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HomeMy WebLinkAboutminutes.boa.19920709 CITY OF ASPEN BOARD OF ADJUSTMENT JULY 9, 1992 4:00 P.M. CITY COUNCIL CHAMBERS A G E N D A I. CALL TO ORDER MINUTES June 8, June 25 and July 1, 1992 II. CASE #92-9 SAVANAH LIMITED PARTNERSHIP III. CASE #92-8 ROBERT FINK (Continued from July 1, 1992), IV. CASE #92-7 WALT HARRIS RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT JULY 9, 1992 Chairman Remo Lavagnino called meeting to order at 4 : OOpm. Answering roll call were Ron Erickson, Bill Martin, Charlie Paterson, Rick Head, and Remo Lavagnino. Anne Austin was excused. CASE #92-9 SAVANAH LIMITED PARTNERSHIP Perry Harvey, representative for applicant: We are requesting a temporary use approval under Ord #69 Series of 1990. He presented the affidavit of posting and of mailing. (attached in record) There was discussion among the Board members as to proper posting of the property. Remo asked for comment from the public. Mrs. Barbee said she had seen and read the posting sign and had kept putting it back up. Dave Myler stated he felt proper posting had been done. Decision was made by the Board to accept the posting as having been adequate in view of the number of neighbors who were in attendance and get on with solving the parking problem. Perry Harvey, representative for the applicant: What we are experiencing with the Ritz Carlton is a certain overflow of day workers parking in the area around the hotel. There are a lot of small lodges in the area and no posted timed parking. These workers come to work at 6: 30 in the morning and they are taking the spaces for parking. It is perfectly legal for them to be there but they are there throughout the day and it is creating an incon- venience, at the very least, for many of the small lodges in that area now that their summer guests are arriving and they are looking for places to park. We own the property on Aspen Street and there are 2 parcels that we are requesting a temporary use for in order to park construction worker's vehicles. The first of those is actually a parking lot on Aspen Street which is used under a lease agreement by the Ski Co. all winter for parking. And the City Administration said "Well it is a parking lot in the winter but it is not in the summer so you need a temporary use to do that" . That would be the primary parcel that we would use. If we need it during certain times I would also like a temporary use approval to use the block of land on Aspen which is to the north of that parking lot which is just to the south of the Lift One Condominiums. In examining this problem or issue we looked at what could we use that for in order to free up perhaps some of the other areas for parking. We could use it for temporary storage of construction materials. But then throughout the day you are going to have front end loaders going over there to pick up whatever--taking it back. And it requires fencing to secure the area. Then if we did that we could move that over there and use what is now what is supposed to be the ice rink site for parking. We are using that for staging. It is much more convenient and much less impacting. It only impacts our property. We looked at the Buttermilk lot and a shuttle bus. We looked at the parking garage and a pass that would require workers to get a pass and there is no way we could really police that. They are allowed to park on the streets and a great many of these people have tools and lunch box in their car. By having this parking as convenient as it can be we feel we can encourage the use of that property to free up the parking in the neighborhood and to accommodate the cars and the community. We would like this through a date certain of October 15. Rick asked for clarification regarding the use of the lots. Harvey: The smaller portion of the first one is a parking lot and will accommodate 35 cars. Actually it is a tennis court but it is used as a parking lot. Then the area down below that would be an overflow area as needed. We have different trades coming in and for a ten day period I may have another 20 cars or 15 cars and then may need that. I think I need them both. The tennis lot is the one we would use most intensely. It is buffered from almost everything around it. Drueding: Reading from memo. Staff supports this variance as it is a means of eliminating on-street parking problem needed for the construction of the Ritz Carlton Hotel. The staff notes that specific Section 10-104 (2) specifically addresses issues such as a need for construction staging and construction automobiles. Some of the concerns of the staff that the applicant should address are dust control, tracking mud onto the public street, hours of use, noise, number of vehicles and to keep in mind that this is a temporary situation. Harvey: We have the Grand Aspen Hotel built for construction workers and there is a lot that accommodates 57 cars on the west side of the hotel. What I would like to do would be to move some of those vehicles that belong to people who are in the hotel so that there wouldn't be a lot of activity going in and out. They might store their car there for 4 days and then take it to Denver for a week end. Then I could use the lot next to the Grand for daily parking which is a more intensive use. That is the way I would like to set it up if I can get PCL to control their people to that extent. Otherwise it would probably the workers come to work at 7 : 00 and they are working till 6: 30. Remo: The Zoning Dept is interested in lighting, access location signs. Are you prepared to address those. Harvey: I don't have a complete plan for the use of this. Obviously the one parking area has an access off of Aspen Street. The rest of it is a tennis court with fencing so the access I hadn't planned on doing any lighting. I don't know that that would be required. I would recommend I work with either Bill or City staff at the time that we go in to put some cars in that lower portion in terms of access and signage and control on the rest of those items. Ron: I remember you coming before us a couple of years ago and getting permission to stage construction equipment and stuff like that on those lots didn't you? Harvey: We came and asked for construction staging but we never really used it for that. Ron: But you got permission to do so. Harvey: On that lower portion. Ron: I think you did too. I remember that you had permission to store construction materials over there because it was one block from the Ritz site and would be coming up and down Dean Street. It has gotten overgrown and everything like that. It is not flat like the other parking lot. I don't know what you are going to have to do specifically to this block to make a parking area--how far you are going to have to take it. Harvey: We are not going to take it and do that. We don't intend to use near the entire portion of it. Savanah owns all the way up to the mine dump. Ron: Your motives are exemplary. How do you guarantee though that all of those workers who are parking on Aspen Street and Monarch Street and on Durant are going to really give up those parking spaces? Or that you are not going to add another 50 to your work force. Harvey: What it means is that I can work with the Lodge owners. When Bruce Kerr calls up and says I have these vehicles that have been parking in front of my lodge every morning for the last 4 days, we can get someone from PCL construction to go over there and make sure that those people move those vehicles. And they are willing to do that. Prior to this I have had no place for them to go. The memo and the control of the parking would definitely go out and these guys would be required to do that. I think I can control this if I am giving them that alternative. Remo asked for public comment. Fred Smith: I live at 601 South Monarch. They put Jersey barriers all around this site 2 winters ago when they started piling construction material on that. I went to the City and I said "They don't have a building permit. Do they have permission to do this"? After about 2 weeks the City told them to get all that stuff out of there. They got it out of there. They removed the Jersey barriers and it has taken 2 years to restore it back to its pristine condition. But they never had permission to store stuff there. It is not part of their staging. Their whole PUD is that they are going to stage everything. They don't have a building permit. They can't store stuff there. Remo: That doesn't address the thing that is before us today. Barbara Cassidy: I am a tenant of Lift One. I have been there= since 1971 and skiing here since 154 . You have no idea what this does to my place, my view and to my comfort. As a matter of fact I would not even think of staying here with a parking lot right in front of my door with cars coming morning, noon and night. They would have to rip out all