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HomeMy WebLinkAboutlanduse case.boa.Anthony Acres.024-72 - , NOTICE OF PUBLIC HEARING Case No. 72 - 24 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~ia1 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 Jetter, 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: November 2, 1972 Time: 3:00 p.m. City Council Chambers, City Hall Name and Address of Applicant for Variance: Name: Fred Hibberd Address: 1127 Race Street, Denver, Colo., 80206 Location or description of property: Location: Anthony Acres Subdivision Description: The east half of Lot 14 Variance requested: Application for building permits to build 16 one-family dwellings. The proposed one family dwellings wU1 be approximately 60 to 120 feet above the street reference point and therefore the bu1dings would be considered 60 to 120 feet high. The maximum permitted height for principal DI~Hin of Variance: (Please cross out one) buildings is 28 feet. ~ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY by KLD T -"'" " ..~ " APPEAL TO BOARD OF ZONING ADJUSTMENT " CITY OF ASPEN Date /oh6'h~ , , Case No. 7,? -;l. V 'Appellant 7/-"nI k6)a'/ . Address //,;2 7 )Pac.- S/. ~n~w" ~.;2C (;; cJ/c) Owner?:-n/ ~6,6"./"c/ Address 6c......-c Location of Property c. c.......s S u,7 -0.:'/<, & Lot No. g~ C&h 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: 7hr O().Ji'"J,- ~1't...l""<J~$' V~ NPCoGS\SGi-Y A~i9~/ 6or,.u'*'c.....,} ,~ (;)r-~#-~ """ b.." 1/ /6 <'"w~~. ~.'~_ G<-'?,/s 0,-.5 -<JQ,P<u.<,;I.... Nc.v<'//"'~7s ~n It:" 06~"~ ~5c'... ..t.~/ 'po"c".../'I'7 _ Coc -: 4w<,/~-/ Cur'// ou/'7 ( / c.s see"""'- hI' :frc4"i:-t /'7"/~ /8/ c~tfcvo!- ;It:.e sc-<;.rl'CN'/-7 '7'raCJ~d L-Puo P~J1.. c:.:< Vor/aw<:-L /s re'tj'<--',,.....oI h....,:>cc.:.(...I'"~...e. y'~ $, ~e... e-/'.s.-~..!;., 7;-<"'--"" S7f-r:::J~,L .RA"^,,f/o~ 7970 p0 I"k<2 tbac/.... 'pr<.J""~"',I;- C-'~<L -€ 4001/0'-<- 8''' 80. 7'-e (ftJ,.)e/l/h,,-:::" .:;t;c- /r?/...A. ~4ind /,rc/,C0-~~ 5~r c..........~JI'I"~..;/,'c.'~ ~/w~~&..'-- (ji,r..""I"" 8"'/0 o,wd ;2/"-0'<0//0'<. li'o g>OSigned .~ ~_ , Appe ant ~. 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 BUILDING PERMITS TO BUILl 16 ONE-FAMILY DWELLINGS. THE PROPOSED ONE FAMILY DWELLINGS WILL BE APPROXIMATE- LY 60 TO 120 FEET ABOVE THE STREET REFERENCE POINT AND THEREFORE THE BUILDINGS WOULD BE CONSIDERED 60 to 120 FEET HIGH. THE MAXIMUM PERMITTED HEIGHT FOR PRINCIPAL BUILDING IS 28 FEET -SEC 24_~~).~ ~. CHIEF BUILDING INSPECTOR ~~~~ _____.______ -----C7 Status S~gne J Permit rejected date Decision Date Application filed Date of Hearing Mailed Secretary ~ ('~O r., ",", 'iJ.-o;'/01f' -;' ~ fl'11 , . J~I November 8, 1972 r~ ...... L.; f r-~ -" -: -....~ ~ , ~.'>,' ".~-,,~, ,"". ", , oI~~,,<.:::_, ' ',' -,.,j.' , ~....", ~ ;J ~.,jl,UhllM="-\n;iI 'i .. (J Mr. WiZZard CZapper Fire Chief Aspen VoZunteer Fire Department Aspen, CoZorado 81611 Dear ';t'i Z Zard: In revie~ of our discussion Zast Monday, I ~ouZd Zike to set forth the foZZo~ing conditions regarding fire access to the east haZf of Lot 14, Anthony Acres Subdivision. I fuZZy understand that this pZan to buiZd on this property ~iZZ not receive your endorsement, ho~ever, in an effort to arrive at a compromise soZution to the probZem reZating ~o a steep site, I wiZZ make every effort to create as safe a buiZding pZan as possibZe. In going over the pZot pZan Zast Monday, ~e arrived at severaZ conditions ~hich are as foZZo~s: 1. By separating the individual units by at least 15 feet, the potentiaZ Zoss has been drasticaZZy reduced in com?arison ~ith Zarger condominium structures. 2. The construction of the units ~iZZ consist of masonry on the exterior, concrete and heavy timber on the interior for the floors, cei Zings and roofs, and one hour fire ~a Z Zs for the in terim' partitions. Each bedroom wiZZ have an exit direct from the room to grade ZeveZ. The upstairs Ziving room ~iZZ aZso have access direct to grade Zeve Z. J. Access ~iZZ be provided at the Zo~er leveZ of each unit and also at the upper ZeveZ of each unit. 4. Within the units noncombustibZe fabrics on couches and chairs and for drapes ~iZZ be a requirement in the purchase con tract. 5. A stand pipe system ~iZZ be provided according to the attached pZan. 6. As part of the stand pipe system, fire hose cabinets wiZZ be provided and wiZZ incZude 200 feet of hose with nozzZes along with a forceabZe entry bar. 1127 H^C~ STREET. OCNVEn. COLOf1^DO 80206 II TELEPHONE (303) 355-6400 r" ,1"'" r'l ~ '-' H183ERD . CO' \';'>-"'i 'CTION ..1 li -',.~') i . .; ,-" ",,-,CO;\iPANY '....../ b.J Mr. Willard Clapper -8- November 8, 1878 7. On each floor, visably displayed, a dry chemical ABC fire extinguisher not less than 5 lbs. will be installed. 8. On the east side of the property half way between the north and south property lines, a fire hydrant will be provided. If you have any further additions, I would be happy to include these along with the above in the building plans. Very truly yours, FH/cjl ~:J~ Fred Hibberd, Jr. 1127 RACE STREET. DENVER, COLORADO 80206 . TElEPHONE (303) 355,6400 s~L",-, + - ' t 'It--~,: 1 ", I' . K' i' '~ r"" . ..... , ~_/ J K ..,. ---'--.. '~~ , j" /;:l , '. 