The URL can be used to link to this page

Home My WebLink Aboutlanduse case.boa.712 S Galena St.019-72 - - CONTINUED HEARING NOTICE OF PUBLIC HEARING Case No. 72-19 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 Offi~ial 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: September 21, 1972 3:00 p.m., City Council Chambers Name and Address of Applicant for Variance: Name: Fred Hibberd, Jr. Address: 1127 Race St., Denver, Colorado Location or description of property: Location: 712 S. Galena St. Description: Lot 15, Block 1, Anthony Acres Variance requested: Application made to build a multiple family dwelling approximately 47' high. Maximum permitted height is 28'. Duration of Variance: (Please cross out one) 'P@IilfJ~~i!lill)K Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY a=- ~-'~ ~~,allJ";'i.Jld"'...i..""",~': -.~~"",--' ...,; 4:;',::"~~ ;:."~~':.~~ ~ -,~.~ -, APPEAL TO BOARD OF ZONING ADJUSTMENT CITY OF ASPEN Date Au&rust ;->q. lG7? Case No. 72 - 19 Appellant Fred H. Hibberd, Jr.. 1127 Race Street Address Denver, Colorado 80206 Owner R~p~ H H1hhp~d J~ 1127 Race Street Address Denver, Colorado 80206 Location of 712 South Galena Street Property Lot 15, Block 1, Anthony Acres (Street & Number of Subdivision Block & Lot No.) . Building Permit application and prints or any other pertinent data must accompany this application, and wilJ be made a part of Case No. 72 - 19 . The Board will return this application if it does not contain all the facts in question. ~pxBXimaxRiJxii*xaBaxBXkHigkxxXimXxxxxXHSXiiiEXXi~H Description of proposed exception showing justification: , . Approximately 19' above height limit. , Justification - unusually steep site.' r --- ..- ..- -. -.-.- - ----..-- .... i. .. i r. stgned..:l__/) ~4/r Appel nt - Provisions of the Zoning Ordinance requiring the Building Inspector to forward this application to the Board of Adjustment and reaaon for not granting permit_ Application is made for a building permit to build a multiple family dwelling. The proposed multiple family dwelling will be approximately 47' high. The maximum permitted height is 28'. Section 24 - 6. Status ~rmit rejected date Decision Date Application filed Date of Hearing Mailed '- ., Secretary LJ t.l .~~~..;u",t,/l""'..:...1iIit1-_','.Q,>>,,~f;''''':';'.: .~_.. - APPEAL TO BOARD OF ZONING ADJUSTMENT CITY OF ASPEN Date hl12:11Q+ 'J)). '97? Case No. Appellant Fred H. Hibberd. Jr. un Race Street Address Denver. Colorado 80206 Owner 'R""o~ u U-I hho....,A Tn - Address 1127 Race Street Denver, Colorado 80206 Location of Property 712 South & 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 qqestion. Description of proposed exception showing justification: , . t. Signed .Jf'" 1 -f/~ ~d?G .~ Ap~ellant' (i. ,- Provisions of the Zoning Ordinance to forward this application to the for not granting permit. requiring the Building Inspector Board of Adjustment and reaaon Status Signed l"erm'it rejected date Decision Date Application filed Maileci J)ate of Hearing - Secretary ~ RECORD OF pr;OCEEDINGS "_~~~::~__~~.:..:__~;c~~~~.!:~~____-=--___,__~__~,~_.~_=.==-=~o:-~;;.,;=~----- ___: Public Hearings Asp~n Board ot~justment S b 7 1 07 r. c eptem er , ..-'--~,_ Heeting was called to order by Chairman John Dukes at 3:00 p_m. with Robert Cline, Remo Lavagnino, Fred Smith 11ld Charles Paterso'1. Als() present Building Insnector Clayton Heyring. CASE NO. 72 - 16 ELAI~E HODGES Chairman Dukes opened the public hearing, And read particulars of the case. Recent survey showed 2-',; lots to be 5400 s,'uare footpge, re,-'uired ~'Mupre footage 6000 s". ft. Desire to build a' additional bathroom to the exist- ing structure. Location of renuest north side of Block 98, Hallpms Addit- ion. Letters were read received from: Mr. & Mrs. Roy Reid wld Hr. & Mrs. J.K. Malo. Both st<1ted they had no objections to the grpntiIlg of this vRriYl1ce. Bathroom addition will be 9' x 14', property is located in the R-6 ZO'lC, setbocks will be maintained. Chairman Dukes closed the nubHc heAring. Lavagnino m07ed since this is a single family dwelling i' the R-6 ~one and re'lUest is minimllal And will not h,~ve any adverse affect 0' the local area or on the comprehensive mRster nlnn, move this vAri,~n_ce be grilntcd. Seconded by Paterson. Roll call v0te - Patersc.n Aye' LH-;Pg'1i10 fiye; Cline aye; Smith eye: Dukes aye. Mot ion caLried. CASE NO. 72 - 17 GAARU HOSES ChAirman Dukes opened the public hearing a d reAd the nc~rticulprs of the case. Re'luest to exte'd IJ noo-conforming bui1_di'1g (Bra"d Building) for B studio. Hr. Moses stated the Brand Building is non-conforming due to the lpck of meeting the open snace renllirement. Further stated that most of the buildings in the dovmtown area are nOTl-conforming due to this reMuirEffie'lt and hAve had some additions to one extelt or a'1other i.E. Roaring F0rk Buildi'lg' Cowhoven Bldg.; Aspen Block. These property owners Al:e enjoying a right which is being denied this Applicant. Mr. Smith stated the Asnen Block addition is not visible which is the spme in this case. Renuest addition about 90 5'lUare fee. Ch,;irman Dukes closed the public hcari'lg. PAterson moved to 7rAnt the variance on the b~5is it will not Rdversr1y c:tffE'ct the over Rll cornprehe'lsive gerlel."Hl n1(-11 or the irmnedLr-Jte nren p'l(l anp1icRlt is being denied 8 property right enjoyed by other proper tv C'vJ!lcrs in the snme vicinity cHl-:J zone ~~nd bec.Juse of its minimunl si::e<li1d , t' "1 '1' J '. - '1 h -, :1d" .., ' :1- -'S lOW VJ.fll.)l lty all( Jt De nwoe c. GAr t rlt 110 tUl'tner [-Ir ltlOi)S ~,}1.,_1 I~r'. 1TlAde t:n t:he Brand Bu:tlding und01~ this VGrl.nrlcc. SecO:-lcleJ by Smith. RoT', c(111 votA - Smith Aye: Cli.ne ;-::Y2 ~ Lrl\TRgnillo :lye: Pntcrso l rn~(~' Pt('i(t,:::: Aye. Motion CR}~]~icd. . . RECORD OF PROCEEDiNGS 1 00 Leave~ H.~~ ,. C. F. H':.llCKel, O. a. ~ L. cn. ____~___._n._ _ --- ---------...--- ------_. --~~-- ---~--~..---_._- public Hearing Aspen Board or Adjustment Sentember 7_ 1972 ('ASE NO. 72-18 STA!