the trees and bushes. I know people like progress but it is very sad for those of us that live here. Remo: Would you be ripping out trees? Cassidy: There are big bushes there. I don't know how they can avoid it. Remo: And the cars on the street don't bother you? Cassidy: No. Up until now I have had a beautiful view of the mountain. That is why I bought that condo. Remo: Do you have your own parking place? Cassidy: Yes. Rick: Do you visit here in the winter time as well? Cassidy: No. I just come in the summer. Rick: That lower parking lot adjacent to Lift One is occupied by cars all winter long. Cassidy: It would be 20 feet from my-living room. - Dave Myler: I am here on behalf of the Lift One Condominium Association. Barbara Cassidy is here. Bob O'Conner is here, owner of Unit 301 and Jerry Engman who is renting unit 208 which also would be only 20 feet away from the lower parking lot. I would also like to introduce Mac Bowland who is the manager of Lift One Condominiums. We are here to object to the so-called north parcel. We are not objecting to the use of the tennis lot parcel which seems to be the primary location for parking. As a technical matter I would like to first of all argue that you do not have the authority under Ord #69 to approve a parking lot in a residential zone district. A parking lot is a very specific type of use that is distinguishable for storage of building materials, construction equipment or structures. In Ord #69 it is very clear in that it allows you to grant a variance for the temporary off-site location for storage of materials, structures or equipment for construction staging. Remo: So you are saying it is not under our purview to review this as a parking area to grant a variance? Myler: That's right. I want to finish telling you all the reasons why. I think that a parking lot is a very specific type of use, has a very specific characteristics about it and it is different than the storage of construction materials and equipment. I think anyone would argue the storage of equipment and materials may be worse than cars. We would agree that it is worse than cars and probably shouldn't be allowed for that reason in this particular location. So to say that we are being treated more fairly by coming in and requesting parking of cars which is not contemplated on a lot under Ord #69 at all in exchange for giving up the opportunity to place building materials on the site I think is a rather shallow gesture. Remo: We are not suggesting that. Myler: I am somewhat pre-empting-- Remo: You are playing your own devil 's advocate. Myler: I think that in our Land Use Code we make all sorts of distinctions between uses which might have similar characteristics. Restaurants and clothes stores are both commercial uses. They both have customers coming and going and so on. But we distinguish between the specific characteristics that make them different and we allow some in some zones and not others. I think the same is true in this case. A parking lot is different and why is it allowed under Ord #69? If the City had wanted to allow parking lots for construction worker vehicles they could have very easily have put that in the ordinance. But they didn't. They wrote it very specifically, very clearly to allow certain types of uses. So I don't think under this ordinance you have the right to allow a parking lot. If you want to address that issue first and resolve it that would be fine with me. If you choose to read the ordinance more broadly, and want to proceed I would like to make some arguments as to why even under the ordinance it would be inappropriate to use this vacant lot which is now the equivalent of an in-town meadow as parking for a period of 4 or 5 weeks. Why trash it? Remo: This has come to us because the Building Dept has decided that the use that piece of property is to be put to is not allowed under Ordinance. I am assuming that relief can only be obtained by going before the Board of Adjustment. That is the only reason we get the case. That part of it is already solved. Drueding: The Planning Director advised me that she feels this was part of the staging. The Planning Dept felt it is appropriate for you to hear this case. Remo: And we can under our guidelines. They make the interpretation of the code. It used to be in our hands but it no longer is. So we have no jurisdiction as to why we can't hear it on the interpretation of the code. And the Planning Director interprets the code as allowing us to review this case, then we have to go on that basis. Myler: I talked with the Planning Director and the City Attorney and I know what their opinions are. They are different from mine. I wanted to make this statement for the record because I do believe you are exceeding your authority. On the substance of the application there are several standards that need to be addressed and to be met by the applicant in order for you to grant the variance. And the two that are the most important in this case have to do with Sections 10-104 (2) C&D. (2) D infers that only minimal impacts on the surrounding neighborhood are tolerated in order to allow these sort of temporary uses. In this case the impacts will be devastating on the livability of the units at Lift One. I would like to show you some pictures so you can familiarize yourself. This picture right here is the retaining wall which separates the Lift One property from the large north parcel which is this area here shown as vacant land. This entire area except for the far west end is, in essence. a meadow. Ironically not too long ago the City required Savanah to go in and clean the site up- -remove the jersey barriers, to remove the building materials that were stored on the site. It has had a chance to revegetate and come back. I am not arguing that we have got the right to require Savanah to maintain this as a meadow. I am just showing you that in terms of the units on our property it is going to be pretty devastating if this lower area is allowed for parking. Ron: This whole thing? Or this part here? Myler: I am not here on behalf of Timberridge. But I think they would take the same position. Ron: What I am asking is is this a sufficient barrier? Myler: I don't believe so because of the topography. When you are looking directly out the windows at the whole thing. Rick: What if they decide to go ahead and put a 3 story building on that lot? That would be a worse impact than this. Myler: That would be worse but I don't think that is at issue here. We will cross that bridge when we come to it. The issue here is whether you should take this meadow and trash it for a little overflow parking for 4 months. It doesn't make any sense. We are going to have to put up with noise. These construction workers are arriving at 6: 30 in the morning and they are not the most quiet, courteous people on the face of the earth. We know that. That is their nature. There is all sorts of complaints that I am hearing. We have got to be concerned with dust. This is not a paved lot. Once you drive on it all the weeds and the wild flowers are going to be tracked down and it is going to start being dusty. We have to be concerned about the kids, about safety, about trash and most importantly the visual aspects of a parking lot 20 feet from the front doors, not the back yards, but the front doors of all these units that face out onto that property. This is the front of those apartments. Ron: Timberridge does. Timberridge accesses--every unit in the building from the south side of the building. That is not true of Lift One. Myler: I didn't mean the front door. I just meant access to the units. One of the more important elements of this variance procedure is the language which this is a finding that you are required to make that the variance is the only reasonable method by which to afford the applicant relief and to deny the variance would cause the applicant unnecessary hardship or practical difficulty. We think we have a community problem here. We recognize that. A lot of cars that are being-trying to park around the Ritz and causing problems for everybody. But there are alternatives. And I don't think those alternatives have been explored to any great extent. Perry has acknowledged that the lower parking lot--the one we are objecting to is an overflow lot. They would only use it once in a while. But we think that the affects of using that are pretty dramatic. We think that they should be avoided because there are other alternatives. I went down to the parking garage today. There were 180 spaces available at 10: 00 in the morning. There were 116 spaces available at 2 : 00. On the average there is over 120 spaces available every day in that parking garage. That ought to be enough to accommodate the overflow. The_ City could . use the money or they could cut a deal with PCL to allow parking in that lot. And the workers can get on