HomeMy WebLinkAboutlanduse case.boa.SW-Corner-Alps.009-71
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APPEAL TO BOA~D OF ZONING ADJUSTI'~NT
City of Aspen
Date fYJAt 11-, Iq '7 L . Case No..
AppellantAw€1J G~$m()cilw (dfAdc~ress Be'')' e:t: 'lJS"eN J 4,ClC ,
OwnerGeb~6 ~ mile/feLL Address_4o'LL ONS ~eU... ?~AGA
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Location of PropertY_~tl\J-rH -\V/'?'s-r (:OIJJJ~V2.- C?F WJ <t Y Ct.-M'" (ASPt'ill AL'f'~.J
. (Street & Number or Subdivision Block & Lot No.
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Building Fe-rn,it application and prints or any other pertinent
cata must accowpany this application, and will be ~a0e a part of
Case No.
The Boarj will return this application if it coes not contain all
the facts in question.
Description o~ proposed exception showing justification:
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Signee: /Z<I'/3t:Jr1,tv. C.J-.HYG". Gmv. Yhb/l.
Appellant .
_ _ I'rovisions of the zoninG orc1inance reruiring th~ Builc'ing Inspi"ctor
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Status Signed .~ ~
P~rmit rejf'ctec1 date Df:cision Date)
Application ale,:' Date 0:[ Hraring
Nailec'
Secretary
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.""UCT'O. COlIPOR:;'ON P. O. 'OX 12 . ASPEN . COlD""OO . '1611 . AC 303 . 925.722'
May 12, 1971
Description of proposed exception showing justification:
Buildings 300, 400, 500 and 700 at the Aspen Alps were
issued variances in height (see attached sheets) due to
the topography of the land and also due to the fact that
the height variance would not interfere with any of the
view of the neighbors. We contend that this is still
true for this request.
Due to the extreme slope of the terrain, we contend
that a hardship is imposed on the owner and that the
height should be measured from the existing grade in
lieu of from the center line of any public road,
since there are none in the immediate area.
Robert W. Cline
General Manager
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Description of proposed exception showing justification:
1. ProJ')osed 2' buildin!l: hei!l:ht variance.
Buildings 300.400. and 500 of Aspen Alps Sbuth were built under a
2' 0" height variance issured by Pitkin County Board of Adjustment
December 28, 1964. A copy of the minutes of that meeting are attached
hereto.
This variance was issued by virtue of the fact that the ac1ditional
2' '0" height would not interfere with any of the neighbors in the
area nor would it alter the view in any way. It was also pointed
out that with this type of compact building less natural vegetation
would be disturbed and the buildings would blend in with their
surroundings.. The variance was issued on a total of forty units.
The ultimate plan of which buildings 300, 400 and 500 make up
twenty four units and Aspen Alps iJ:4 an additional eleven units
making a total of tbirty five units of the original forty unit
total plan.
It is our contention that nothing >>as been altered in our original
planning of the area and that tbe Aspen Alps 14 building is only a
part of this original planning. For the above reasOl\s we believe a
2' 0" height variance should be granted.
2. WideninR: of existinR: orivate roa4 to ASJ')en A1J')s 300. 400 and
500 buildin1ts.
After careful research into the various sections of the Title XI
Zoning Code of the City of Aspen we cannot find any section which
gives the Planning and Zoning Board the authority to regulate pr6vate
roads or their design. We therefore submit that they were not
within their legal right to reject these plans on the basis of
how one or two member. personally felt about the dea1gu of a private
road on private property.
The point in question i8 a 14' 0" width on the 80u&h end of building
#400 (see attached plan of private road). This width is due to the
fact that the slope of the mountain on the west side of the road at
this point is approximately 60. and it is impossible to get much more
width without having extensive retaining walls at that point. We
do wish to cooperate however. and to arrive at a solution to the
problem Mr. Rodger Mahnke. City Engineer, and I visited the questioned
spot and both agreed that no more than 24" or so could be picked up
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in width without extensive retaining walls. We are willing to widen
the road at the questioned point. if pOSsible, without going to .'
retaining wall otber than tbe approximately 4' rock wallllow
existing. "
We will guarantee you that "no parking" signs will be put in this
area and maintained to aSS~Je passage of emergency vehicles at all
times. '
i, .. C ..t""'~ eorp.
C)J LlL'UO uull ,
Ro ert W. Cline
Genera,l Manaier
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NOTICE OF PUBLIC HEARING
Case No. 7/- '1
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENI
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 Pllblic 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: May 20, 1971
Time: 5 :00 p.m.
Name and Address of Applicant for Variance:
Name: Aspen Construction Corporation (George P. Mitchell)
Address: P. O. Box ZZ, Aspen, Colorado
Location or description of property:
Location: South-west Corner of M & Y Claim (Aspen Alps)
Description:
Variance requested: Application is made for building permit to build a
single family dwelling. The proposed building will be built 200
to 300 feet above Ute Avenue reference point. The maximum permitted
height of building is 28 feet.