\''FORJ:l JOHNSON Chairman Dukes opened the public hearing a ,d read the particulars of the case. Mr. J()hnson stated this case is the same RS the case hei'rd ()'1 JAnuary 28, 1972; now wishes to move the project 25' un the hill i~ order for the city and applicant to gain circulation in this area and to pr()vide for a skiers easement. Mr. Smith and Mr. Cline renorted they had ta lked to the Pl;'nner pnc1 81- though this project falls within the proposed greenline. they feel the circulation in this area is vitally important and have no objections to the granting of the variance. Mr. Lavagnino poi ,ted out by moving the project 25' UP the hilI it w1.1l be more visiable and nerhans more objectionable. Discussed if the variance should include a limitation on the number of stories permitted. Chairman Dukes closed the public he8ring. Paterson moved that the Board grant the continuation of the centerline of Monarch Street thru the property following the natural topography as a grade reference of the height of this project and hardship is based on Section 2-22-d subsections 2 and 3; as. consideration for granting this variance is the traffic circulation in this area. Seconded by Cline. Roll call vote - Paterson aye; Lavagnino aye; Cline aye; Smith aye; Dukes aye; Motion carricd. Paterson moved to approve the minutes of August 17th, seconded by Cline. All in favor, motion carried. Board request the Secretary send a letter to the Planner as relates to what is to be adojJted for regulation and control along the mountain and what criteria the Board of Adjustment should consider for height variances. Cline moved to adjourn at 4:45 p.m., seconded by Smith. All in favor, meeting adjourned. ) 1/ ! '( , Lorraine Graves, Secretary ~~ -~' .t~~~~'?:~~~\7f"'';>C:'t...,~I.,~~ -,~~?:--~-_~-~ \, -~?;';""""--:~ ~~ '" ~ ~:-;__"~' -l,_~:''''''' " ,"#".t- ........,"j' ... -:-.'" ':;: ~ -':!':"T~~I\ 5t"~.~ ~ -' . --,.,.~~,.- -. ~..::>~.-..-.""- - -"c'j,"'''' -'.:, ~""" . ... ....~..; - ~ .' . I -. - - ~-_. "!!'IJ~. . '-: .or". .~. -. ~ '- >~ ,- -'_ '-~- :"r ~- . "1' -' :.~ - ..~, ~..' .:.~. .. !,LPENBLIC3._ :;.i ~ ~.JJ:"'-'~ \:.; "'- r~., 'rl~; ~~ ..'1;: -_.- '- i', ~t",;;;., $~~"'\':;! ~~~ <1<]1 ~~ ~ ,? ,;,.; " ~ '" .~ .... ~- ,$' .' .- '- -'1- _t~ ~}~1 ~' Unit Name nnd Address _a__._. _..__, ____., _ _ _____~----_ Assess 1 5.6% lIn rv..y I' III L L5 740 FlagSLnff r..oad Boulder, (olorado 30303 ')0.78 2 5.6% !!rs. Cynthla l1acr 158 South Forest Street D~nver, Colorado 90.78 ? -, \oIilliam I1rndford l50 Race Street D~nver. Colorado 90.7R 21.01 5.6"/" 80206 4 Henry M. Haml in <- George W. Babcock, Jr. 132.93 79.01 4357 Nine Mile Po in t Road , 8.27r. Fairport, New York 14450 .' .- :'':.l~ ~- 5 Hamfin "- Babcock co J ~ :r:.. .. ~.'i -- 6 ..-' L..C. Fulenwider 132.93" .'. . 59.01 .9 Equitable Bldg. r'r.:,. . - 1-:-:',..+ '. ..- _;~.:d~1V'_~Q.. _~"f.'. , 8.27, Denver, Color-ado 80202 .'- I') -' 7 L,fC. Ful'i!nwider ~ ~~- - 8 IHlliam Coors 90.78 36.01 Panorama Estates " 5.67. 5, Box " Rou te. 763 .F -; , Golden, Colorado 80401 c ~: , ,. . i; 9 Robert Serafin 6- Stewart Schwartz 90.;>8 < 175.01 1938. Beckly 5.67. Highland Park, llJ.tnois 60035 ~ 10 Joseph G. Hodges 90.7R ,- 91.01 1360 Denver Club Bldg. 5.6'7, Denver, Colorado 80202 -- 11 Clair Peterson 132.93 8.2'7. c/o !!rs. Mary Rice P. O. Box 2045 Aspen, Colorado 12 Clair Pete~son 13 ~re"lster ~1errill 90.73 1l,2.01 103 Salem Rond I 5. 6~~ New Canaan.. Connec tieu t 06840 I~~, ~,. J~ .F) "''''"~--h'''' ~~':='.__~~~''':~V ,~-~~,~,~-.tp''''''-'~~'_, ' _ Z:.ftii;~~;:'"l>-'",,,_,'_"7~-~~, ~~ '?*'~~ ~,~>> ~ ~ {~\:i.~~~~~,-, '~l:?~;. ~~ t;~:~l "~ ~~~~,,+~t~~.~~~J~.~'-;,.~~~~~fj;"~''ll~:t: ;__... ",0< ;:t!,~ ~,.,' ~___._.,_... _.., ... .:,~'~: ~~.,.7;3f~~:~':; ~.~. '~'O-.~~: ~!;.~.~.t ~~ -.', ~~~.. '9[~j:;. -.- I:! . .~'~ . ':n ~: ~::~'-i ':~'; ";. '5.~.t!! ~~ -~;"-,:'~ _,..: <r, ~ . t;:~'..~~< , --r_ - ~"-:F"'~::." - ,:_~~~:>-v.;..~ '" .. f: ."~'O' i!;; ."'f"-i~.,V'.!'''.' -...;~' ~:'#:'-!. ::..:- ~ :J "'-.~-..;:""! '.::..;~ .-.. .~;"'''~,,'t- "..,' " -;;;.;.... .~ ;. . ,~ ~ '" e_.:"" ;;., ':'.~ ' .'~""....~. - ~~, '-- c- '. s_;~' .~., Unit 14 176.01 5.67. 15 324.01 5.67<:> - 16 5.67, " 17 .2.67, .~~ ,- - - 18 >i>- 5.67, :t '. . ~? >; ,;;) > 1: :1"" 19 k 125.01 - 5.67: . , '- ~~. fr: ". 20 , 5.67, - - ',. .'- -". 'J " '\ J . ::.:. :.-~ :- J'^LPEN&I,lCK (cont'd) '~-~- ,"'" . ...;'--"", -< Na.!!l~a!l~_dE".~-2-.. Assess (MlllSt. Corp.) Kldlard L. Schrepferman ~ Mr. .s. Mrs. L. Jump t. James o..en f. tlr. l.. :'.'-5. K. Anderson 1700 Broarlway Dc.nver, Colorado 80202 90.78 Mrs. Charles !(~ndall Box 932, 301 Hitlow Valley Hoad Lamar, Colorado. 81052 90.78 George G. name 5009 Excelsior Bldg. Minneapolis, Minnesota 55416 90.78 Miss Patricia F. Lou~hran 2/0 Colorado Coul'try . ~- llOK 3047 _ Aspen, Colorado 42.15 , Edward,F. Brown B. L. M. Co. 1127 Wazee Street Denver, Colorado~ 80204 .James P; ,Lodge 801 Circle Drive Boulder, -Colorado 80302 90'.7.8 90.78 Harvey J. Shein & Stewart H. Glicken ./. 3l92'NortK Pine Grove Chic.ago, Illinois 60657 90.78 .. r, 3d t.. u Si,l' /-'7 /'lcr-f'L s~ .~ ~CL-/-t' / &)r;L.713 w.rkv~~ to ;;, . (?/~ d-3 !3"'%/ s- ~ p-'!,. G.-af7'~ G_ 4~ c4rtuCt-____. /776 C:/'",co/<>-- Pei4Ut,- / C% ~o;)..c! ~ I ;' ~/" Sr'e'-~-"'7 ~~<;-/-e /.2-<0/ OC~0t' Lc..V1~ S<:S-CCor-o / /l/-e"-<-J ~?<,~'co I? /I?o,/ )J /~ W-eYdr-7 /f/q~:/'<<--t. $"00 e:-7' <<- _ k.6 C-<.- ..l8c ry- _ -t/-e ,H <-J ~ r- ) Co ~ r<>--<0J t?o;La 0<. Scsv/;f $- 't; LJc.u"-a.<-- Y cu~,I5;,JI~ /It';:z-tq b ~><< . 77~ f~ _.- EXCEPTIONAL ACCOMMOOATIONS AT THE FOOT OF ASPEN MTN. fl- A A- A. A A A A A CONDOMINIUM APARTMENTS Phi] 1; r-, i(. Hoorp 7029 S(). Steee1 p Ste. ] itetelPteon, Cr-,;(). RO]2n Yr. John Hac1c1ri 1] 117] va. Henc1erson Galpsburo, Ill. fJ40i 1" rvi np: r;pr"'n3no'l:v 2]2 Palmprsteon Ro. R()chestear, 0.V. ]4fJR I<oberte \"i IIi tes 6')0'i Steatee [i ne Kansas Citey, >lo. 64]11 {;Jrrv Ulrich 27('17 So. \!e'''Rrk: Gte. Tpnver, ('n10. qn')'l' Henrv eli teche 11 4'i2i banninp Mousteon, Texas 77027 '-.; .f} .,1. '-Jar1 (~n 11 71~n ?iverst~p rr. "-.n r>rcnr. nnrar; () Aloen Ray Snteerorizes, Jnc. Richarc1 Pink:ham TO os ail I a . Eve. \:.Y. 10019 C:llm~nr r-n'f.