or where the particular problem for which a variance is sought has been self-inflicted by the applicant, the courts appear to feel a variance board is justified in concluding that neither "unnecessary hardships" nor "practical difficulties" have been shown to exist. I'll be happy to discuss this matter further with you or the Board at any time. very truly yours, Arth~~.t' Attorney ACD:mm cc: Bruce Kistler, Esq. Mayor Eve Homeyer Mr. Clayton Meyring Mr. Russ Campbell Mr. Herb Bartel 1 --- GEORGE J. GAME 25 Yrs. Real Estate Experience 5009 EXCELSIOR BLVD. MINNEAPOLIS, MINN, 55416 PHONE: 927-5697 December 4, 1972 City of Aspen Box B Aspen, Colorado 816ll Re: Notice of Publication 72-26 before the City of Aspen Board of Adjustment Gentlemen: I ask that this meeting be delayed, as I did not receive the notice until December 4, 1972, and it does not give me enough time to look into the matter, nor from the attached propeeed exception can I possibly tell what the exception is all about and whether it is justified or not. I will be in Aspen Decelliler 8-26, and will look into the matter and advise you of rrIIf feelings. I would suggest in the future in public hearings of this type where out of town people are involved, that you give ch greater lead time. 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