the shuttle bus and be delivered to the front door and the job. You don't need to trash this meadow. Also I have some other pictures that show Juan Street which is immediately to the south of the lot and a portion of Aspen Street which is immediately to the east of the lot. Those are all "No Parking" areas. Wouldn't it be simpler for the City to lift the restrictions for 2 and 1/2 months and allow parking on the street. You can get 40 cars there. Barbee: No. Juan has a 40 foot fire lane. Myler: On one side. Barbee: No. On both sides. Myler: I am just talking parking along one side or perhaps onto the grass. But don't go out into the middle of this meadow. You can accommodate it by 40 cars in there for 2 months to solve a community problem. I am also advised that there is a parking structure--a parking facility under the Grande Aspen Hotel which is controlled by Savanah that is not used for parking. It is used to store a bunch of things and maybe that stuff can be re-organized and consolidated and you can create 30 or 40 parking spaces there. Savanah has indicated that they don't want to use the Ritz parking structure itself for security reasons because they don't have a CO. The City does grant conditional COs for certain purposes. And if the security problems can be resolved, there is another location to park cars even closer and more convenient. Certainly it would be more convenient to park on this vacant lot. It is closer for the workmen than the City Parking Garage. But if PCL can be basically ordered or instructed to have their people park there, they can be ordered to have them park in the City parking garage or even out at Buttermilk and bus them in if that is what it takes to come up with a community solution to a community problem instead of asking Lift One Condominiums to bear the disproportionate burden. I also have a problem with the fact that if you build it, they will come. This area I think Perry may be trying to downplay the intensity of the use of this lot by saying it is just going to be used once in a while for a little overflow. Once it becomes known you can park there I have a feeling that everybody and their brother is going to want to go there. And the use is going to be a lot more intense. As we all know parking lots are a magnate for cars. So the intensity of traffic on the roads will increase once it becomes known that these parking lots can be used. So instead of alleviating the traffic problem I think we are making the traffic problem worse by providing additional parking in this location. Focusing only on this vacant lot the solution to the community problem I think is worse than the problem itself. And I think there are alternatives that we should be looking at in order to help alleviate the problems the lodges are having with the construction workers taking up the parking places. And that we again shouldn't be required to bear a disproportionate burden. The conclusion is that first of all I don't think you have the right to allow parking on this lot. But if you do the impacts are far from minimal. There are alternatives. So you cannot make the findings that are required to grant the variance for that particular lot and I again would ask you through the interest of time to direct staff to approach the City Manager and the City Council with some of the options that I have suggested and see if something can be worked out to accommodate parking in other locations. If you are inclined to grant this variance we would like you to discuss a variety of conditions. But I don't think that you should. In all seriousness I believe that would be an abuse of your discussion at this point in time. You should allow the variance for the tennis court parking lot and deny the request for the other parcel. Remo: Perry, do you now use that parking lot--the so called tennis parking lot? Harvey: The City Manager told me that as soon as I made application to the Board of Adjustment that I could use it for PCL parking. Remo: You can't use it now? Harvey: No. It is being used now because she said prior to that I could not use it. The interpretation was it is in the Ski Company Masterplan. But it is not a summer time parking lot. Remo: Is it full? Harvey: It is--I haven't been up there today. It was last week it probably had 20 cars in it. Remo: How many cars does it hold? Harvey: I think it would hold 35 to 40. Remo: How many potential cars would there be if you used the vacant lot? Harvey: - I don't know. I varies in consideration to what the construction loading is. Remo: Any inventory as to how many cars or workers on the Ritz utilize that come into town to work? Harvey: We are accommodating about 150 cars right now. Remo: That have to do with work on the Ritz? Harvey: Yes. Those are worker's cars not counting the subs that drive in. Remo: Those are out on the street? Harvey: No. That is what we are accommodating on our property right now on various parcels of property. Legally. The lot in front of the Grand Aspen and the lot next to the Grand Aspen. Remo: And you don't know how many more there are? Harvey: I feel that there are--when I checked which was last week with PCL they told me they thought that there were 60 to 70 cars that were parking on the street that they wanted to get off. Remo: What is the proximity to these 150 cars that you are accommodating? Where are they being accommodated? Harvey: They are on the west side of the Grand Aspen and on the east side of the Grand Aspen. They are up at what is called Summit Place up Mill Street. Remo: What is going to happen if they decide that this is a more convenient lot and then come down and use this vacant land--the lower one rather than the one that they have been assigned already? If we are just going to move cars around from existing uses that we have for them to fill up a piece of vacant land and then have empty spaces in those others--what is the purpose of granting this variance to relieve off-street parking? Harvey: I understand that. The purpose of wanting to do this is to get the cars off the street. Remo: How can you control that? Their moving from these other assigned places? Harvey: This is the most outlying spot. Right now that volleyball parking lot the City has on Dean Street is filled with PCL worker cars. I don't think that should be the case. Those people are the only vehicles that I would try and get that are currently not on the street. But they are in public parking. Everything else is closer to the site. All the parking lots that we have now are closer to the site and these guys have their truck, their cars, their tools. Remo: There wouldn't be any reason to go to a more outlying area. Harvey: No. They will keep trying to get closer. Ron: Which brings up the question--what is currently happening to the Grand Aspen Hotel parking garage? Harvey: The parking garage is used for maintenance vehicles and hotel worker parking as well as storage and maintenance shops. Ron: How many parking spaces are in there? Harvey: There are probably 25 to 30. Mary Barbee: It does make sense to put it down in the City. That is advantageous for everybody and those people would not suffer the lack of ability to get to their cars for tools etc because they wouldn't be doing that anyway. I think that makes good sense and that would accommodate them all. I don't see how you can do Block 6 because of the grade. Harvey: We may have to grade the entry to it. Put some gravel down to prevent dust. Barbee: The other thing too is Juan being a 40 foot street. I would urge that the entrance not occur from Juan but occur where the alley is if it has to occur at all . If you get the variance for Block 6 that you might mitigate the impact is if you were to allow the periphery bushes that exist on the block and the trees to remain. Then you would have given protection to everybody around there. I would like to see you limit anything in Block 6 to Lot 6 through 11 on Dean Street. And finally if you could tell us what your plan is to provide adequate provision being made for to restore the subject parcel to it's original condition upon expiration of the variance. Harvey: We wouldn't have any problem agreeing to go in there in the Spring and seed what vegetation has come off of it. I don't have a problem protecting the bushes around the perimeter of it and using the center of it. I had planned initially that the proposed entrance would be on Aspen Street. Mac Bowland, Manager of Lift One: This is the sign as it is today on the tennis court lot. That says PCL parking lot. And I have been monitoring that lot ever since I got my notice about this and that lot has never been filled during the daylight hours when their workers are supposedly using that lot. That lot is the furthest away so I don't know how he expects to police the situation where everybody is going to park up there first and when that is full we get to park