~r-.i n-:- ')7'1 ~o. Kparnev ~'~01p~nn~t rnln. ~~ , . Larrv Cano ] 1ROO Tahi t-] ',Jay Marina le1 Ray, Calif. POI] 0 .li]lve i'm,'p1] 4r;(~!+ I\plf'nrr ra]las. Texas 7')'('I'i I r. Tan '"latekin." 1712 40teh Ste. Ct. Moline, ]11. f12fS 'j rent :\ rt-hlJr. PRill B()x 1 R9 ~lAt-n~ia, Tpxaq 78941 Carry c'/eber 1ROO LTV Tower [alIas, Texas 75201 .i\n0V ~ar()"t"herc::: 1 11 ~~. P7rv~ ~+-. Ar)t- i{ r",y., "\:.v. lnn2P ,'J; IIi am Clark 84]3 Ramsey Silver Sprin2s, Md. 209]0 QnDPrr Tnbp.v 1 "-PZ Ti ffa"1v "r. llir-t-sb11rah, PRo 1"-24] Phi li p Ameral box 210R Aspen, Colo. .1ohn 'Ieese ]000 e]evp]anc1 Ave. Grani r-" Gir-v, 111. fZ06('1 "'rec1 hibberc1 ] 127 Xace Ste. Lenver, Colo. 80205 T r. Tnhn ~r.H.~he 1 C;('IC; 7t-h Cte. \foli np, 11]. flZf"- Dr. Charles 0artell 1] 21) Cherry Ave. Lonp beach, ~aljf. 90R13 BOX 2108 ASPEN, COLORADO 81611 (303) 925-7910 ,~'" '~,,"" :v!onvy "ayarre "ox 1288 Lon'( Beach. Calif. 9081'3 Leonarn 3. Sax f2!~ "i. A"ams St-. ChicaRo, Ill. FOfOf James Schadt 15 Turkey Hill Circle West-port-, Conn. OfBBO John Stet-son 21 Indian Hill Rrl. Winnetka, Ill. 1'009'3 Jack P. Hunt 2120 ~.E. 4fth St. rt-. laurlerdale, ~la. '3'3388 fr. Gorrlon fickie Waikiki Merlical BId". '308 Hoyal ,!a'~ai ian Ave. Honolulu, Hawaii 91'815 -:.... ~--: , :;:r. .,<- ;; F 1'0- ''''' ~ 7Iln Q) tili) ,..-."., <<Vi I- ~'I 3~ ..'" 31 E co h m liD - CD ~ E f m CD - ~ ~'I ~~ o W U ASPEN GK W U ASPEN DVBI66(1708)(1-027174C264)PD 09/20/72 1705 ICS IPi'lVEID i'lVN ZCZC 134 D JQ PDF TDVECHICAGO ILL 20 1100A CDT Pi'lS THE ASPEN VARIANCE HEARING BOARD (DLR DONT FONE) CITY HALL ASPEN COLO I WISH TO VOICE .~JECTlON TO HEIGHT VARIANCE REQUESTED IN APPLICATION TO BuTLD MALTPLE FAMILY DWELLING 47 FEET HIGH AT 712 SOUTH GALENA STREET. BELIEVE SUCH STRUCTURE WILL INHIBIT MY VIEW AND DEVALUE SURROUNDING PROPERTY LEONARD B SAX 718 SOUTH SALENA APT 20 ASPEN COLORADO. ,....-.-"-,,,-,,_........."' 47 712 718 20. W UASPEN DVD009(0544)(1-002770A265)PD 09/21/72 0542 ICS IPMTBYO MTWN ZCZC 08079 C 4127871636 NL PD TDMT PITTSBURGH PENN 20 'pMS JOHN DUKES CHAIRMAN BOARD OF ADJUSTMENT, DLR, CITY HALL ASPEN COLO 81611 AS OWNER OF COMMON ELEMENTS AND CONCOMINIUM APARTMENT IN DURANT APARTMENTS I OBJECT TO VARIANCE REQUESTS BY FRED HIBBERD ROBERT W TOBEY c:-.........,"'_,-<,..,.,~...,..'''''"....-_ W U ASPEN o W U ASPEN T W U ASPEN W U ASPEN DVBI88(1941)(1-032541C264003)PD 09/20/72 1937 IC S IPMJLl A JOL ZCZC 276 NL RC PDF TuJL MOLINE ILL 20 PM5 JOHN DUKES BOARD OF ADJUSTMENT CITY HALL ASPEN COLO AS OWNERS OF APARTMENT B102 DURANT CONDOMINIUM WE OBJECT TO THE PROPOSED APARTMENT PROJECT OF FRED HIBBERD AT 712 S GALENA STREET. A VARIANCE I~ CASE 72-19 SHOULD NOT BE GRANTEu AND ANY FURTHER BUILDING SHOULD NOT B~ PERMITTED BECAUSE THE POPULATION DENSITY IN THE ENTIRE AREA IS ~~:rU~AT~.D P8BI5Ir'!9 IS INADg;~UAtE: ANb THE PLAN IS INAPPRORIATE FOB THE AREA AND REPRESENTS VISUAL POLLUTION JOHN RATHE JOHN MADDRELL OWNERS . 644PMDT ~,' ,; ;1r.~~ ~....... rr ~ ir ~i ,.-- c .. ~ ~! II 'c:, ~J IF 3 0'l <'1'!':l' :~ I\'ti\ .;:". Ill>> ~. :ro-! l~ ~ t!!".-~ {! ~i 31 IE m ~. m f,D - CD ~ E m lk m Q.t -- f>> ..... ~II 3t . vJ.. ~~ J.-? ~ W U ASPEN DVDI27(1612)(1-030718A257)PD 09/13/72 1608 ICS IPMTBXN MTWN ZCZC 06835 B 7163592000 NL PD TDMT FAIRPORT NY 13 PMS CITY OF ASPEN F BDlIBBTMEN TS ASPEN C OL 0 BRRN~TIFICATION CASE 72-19 FOR VARIANCE OF FRED HIBBARD WE THE OWNERS OF ALPENBLICK NUMBER 4 AND 5 ARE COMPLETELY OPPOSED TO YOUR COMMITTING THE BUILDING OF ANY STRUCTURE 47 FEET HIGH IN- ASPEN. IT VIOLATES RO&D PLANNING AND ZONING CODES AND WILL MAKE OTHER DEVELOPERS OPEN THIS LOOP HOLE INCREASING THE DENSITY BLOCKI]G THE fEW OF PRESENT OWNERS AND IS UNFAIR TO ALL THE OTHER BUILDERS ~'"u-J~":;"~ KNDSBiNERBOPERTY WHO HAVE COMPLIED WITH THE HEIGHT ~~fQv~ RESTRICTION. TELEGRAM NECESSITATED BY RECEIPT OF YOUR NOTIFICATION ON 9-12-72 HENRY M HAMLIN AND GEORGE 'vi BABCOCK JR 72-19 4 5 47 9-12-72 957P W U ASPEN T W U ASPEN W U ASPEN HQQ A CDT SEP 21 72 KAI66 K VECI03 NGNL PDF TDVE MOLINE ILL 20 BOARD OF ADJUSTMENT X ellTTNHHOBN DUKES CHAIRMAN ASTEN COLO 81611 CASE NO 72-19 AS ASPEN PROPERTY OWNERS OF CONDOMINIUM 2C AT THE DURANT WE WOULD LIKE TO GO ON RECORD AS OB.IF.CTORS TO MR FRED HIDDERD JRS. VARIANCE REQUEST FOR AN APARTMENT PROJECT AT 712 SOUTH GALENA ST LOT 15 LOTS I ANTHONY ACRES RESPECTFULLY SUBMITTED DR AND MRS DAN H WATKINS DA N H W A IT INS ,----~----- 72-19 712 15 I W U ASPEN VDVDI76(1814)(1-038765A264)PD 09/20/72 1812 ICS IPMLSLK LSA . ZCZC 094 K BZ PDF 3 EXTRA TDL LONG BEACH CALIF 20 335P PDT PMS BOARD OF ADJUSTMENTS CITY HALL DLR ATTN JOHN DUKES ASPEN COLO 81611 THE OWNERS OF DURANT APT I D OBJECT TO THE VARIANCE REQUEST BY FRED HIBBARDSIN THAT IT WIn ~EUUC;J::' OUR t'HOI"J::RTY VALUE NAVARRE PALLICHET WARD AND BARTELL OWNERS DURANT ID . ----,-~-,.~--,~-"'_...~~ ~,,,--,,-,..,, CONT-(T..In ED HJ~~/',RTl'~I~ NGTICE 0:2 . .,'...., -1--1.:..... Cas e ).~ 0 , ,... <Z/_':'J._:.'~i~,... BEFORE 11.1C CITY OF /;:~ 'l,~N BOt ~:;J ~)F /.D~:DS'J.':"';ENT T(j j;:\._l. ~?PJrPE1~TY O\,;:NEKS f;tT~~CTE":-:, i3Y '::~E~, ;::~~(J1J >~TE:) ZON:E~; OR USE v AR.TAt:CE DhS':RIEED EELGV1: ?t, i:"';:;tJ.r~,~l.t to the Off 1.,. fal Code 0:(" Aspc!,\ of Jun0 2.5) 1962., as nmend- (~d; u 1? '_blic heal-ing \<'iJl be l-t81d in L'~-i.(-; CC)u:::1.r:i.l Rooir1~, City Ha'lJ., ;\:';';~,,'n, Co:to1:i-td~J, (~-I,{" at ~:i~cL l:' .i,:' 1).i.'::~' (: -'~:; ~:~~_"';.~;~;:,,~:(:t:t,:,:~_~ ~:~,"":.Y 1),,-') .,.i-'('.1 '::"> ",'-'I""-.-"It:':;) ,-) ',{"--- ~'''''C)'l' ':"'\"'; "")pll" r,.>i-.. rlI' ''-:;lc,'~ ....l~t-h t-r"'O Qq.;('; \___\.. ,.i .__t'~t~,~_",_,:,_!_!_';;:'l.l ..~" :"','_-,clu}, J --; dL' 'Jt .. ......_._i.!...:.\ 1 ;,.,. .....~.l. 'Y.n' ,J"... .::>c......._~.l 1~l. ,~--(' 01.... "-;'.1 -J'-' ,.....~1-'.~.r.>1-1;- ""~"C'le.'>t-.: ',',,,:, ':.'-"-;.....r'.~':; tP "":[)" \r~'"'\"'; ':Jnc~ j-:'.()1U .f.-.<--h':' ;__~,J...,,_ t c., '",...;;,..,jH..., '.' ",,-'-l~" ,-, "........",~') <-.........t....-'.......-."J ..... ,. a.Lk'.,"'~ \-~ .~. - - <;; l'-'C--{.~SJ.r~.....'~. ..-~.c tt-,-::. '''''('ni.'