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I' ~->, -<: //,:.i:F:i., ':=r;", ' I:'~ I, , / ," ,I .' . , t- '" I" ,', ':'-'/ " 1. - ~ -~- I'.l'.~");-'/" /",,/," ,./r~ .--:"11_- ... r ,1'-"- . , "...,. "~- -.----- --.... I i I ~" . , +' , '. D~\l.K" -.. " ' fJt L i- i ". I. ~. I - I ~! /,1 I, . I, I r I" r. ,F - I~ r" "---':'--~.-' I' . "" "--- L , >- " '-",- , \ '- , "-4 ",,-- /' .,;/1 " " ,/'/ ---- ~ -'-'-'~--_._. ~- I j\ ...... .' --J " I.' ~ 0', , i"- ,- " , ._J-' 'I.' I /' '! " .~'I.' ,/ ". - I .'~ "T{- \ " I ,\ ,.1, I"~ '., I , " "1/ '. ,I" ,I .I '. ", I i~_ I I, / ' ,.' /, _.. 1-.- '. '" -. I ( 1-:-: t'. >, . .HIBBERD ...CONSTRUCTION . .COMPANY Mr. Herb Bartel City of Aspen Planning & Zoning Aspen, Colorado 81611 . N"l1' ~.~, ~i1r. ff'/ (11! , 14, 1972 Dear Herb, At the request of the Board of Adjustment, I presented to you my plans for building on Lot 14, Anthony Aares. This will inalude 16 individual family units, not to exaeed 18 feet in heighth above grade. Items that were partiaularly important to you and the Planning Commission will be made a part of the build- ing plan. These are: 1, Minimal exaavation with respeat to eaah building site in order to preserve all trees and shrubs, with the exaep- tion of the exaavated hole only. 2. Sinae only three or four units will be built eaah year, it will be possible to exaavate in advanae for additional units and begin replanting any disturbed vegetation. with this in mind, it will be possible to have approximately 50% sareening thru the use of trees and vegetation in front of eaah dwelling unit. This along with roofs that will parallel the slope should aonaeal the buildings and provide a gradual phasing from high density to low density. 3. This building plan will aonform to the proposed green line at elevation 8,040. After your review of the above, it is my understanding that this property should be aonsidered for a heights varianae by the Board of Adjustment provided, however, that if the vari- anae is granted, the Planning Offiae and the Planning commission shall review and give final endorsement prior to the issuanae of a building permit. In addition, as noted on the plot plan, there is a trail that goes through the aenter of Lot 14, Anthony Aares, aalled the old Road Bed. This trail is used in the summertime as a walking path and in the wintertime as a ski trail for aaaess to the bottom of Little Nel. As part of the building plan, I will dediaate this trail to the City of Aspen for use by the publia. 1127 RACE STREET. DENVER, COLORADO 80206 . TELEPHONE (303) 355.6400 .. . .HIBBERD ...CONSTRUCTION . .COMPANY Mr. Herb Barte~ -2- November 14, 1972 The Board of Adjustment has tab~ed the reconvene in Executive session on December 7th. schedu~ed at 3 o'c~ock. In the event they have wou~d it be possib~e for you to attend? I wi~~ you on this. request and will The hearing is any questions, be in touch with If you have any further questions or comments regarding this request for variance, I wi~~ be happy to discuss these with you. Very tru~y yours, Fred Hibberd, Jr. FH/cj~ Enc~osure 1127 RACE STREET. DENVER, COLORADO 80206 . TELEPHONE (303) 355.6400 . .HIBBERD ...CONSTRUCTION . .COMPANY '~~1 ~~~1~ '- November 8. 1972 Aspen Board of Adjustment a/o Mr. John Dukes. Chairman City HaZZ Aspen, CoZorado 81811 GentZemen: In ans~er to your request for defined speaifias regarding the request for heighth varianae for Case No. 72-24. I ~ouZd Zike to make the foZZo~ing items part of the aonditions in granting the varianae for the east haZf of Lot 14 Anthony Aares aaaording to the attaahed pZat. 1. The projeat ~ould be limited to sixteen unattaahed units of t~o stories eaah ~ith the top story of eaah unit, set baak into the hiZZ and not more than 18 feet above grade. 2. With referenae to Lot 15, as deveZoper I ~iZZ agree to Zimit aonstruation on this Lot to ~hatever is aZZo~ed aaaording to the existing zoning Za~s for the City of Aspen. 3. Referenae has been made to aaaess bet~een Lot 15 and Lot 14. OriginaZZy, a tram ~as saheduZed to be aonstruated bet~een the A BuiZding of the Durant and the ne~ buiZding aonstruated on Lot 15. At the request of the adjaaent Zando~ners and property o~ners. this tram ~iZZ not be aonstruated. The main aaaess ~iZZ be direated bet~een BuiZdings Band C at the site of the eZevator no~ provided for entranae to the east half of Lot 14. Any stair~ay aaaess ~iZZ be at the disaression of the Durant Condominium Assoaiation. 4. Parking ~iZZ be provided for the existing 29 Durant units. the 4 or 5 units to be buiZt on Lot 15, and the 18 units to be buiZt on the east haZf of Lot 14 in aaaordanae ~ith the attaahed pZan. Unless there are any further additions that aome up at your Board of Adjustment CZosed Session Hearing. I think this aovers aZZ of the items that ~ere of aonaern to the adjaaent property hoZders. FH/ajZ Attaahment Very truZy yours, ~?I~ Fred Hibberd, Jr. 1127 RACE STREET. DENVER, COLORADO 80206 . TELEPHONE (303) 355.6400 . .HIBBERD ...CONSTRUCTION . .COMPANY November 8, 1972 Aspen Board of Adjustment c/o Mr. John Dukes, Chairman City Han Aspen, Colorado 81611 Gentlemen: In answer to your request for defined specifics regarding the request for heighth variance for Case No. 72-24, I would like to make the following items part of the conditions in granting the variance for the east half of Lot 14 Anthony Acres according to the attached plat. 1. The project would be limited to sixteen unattached units of two stories each with the top story of each unit set back into the hill and not more than 18 feet above grade. 