Duration of Variance: (Please cross out one)
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Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENI
BY C::A~J';d'''1jfj/" /
Chairman 'cY~
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APPEAL TO BOARD OF ZONING ADJUtMENT
, For The City of Aspen
Date ___OecemP~i._~1._J.9,9-4.______
Case No.________
Appellant _ __H.-..A. _Bornef.aLd. _ J r ~ __ _ __________ Address . J l.:th_L tQ<?L!:I~u_!!.!.~_9J~.b__~L~~h_!i~~_s_ton
Owner _G.P~MUchall.._H.AJ3ornejaLd.__________ Address 12th..ElQQr_I:l.o~tQI1J:;l!1!UR\lg..J:i9.!1.?_ton
Location of Property - - -attaclHld-- ~!la-l--desGF~p:t~{)1l--- - ------ --------- ----~------- ____n______ -----
(Street and Number of Subdivision Block and Lot Number)
Building permit application and prints or any other pertinent data must accompany this application, and will be made
a part of
The Board wiil return this application if it does not contain all the facts in question.
Description of proposed. exception showing justification:
Because of the steep terrain and high priced land, the only way to JustIfy an apart-
_ment project Is to achieve a density of at least ten units per acre (there are
p,...e. abOliT:t.Oill" acres and we are proposing f.ouOy..J,lnl!s). To hold the height to one
and two story units would cover virtually all the property In the manner of Shadow
Mountain Village and destroy most of the natural growth. By building four story
units Into the hillside (two stories showing on the uphill side) a reasonable amount
of open space can b& provided and many trees and shrubs can be retained. We
are asking permission ,to exoeedthe height limit by approximately six feet.
Signed
Appellant
Provisions of the zoning ordinance requiring the building inspector to forward this application to the Board of Adjust-
ment and reason for not granting Permit.
Section IX which requires average, helg~ts not to exceed 25 feet.
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Status
Date ____________________
Building Permit No. ________ Date ___________________ Decision
Date this application filed __________________________ See attached letter
Notice of h,earing _________________________________Dated _____________h___
Advertised on _______________________________~____
'Date of hearing _________h________________________ "________,_____h_____________~__________________
Sacretary
Notice mailed
Attach Other Information
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'fIlE PITKIN COUNTY BOARD OF ADJUSTM&NT
llinutes of the Decercber 28, 1964 Keeting
On December 28, 1964 The Pitkin County BOard of Adjustment met to hear an
appGal for a variance filed by H. H. Bornefeldt, Jr.
Present were Board members Virgil Gould, William MaBon, &igar stanton Jr., and
Henry L. Stein.
Mr. Benedict, architect for the project presented the case for the variance
stating that the proposed building would have a sloped roof that would exceed
the height limit by 2 feet. He also pointed out that a flat roof would come
within the limits but would not look as well nor be as practical. He went on
to point out that the roo! in either case would not interfere with any
neighbors in the area nor alter the view in any wq.
Opposing the appeal were Dean Billings, Stanford Johnson, and Ralph Jaokson.
K.N.C.B. Moore was in favor of granting the appeal. From the remaning siX
who were notified no word was received.
After hearing arguments from both sides the chair polled the board. The opinion
was unanimous that the variance be granted and the Board asked the appelant
to adhere to the plans as shown in the matter of density and area planning.
The Building Inspeotor is instructed therefore to issue a permit to H. H.
Bornefeldt, Jr. as agent and owner of ,the Aspen Alps, with permission to
exceed the height limit by t~'
PITKIN COUNTY BOARD OF ADJUSTMENT
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RECORD 0:=
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100 LB3.VeS
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Regular Meeting
Aspen Board of Adjustment
May 17, 1968
Meeting was called to order at 5:05 p.m. with the following members
present:
Chairman Irwin Harland
Francis Whitaker
Heather Tharp
Steen Gantzel'
Donald Swales
CASE NO. 68-7 - Aspen Alps
Chairman Harland read the particulars of the hearing for a height variance
of 2' at the Aspen Alps.
Letter from Robert Cline showing justification for the variance was read
by Chairman Harland.
Chairman Harland reported the Board of Adjustment does not have jurisdiction
over the road which was mentio,ned in the letter, this should be taken' up ,
with the City Council.
Attorney Clinton Stewart representing the Aspen Alps reported the Alps had
previously been granted a variance based on the original plans providing
for consideration of a totla of 5 buildings. Original variance was
granted to the Alps by'the County in 1965. Sketches of the building were
submitted.
Requesting the variance from the City under the original plan.
Chairman Harland asked if there were any comments, by the Commission or from
the people present.
No correspondence submitted against this variance.
Mr. Billings was present and stated he was against this because the last
time they built they changed the grade and went higher than the variance
granted.
Discussed how the height is computed.
Gantze1 made a motion to take action today on this case. Seconded by
Whitaker. All in favor, motion carried.
