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NOTICE OF PUBLIC HEARING
Case No. 72 - 25
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:
Time:
November 16, 1972
3:00 p.m. City Council Chambers, City Hall
Name and Address of Applicant for Variance:
Name: Aspen Arcades Company (Charles F. Murphy, Jr; Sarah Dunham: David
Address: Southeast corner Galena & Hyman Streets Michael; Jerry Michea1)
Box N-3, Aspen, Colo.
Location or description of property:
Location: Aspen Arcades Company
Description: Southeast corner Galena ~ Hyman Streets
Variance requested:
Duration of Variance: (Please cross out one)
Temporary
Permanent
:: CITY OF AS~u:2 ~ ADJUSnmNr
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APPEAL TO BOARD OF ZONING ADJUSTMENT
CITY OF ASPEN
Date November 1, 1972
Case No.
. Appellant Aspen Arcades Company
Charles F. Murphy, Jr.
Sarah Dunham
David Michael
Jerry IVllcnael
Address
304 ~o C*()"\~Ov
SfHf~1:cl8a(h~I~"~" ~~IQRa BRs IIv'llan
Owner
Address
c/o Doremus/Fleisher Co., Manager
p.o. Box N-3
Asoen. Colorado 81 611
Location of Property Lots A, B, C, and D, Block 95
(Street & Number of Subdivision Block & 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.
7.;J.-:J//
The Board will return this application if it does not contain all the
facts in question.
Description of proposed exception showing justification:
Refer to "Exhibit A", architectural drawing, and "Exhibit B", written presentation.
Signed~~~
App t
Doremus/Fleisher Company, Mgr.
By, Donald J. Fleisher
provisions of the Zoning Ordinance requ~r~ng the Building Inspector
to forward this application to the Board of Adjustment and reason
for not granting permit.
APPLICATION IS MADE FOR A BUILDING PERMIT TO BUILD A SECOND STORY
ADDITI~N TO THE ASPEN ARCADES BUILDING. THE ASPEN ARCADES BUILDING IS
NON_CONFORMING. A NON-CONFORMING USE OF LAND OR OF A BUILDING OR ANY PORTION
THEREOF SHALL NOT BE EXTENDED. Sec. 2t\l);l(e) ~
CHIEF BUILDING INSPECTOR U~ _ ~.....~
Status ~g e J
Permit rejected date
Decision
Date
Application filed
Date of Hearing
Mailed
Secretary
....,
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the doremus/fleisher company
November 3,1972
Mr. Clayton C. Meyring
Building Inspector, City of Aspen
P .0 . Box V
Aspen, Colorado 81611
Dear Mr. Meyring:
Enclosed is our application for a variance to construct an extension on the
Aspen Arcades Building. The legal description of the property is Lots A,
B, C and D, of Block 95, City and Townsite of Aspen.
The following is a list of the adjacent property owners:
Building
Owner
Location
Eagles Lodge
Board of Trustees
Part of Lots J,
K, L, & M,
Block 95
Aspen Block Building Fleisher/Cox
Properties
Lots H & I,
Block 89
Elk's Building
Lots J, K, & L,
Block 88
Trustees,
Lodge #224
Golconda
Walter Stroud
Lots M & N,
Block 88
Little Annie's
Dick Fitzgerald
and Nick Gust
Lot E,
Block 95
The following is a summary of our request for a variance:
Address
c/o Don Newbury
Sec retary
P.O. Box 196
Aspen
P.O. Box 2630
Aspen
P.0.Box327
Aspen
P.O. Box 627
Aspen
c/o Dave Topol
P.O. Box 4069
Aspen
1) The reasons and purposes for requesting this variance are not the result
of the actions of the Appellant. The Aspen Arcade Building was initially
post office box n-3/aspen. colorado 81611/303 925-2122
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Mr. Clayton C. Meyring
November 3,1972
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constructed during the early years of Aspen's history and later remodeled and
restored. At the time of both the initial construction and the later remodeling
the present zoning ordinance was not yet in affect.
2) Special circumstances apply to the Aspen Arcades Building that do not
apply to similar buildings in the same vicinity and zone. Many Victorians,
i.e. The Roaring Fork Building, The Elk's Building, The Opera House, and
The Independence Building, were constructed with full basements and as many
as three additional stories. The building to land ratio in each of these instances
is substantially four to one (4 - 1). It just happened that the Aspen Arcade
Bui Iding was constructed on primarily one level.
The first desire of the owners is to preserve the historical nature of the building
rather than replace the building with a new, modern structure that would qualify
for the maximum allowable floor space per land ratio. The plans for the extension
will enhance, not interfere with, the character and design of this historical
structure.
The extension is for only part of the building. It does not include the Cowen-
hoven Building occupied by the Ute City Banque, or that portion above Pitkin
County Dry Goods which is already developed on two levels.
In addition, the amount of newly developed space will be substantially less than
that of the Aspen Block Building which is fully developed on two levels and
includes a usable basement under most of the existing structure.
3) The granting of the variance is essential if the owners are to enjoy a sub-
stantial property right enjoyed by other property owners in the same vicinity
and zone, but presently denied the Aspen Arcade Building.
Of the 12,000 square feet of land there are only 500 square feet of usable base-
ment and a second floor that includes an additional 1 ,900 square feet. The total
existing square feet of building including the 11,280 square feet of ground floor
space is only 13,780 square feet. Therefore the total space when completed
wi II be 16,780 square feet which is both 33/'o and 10,200 square feet less than
what is allowed in its zoned area .
4) The owners of the Aspen Arcades Building are not aware of any way this
variance will adversely effect the general purposes of the comprehensive general
plan.
Yours truly,
Aspen Arcade Building
Doremus/Fleisher Co., Manager
Don~f~