2. With reference to Lot 15, as developer I will agree to limit construction on this Lot to whatever is allowed according to the existing zoning laws for the City of Aspen. J. Reference has been made to access between Lot 15 and Lot 14. Originally, a tram was scheduled to be constructed between the A Building of the Durant and the new building constructed on Lot 15. At the request of the adjacent landowners and property owners, this tram will not be constructed. The main access will be directed between Buildings Band C at the site of the elevator now provided for entrance to the east half of Lot 14. Any stairway access will be at the discression of the Durant Condominium Association. 4. Parking will be provided for the existing 29 Durant units, the 4 or 5 units to be buiZt on Lot 15, and the 16 units to be built on the east half of Lot 14 in accordance with the attached plan. Unless there are any further additions that come up at your Board of Adjustment Closed Session Hearing, I think this covers all of the items that were of concern to th~ adjacent property holders. Very truly yours, ?~A'--LL/ Fred Hibberd, Jr. FH/cjl Attachment 1127 RACE STREET. DENVER, COLORADO 80206 . TELEPHONE (303) 355.6400 ""'" /'"" ,.,.;1 i ~rl' o .. ~ ~--:~:~ , I i t ~ ~- I> . f. :r: oIIi' . 0 ..~ . ~~ " , . . ~t':' D > tI> f")' ..~ 0 =1. ~[') Wr c ~ ~ g r < 0 H! [;) " , > ; < -i~J r . - .. . ~ ~ Z '~r f")C L.~ > ' < ..:ii.f tI> ' . ~ . . > , E < ~ ,. I / / -I I I .. IIHIBBERD I'U'JU'ICONSTRUCTION II iliICOMPANY November 8. 1972 " Mr. Herb BarteZ~ City of Aspen PZanning & Zoning Aspen. CoZorado 81611 n J l Dear Herb. At the request of the Board of Adjustment. I presented to you Zast Monday the pZan for buiZding on Lot 14. Anthony Acres. whiah wiZZ inaZude 16 individuaZ famiZy units not to exaeed 18 feet in heighth above grade: After your review. it is my under- standing that this property shouZd be aonsidered for a heighth varianae by the Board of Adjustment provided. ho~ever~ that ~f the varianae is granted. the pZanning offiae~~haZ1wr~Viiw-ana 'c~ give finaZ endorsement prior to the issuanae of a buiZding permit. In addition. as noted on the pZot pZan. there is a traiZ that goes thru the aenter of Lot 14. Anthony Aares. aaZZed the OZd Road Bed. This traiZ is used in the summertime as a waZking path and in the wintertime as a ski traiZ for aaaess to the bottom of LittZe NeZ. As part of the buiZding pZan. I wiZZ dediaate this traiZ to the City of Aspen for use by the pubZia. If you have any further questions or aomments regarding this request for varianae. I wiZZ be happy to disauss these with you. . Very truZy yours. 7~ptJ Fred Hibberd. Jr. FHlajZ 1127 RACE STREET. QENVER. COLORADO eQ206 . TELEPHONE (303) 355.6400 ,- .-. Oatober 30, 1972 RE: Lot 15, Anthony Aares Proposed Building Lot 14, Anthony Aares East Half Proposed Building In an effort to arrive at a satisfaatory solution to the view problems in aonstruation of a building on Lot 15, I would like to have the adjaaent landowners aonsider the fo Howing: The varianae request for a building exaeeding the allowable height requirement by 18 feet was withdrawn last Thursday at the hearing of the Board of Adjustment. There will be no further requests for varianae on Lot 15. Any bui lding that takes p laae on Lot 15 wi H aonform to the Aspen Zoning Code, partiaularly Seation 24-9(e) Height Pro- visions. A aopy of this ordinanae is attaahed. On Lot 14, Anthony Aares Subdivision, there is approximately 54,000 sq. ft. of ground on whiah 36 unlimited units would be allowed under the existing zoning aode. I am proposing to build 16 separate units as shown on the enclosed plot plan, which is slightly more than 40% of what aould be built on this property. I feel that this isa fair solution to the overall density, and in partiaular, sinae the buildings will be single family dwelling units, there will be no view obstruations beaause their heighth will not exaeed 20 feet above the ground. The aurrent Aspen Code for heighth allows for a building to be built approximately 28 feet above the street that the property fronts are on. The Code also provides for ,-.., -- '-..? -2- a Board of Adjustment to grant a variance in cases where the land exceeds a 10% grade and otherwise would not be able to be built on. These 16 units will require a variance based on the plan. I sincerely hope this will be a satisfactory solution to all those persons concerned with heighth and view obstructions and I am requesting your support for this modified plan. Very truly yours, Fred Hibberd, Jr. FH/cjl Enclosures " , '- - ~ -",..