Gantzel made a motion the Board of Adjustment finds under Section 11-1-9(e)
that a hardship exists, therefore, grants a variance under Section 11-1-12
4, a,b,d and e, slope to be measured within the confines of the perimeter
of the building. Seconded by Tharp. Roll call vote - Swales aye;
hitaker aye; Tharp aye; Gantzel aye; Harland aye.
CASE NO. 68-5 A & B - Tippler
Pm~"-iculars of the hearing relating to Case #68-5 A were read by Cb'J.irman'
Har' ,,:,-d for a 1-.eight variance for z c.up:, ex , located behind the ,lresent
Tipple ~
P.tt("'\~'~'rir?'T f"~-~arlAs Jj';.:;; dt was ~';A~:,> ~~-
'~-.0S0~ting the applicant.
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APPEAL TO BOAR) OF ZOKING ADJUSTMEN"f
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City of Aspen
County of Pitkin
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D,ate
May 7, 1968
Case No.
Appellant Aspen Construction Corp. Address P.O. Box ZZ. Aspen. Colorado
Owner Same Address 'Same
parcel in South-east corner of M & Y claim.
Location of Property see' Plot Plan sheet #1 of Dlans
(Street & Number of Subdivision Block & Lot number
,BuildiilgPermit application and prints or any other pertinent data must
accompany ,this application, and will be made a part of Case }lo.
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The Board will return this application if it does ~ot contain'all the
facts in question.
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Descrip~ion of proposed exception showing justification:
'," See attached sheets
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Signed
~AsP~s,~t1on Corp.
fa {f(( L ~1.-U '
ert w. l,,-1.a
Genord lfana3er
Appellant
Provisions of the zoning ordinance requ~r~ng the Building Inspector
. ,to forward this applicati<<?n' to the Board ,of Adjustment and reason for
" not granting permit.
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Signed
Status
Permit rejected date
ADDlication filed
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Hailed
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, Decision
Dcte of Hearing
Date
SIi:Cl"eta:.:y
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List of Adjoining Property OWners
Pitkin County
Board of County COllllDissioners
P.O. Box 1
Aspen. Colorado
Aspen Ski Corp.
c/o Mr. D.lt.C. Brown
P.O. Box 1248
Aspen. Colorado
Spar Consolidated Mines Company
c/o Mr. D.lt.C. Brown
P.O. Box 1248
Aspen. Colorado
Rcl4k.1 UlNIlt!aia laav03.
e4~~de18, ~818ra~Q
Smuggler-Durant Mining Co.
c/o Eva B. Baxter. Secretary
Suite 1101
Four West 58tb Street
New York 19. New York
George P. Mitcbell
B.A. Bornefeld. Jr.
848 Heu,'. ~1\l1r 'SoJ1HiDg .tyCJ2:I {Me S~e# ?/t1:Z<<...
Bouatou. Texas 77002
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POST OFFICE DEPARTMENT
(" "IFICATE OF MAILING
Received nom:
City of Aspen
P. O. Box V
Aspen. Colorado
One piece of ordinary mail addressed to:
Smuggler-Durant Minin~ c'nmp"ny
r/n F"" R R"xrpr ~l1irp 1101
Four West 58th Street, N.Y, N. Y., 19
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE. - POSTMASTER
~~~.f~:~33817 "GPOI9t3 0' 712-U5
POST OFFICE DEPARTMENT
(' 'IFICATE OF MAILING
Received From:
City of Aspen
P. O. Box V
Aspen. Colorado
One piece of ordinary mail addressed to:
~Q'(..N. Co .--
<eIfox , \~
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post~,d \ .,rll
postm'f,l\tl I~
George P. Mitchell
H A Rnrnpfp1rl, Tr
4022 One Shell Plaza, Houston,Texas
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE
FOR INSURANCE. POSTMASTER
~~~.f~:~3 3817
POST OFFICE DEPARTMENT
CE 'ICATE OF MAILING
Received From:
City of Aspen
P. O. Box V
Aspen, Colorado
One piece of ordinary mail addressed to:
"GPot9t3 0' 7ta-U5
Spar Consolidated Mines
(i),/J 4 /..?</J7
Aspen, Colorado
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE. - POSTMAmR
~~~.F~:~3 3817 " GPO 1913 0' 712-8n
POST OffiCE DfPARTMENT
C 'IFICATE OF MAILING
Received From:
City of Aspen
P. O. Box V
Aspen, Colorado
One piece of ordinary mail addressed to:
The Aspen
Skiing
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P 0 Rnx
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Corporation
Aspen. Colorado
MAY BE USED fOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE. - POSTMASTER
~~~.~:~3 3817
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POST OFFICE DEPARTMENT
'IFICATE OF MAILING
Received From:
City of A~ppn/
P. O. Box 'l
Aspen, c'n1nr"nn
One piece of ordinary mail addressed to:
" GPO tll3 ,0'-112-U5
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Pitkin County
Board of County Commissiongrs
P. O. Box I Aspen. Colorado
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE
FOR INSURANCE. - POSTMASTER
~~.F~:~3 3817
"GPOUU,0'-112-U5