closer to the building. It is not going to happen. He has mentioned himself it is a policing problem. That is why they can't use the City garage and they can't use Buttermilk. So I don't think trashing this meadow is the solution that we are all looking for. He then read a letter from Mary Mason who had moved out of the Aztec because of construction and construction worker's noise objecting to this variance. (letter attached in record) He then continued--To do this to all of these people that are staying at Lift One on their vacation is, to me, indescribably horrible. I got a letter addressed to the Aspen Condominiums from Savanah (attached in record) as an update as to what is happening at the job site. They said "We are planning on working from 7: 00 AM until 10: 00 PM every day until this job is done" . Can you imagine all of these people getting out of work at 10: 00 PM, going over to that lot, firing up the old pickup truck. Let's admit it. They are rather boisterous after work. It is not going to be pretty and I don't think it is fair. You are going to be ruining a lot of people's vacations if you let them have that lower lot. Now the upper lot they have been using all along--I thought it was totally legal. I just found out today it is not. We are all in favor of finding solutions but let's be fair. Remo: Something that everyone should know is that we are all under a lot of impact due to building in this town in the summer time. I am too. And it is only when something is in your own back yard that everyone starts screaming from that particular area. I don't see how we can avoid that aspect of having to put up with some inconvenience throughout the building season. I have been here a long time and I don't remember too many times when the summer has been quiet without screaming workers at 6: 30 in the morning and late at night. I think this is part of the Aspen experience too. Although you do have a point as to how much impact a lot of people are going to incur with this and is it necessary? Can we alleviate that somehow? Is there a better consideration or other alternatives? Ron: Being one block removed from the construction site really insulates you from what is going on. I think that if this room were full of people who are living at the Fasching House, Alpenblick, Mountain Chalet--they would say "let's move those cars over there so we get them out of our parking space. We have had tenants move out because of the noise. Let's get something done as soon as possible so that we can get it over with and we can all go on living" . There are a lot of people in this town that are living under severe disadvantages right now. I just want you to know that because you don't experience now. But there are people who are doing it. The thing is if there is some way to help them out a little bit we take from you and give to them. It is the democratic way. I see Mill Street as bumper to bumper cars, trucks and everything else at 6: 30 in the morning. I empathize with this lady. I have had 5 or 6 clients move out already. So I know it's going on. But there is nothing I can do about that. I don't like it. I am losing money. People are getting upset. Bowland: I went down to the Grand Aspen's underground parking to check it out and it is the biggest pile of junk down there and not one car. And there must be at least 30 places, probably more like 50. There is old toilets, plywood, heaps of old carpeting--no parking going on. Now you know as well as I do lodges have to provide parking for their tenants. These people are staying at the Grand Aspen. It is up to the Grand Aspen to clean up that underground parking and provide parking for their tenants. They don't have to be in the 1-A Lot. I happen to know because I see it every day that those cars are indeed sitting there 4 days at a time. Remo: Do you want to address any of this, Perry? Harvey: I mean--you know--I--we--we have done everything in our power including taking a profitable short-term lodging property and turning it into construction worker housing, providing hundreds of parking spaces on our other properties in order to accommodate this and do our best for the community. And I sympathize with what Ron's clients are going through. There are over 400 people working on that site every day. And it is a mammoth job right in the center of this town to keep it under control, moving back and forth and out of everyone's hair as much as possible. That is what we are trying to do. To tell a workman that as a condition of employment he has to park in the parking garage, I don't think it is going to work. I am trying to come up with a solution that is practical and that is going to work. As you said, Ron, there is no one here except the people that are from the immediate surrounding area. Remo: What is the vacant lot zoned? Harvey: It is Lodge/Tourist/Residential. Remo: What can you build there? What are your plans for this? Harvey: We haven't done our masterplanning yet. Our preliminary plan would be residential units. Remo: And you would have to go through a PUD? Harvey: A portion of the property is PUD so in all probability a PUD process would have to be how we would go. Fred Smith, 601 South Monarch: I am 40 feet from the main construction area. It would appear that this would be a great solution for me because it would get rid of all of the cars that park everywhere on Monarch Street and in the Lift 1-A parking lot. It has been alluded to most of the cars at the Lift 1-A parking lot are all construction workers. They don't go home every night. The vehicles are there until Friday at noon and then they go home and come back on Monday. So we have it for week end use. Remo: And these are parked where? Smith: This is the 1-A parking lot. This is a public parking lot. It is posted "No Parking At Night" but the Police Dept will not enforce any parking restrictions. I have tried repeatedly. If I were to park downtown within 30 feet of a corner I would get a $25 ticket before I can turn around. Remo: Are you telling me you would like to get them off the street and get them in this lot? Smith: I would love to. But absolutely these people could all park in the PLC lot up above which we saw the pictures of. They don't park there-. --They park right there- at- the-job -site as close , as they can. So allowing this isn't going to solve the problem at all. It is just going to mean a few more cars are going to go in there and trash the meadow. As a tax payer what really bugs me is that we spent 6 million dollars to build a parking structure for workers who are coming up valley every day. We are spending $30, 000 this summer to run a free shuttle every 15 minutes between that parking structure and this construction site. And if we are not going to use this, if we are going to trash a meadow and let these people park in there so they can be a little closer, that is just ridiculous. Finally, they absolutely have no hardship. All they are doing is asking for a more convenient place to park so they don't have to pay $3 . 00 a day to park. Gerald Engman, a tenant at Lift One and have been a very pleased tenant for several years. One of the reasons that we rent there is because of the very pleasant view out our living room window onto this little meadow. And even with the weeds it seems to be pretty nice because it does attract birds, wild flowers etc. Last summer we had the problem of construction materials which was very sloppily placed on this vacant lot. And finally through the efforts of Mac and others the construction company did indeed remove the materials. This summer we are threatened with the possibility of that meadow being replaced by a parking lot. And my question is maybe, even though this is a temporary thing, if the stage isn't being set for next summer for it to be a parking lot for the Ritz Carlton valet service when the Ritz Carlton is indeed in operation. We would like you to not grant this temporary permit because we want to see the meadow as long as possible. There was no further public comment. Remo closed the public portion of the hearing. Charlie: I am against granting this variance. There are too many other alternatives that have been presented and shown to us which negates the fact that it is a hardship. I would be in favor of granting the variance for the upper parking lot. I would not be in favor of any further parking on that meadow at all. If there was a way to alleviate the situation slightly by angle parking. But I understand there are some bushes over there. Angle parking on that upper end. That is the only thing that I would consider. But I would not want to see the bushes being destroyed. It will not solve any problem. What will happen--this will get trashed. This will still be very little used and the public will end up on it as well. I don't see anything that that solves. And besides Aspen is very well