- " 1 / ,l /..; /'~ y. I I ....J.j:: ":Li,L: ," '/ "',J ,::.cy,w'h"'!" \ , ._,:~:-:- ~', <~_~,;'ly~ /);~ "r:!;S:,~1.,~ '" ,.,,'~~~// /'7-)<~':'" _~~,,-> ~,l>~',' '., ,,':.1.:"1' , '/' ' /' )f;f'/ ,/' ' 't' />tytl'i'/ " " . )//> // /k: 1 " >~ ", ,,{ /, '. ';/', /f' \ ,,// /' /' 0/1" ' ///,//y'" '. AI'" , .. '. "',/:~/1/( :/~,C ! "'---' >'1 ,,'(D' ,- ," ,'I ,"" ./, /i'" /' :.' ~,! i J"/"" '/ "r /f ' .'-!. Ii/! / ,;xi l' ",,\. ',"IiI ///,/ fX '~ ;//I>l)~;.e' " //~ ',,1/,/ lAir ',:',' j;/;' ~ ' j I," , ;' /,', ' , " / ,,' /1 I , /' ' ;' '" .. " / (i'l' 'r ,/"~,;/ ~. ..y' <, \,~ ,J '. ", ~:I , ,,'i ' ,'" / , I jl ",: ( ',II~, ," ! ..' ',;C i fl, I , .I' ,I,'" "i,": :,,\'[,". _~,' ,,)..l';\ ,I, ~i" ': ,- '\ ,i 'I' \ ' i.ll ,i, ,II, \ ','\ ~ . j! ".' \ ' i " ' ' ':1 : ',' ;" , i q 1 1 l' i1, ' '/'0:' il----!l1 tl.l!' ,i .1 0, i,,~1 , I t ~ 10 i~:p' '/ ' ' '''" 'I~\ , ,.,! 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CHARGE TO THE ACCOUNT OF TIME FilED NlTE LET ER AMERICAN BUFF INTERNA TIONA Scad the lollowin, mwaae, Jubje.cr to the terms on back hereof. whieh lU'C ~ qned ,. October 31, 1972 4: 30 PM City of Aspen Board of Adjustment City Council Chambers, City Hall Aspen, Colorado JUST RECEIVED YOUR NOTICE OF CASE NO. 72-24. TIME DOES NOT PERMIT EXTENSIVE CORRESPONDENCE. OBJECT MOST EMPHATICALLY TO lHll''''''X HEIGHT VARIANCE REQUESTED ON PROPOSED CONDOMINIUM AT 712 SOUTH GALENA STREET. CONSTRUCTION WOULD CONSTITUTE NUISANCE TO ALL EXISTING STRUCTURES ABOVE IT. I NOT ONLY OBJECT EMPHATICALLY TO THE STRUCTURE, I OBJECT JUST AS EMPHATICALLY TO ANYTHING FRED HIBBERD MIGHT BE INVOLVED IN. I'VE DONE BUSINESS WITH HIM BEFORE. I OWN A 5-BEDROOM CONDOMINIUM IN THE DURANT. LEONARD B. SAX WU1206(R2.65) '''' ,~ () ~~ DV~L9Z(1234)(1-0119lSC3C7l~u 11/02/72 1231 Z res I?;;V~L~ ~'l\i'J ,-,A' .-' ~ ZCZC OD06l T JVE i10LbE ILL 113 11-02 1050,\ CCT ~ ~ ~i~y c~r~L G~s~~~t.2 ocgM'J Or AJJUST'1E'H rOIJi AND MC ~~ ATTENTION MR JOH~ JUKES, CHAIRMAN ~~ ,PLEASE BE AOVISEJ OtOUR OBJECTIONS TO MR H18BERO'S REQUEST w~ iFOR A ZONING VARIANCE LOT 14 ANTHONY ACRES SUBDIVISION CASE NUMBER ~ '72-24 ~ I. POPULATION )E~SITY IS TOO GREAT IN THIS AREA NOW , 2. PARKING IS AT ?RESENT NOT ADEQUATE DURING PERIOD OF FULL I OCCUPANCY OF BOTH tHE DURANT AND FIFTH nViNUE Z I 3. A DANGEROUS SITUATION NOW EXISTS BEHIND THE DURANT WHERE THE OLD o : MI"E ROAD 13 SLIDli,G I"TO 1.:.0 3UILJU,G dECAUS": Or I,JADEQUATE ~~ 'I TREAT~E"T 0Y T,IE BUILDERS ~O~ A~~I~G FOR A VAnI~~CE Z< Li. FIGHT POLLUTIO" - IT3 UPOSSbL;:: TO SEE i'lUCH OF TflE :::>~, ZC)' ~~I ~..J E-4~ cnfol ~ ~ ~:;; r:~ ;.; ~'~ .., }'1 ~. {') '~ ;.1 , ~;: z o ....~ Z< ;:J~ Z~ ~~ ~...l 8~ w~ ~ ~ ::>< ~ ZC) ~~ ~...l ~~ wf-l ~ ~ z o "'::g Z< ::>.... I,:} U ^SPE\"~ ~OU~TAI~ AT THE ?~E3~NT RESPECTFULLY SUa~ITTLJ PATRICIA A ~ATKI~S TIi~E BiCAUSE OF OVER BUILDHG IN THIS AREA \, 1054141'; I;; U ASP EN T v \v U ASPEN tg~8~~~~g?~I;~t3B73A3. lPD 11/02/72 1113 ~~~CT~~I~~A=k DALLAS TiX~IOO 11:1 430P CST (' ITY-' OF ADJUSPk,H CARE CHAIRVA\i JOCJ" DUK"'S ,-oJ _ _ n l~d J j ,y n l~ ~ ASPEN COLO 51611 AS Ai; OW,JER OF A THIRD STORY APAiH'-'- . _.. , I W.OUL....D LIKE TO EXPRE('~ "Y '~U ' 'IC,>! hL:I,y THE JURANT CQ[>'DO!"I"U'1' I - ~I . '"'' I, r LL SUPPORT r-OR TI' - p" ';, ,. I',,, ,b, .J..',GU: DI.v~LLINGS OlJ THE E.'lST H _ ,- , " ,1"- ~OI'OSii:D PROJECT OF JlJbIO" ASPEr; COLORADO C/1SE #7,_~Lt Ur LO! ! 14A,\THOlvY ACRE.!S SU3- GAriJ~Y WEJEf~ ~ G4 1023A:"1 ~I.} U ASPii~ JAMES p, SCHADT US TURKEY HILL CIRCLE WESTPORT, CONNECTICUT oeeeo 203-2l!5Q_15!549 November 13, 1972 Aspen Planning & Zoning Commission Board of Adjustment Box Z Aspen, Colorado 81611 Att: Mr. John Dukes and Associated Committeemen Gentlemen: In response to Mr. Fred Hibberd, Jr.'s proposal for the use of Lots 14 and 15, I am writing as an owner of one of the Durant units (3D); and while I am in general agreement with Mr. Ulrich's letter to you of November 1. I have a specific concern about parking spaces. The Durant has only adequate parking spaces avail- able presently and none of the plans or applications I have seen have specifically set forth a diagram or any other specific provision for parking spaces which would be adequate for the additional number of dwellings which Mr. Hibberd proposes. particularly, with regard to the 16 units on Lot 14, parking spaces must be provided in front of the Durant units where there presently is not enough room. It is requested that Mr. Hibberd make specific pro- vision for his parking known to us and. that in any approval which you might make to his application, it is suggested that you also require an escrow account for the establishment of adequate parking facilities for all of the units which would ultimately be built on Lots 14 and 15. -2- The only other concern I have is that most of the land on Lot 14, to my knowledge, exceeds a 10% grade which does require a variance and I would be interested in what justification for building on such a steep grade would be accept- able to you in granting such a variance. Again, we are generally happy with Mr. Hibberd's proposal and in agreement with Mr. Ulrich's letter stating as much, but I am concerned about both the provision Mr. Hibberd makes for parking spaces and the basis upon which you could grant a variance for building on a steep grade which characterizes Lot 14. JPS /vc 11/13/72 Respectfully, ~ p,gdbf- James P. Schadt Owner Durant 3D cc: Mr. Paul Fisher Mr. Philip Moore Mr. Larry Ulrich ,'1Gi'lDVRA DVR 1-032787A305002 IO/31/7~ ICS IPMTBXF MTWN 03477 MGM TDMI ROCHESTER ZIP 81611 NY 107 10-31 I~~ Ma.