- T)"~"(-.'l'-'~''::r)''''' rl""3;.1f~ '.f'( or-L."~(-i""l C')dp cf: ..,) .J\ L., ,--,.L..:~ -......l J.t;';. {,_Il, __ ..1,;"; 1\.\__"~"~'_ u~ __,_~J.tJ' . t~... -, i...",-S !" .L.'.,____O::I. '-;... JL I III ,- ,. . l' " ,'. ~. '.' tc - r'.r:pCH. :'!. ... pe,:_~son::.; acre-:t:cc I)Y t~,11e P1.L1ji<.:.-:.,(:(J -\7arJ..-3',-lC(-:,: u:ce J..nvl,' --1G to ::tpps,::.n." and state Cl"..2i:r V5.2t.:~.;:, pT'ot',:<~~-:~.: rJ....' o~-)jecti()::lE. If you can~-.r.,t ~~p~-:,c<:'l.' ~j('j~ SOT,:?:L l>r ::~:t ~'c.~':'.': ,::,"ec<: .~:::> t' C.:Y1. Y(l'j t2.?.:'2 urLed to E3~>::t(; ~..~{,~_-.c"V s t',y 'lc<-:cS..c 'I 1-->a'..,.":::i~(:ul.d-:::<;.:l if: yot'~ 1'1<:','.7;:; oLjeSl:i0):'. Lc "It'''''" .\T.','r'~ r'l-l-"(" ......... t--o..' :~()""-4rl of i', ,1':; 'l~.'i"-"'-, '-"11~ \,"::',' (,fl" "'i.TC' c:'.'"'r~ (JUQ, ("(:J~n,~ .~____l ,L......-.L.....) C'.;:;l . ,~.. ,.- c..L.'-I- . I_JU.J,_....,.....,h,,~ l. J,l...,_.I~? ''... .._...._J.... .. -,~ fiLdc.y;:-:~t,:Lort tc the opinion.s of: BU::'t"our,,c'j'Lj)g r.-r'l)p{.:rty ov.:'nc~.l..~S and otJ~(::r.'f3 ~lff:ec..;i":~.::G- i~,__l dc-..:idi':"ig \',:l'..cth(.:ro t()':=):~~!-;:'lC en: dep)' the :cC::.IlJesL f(~'!. \~:!r:l ::~il('.E < ,'-~', { !.'~12 p;,__~ -::";:~:i.c;.l18r s of the hearing and or t!'C' "r,'-l ,p....,. :,.' 1:. _,(~U".b \,\::(1 v4J:ciance H:ce ~:-:, f'o,i,,'ic\-.7[;: Date clnd T~.il1e of t.L.et'inQ'; .'-'__ _, ___' ,_" ,._____.,.._._, _____' ,_,.,__.._,___':.;;l.~ ",,' 11..CI1C:~ : September 21. 1972 :~:OO p.D ~ City CO\1n~i~. Chc.mhc'rs )'.:.1"'~> . ;,,1 ~~ rn >~~[,~.~:?:::...-!\ d ':\~':~ ~~~~~.::_.g~~_};.2. :?.l_ :;.. (: ~~ n t~,}:S: ~':.~;{-:n:.L.;;_~ 1 (;-:._:~ l~e".2' F:cC'd Hibberd, Jr. !\dr'l::-:es,s: J.127 Retce- St., Denver, colorCldo J-'.~OC(;tiOD or dt~scr:Lpt:;()n of l)t'o':..'crt.p,: ~ _.~..~. ~~"..., _,_p",,,...._'~~_'___,' . ,_.'~__._~,__ ,,_ ,,'____,~__,_<'_'...~,-.' ,,~ \ .~h~._ _,_,,,._,l~ L(,('(.~t::'.cr1~ 712 s~. G,:3.1eI1tt St. Dcsc.:lpL'.(on: Lot 15, Bluck 1, L\nthony p,cres il.rrriBl1CC r2{~tlE:S ted: ,,_. __.,~,_~'____"_''''_'r' ...."".,"_.._'_. _-_.' ~ AppLication made to build a multiple family dwelling approximat21y L 7' 't" v . . t - 1 . 1 . "8' ~. ll.t>'!. llGlXl1llUI:n pel:-ml -t('d 1.121.g..1t 'i.S ;... - . P'.:'L,["ti,:::": c,:L 'l:1y'l.~lJc.e: (LJlc3.:.c: -:,',:C:7.~~,~ 0\..:::--. ((~;:~,; 1,,;~;r:i ~Y:/:~t;j-:.~/~ Peri.r8~1cn;,: ?,W-tx.~ r ~pl.. J ~rIlE CTT".~ OF !~,~PE~J .:~e/',PD OF .0:";'1).11.."1 \::~'le (J '\ j / / ey , v_____,.."'( < >--.J;. :)\ C \.: l . IU~~ ~rA::.u-~ ~JA/i.,~,./f; ~.r'k. ~.J.. ~ ~~. . Q.._ A^_____f 1~' 7;::/f-; ,--.~_._""',_.~,~-~ fC'<--.\ '- EXCEPTIONAL ACCOMMOOATIONS AT THE FOOT OF ASPEN MTN. CONDOMINIUM APARTMENTS 12 Serrember,1972 Lorr~ine Graves, City Clerk r::ity of Aspen ~o;.; V Aspen, Colo. 81611 Subject . "'red dibberd Variance Request J ear ,'fj ss Graves, ,;y rumor I heard that Fred J:iibberd had requested a hearin" Defore the Variance Board on heigth for a proposed apartment adjacent to Juilding "M" of The lurant Condominium at 718 So. Galena. The j mmediate nei,:>hbors of the proDosed project were given insu+ficient notice of the hearinc>. I understand from phone conversation with your office that notices were not mailed until ~riday, September 9th. As manarer 1 called several of the owners to whom notices were mai led anc as of ~uesday mornin?, September 12th none had been received. A check of your files will ShOlv that these were mailed to such distant states as Connecticut, Texas as well as Canada. The notice was harcHy mailed in sufficient time for persons to receive them prior ro meet in? time Wednesday, Sept. 13th. by authority of the President of the board of danagers of The Lurant Condominium Association 1 am authorized to make this formal ob jection to the short notice mai led to the "nei211bors". Since the~ have not had sufficient time to receive the ~otices there is obviously no opportunity to either object by mail nor arranRe a trip to Aspen to appear before the Variance board. Sincerely, ..-> the I:uranZJondominium Association t ,.'/1 I. . _ I, _/ L-.. -----____.., Ii- V v 'Rati 1 . F1 cher, l'Jana?er BOX 2108 ASPEN, COLORADO 81611 (303) 925-7910 c o 12 September 1972 Board of Zoning Adjustment City of Aspen Aspen, Colorado Gentlemen: I am the owner of record of Unit 19, Building D, Alpenblick Condo- minium. Accordingly, it appears that the building at 712 South Galena Street for which a height variance has been requested by Mr. Fred H. Hibberd, Jr. will be nearly directly in front of my property. Unfortunately, my schedule makes it impossible for me to attend the variance hearing on September 14, 1972 at 3:00 p.m. If I could, I might well discover that I have no grounds for protest. However, it appears to me quite possible that so high a building will materially obstruct the view of the mountains and the sky-line. If this is true, then I object to the granting of the proposed variance. It will sub- stantially impair the value of my property. The more fundamental issue of whether it is ever proper to grant a variance for nearly 70 percent excess height is-one that, happily, I must leave to you to decide. yours, ~~+ James P. Lodge 801 Circle Drive Boulder, Colorado 80302 Sfncerely ~ J ^.....