known for having quiet lodges and having the Aspen ambiance. I think that a lot of people know from previous years, they can come here safely, they make reservations and all of a sudden this is dropped on them. They have no idea this is what is going to happen. If I had made a booking and there was no other place for me to go in August, I would be pretty furious. At the City--not at the management of Lift One necessarily but Lift One would be blamed for not doing more. So I would be against this. Ron: I think it is a case of personal right. The people own the land. But on the other hand I don't think the applicant has shown that this is the solution to the problem as it exists of getting the cars of the street. I don't think this will get them off the street if we turn this into a parking lot. So I would be in favor of granting the upper tennis lot variance until October 1, 1992 but I would not be in favor of granting the variance on Lot #6. Rick: I am leaning towards my colleague' s remarks. Realistically I don't think these workers are going to park in the garage and shuttle over. They have tools and lunch boxes. I feel that giving them 24 vehicles in that upper parking lot solves some of the problem. I would be in favor of granting a variance for the upper parking lot--the tennis court lot. Bill: It looks as though the vote is going to go to the tennis court. But I really think that we have to think about what our mission here in Aspen is when we commit ourselves to build a hotel. And that is to get the damned job done and get it done as quickly as possible. I think it is a "management problem" . He can manage this parking lot so that he doesn't have to use that lower parking lot. But if he can't do that I think in order to get the job done he ought to be able to use it. It is his land. We don't think about the people who have to park way out on 4th Street to visit our community. We ought to be working to create parking so that our visitors can enjoy the downtown part of the City. And so for that reason it seems to me that we can make him manage this I think he won't have to use it. But if he has to use it he should have the right to use it. And I question how many of the guests that live in Lift One--how often do they sit there and look at that field? In my opinion the more important thing for the community is to solve the problem. Ron: You are 100% right. The only problem I have with that is there is no evidence that giving Perry this parking lot is going to make the Ritz get finished one day sooner. There is no evidence that this is going to remove one PCL worker from parking in the streets. Not one. That is something else that should be done. Maybe they should initiate timed parking on those street until October 1st to get rid of those cars. They are legally parking on the street. There is not way of getting them off the street. Bill: But if he establishes a system which says "Permanent Parking" and here is a sticker that goes into the parking lot on the tennis court so that the transients can move in closer to their working area. If he can manage those things I think that he will solve his problem. Remo: But he has thrown up his hands at that. He hasn't shown that he can manage that. Bill: He said he didn't come with a plan. Remo: We can't grant a variance if we don't see that plan. There are not enough controls that were demonstrated to us here that can assure us that those people will park in their designated spot. We don't even have a designated. No plan was presented to us that shows that they would be designated spots for certain workers there or license plates go in certain areas or things of that nature. Bill: Well, ask him to come back with that. Remo: Well, but we have to make a decision based on the evidence that was presented to us at this meeting. And based on that it would be very difficult for me to grant that variance. If the controls that you mention were in place that would be another consideration. But we don't have that plan and we give him a blanket variance here on the basis of just what he has presented to us I would have problems with that. Is this a winter parking lot? Harvey: It is shown in the Ski Company masterplan. Remo: Why is it a winter parking lot and not a summer parking lot? Is it a parking lot or isn't it a parking lot? Harvey: The zone district does not allow a parking lot absent your action. John Roberts in 1984 leased it for 99 years to the Ski - Company to use for Ski Season parking. That is all -I know. And the Ski Co has it in the masterplan as part of their base area parking. Fred Smith: I think it is a grandfathered parking lot. It has been a parking lot for the 30 years I have been on the staff. Ron: All I can say is that anything that is in the Ski Co masterplan doesn't necessarily have any approvals at all. Remo: I would be in favor of granting or legalizing the upper parking lot and I have a lot of problems with granting a variance for the lower one. And mostly it is a matter of control. It is difficult to not grant them a variance based on some noise, some disruption, some view being disturbed in some way. We all come under that. I don't think that is a unique situation to cause to not grant the variance. But because what he has presented to us is not comprehensive enough and it is too open to abuse I feel. I really feel that they would use the lower parking lot as being more convenient to the site and then just dismiss this upper parking lot. So I would not be in favor of granting the variance for the lower but I would be for the tennis parking lot. MOTION Ron: I move that we grant a variance for that area called the tennis parking lot to be used for PCL parking until October 1st, 1992 . Charlie seconded the motion. Roll call vote: Bill, yes, Charlie, yes, Rick, yes, Ron, yes, Remo, yes. CASE #92-7 WALT HARRIS Jim Colombo, representative for Harris owner of Syzygy Restaurant. We are here today to ask for a variance to have the relocation of an existing walk-in freezer which is 6ft by 8ft by 7ft high, 48sgft, externalized to the wall along the north wall adjacent to the kitchen so that it can be accessed from the kitchen but would be externalized in this corner. Using photos Colombo demonstrated where the cooler would go on the building. We are requesting this on a temporary basis so that this should not be a restaurant in that space in the future this would have to come out. We are now in the last year of a 5 year lease and are going for another 5 year lease. Ron: Isn't that already included in the FAR, Bill? Drueding: No. Absolutely not. No matter what kind of overhang you have when you move an exterior wall out it adds FAR. Everything within your exterior wall is FAR. Then you have exceptions. Above grade decks up to 15% is exempt. Carports and garages up to 500sgft are exempt. You take a carport it is exempt up to 500sgft. Colombo: Why we are requesting it is that it would be in the alley side. You would have a tough time seeing it from the street. We have not had any opposition from the neighbors. In fact just the opposite. The neighbors have said it is just fine with them. We got in the situation when the restaurant was first built. At that time Jim Martin had represented to Walt that the area adjacent would be office space and that he would be able to utilize that office space for his walk-in refrigerator. That was the premise on which the restaurant was built. That was the premise under which Walt operated. When he came down to the point of opening the restaurant the problem occurred because it was introduced to Walt as it had become employee housing. When it became employee housing I think Walt still was under the impression that he had the use of that area as a walk in cooler area which he did put his walk in cooler there as it exists now. Now we have come under the review of the Housing Dept and they have said "You have got to get the thing out of there. It is employee housing" . Harris: There is still an employee living there. There is the walk-in and there is a separate residence built so he has his own space. Colombo: But even though that seems to work for both the employee and Walt the Housing Dept says we need to get that out of there. So we are stuck with the situation that we have an unworkable kitchen and Walt desperately needs this walk-in. One of the oppositions from the staff was that this represented a problem generated by ourselves because we did an expansion and didn't use that expanded area. That expanded area is way over here across from the dining room. We didn't create this space. It already existed. We just expanded into it. We took a wall down and used it for additional seating. With just a little common sense your practicality is that there is no way even though this area is utilized now by using this space to put a walk-in freezer in. It is just impossible to put it way