-Igram western union II t/.' DON DUKES CHAIRMAN BD OF ADJUSTMENTS CITY HALL dOX Z ASPEN COLO 81611 REFERENCE CASE NUMBER 72-24 1 AM THE OWNER OF APARTMENT 102A LOCATED IN THE DURANT. I STRONGLY OPPOSE ANY CHANGE IN VARIANCE FROM 28 FEET TO THE REQUESTED 60 TO 120 FEET ON THE LAND ADJACENT TO MY APARTMENT. I BELIEVE THE PRECEDENT ESTABLISHED BY GRANTING NEW BUILDING HEIGHTS IS DEFINITELY NOT IN THE BEST LONG RANGE INTEREST OF THE CITY of ASPE N. APPROVAL WOULD OPEN A PANDORAS. aox FOR SIMILAR REQUEST FROMOTHER DEVELOPERS 1 URGE you TO DENY THIS REQUEST FOR CHANGE IN VARIANCE IRVING GERMANOW OWNER 102A THE DURANT ASPEN COLO 1546 EST MGMDVRA DVR rt - -. REESE DRUG STORES rt INCORPORATED HOME OFFICE & WAREHOUSE, 1907 CLEVELAND - GRANITE CITY, ILL, 62040 - PHONE, GL. 2-3134 BUYING HOURS, 9 10 12 Doily BELLEMORE VILLAGE SHOPPING CENTER EASTGATE PLAZA SHOPPING CENTER CAHOKIA PLAZA SHOPPING CENTER GRANITE CITY MADISON WOOD RIVER October 31, 1972 Mr. John Dukes, Chairman The City of Aspen Board of Adjustment Aspen, Colorado 81611 Dear Mr. Dukes: In regards to Mr. Hibberd's application for vari- ance, I believe that it should be denied. The area is already overbuilt and the addition of sixteen units would cause additional traffic and parking congestion. The parking facilities are already inadequate for the Durant and Fifth Avenue. It is also my opinion that the sixteen units scat- tered behind the Durant would cause a fire hazard, as it would be impossible to fight a fire on the slope in the trees. Sincerely yours, .---;::' "/ C-;~/0~ aim W. Reese Director, Durant CondominLum Association JWR:ps MONTICELLO PLAZA SHOPPING CENTER O'FALLON PLAZA SHOPPING CENTER Q'FALLON, MO. >. " EXCEPTIONAL ACCOMMOOATIONS .' AT THE FO_01F ;~PEN MTN . ~l> ,.r1 , CONOOMINIUM APARTMENTS 29 November, 1972 The City of Aspen Board of Adjustment City Hall Aspen, Colorado 81611 Rei Case No. 72-24 Fred Hibberd Gentlemen, As President of The Durant Condominium Association, represent- ing the owners of 29 units constructed on a portion of Lot 14, Anthony Acres Subdivision, I have been instructed to respect- fully request that the following items be considered by the Board in its deliberations on Case No. 72-24. Should the Board decide to grant the requested variance, we would strongly urge that the items listed be imposed as conditions on the grant of the variance so as to bind both the present and/or any future owner/developer of Lot 14. 1. Densitv - A maximum of 16 additional dwelling units may be constructed on the balance of the unimproved portion of Lot 14 thereby constituting a total of 45 dwelling units on all of Lot 14. The 16 additional units shall be free-standing, single family units and shall be sited substantially in conformance with the condominium survey and site plan submitted by the Applicant. Any significant deviation therefrom shall be approved by the Board follow- ing notification ot the surrounding property owners. 2. Soil Erosion and Storm Drainage - Prior to any construction, including excavation, the owner/deve'loper shall submit a detailed siltation and water retention plan. Such plan shall be subject to the review and prior approval of a registered civil engineer selected by the Durant Condominium Association. The plan shall provide for on-site silt re- tention during construction as well as storm drainage con- trol following completion of any and all improvements. Storm water run-off onto adjoining properties shall not exceed the quantity of run-off from the subject property in its present unimproved state. All storm drainage linea for the entire proposed addition shall be installed prior to the start of any construction and shall not run across, BOX 2108 ASPEN, COLORADO 81611 (303) 925.7910 '" ......"', .",.<.. Page - 2 - Case No. 72-24, Fred Hibberd through or over any part of the presently improved portion of Lot 14. 3. Protection of Adioining Slopes - Prior to the start of any construction, including excavation, the owner/developer shall submit a detailed slope protection and control plan. Such plan shall be subject to the review and prior approval of a registered civil engineer selected by the Durant Cond- minium Association. The plan shall provide for the proper construction, and repair if necessary, of all existing slope control measures presently installed on Lot 14 as well as future control measures. Such devices shall be installed in accordance with a schedule provided by the Durant engineer and in strict conformance with the speci- fied standards of construction and quality of materials. 4. Protection of Existing Ski Trail - The existing ski trail j ...,.