~'--- MAXWELL ALEY ATTORNEY AND COUNSELOR AT LAW Xli!!IQ{K_K~~1OX'Jl.X POST OFFICE BOX 800 ASPEN. COLORADO 81611 TELEPHONE (303) )l.H)lKOlX 925-3998 925-2961 September 20, 1972 Ms. Lorraine Graves City Clerk City Hall Aspen, Colorado 81611 HAND DELIVERY Case No. 72-19 Appeal to Board of Zoning Adjustment by Fred A. Hibberd, Jr. in connection with application for a height-variance. Dear Ms. Graves: I am writing this letter on behalf of my client, George G. Anderman, who has engaged me to represent him in - p.rotest to the captioned application. Mr. Anderman is the owner or-the single familX residence situated on the North- half of Lot 4, Ti~ple Woo s SUbdivision, City of Aspen, which L1es immediateLy adJacent and north of Lot 15, Block I, Anthony Acres, which is the property owned by Fred Hibberd. Mr. Anderman opposes granting the variance requested in this case because the proposed structure, if permitted, would destroy most of the remaininq view from the Anderman residence of the ski slope on Ajax mountain and would place a parking structure immediately in front of his residence, further destroying the aesthetic value of his property. The parking structure is apparently designed even to accommodate vehicles from unrelated structures. At the hearing on Thursday, September 21, 1972, ~ wi 1 resent several photographs graphical "1 "ng the present V1 e 9 erman s1dence and how they w~ ected by the proposed structure if the variance is granted. Mr. Anderman in the past has refused to consider an offer by an apartment developer. He wants only to preserve and protect the unique, property he has developed over the years. Ms. Lorraine Graves Page Two September 20, 1972 The residence constructed by Mr. Anderman was designed, along with the adjacent residence on the same Lot 4, by Charles Sink, an outstanding Denver architect, to fit uniquely into the hillside location where presently situated. These structures won an architectural award for Mr. Sink, and the Anderman residence is valued by him and his wife for its unique value close to the skiing on Ajax, secluded, but at the same time close to the heart of downtown Aspen. A special tramway was constructed to serve the Anderman and adjacent residences, and recently Anderman and his neighbors have developed a special parking area behind the Tipple Inn at the foot of the tramway. The Anderman residence was built in 1961, a long time before the high density, high-rise structures lying to the south and west of the Anderman property. The high density zoning for Anthony Acres was later obtained by the applicant, Mr. Hibberd, and he has utilized it to the fullest by obtaining height variances for the already completed structures. However, the precedent was set by County Zoning, the area having been subsequently annexed to the City. Now Mr. Hibberd wants to crowd onto the last available piece of his property another high-rise, high density structure in order to milk out the last possible dollars if the Board of Adjustment will bend his way. It is clear from a reading of the Preamble to the Zoning Ordinance of the City of Aspen (Section 24-1), as well as Section 2-21, describing the powers and duties of the Board of Adjustment, that the granting of the variance in this case would violate the spirit of the zoning ordinance, adversely affect the public welfare by expanding an undesirable and destructive high density pattern and create a substantial injustice to Mr. Anderman and others similarly situated such as the Sterling Colgates who have a residence on the South- half of the same Lot 4. The hardship in this case is not one of which a developer seeking only additional profits can complain but one which will be done to a long-time Aspen homeowner whose property values will be severely damaged by the granting of the variance. The lots in the Tipple Woods Subdivision are privately zoned by covenant to single family residences, no more than two of which may be placed on any one lot. If the variance were granted, the only possible recourse for Mr. Anderman would be to attempt to increase the density allowance on his property. This would require the unanimous consent of all of the owners of lots in Tipple Woods Subdivision and an application for rezoning to the City Council. The practical difficulties of such a course of action are obvious. However, it is not Mr. Anderman's desire to change the covenants or to rezone his property, but simply to protect and preserve a prior and uniquely valuable property right. Ms. Lorraine Graves Page Three September 20, 1972 The applicant for the variance took title to his property with full knowledge of the existing zoning and the prior existing use of the Anderman property. He has been building high density structures requiring similar variances step by step moving from the south toward the Anderman property in order to establish a precedent use. This has simply been a chipping away operation against valuable prior existing land use in the area, completely in violation of the spirit of the zoning law. There is nothing in the criteria set forth in Section 2-22 subparagraph (b) (1) through (4), inclusive, that properly interpreted should give grounds for the granting of the variance application by Mr. Hibberd. I am sure it is clear to the Board that it is the applicant, Mr. Hibberd, who has the burden of proof of hardship, of extraordinary circumstances and that the variance will not adversely affect the general purpose of the comprehensive general plan. My client intends to take all necessary action, including recourse to the Courts of Colorado, to oppose the imposition of the variance applied for should it be granted. He appeals to this Board, because it is representative of the general public and charged with the protection of zoning and the comprehensive plan, to affirm the building inspector's refusal to grant a building permit for the structure proposed by Fred Hibberd, Jr. in this case and to deny the variance. Respectfully submitted, 1hWt~-~ Maxwell Aley Attorney for George . Anderman MA:wj cc: Albert Kern, Esq. George G. Anderman f'""'. '-' !"""\ V October 24, 1972 Aspen Board of Adjustment Aspen City Hall Aspen, Colorado Re: Consideration of Fred Hibbard Case Gentlemen: I am in receipt of the attached notice of a Board of Adjustment Meeting to consider the Fred Hibbard case on October 26 at 3:00 P.M. I do not know whether you will take further testimony at your meeting but since I will be in Dallas and unable to attend, please be advised that the Durant Condominium Board is still opposed to the building as proposed as well as the other Durant owners who voiced objections and sent letters. Again, thank you for your consideration in this matter. Sincerely, n ;;(!' /:!Y~ 1l '---"JJ! Oy V'c.Z Philip R. Moore 7029 So. Steele St. Littleton, Colo. CC Paul Fischer . 1"'-. ~ /"'''-''\. .....