over there. Also this existing situation which was misrepresented to Walt existed from day one when the Syzygy was it's original size. And this has not been perpetuated just because of the expansion area. In addition to that this could have been corrected easily if the situation of FAR had not changed in the code. It was calculated at the time of Walt's construction they had about 220sgft left in which they could have had his walk-in cooler at which point that would have been a GMQS exemption. We were going through that process until the point at which we arrived at when the new code and 1, 100sgft had been added to this building without any enlargement going. So we would definitely be over the FAR because of the way things are calculated at this point. So Walt is between a rock and a hard place here. He needs a walk- in cooler and he has actually no way other than this to put it. What we are asking for is granting of the variance as a temporary structure underneath the existing balcony on the alley side and that would blend in with the existing facia. That is a total of 28 square feet. Remo: Where is the kitchen now? Harris: Where you see the windows. Here. Remo: Where is this employee unit? Colombo showed him. Remo: Why is the Housing Authority objecting to that? Colombo: They said this is the area for employee housing and can't be used for anything else. Rick: But it is not presently encroaching into that unit. Remo: What is wrong with where it now is? Colombo: It was originally there when the restaurant was built. It was moved into this location right here. Remo: Oh, that's where it is now? If I didn't ask you this question, how would we know that? Charlie: He intimated it but it didn't show in the drawing. Remo: And why didn't you leave it where it was? Why did you put it there? Colombo: Because they needed the counter space. Harris: We initially envisioned the kitchen where it is now and we were going to have shelf top coolers which are good for preparation and also for refrigeration as well. When we found out we weren't able to use--the housing end when everything changed when we put it there and then we moved it when we could not function. Remo: Is there a wall around this cooler in the employee unit? Harris: Yes. Remo: And the Housing people found out that this was an encroachment into employee housing and for you to remove it? Harris: Yes. Remo: My problem with this is that it is really a matter of convenience. It is really difficult to describe a hardship or practical difficulty. Colombo: It was a misrepresentation to Walt at the time. The hardship we find here is that from day one Walt had the leave that he could have this unit where we now have it. It was represented to him by the owner of the building that this was going to be office space there--not employee housing. The landlord opened his doors, he immediately moved it into the area he thought was going to be office space where it now sits which is right here. The misrepresentation to Walt by the owner of the building was the it was OK where it is at. Now we find that this was dedicated to employee housing and he cannot put it in that space. Remo: But he has recourse to the owner. We can't adjudicate what happens between you and the owner. If the owner misrepresented something we can't remediate that problem by allowing you to go out into FARs because the owner misrepresented something he said you could do. The practical hardship is between you and the owner. Ron: What is the paper wrap? Harris: It is the dumbwaiter. Ron: Is that FAR? Colombo: That was required by the City for us to put in. Drueding: That frankly slipped by me on plans that were shown on one spot and they moved it outside and I didn't catch it. So under the reliance factor, I missed it--I am leaving it there. The reason I am leaving it there is because they had a problem. I would not give them a CO because they were required to have a dumbwaiter. I pushed to get the dumbwaiter and they were good enough to do it and it was my problem. Ron: It is temporary? Harris: No, it is not temporary. Rick: Have you moved into the what is now described as the future expansion? For some reason I feel like I have sat in that room. Harris: That has been built. Rick: And it would be impractical to put refrigeration in that room. Colombo: We go to the minimal request. 48 square feet. We are asking for a temporary situation and we feel we do have a hardship here. There was misrepresentation which he planned his kitchen- -he planned for it to be in that area. The kitchen does not function with it in any other area. So now we are in a situation where it is already in a spot and we are told by the Housing Authority that we have to move it. If we were allowed to leave it there, we would not have to be here. We have been operating with it there. We have been using it there. There is a history of use where it now is. We are being told now at this late date by the Housing Dept that we now have to move it. Rick: Would this effectively shut you down without that. Colombo: He has frozen foods up there. Harris: It is only 48 square feet but that walk in is vital. Bill: The walk-in is bigger than 48 square feet. The addition is 48 square feet. The walk-in is larger than 48 square feet. Right? The entire walk-in is 6x8. Remo: You don't know who built that encroachment into the employee housing? Who built it into the employee housing area. Who built that little section? Harris: We moved the walk-in and just a small framing structure was built. Remo: You did it into the employee unit? Harris: Yes. Remo: Did you get a permit to do that? Harris: No. Remo: You see, you are using the argument that it was there all the time and you wouldn't have to come to us. But yet you are the ones who created the problem in the first place by building that structure into the employee unit. So it is difficult for me to grant you a variance on something that you initiated yourself and without a permit. And now you are using that to justify because they are telling you to put it back. Harris: It was moved with the thought of it being a short term move to be able to punch out as far as to get the expansion over the alley. It was not moved for it to be a long term situation there. It was only for it to be a short term situation. Colombo: The kitchen was designed to be used with walk-in. Now we can't put it in that spot. So we have to have some relief. The kitchen will not function. You are talking about practical shut down of the restaurant. Remo: But you designed it when you first went in there and it didn't work. You built that little extra area. You didn't take care of the problem at the time. Ron: It wasn't relied as employee housing. Rick: I can see where this is going and it is not looking good for you guys. What if you lost a table up in the corner? Lost one of those walls up in here and put it up in here. Because you are now taking over more space over in here than you initially had. I know how much it hurts to lose a table but what if you just cut this wall off and put it right in this corner? Harris: The space you are talking about is about 2ft by 4ft. Bill: Let's not let the Board begin to re-design. These people went into business in space that was approved. According to what I hear they had 220sgft excess but the FAR changed. Now I think the mission is, regardless of what the regulation says, to help people in business. Help them survive. Help them make more money. Let' s stop putting restrictions on them. I park right here 365 days out of the year to take money from Clark's Market to the bank. I saw them put this thing here. There is absolutely no reason in my opinion why we should not allow them to add 48 square feet that is not obstructing anybody's view, not interfering with anyone at all. It is absolutely ridiculous for us to even, in my opinion, question it. We can't afford to continue to hurt businesses. We are about to say re-design and put it someplace in it' s existing space. This is great for him. He can make more money. More visitors can go there. Remo: If it were bigger he would make more money. If he took out the second floor, he would probably make more money. Bill: This is only 8 square feet in an alley that has nothing to do with the aesthetics or anything. It is only because the regulation says you can't exceed the FAR. Remo: That is right. Everyone is equal. If you are going to do that to this you are going to have to consider everyone who comes before us that wants a little bit of convenience, a little extra space-- Bill: I do not agree. Remo: The Wienerstube came to us for the same reasons. They wanted to use some storage space. You have got to treat people the same way. MPT Remo: You can't Charlie: They had a hardship. Remo: I deemed that as a different kind of hardship. Charlie: This is not a convenience. Remo: I may not have voted for that in