~ running across the unimproved portion of Lot 14 shall be ~l\ brought up to acceptable safety standards as soon as pos- \;~t~ ' sible, protecteall during the period of construction and ~,~~ thereafter provided and maintained for the use and benefit ),1 of the owner/occupants of all of the dwelling units con- , structed on Lot 14 in its entirety. Utili~y Lines - All utility lines required to service any portion of the proposed construction on the balance of Lot 14 shall be installed underground prior to or during construction and shall not cross over, under or through any portion of the area of Lot 14 established for th3 existing condominium development (Durant Buildings A, B, C, and D). This shall also include any lines required for the fire protection of the proposed development. 6. Parking - Sufficient off-street parking for existing and proposed dwelling units on Lot 14 shall be maintained at all times, including during construction of the proposed additional units. Such parking areas shall comply with established municipal requirements and shall not be used for the storage of construction materials. At such time ~~as four (4) or more dwelling units are constructed on .'11 both Lots 14 and 15, over and above those already, .existing, parking facilities capable of meeting legal off-street . parking requirements for the completed construction of Lots 14 and 15 in their entirety (50 units) shall be con- structed. All underground parking facilities shall not exceed existing street grade adjacent to such facilities and the total parking area shall be completed and paved prior to the construction of the said four (4) or more additional dwelling units. 7. Setbacks - Any improvements constructed on Lot 14 shall be set back from the front street line so that the front ( ~ ,~~\ \,\J \ ~~~\I!/ . ,\{,,-,,~ ,J\\. ,,' \!.~~ () ,~~\ 5. .' ,';-.... ......... Page - 3 - Case No. 72-24. Fred Hibberd wall thereof does not exceed the front building line of the immediately adjoining structure on Lot 14 (Building A - Durant Condominium). The front building line of said aui1ding A shall be considered to be the chimney line closest to South Galena Street. 8. Trees and Shrubs - Wherever possible, existing trees on Lot 14 shall be preserved. A suitable planting schedule in connection with the proposed new construction on Lot 14 shall be prepared and reviewed with the Durant Condo- minium Association. Your concern for the interests of the surrounding property owners is greatly appreciated. The members of the Durant Condominium Association are cognizant of the property rights of others and feel that the balance of Lot 14 could be suitably developed provided adequate safeguards are imposed. We will be happy to furnish you with any additional information regarding our position on the matter. In the event it has not been done, a site visit by The Board will clearly illustrate our concerns - particularly with regard to the problems of soil erosion, storm drainage and slope protection. Respectfully submitted, DURANT CONDOMINIUM ASSOCIATION --.0 'y ~ ~ BYI f<--tv-v./ I~ Phillip R. oore, c/r-/f ./'> ~< President CCI Fred Hibberd rt - """' DRUG rt REESE STORES HOME OFFICE & WAREHOUSE, INCORPORATED 7It<, r! ~ it.,K! ~ ~ ~ ~-t. ~ ~) ~ cf).Q~ ~o-' ,,~~ k ~. 19 ..~e ~ I"V ~~. .;J , , ~'.(I) (d.-} (. g) ?-to ~~"(J s a..'" C 9) ~ ~ ~ 6-..- ~,..IJ~"""~d)...Ji-, (~~ ~ ~ ~' @~1tC, t.c- cu-lA. ~ ~ ~ 6.--". BELLEMORE VILLAGE SHOPPING CENTER EASTGATE PLAZA SHOPPING CENTER 1907 CLEVELAND - GRANITE CITY, ILL, 62040 - PHONE, GL. 2-3134 BUYING HOURS, 9 to 12 Daily CAHOKIA PLAZA SHOPPING CENTER GRANITE CITY MADISON WOOD RIVER MONTICELLO PLAZA SHOPPING CENTER O'FALLON PLAZA SHOPPING CENTER O'FALLON, MO. ~~ ~ ~k ~.4~"-0'* cv~ ::;~ /~ ~ ~ lL.~f ..f2-<<-;;: f.. ~ .......: ~d'~ c .R ~ .' {II tJ <.J "'7". R.c... ".~ ~~ 1-- ...,.. ft r4 J'W..l;:..., ~.' "'~ ~ ( (I \ GUv<- ~_'." . L ~~~~ Jr--... EXCEPTIONAL ACCOMMODATIONS \ AT THE FOOT OF ASPEN MTN. CONDOMINIUM APARTMENTS November 9, 1972 Mr. J obn Dukes P.O. Box 971 Aspen, Colorado Dear Mr. Dukes: The Board of Managers of the Durant Condominum Association formally requests a delay in the hearing of the Fred Hibberd application for a variance to the East 1/2 of Lot 14, Anthony Acres to December 7, 1972. The reason for this request is to give the Durant ovmers an opportunity to review the application at a meeting we have scheduled for November 25, 1972. As a result of this meeting we hope to negotiate with Mr. Hibbard a development on his property which is satisfactory to the Druant ovmers. It is impractical for us to change our ovmer meeting to an earlier date as most of those who will be in attendance live in distant locations. It would seem that this delay would pose no undue hardship on Mr. Hibbard in that winter is upon us. Sincerely, 'f2~ R 01( ~ Cd. Q Philip R. Moore President Durant Condominum Assn. BOX 2108 ASPEN, COLORADO 81611 1303) 925.7910 November 1, 1972 Aspen Planning and 20ning Commission Board of Adjustment Box 2 Aspen, Colorado 81611 Attention: Mr. John Dukes and Associated Committeemen Gentlemen: Thank you for the opportlDlity to present some of the views of property owners surrolDld- ing the site of the proposed Hibberd zoning height variance request last week. At your suggestion, we subsequently met with Mr. Hibberd who has agreed to withdraw the height variance request in view of the many objections, and considerable esthetic and economic hardship it would cause to the property owners on the three