--/ Regular Meeting Board of Adjustment October 26, 1972 CONSIDERATION OF FRED HIBBARD CASE WILL BE OCTOBER 26, 1972, at 3:00 p.m. City Council Chambers, City Hall. - c H. GREGORY AUSTIN 500 EQUITABLE BUILDING DENVER, COLORADO 80202 September 18, 1972 The City of Aspen Board of Adjustment P. O. Box 694 Aspen, Colorado 81611 Objection to proposed zoning variance Case No. 72-19 Hearing Date September 21, 1972 Property Description - Lot 15, Block 1, Anthony Acres Gentlemen: I received today in the mails a Notice of Public Hearing concerning the continued hearing in the above referenced case. This is the first communication which I have received in connection with this matter. I am the sole owner of Lot 5, Tipple Woods subdivision. As the proposed variance has been described to me, it appears clear that it would permit construction of a structure which would substantially impair the view from my property and would substantially and adversely affect the value of my property. In light of the existing high density of development of the area concerned and the attendant parking and other problems, I can see little justification for the variance. your board has been generous in granting variances to Mr. Hibberd on other occasions, and it does not seem inappropriate for you to give fuller consideration to the economic and aesthetic values of other property owners at this time. Very truly yoorsp '~ /f/ 02/ (p (.P "./ J'eUF ''/()/~- ~(eclt~ilie-i) (i)P. INCO:aFORATED KENBEllS NEW YORK STOCK :e:XCHANOE,INC. (212) 425 - 2800 ONE NEW YORK PLAZA NEW YORK, N. Y.l0004 September 20, 1972 Mr. John Dukes, Chairman Board of Adjustment City Hall Box Z Aspen, Colorado 81611 Dear Mr. Dukes: As co-owner of 301-A Durant Condominium, I would like to formally protest the proposed request by Mr. Fred Hibberd for a variance in the zoning ordinances to enable him to build a much larger building than has been allowed. When Mr. Hibberd solicited us into buying our apartment, he assured us that he would not build anything on that property that would block our view of town. He indicated that the only thing he had planned for that property was to place his "Conquil" modular house for his own use. Now I understand he has plans for a building that will extend out far enough to block our view of the town and a structure that will eliminate most of the remaining Aspen trees on the lot. Not only did Mr. Hibberd not provide for adequate parking spaces for the Durant when he built it, but now he proposes to build an additional structure that will also not have adequate parking to further congest the area. One only has to try to drive through the Durant parking area between Christmas and New Year to see how congested the area really is. I do hope the City Councilmen will take this into account before making a decision on this requested variance. Sincerely yours, a?!eUW7{~' ~:U!itf:~" Anderson B. Carothers HENRY B. MITCHELL P. O. BOX 1415 HOUSTON, TEXAS 77001 September 19, 1972 Board of Adjustment ci ty Hall Box Z Aspen, Colorado 81611 Attention: John Dukes, Chairman Re: Hearing September 21 on variance Requested by Fred Hibberd Gentlemen: As the owner of a condominium (301B) in The Durant, I am writing to oppose Mr. Fred Hibberd's request for a variance permitting him to erect an apartment building on the adjoining property. I understand that the owners of apartments in the "A" Building of The Dur<:!p.t were assured that the restrictions did. not permit a building such as thatp~qp9$ed by Mr. H1bDei:a~so-cI'ra1:'-t:lietr. viewwoura~ffi~~-t,:_~U~_9.!}.:b;i!ct.(~~1. It would seem most unfair to them if a variance were now granted blocking their view and destroying the value of their investments. .._....~... The Durant is a handsome, well-built group of buildings. It would seem most unfortunate if the restric- tions in effect at the time it was built were now modified by the requested variance in any manner which would detract from The Durant's distinctiveness and value. Very truly yours, ,-t~- .. ,.... "\ 'D1.C_L ,,_._-j ": HBM/gs '- Dr: . Mrs. Stirling A. Colgate 1201 Olive Lane Socorro, New Mexico 87801 9/16/72 The Board of Zoning Adjustment The City of Aspen Box V Aspen, Colo. 81611 The Board of Adjustment: We request that the Board.not grant the zoning variance requested by Mr. Fred Hlbbard for his property on Galena Street directly to the West and adjacent to our property (see below for des- cription. ) It is our understanding that Mr. Hibbard is requesting that he be permitted to disregard the zoning ordinance of a maximum of 28' high and be allowed 47' high which is an increase of 70%. We have not received any official notification on this proposed variance so we are relying on information from non-official sources. We feel that if such a variance were permitted it would deprive us of part of the value of our property:-its re-sale value and itB beauty. Further, our property is ~~ngl~-familih dwelling with interconnecting covenants Wlth e other Tipple Woods lots so that it could not be sold for commercial purposes. '4e were cognizant of the zoning of the area when we bought it: we bought it because it waB a desireable single- family dwelling, zoned an~ protected for this purpose. It is an architectural asset to the community. We use our Aspen home many times a year: thiB June for the theoretical astrophysics conference, in December for family vacation, and other times as a weekend retreat. Our adult children use it with their friends likewise. We are not interested in renting the property or in commercial gain from the property but rather use it as a permanent family base. Further, as home-owners in Aspen and vitally in- terested in the community we feel that the officials of the City of Aspen need to ~rotf?ilthe~ny~nm~Dt of Aspen: a community of totally lea-space will destroy the viabilit~ of Aspen as a year round re~~~n~ communlty. r pg 2,9/16/72 Dr. " Mrs. Stirling A. Colgote 1201 Olive Lane Socorro, New Mexico 87801 We ask that you maintain the zoning laws and that you refuse Mr. Hibbard's request. If