the first place. MPT Charlie: It has nothing to do with making money. It has something to do with practical difficulty. MPT Remo: We are here to MPT Bill: This is a practical difficulty. And because it is a practical difficulty we are about to say "Put it .back into your own facility" . This is wrong. Remo: I am trying to say that we are not here to make sure that everybody is successful in business. Your argument was that we have to make these people make money. Those are your words. Bill: You are misrepresenting what I said. Look, we ought to think in terms of if this 48 feet makes that facility operate better for the customer and for the owner, we ought to consider it. Remo then asked for comment from the public. (Mephisto) : I am not sure this is the right place for this but I want to know how many here know exactly where the restaurant is? How many of you have seen the sign? Several said "What sign?" Mephisto: Exactly. That is my point. I work for Mephisto. I am all in favor of Walt's variance--provided that you put an exception in there that he puts a sign up. I work at Mephisto Shoes. My office is in the basement. It is a hardship for me when somebody walks into our store that I have to get up to come upstairs for them to say "Where is Syzygy's?" Bill: It also adds pedestrian traffic into your business. Mephisto: But they are not there to buy shoes. They are there looking for the restaurant. I don't mind coming up when they are there looking at our shoes. He has absolutely no signage at all. Bill: I don't think that that is in our department but I think he has got a good idea. ? : Maybe I am in the wrong place but when I am listening is that he is asking for hardship--he is asking for a hardship here. He is asking for something above and beyond what is already allowed. I am expressing my views. I am going to say I am against it unless you make him put up a sign. Why should his business be easier to deal with than our business when we are playing doorman for his restaurant. If he puts a sign up, I am all in favor of it. Remo: That is not a requirement for granting him a variance. It is up to his good word to you. It is outside the purview of this Board to consider something like that. There was no further public comment and Remo closed the public portion of the hearing. Rick: I think Bill 's remarks were very strong and very persuasive. And in light of the fact that if they were to remove this once this ceases to be a restaurant I think it is strong enough to push me over the edge. I do think that this is a practical difficulty and in denying him the variance might even cause him to have to shut down the whole thing and I don't think that is the purpose of this Board. I would be in favor of granting this minimal variance. Remo: Did I hear you right that this is not the purpose of the Board to shut them down? Rick: I feel that if we deny him this we are adding an additional burden to them. That is not our doing but I think we are adding to the practical difficulty and hardship that presently exists with respect to them losing that space in the employee housing no matter how it happened. Whether it was misrepresented or whether they were lied to or whatever. I think in denying them this minimal variance it will create more of a hardship and practical difficulty. Ron: I see a practical difficulty here in that when they constructed the restaurant there was additional FAR that they could have used for an exterior cooler. They placed it someplace else maybe with the intention of expanding it to that FAR which they lost. Then they lost the spot that they put it in because the Housing Authority came in and said it is employee housing space and not office space and therefore they lost that space as well. So I think that is the practical difficulty. I see this as an existing successful restaurant. I think that we ought to give them relief from the code in this circumstance because I think the damages to an ongoing business would be overwhelming. And I think it would cause them incalculable distress and problems. And I think by granting them a minimal variance of 48sgft we can eliminate all of those problems. Remo: But you are assuming a lot. Ron: I am assuming a lot. But I know the restaurant. I know how it functions and everything else and I think this is a minimal variance. It is in the alley. If it was anyplace other than the alley I might have a problem with it. I don't have any problems with it here. Remo: Minimal variance historically here is only dealt with--the minimum variance that will do the job effectively. It is not a minimum variance for anything in particular. We denied Ritchie Cohen 1 inch. It is a minimal variance only to satisfy the code that will successfully allow the applicant to utilize given relief and utilize his property. Ron: The way I see it is that it is not going outside the existing wall. It is underneath the balcony so that if he says it is 6 x 8 freezer is what he needs he is not building an additional store room. Remo: Am I to understand that every time someone comes to us and says "We can hide where the FAR is going to be that you will vote for it?" Ron and Bill: No. Remo: Isn't that what you are suggesting? MPT Remo: But he is using the argument that if it is out of site, it is in the alley, it is not visually. The problem here is he is exceeding FAR. Ron: I understand that. Remo: On what you are going to have to consider other-- Ron: I think there is a practical difficulty. I think that that indentation in the building which is partially obstructed by the dumbwaiter--that whole area is probably 200 and some square feet which would have been what he would have had under° the old FAR. And for practical purposes they got it. No one is going to notice the impact on that building from 3 sides. Rick: You didn't see the City condemn themselves when they saw they screwed up and made them put the dumbwaiter on. They just waived their hands and said "I screwed up" . Remo: Everyone comes under the code that is changed in that zone in that vicinity. And there is going to be a lot of people who are affected by that who relied on extra FAR which they no longer have. And if that is going to be the argument that we are going to hear from anybody else who comes to us I don't see that as basis for granting a variance. Ron: I think you are absolutely right. However, we met two weeks ago as Jim will clearly tell you I was on your side, wasn't I? Although you granted the variance that I would not have granted because of 3 walls were already up. Rick: Each case is different. MPT Ron: They were 3 feet over their limit. All I am saying that this variance be a temporary variance for the existence of Syzygy. As long as Syzygy is there. Not a restaurant per' se. Then I would restrict it to that limit. Drueding: If a variance is going to be granted I would rather not see any condition like that. He then presented a letter from HPC giving their approval of this variance. (attached in record) Bill: Why would HPC be involved with this? Drueding: Because of the historic overlay on the entire downtown. MOTION Rick: I move to approve this variance of 48 square feet with no other conditions. Charlie seconded the motion. Remo: So that it remains in perpetuity even if the use changes. Rick: That's right. Ron: The thing is that it is a walk-in cooler. That is what it is intended to be. And that is all it is intended to be. Charlie: As long as it is a walk-in cooler then keep it. Ron: That is a restriction. Is there any way you feel we can handle it with restricting it? Rick: They would have to go through HPC to take it out. Drueding: My idea was it is more of a problem to police it and tear it out. If they remove it as a walk-in cooler and try and make it seating space they would need a building permit for that. At that point there are other mitigations for employee housing etc. Ron: So can we moderate or make a motion to read additional 48 square feet FAR for use as a walk-in cooler? Rick: It doesn't matter. They are going to have to go through HPC to have it taken out. Ron: What if HPC doesn't care? What if they pull it out and they want to use it for anything else, they have to go back to you, right? Drueding: Right, and what am I supposed to do with it? Ron: Well, what did you do with the deck on top of the garage down in Watson' s house? Drueding: But what am I supposed to do with this? If they change it am I supposed to have them tear it back down again? Bill: Let' s don't create additional regulation workload on the part of the individuals. May I add in the record that granting this variance solves the problem of the Housing Authority too. Remo: It would be solved anyway because he has got to get it out of there. Bill: I know that. Roll call vote: Bill, yes, Ron, yes, Rick, yes, Charlie, yes, Remo, no. Variance granted. Bill to Harris: Don't forget that sign now. Harris: I won't forget the sign. I will put the sign up. CASE #92-8 Rick: I move to continue case #92-8 to date certain of July 23, 1992 . Charlie seconded the motion with all in favor. MINUTES Charlie made a motion to approve minutes of June 25 and July 1, 1992 . Rick seconded the motion with all in favor. Remo: We will defer the minutes of June 8, 1992 . Rick made a motion to adjourn. Charlie seconded the motion with all in favor. Time was 6: 20pm. Janice= M. Carney, City D'"puty Clerk i' l � w GUS;- A T C-c)nj`t� 0 � o� `��; I�(►�'r�yS �S� �v Cc�eVJT�uC_�v� � ( Jl{_E. �\('� . Cv lam' A ►'rl . �1 S (` 'vim ( I '�r2-(�?5 -�P_R I V�`1� S��T� � Iry� Jt^A m✓`n►� � v�2�.