sides ad- joining the proposed construction site. Mr. Hibberd then presented an overall development plan for the entire property (including the hillside above the Durant Apartments) and he has agreed to the following; 1) To build an apartment structure on Lot 15 (the site for which the zoning height variance was requested), in conformity with the 28-foot height limitation, i.e. it would be approximately the height of the present "Coquille" structure located on that property, and would include adequate parking for the apartment itself as well as the required spaces for the Durant lDlitS. The apartment would be developed in a manner which would preserve as many trees as possible, and the proposed tramway on this site, from Galena Street to the Old Mining Road above the Durant, would be eliminated. 2) Mr. Hibberd has agreed to limit the development of the area above the present Durant Buildings, which he owns, to approximately 16 private residences, of no more than two-story height, in lieu of his earlier plan to develop this area with several large apartment houses similar to the Durant. We concur wholeheartedly with Mr. Hibberd's willingness to abandon his earlier plan to build Durant-type apartments and substitute a few, small, lDlobtrusive, private residences on this property, to be built over a span of several years. It is the opinion of the lDldersigned, speaking in behalf of ourselves, Mrs. Billie Howell, and several other adjoining property owners with whom we have discussed Mr. Hibberd's new proposal, that his proposed revised plan as outlined above would be a credit to the entire area. If Mr. Hibberd maintains the excellent quality of construc- tion and design which he established at the Durant, a low density, well designed, quality residential area would constitute, in our opinion, the best possible use of the land which Mr. Hibberd owns above the old road on the hillside behind the present Durant Buildings. We accordingly endorse his proposal fully, provided the plan is adhered to as set forth by Mr. Hibberd to us and as outlined herein. p:;J034 /.;..... -~. ... 506 DENVER CENTER BUILDING j GEORGE G. ANDERMAN 1776 LINCOLN STREET DENVER, COLORADO 80203 TELEPHONE (303) 222-7924 October 31, 1972 Aspen Board of Adjustment City Hall Aspen, Colorado Attention: Mr, John Deikes Chairman Gentlemen: We approve Fred Hibberd's proposed variance as it affects the E/2 of Lot 14, Anthony Acres Subdivision, As we understand this request, he is asking height variance in order to build sixteen separate condominium dwellings not more than two stories high or 18 feet above ground level, We understand these buildings will be approximately 1500 square feet, or less, in total size. Should his request vary in any respect from our understanding of it, as outlined above, we would like to be so informed and be given time to reconsider. Very truly yours, (7 -p t, ,4--&. George G, Anderman GGA:m1 cc: Mr, & Mrs, Stirling A. Colgate 1201 Olive Lane Socorro, New Mexico 87801 Mr, Maxwell A1ey p, O. Box 600 Aspen, Colorado Mr, Fred Hibberd 1127 Race Street Denver, Colorado 80206 ~MANO -SIMON MAC INE CO., INC. ASSOCIATE COMPANIES Manufacturers of G-S FlEXO Crystal Fitting Machines. Crystols for Watches, Clocks, Gauges, Instruments ASSOCIATE COMPANIES TEl.TRU MANUFACTURING CO. . ROCHESTER, N. Y. INDUSTRIAL AND HOUSEHOLD THERMOMETERS. CUTlERY, KITCHEN AND BAil-liE-QUE TOOLS ~ CAST OPTICS CORP. . HACKENSACK, N. J. RIGID ACRYLIC PLASTIC SHEEtS fOR SIGNS, AIRCRAfT BOAlS, INDUSTRY HARVEY MANUfACTURING CO. . tONG ISLAND CITY, N. Y. BUTTERflY OlE flUNG MACHINES AND SURFACE GRINDERS fOR MACHINE. TOOL AND DIE SHOPS. AND INDUSTRIAL PRODUCTION ESTABLISHED 1916 HUB MACHINE CO. . ROCHESTER, N. Y. PRECISION BAll BEARING WHEEL HUBS FOR RACING SULKIES, FARM CARTS p, 0, BOX 1091 408 ST. PAUL ST,. ROCHESTER, N, y, 14605 U.S,A. MAIN OFFICE FOR ALL SUBSIDIARIES (716) 232.1440 (/' COPY OF TELEGRAM SENT TO YOU OCTOBER 31, 1972 Mr. John Dukes- Chairman Board of Adjustments City Ha11- Box Z Aspen, Colo. 81611 Reference- Case 1/72-24 I am the owner of Apt. 102A located in The Durant. I strongly oppose any change in variance from 28 ft. to the requested 60 to 120 ft. on the land adjacent to my apartment. I believe the precedent established by granting netv Building heights is definitely not in the best long range interests of the City of Aspen. Approval would open a Pandoras' Box for similar requests from other developers. I urge you to deny this request for change in variance. Irving C,ermanow-CMner 10n The Durant Aspen, Colo. _ ___.__,_"_~--,-~~,,_.-<.,, .__.'..____^"'_.._H.____ L/"'/ ~ Medical Accounting Service 9513 EAST ARAPAHOE ROAD. ENGLEWOOD, COLORADO 80110 AREA CODE 303 PHONE 771_67:30 City of Aspen Board of Adjustment Aspen, Colorado 81611 Subject: Fred Hibbard request for variance on the east 1/2 of Lot 14, Anthony Acres subdivision for 16 one family dwellings. Dear Sirs: I am totally opposed to Mr. Hibbards variance request. I am an owner in the adjacent Durant condominium. My reasons are as follows. 