such a variance is ~ranted we will Qursue the matter through the Dis rlc~ ~ourts. ~ewould hold Mr. Hibbard legalry responsible for the des- truction of the value of our property if he pursues building to such a heigth. We Erotest not bei~E informed by the City about this matter ariraooul';""tne-meeting 9/14/72. We cannot understand why the address on the tax notices was not used to notify us. ( We understand from friends that some notice was sent but returned to the dead mail when the Aspen phone book street address was used. This is not even our Aspen mail address.) We feel that there seems to be some attempt to hide this variance proposal from the adjacent property owners. We are not able to appear before you at the meeting that we have heard is now scheduled, i.e. 9/21/72. We have so informed our attorney, Mr. Leonard Oates and have asked him to represent us in this matter. We had expected that the property to the west of us would be developed. We now ask that the zoning laws be adhered to firmly to protect our property and to protect the environmental beauty of the City of Aspen. Respectfu~lY your~, ,~~ c;: ~~.~ ,i~:/-~ tV, ~~ Stirling A. Colgate and Rosie W. Colgate Our property as defined by the tax notices: COLGATE,STIRLING A & ROSIE W. I-R 1201 Olive Lane Socorro, N.M. LOT 4 TIPPLE WOODS SUBDIVISION cc:The Mayor of Aspen Mr. Fred Hibbard The Aspen Times , The Editor Mr. Leonard Oates ~- /Jd!: ~. ~ C<- ~~ /-vt-~~~ ~~1d~ oj~;/ ~ ~~~~ t; 7 (1/~ r d~~dL/ 1vv-. (~ ~ 0'~ MGMDVRA DVR 1-010341A263 09/19/72 ........ M -I ICS IPMTBXE MTWN 02521 A 7162321440 MGM TDMT ROCHESTER NlflefiJern union al gram ZIP 81611 JOHN DUKES BOARD OF ADJUSTMENTS CITY HALL ASPEN COLO 81611 REFERENCE CASE NUMBER 72-19. I AM THE OWNER OF APARTMENT 102A LOCATED TIN THE DURANT. I STRONGLY OPPOSE ANY CHANGE IN VARIANCE FROM 28 FEET 47 FEET. I BELIEVE A PRECEDENCE WOULD BE ESTABLISHED WHICH IS NOT IN THE BEST INTEREST or THE TOWN OF ASPEN. APPROVAL WOULD OPEN A PANDORA'S BOX FOR SIMILAR REQUESTES FROM OTHER DEVELOPERS. IRVING GERMA~12 PALMERSTON RD ROCHESTER NY 14618 1028 EST MGMDVRA DVR o Ja:Jching ~au:J ...." '-' BOX 1750 ASPEN, COLORADO 81611 .. T 303-925-2260 ELEPHONES 303-925-1 I 22 Sep:tembe/1 /8, /972 ;John DukeA(iJJCIuWunan /30cw1 of. 'U4imeni r II 'n , ita n a.u ItJpen, CO/f)fwdo 8/6/1 7?[: 'P/lOfXJ4ed appAimeni devetop,neni adjacen:t :to Tfte OwzantiondomJ.ni.um4 on I.ja-lena Shzed. 6u ~JI1. Fned ~'" 0 11./..00 . /JeaIl- !)n. OukeA: We opr.XMe the D,-1I.an;tJ.ng, 01 a vOlli.ryz.ce :to ,1itz. Fned !li66e11C1. Inn an apaA-imen:t devetopneni on ya-lena Shzee;t Inn :th.e fo llowing II.ea/.XJM: In 1964 the .taw j.iJ11.Lt.e:L 6uild.i.ng. :to a ITrlXiflll/ll! 25 woi 1teJ.1J!!..:f. Tfte//.elnll.e we pw;,CIl.a-Jed the 4i.ie (on Fadch.i.ng !!QIk1 .i.rwiead of :t!ie I- i?f:h. Avenue loca:t.i.on. A nf'll) ~uil&nq. wiLl cui olt. the Vif'll).ol Smu:;;~e//. /Jourdain (.110m OUll noll.:th. and ea4:t faClll{! apaA-.-!men.;/A. ;r: II. ed !li66 eIICI. h.a4 6 een O/1anied vOlli.anC2/.J eve//. 4i.nce 1964, and h.a4 cui oll fCUJch.i.na !lQIk1 view.a. 50u:th.etUl view.a Welle cui 011 ;v.i.th hM ooMhzuciion 01 the Fi{tl.. Avenue AlXl/1imeru-':4. , i?e :tJte//.e,wne 4wng.iI! feel :!:Iu:d. :th-W new nepIe4i Inn a vOlli.ance 4fwuld be denied. SinCe/1e.4" --,;(U~ ~~~i 8.r!mCl/la F CUJ ch.i.na BF ,. me , , '",..-,' September 21, 1972 City of Aspen Board of Adjustment Aspen, Colorado 81611 Re: Case 72-19 Gent lemen: As the owners of Unit l03A of the Durant Apartments, we strongly obiect to the proposed construction of a highrise building on the site which adjoins the Durant Building A. A highrise building on this site would completely obstruct the present view which overlooks the town and Red Mountain, and, from bel~such a building would partially obstruct the view of the Little Nell hillside. Moreover, the proposed construction would also eliminat,e a large stand of Asp'~ !re~~ which provide priva~~ and lncalcuable aesthetic value to all owners in Durant A Buiid1ng. ~he economic and aesthetic impact of such construction on the owners in Building A would be enormous because, unlike any of the other Durant buildings, the developer designed Building A so that all the windows in several of its units face the now proposed construction site upon which the developer originally had no intention of erecting a highrise building. When the Coquille House which presently sits on the proposed development site was erected by Mr. Hibberd, the developer of both the Durant Apartments and also the owner of the proposed construction site, he again reassured those of us who had purchased apartments in A Building fr6m him that ~ would never obstruct our view or destroy the adjoining Aspen grove by-bu11~ing anyTUrng-nigher or further back into the trees than the Coquille Building or a residence of stmilar height. If a building on the proposed site is constructed in conformity with the existing building code it would not obstruct anybody's view. It is unconscionable for a developer to design and sell property based on an unobstructed view and then subsequently be allowed to destroy the very feature which constituted the principal factor in its sale and the economic mainstay of its property value. c ,'" '--.' Board of Adjustment September 21, 1972 Page Two. If it had been Mr. Hibberd's original intention to build a highrise building beside Building A he should have revealed these plans to the purchasers of Building A at the time of their purchase and more importantly he should have designed all the units in Building A so that they faced Galena Street as he did in all of the other Durant Buildings instead of them facing the solid wall of the proposed building. However, it was not Mr. Hibberd's original intention to utilize that property for a highrise. He has steadfastly maintained that his~J,ep'~rP?Ele in a<m~!.~!..~;..,EE~~t:,t.~.was to provide .~d~.Ullate Dar~iqg for the owners 1n Durant ~uildings A,B,C, and D and, incidentally, to develop the property residentially in such a manner as to avoid obstructing anybody's view. Denying the requested height variance and requiring the developer to build in compliance with the existing standard building height limitations will minimize the adverse economic and aesthetic hardship on all surrounding property owners. Mr. Hibberd was well aware of and completely familiar with the building and zoning codes at the time he purchased the property. He has subsequently assured us that he intended to comply with these codes, and he should be compelled to do so. Respectfully, ;;e. t/..r 8. ~~ t/-Ui..it '7 b~ K1>1+ L.A. and E.Kay Ulrich Durant Apt. 103A Denver Address: c/o Combes Aircraft Division of Gates Learject Industries Stapleton International Airfield Denver, Colorado 80207 LAU:mf - L' , ~") ',- ~ _c7C C,- " C-/ iJJ/ ~. /;'.p-- ~'~:J'- 9.'711/ ! ,?, / _~-i /' i , C---,"\ ~~, (f- '-L- /& u.,c{c;' co /":;, {! {;' '" '-~-/.- / "', -' - /' -. ~-V-t: (_'~~L---;<.--)_.( --; --"f> ,,< /:-)"'~ / T -'. , /1 i ! 'l\1L ~cle-~- d " / :" i <. ---( C.:-: -:'"J-~-;(, )~ / '-I ... ./_--' :,~~I...-/I_/i} ?(._ :.:.3(. i '-l'.,,-./-kj /' -r '. .. ~ ._"---~":- , / 1 / ~-/\..~C/ i; '_ell . d V 1 ., .-::.-rat '--,/ .,:// ,I,__,G '_ '._ ) /~' ;'<../ I (' ~ - ) CI_ {l ./1J./.' I- c c /:.- r /// / .,' '--1:, _ : // '-...--.{ , ;' ~/ 7--..._ ~/. ._ I (}7 /, i/ -7Z.{ ,-/ -2-</)>'7 ~;'~t:' :,1' t/ JI i i / _, _,/ '-" (--.,': (; #- Lc 1 ,.-I //J--p :' ?~ /:- ;. ~;; - ~"'I,",- < /-0 ""<, / LL<..:' /i--~/ _ )-> .:f 1- (j-- rL <:/c, t' ;::-:";;v\../ T-'"'-'-"-"--'~ ,c", .. '" i. (C/!J.!L';D~.6~--}_.<? -;;/ j ljt; Ic~ t y/J ->: I.' y /0 ,--'. i ,7-j il L-, t[ l >-(/ ('- / /;'---,.( '- ~/ fl,'......j _) / /I~' '.- '-- C -C- _.J.. ./ (2 :;'/i//,,--IV J t_'_ ~".".J-..r;'.....- .. ,I i" A: /. /~..L-/,-C, C. ,': /! 1__/// -'.~;:.-:~/ ,..;{ I // " e-L:: -;""-< ,'j f L. -/ 7- ~..:.<-:-.. >.' . :f' - /,-, ~ /;'1,.- , 7/~ L./'-{:" ~--:")/ j_A '.--- " ~/ A;"~ '- . ;] "--.0'-<. ,/,::/ ,,(" L -, )"'1-('cZ---tL r./ / /~i -,--. -..'/. ~~, / J[:'_. ~' /' I;.-t..-- C"!- '^_<J- -;~ _ ':' /-:. .c/" , jJ~} .,;:'/ I~{.' , Ij / ,"":::--L--(~'--6(:.' _( :-7 -/ /C /v_ j :/.'.' -L/ /,_ ..._. - --'---' ,/ ~ 7v( , I ( \?:.~"J/ -)-) ~) /7' / _.,',~~- ~.-:;; " ]"- <-r-(;;._J' ? -L/ / {./v[>.:;; 77- ---/{/~ '~L __ <:./~--t /-/' j' .( /, '~-7L<_ -if ~ / ;, j '-"',/ /~p ,,-/ >,r, v ). ;/~'.<l..:__.:.' / V .::::2~,~:;--f ._ {~' ,y '~f / ;_/_7; ___/ '.... ',-,( ~ -,- ~~L, -\A~.L_ -i-1~ C:"'-1 / , . ( ",' ;: 'If/' --+c. , "._.:.-,'C/ ---(.. i/-/ / " F) ~ ," < J' //~ . f/ ~'" zt <_( '/ / ' ';': I. --'J , ) /;-!---: c" /. .:./ Ly-..............__ /..;:' ,(/ "'- ;....,I-.'--1.:?_ 1, ~ ./" /~ -C--, I /J;<(/~,I/' WAIKIKI MEDICAL BUILDING 305 ROYAL HAWAIIAN AVE. HONOLULU, HAWAII 96815 September 18th, 1972. John Dukes, Chairman. Boaru of Adjustment. Ci ty Hall. Box Z . Aspen, Colorado. Dear Nr. Dukes. Thank you for informing me of the Public Hearing, Case 72-19, regarding ftr. Fred P~bbard's application for a new building at 712 S. Galena St. I strongly 9hip~t to allowing the existing building code to be moditied for a 47' s tl'ucture. Aspen is one of the fe1-l remaining corcmuniti';s to have a ~~oc! sense of community lannin. Byallo1-ling higher "hig -rises", you 1-lill change Ie en ire feeling of tile city. waikiki r~s already been ruined by this type of selfish anL short sig11ted planning. I 1-loulci hate to see trus same type of thing happen to Aspen. BmTcver, Ii Aspen is anytnin[; like Honolulu, a little "PayoiLla" unuer the table will make this request arm the Thursaay meeting irrelavent. 'ncerely, ~~ E.'oruQl1 Dickie 1'1.0. JOHZ. A. .k.u>DRlU.L, D. D. S. Ou~ S. BOlU>m>i'. JR.. D.D.S. Prllctlce Limited to Orthodontics 1171 N. HENDERSON ST, GALESBURG, ILLINOIS 61401 Phone 343-8727 September 19, 1972 Board of Adjustment City Hal1 Box Z Aspen, Colorado 81611 Attention: John Dukes, Chairman Dear Mr. DUkes: I would like to take this opportunity to voice an Objection to the application of Mr. Fred Hibberd, Jr., 1127 Race ~treet, ","', Co'o"" to ""d , "'t,p" '''''y """,' 'PP""""'y 47' high just north of the Durant Condominium apartment complex. I object to a bUilding of any height greater than the maximum per- mitted height of 28'. The purpose of the original ordinance obvi- ous ly was to protect the view and the ri ghts to a vi ew of the ad- jacent property owners. A 6Uilding 47' high would interfer with the view of the adjacent property owners. I would like this letter to serve as ~ official objection to such a variance and be recorded at the 3:00 P.M. meeting in the City Council Chambers on September 21, 1972. JAM:ma cc (~~d, ~~~A'Maddrell, D.D.S. Owner of 102B Durant Apartments Aspen, Colorado 1"'- '- TEEEPHONE CALL TO: Board of Adjustment FROM: Billy Howell RE: Variance Request, Hibberd ..., "'-" Although have already sent a letter would like to call and state that Mr. Hibberd mislead me when I purchased my condominium. He stated the land would be used for parking or a private residence for himself. There will be two apartments that will have no view what so ever. This is against the ordinance and cannot apprehend how it could be granted. Call taken by L. Graves 9/21/72 r ,"-. ""'" - TELEPHONE CALL TO: Aspen Board of Adjustment FROM: Kathleen Downing, Denver RE: Fred Hibberd Request Wish to seriously oppose the granting of the variance for the following reasons: (1) cause a serious parking problem: (2) view from the Durant would be marred; (3) open space and trees would be replaced by congestion. Request the variance be denied. Property owner of 202A Durant Condominium. Call t~ken by L. Graves, 9/21/72 ,. PEN box v I (. ^" ", .r:..i. PEN box v ,'- - ,. I" (I", ^.-: '. j-, j' ...... "',. a.=:: ,~ \~ "7" c. pC:~"::::"''':'_' ~ ,..~ '--v1"w- '.-~ ._- I'~ U ~ .."__ :s SEP -8'72 r"i~;l COLoA~ ,:'; '" : ___/ ..1).5233;)1_ '.';l 'x ,MrS. J. hn Powell '\ I Apartme t 201A . . _ (1 Aspen, C lorado ~.: G \ '" l. -=--::_-_..:-;;-~) ',Y"'~ Cc. p,,~..~ . ~ \"",.,) ~tV':~~~ \ -~, Is!L SEP-S'72 \r::'?~1 J~:fuj C'OLQ/iJ8 ~j~T,Cr~~ I .__' c., . .'~ ,.:.~, _ Mr. Ste*ing Colgate South Ga ena Street Aspen, Co orado 81611 \ \ \