1. Drastic reduction or complete elimination of open space. Development of the mountainside will effect the entire city of Aspen as well as Durant condominium owners. The beautiful mountainside, visible from much of the city, is in danger of becoming an eye sore. 2. Congestion _ This part of Aspen is already fully or overly de- veloped. Further development on the mountainside will add significantly to this problem. 3. Parking _ One of the biggest broblems of all. There is not adequate parking at the present time. Almost 1/2 of the Durants present parking spaces are on city property. The only possible solution to this pro- blem is a two level parking structure and even this would not provide sufficient parking to meet the code unless the city of Aspen would give Mr. Hibbard some of Galena Street. 4. Fire protection _ Development of the mountainside with no roads would make adequate fire protection impossible. Not only would this effect the proposed dwellings but would also seriously jeopardize our property in case of fire. 5. Purpose of Zoning _ Zoning ordinances are an intrical part of Aspen and vitally important to its controlled growth. I feel variances to this zoning should not be granted when such a variance destroys the very purpose of the ordinance. Aspens zoning is specifically designed to stop this kind of development. Thank you ~r your a;tention. ~~N~, Sumner Downing \,~ 202A Durant Condominium I ,.., --- H, GREGORY AUSTIN 500 EQUITABLE BUILDING DENVER, COLORADO 80202 October 31, 1972 The City of Aspen Board of Adjustment P. O. Box 694 Aspen, Colorado 81611 Objection to proposed zoning variance Case No. 72-24 Hearing Date November 2, 1972 Property Description - E! Lot 14, Anthony Acres Gentlemen: I received in the mails on October 30, 1972, a Notice of Public Hearing concerning the above referenced case. I am the sole owner of Lot 5, Tipple Woods subdivision. While I am not familiar with the plans for the buildings proposed on the subject property, it seems that, unless revised, the proposed variance would permit construction of structures which would substantially impair the view from my property, would adversely affect the character of the area, and would substantially and adversely affect the value of my property, Mr, Hibberd, the applicant, has represented to me and to other owners of adjoining premises that the variance requested is to permit the construction of 16 unattached units of two stories each. However, the description of the proposed exception in the application, to the effect that the owner wishes ", , , to build 16 condominium units as separate dwellings. . , ,", is not sufficiently exact to limit the owner to building 16 separate, unattached structures. Indeed, the use of the word "condominium" implies that the units will be joined in some fashion. A forced reading of the proposed language would permit a 120' high structure, so long as the top story was set back into the hill and not more than 18' above grade at some point. The description of the pro- posed exception stating that "Each dwelling will vary from 14' to 18' above the sloping ground level. , , ." is not sufficiently descriptive to define the point at which the ground level or the height of the building is measured. My objection to the proposed zoning variance will be withdrawn if the language of the variance is sufficiently precise to provide only that 16 separate, unattached structures containing a single one-family unit each will be permitted, and that the highest point on each structure will not exceed 18' in height above the average The City of Aspen October 31, 1972 Page Two of the highest and lowest ground elevation of the site under- lying the structure. In light of the existing high density of development of the area concerned, the desirability of maintaining an attractive setting at the base of Aspen's primary skiing area, and other existing problems, I can see no justification for granting of the variance unless the language of it is revised to clarify the restrictions within which the owner may build, Mr. Hibberd has had numerous requests for variances before your board, and your board has been generous in granting variances to Mr. Hibberd on other occasions, I would urge that you give full consideration to the economic and esthetic values of other property owners at this time. HGA: j b yours, cc: Mr. Fred Hibberd ~ , ........ -, ~ western uniDn-- ~ ,f '. , , TelC23 z o ....~ z< ::J~ zc ~~ ~~ E-c~ rnE-c ~ ~ z o ....~ z< ::J~ zc ~~ ~~ E-c~ rnE-c ~ ~ z o ....~ z< p~ ZC ~~ ~~ E-c~ rnE-c ~ ~ z o ....~ z< ::J~ zc ~~ ~~ E-c~ rnE-c ~ ~ z o ....~ z< ::J~ zc ~~ ~...l E-c~ rnE-c ~ ~ \ ~ -~ ( J-31 442i-' CST PMS CITY OF A~. ~ BOARD OF ADJUSTMENT DLR DONT PHONE CITY COUNCIL CHAMBERS CITY HALL ASP Ei', ,H ALL ASPEN COLI) JUST RECEIVED YOUR NOTICE OF CASE NUMBER 72-24 TIME DOES NOT PERMIT EXTENSIVE CORROSPONDENCE I OBJECT MOST EMPHATICALLY TO HEIGHTS VARIANCE REQUESTED ON PROPOSED CONDOMENUM AT 712 S GALENA STREET CONSTRUCTION WOULD CONSTITUTE NUISANCE TO ALL EXISTING STRUCTURES ABOVE IT I NOT ONLY OBJECT EMPHATICALL? TO THE STRUCTURE I OBJECT JUST AS EMPHATICALLY TO ANYTHING FRED SHIBBERD MIGHT BE INVOLVED Ii, IVE DONE aUsr;;ESS \nTH HIM BBEFORE I OWN A FIVE BEDROOM CONDOMENUMM IN DURANT LEONARD 3 SAX 731AXXX 731P MST W U ASPEN ~