� . /�C C TJ L�c►'z CSC '-( 2U�is S A r j 7 S K-� Y\'> •)Cass 1 l�iZ� ui :�i�CU�^n►�z�� �Gh°��.fit,ry �'j V w S n<Q(n . rIl C- ry • `I- Co v�r1 C �� � ��� car=-�=��} ,�a-vtr� y-�:�arc 1•� ap '1 �( FYI+moo N -Ict . ��a ' `�� AFFIDAVIT OF MAILING I have complied with the notice requirements of Section 6- 205 (E) (3) (C) of the Aspen Land Use Regulations of the Aspen Municipal Code by mailing of notice, a copy of which is attached hereto by first class, postage prepaid, U.S. Mail to all owners of property within three hundred (300) feet of the subject property on STATE OF COLORADO ) SS COUNTY OF PITRIN ) f he foregoing fidavit o mailing was signed before me* this day of WITNESS my h ' d and official seal. My commission expires: - ar Publ AFFIDAVIT OF NOTICE BY POSTING OF A County of Pitkin } VARIANCE HEARING BEFORE THE CITY OF } ss. ASPEN BOARD OF ADJUSTMENT (Pursuant State of Colorado } to Section 6-205(E) (b) of the Muni- cipal Code) The undersigned, being first duly sworn, deposes and says as follows: I, /'� y 7 � �� T , being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 2 day of 197 -e , to the day of 1922—. ast ten (10) full days before the App/ cant's Sign ure + Subscribed and sworn bef a me thi/s� �id�of 19 ,' by WITNESS M HAND AND OFFICIAL SEAL. My ommission expires. l r Jary' P blip s Sign ture Addt, s NOTICE OF PUBLIC HEARING CASE #92-7 WALT HARRIS BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962 , as amended, 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 Ordinance, Chapter 24 , 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, 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 consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: JULY 9, 1992 Time: 4 : 00 p.m. Owner for Variance: Appellant for Variance: Name: JIM VALARIO WALT HARRIS Address: 520 EAST HYMAN Location or description of property: 520 EAST HYMAN--LOTS 2 & 3 PITKIN CENTER SUBDIVISION Variance Requested: PROPERTY IS LOCATED IN THE "CC" ZONING CATEGORY. PURSUANT TO REVIEWS; THE STRUCTURE CURRENTLY IS AT THE MAXIMUM FLOOR AREA RATIO (CHAPTER 24, ASPEN MUNICIPAL CODE SEC.5- 209 (11) . APPLICANT APPEARS TO BE REQUESTING A FLOOR AREA VARIANCE OF 48 SQUARE FEET IN ORDER TO EXTERNALIZE THEIR WALK-IN FREEZER Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk RYAN: ® , INC . 715 WEST MAIN STREET ASPEN,COLORADO 81611 WARREN F.RYAN TELEPHONE 303-925-5889 PRESIDENT FACSIMILE 303-925-2408 PATRICIA L.SMITH CONl'ROLLE.R ROLAND PARKER PROPERTY MANAGER juL -- 2 June 30, 1992 City of Aspen Board of Adjustment 130 South Galena Street Aspen, Colorado 81611 Attention: Remo Lavagnino, Chairman Re: Notice of Public Hearing Case Number 92-7-Walt Harris Dear Mr. Lavagnino: I received your notice, because I own various pieces of commercial property in the vicinity of the applicant's proposed request for zoning or variance change. I have reviewed this matter with the restaurant owner, Mr. Walt Harris, and I think that his request is reasonable and one that should be granted. I think it is important that the City of Aspen support its local businessmen and property owners in any and all cases when it is at all feasible and does not in any way infringe upon the aesthetics of our community. This request certainly does not. I will be unable to attend the meeting, but I strongly urge that the Board of Adjustment approve the applicant's request. Should you need to discuss this matter with me prior to July 9 , 1992, please do not hes ' ate to contact me. Thank you for your tention to the above. ,1 Sin erely, t rre F. Ryan President WFR/nb cc: Mr. Walt Harris COLOMBO 623 E. Hopkins Street,Aspen,Colorado 81611 Tel.: (303)925-7806 FAX(303)925-8712 BOARD OF ADJUSTMENTS JUNE 4, 1992• reyi Sed J1JNE J1,1492 CITY OF ASPEN 130 SOUTH GALENA ASPEN, CO 81611 RE:AP.PLICATION FOR VARIANCE 520 E. HYMAN- WALT HARRIS, OWNER On April 29, 1992, The fining Enforcement Officer rejected an application for a building permit to etprnaliz.e walk-in refrigerator at Sy2ygy Restaurant owned by Walt Harris. The reAlaurant is located at 520 E. Hopkins St. A copy of the building , . permit application, the plans for refrigerators new location, and Mr. Dreudings letter are attached. For the purposes of this application we accept Mr. Dreuding's calculations regarding relevent floor area, which is as follows; In 1987 when Pitkin Center Building was approved, the Building F.A.R. allowed was 12,000 square feet. Given the methodology of F.A.R. calculation at-that time, the_ -., building F.A.R. was 11,778.47 square feet- leaving 221.53 square feet for future exspansion. Given the present methodology of F.A.R. calculation- many previously exempt areas must now be calculated into building F.A.R. - which effectively puts the building square footage over the unchanged F.A.R. limit. It should be pointed out that the modest 48 sq. ft. of the proposed relocated ' walk-in refrigerator would fall under section 8-104 Exemptions to the Municipal code allowing for Planning Director sign-off, if the application of the new methodology for F.A.R. calcilations did not create a non-conformance from a previously conforming building. As, a result , we are.forced to take our appeal for variance to this Board. The walk-in refrigerator is 6'x 8' or 48 square feet and is 710" in height. The exiting refrigerator would be relocated to the north of the Acisting north kitchen exterior wall,& would be along the alley fascia, and be under an existing Balcony which projects from the third level. f BOARD OF ADJUST,'4ENTS CITY OF ASPEN JUNE ! . 199: Revised 6/21/92 PAGE TWO The proposed location of the walf-in refrigerator would not encroach into the alley and would be within the envelope of the alley buildings. The walk-in would also be with in the perimeter structures of the loading and trash areas of the building which occur on the first level. This external relocation of the walk-in would represent no increase in net leasable space nor would it generate additional employees or parking requirements. It would generate no impact upon public facilities, and could reduce delivery requirements. The attached elevations will depictthe subtle fascia incorporation with the existinc structure. The proposed new location and building change would be difficult to see from anywhere but the alley. In addition the applicant request this external relocation to be only temporary structure, to be removed at the time the space is not occupied by a restaurant. At such time, the external walk-in would be removed, and the fascia returned to. its current condition. This request is based upon a practical necessity for a workable kitchen condition to adequately serve the needs of the restaurant. We believe the external location and dimensions are cuite unobtusive and will blend in with the existing alley fascia. We feel that we are seeking the minimum variance practical. We feel we are consistent with the variance guidelines of minimal request, minimal public impact, and there is no oppossition from either Historic Preservation or surrounding neighbors. We feel that there are unique circumstances for requesting this variance, in that, there is a commercial use of the space with a hardship of kitchen function, this minimal 48 sq, ft. expansion would have fallen under Planning Director ign-off, had a non-co-=ormina struct'-: e been created by nee.: F.A.R. methodology. We are uniquely asking for a te-1-orary struclLure, to be removed at a time when I a restaurant no longer occupies the area. The proposed external relocation of the walk-in represents no increasein building net leasable. We ask you to give this application favorable consideration and to approve the requested variance. Very truly yours, COLOMBO INTERNATIONAL, INC. BV-: James Colombo JPC:djw Enclosures 6/21 AFFIDAVIT OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD .OF ADJUSTMENT The undersigned being first duly sworn, deposes and says as follows : Pursuant to Section 2-22 (c) of the Aspen Municipal Code, I, r-z;�'--o , being or representing an Applicant before the City of Aspen Board of Adjustment , Personally certify that the attached photograph fairly and accurately represents the sign posted as the Notice of the variance hearing on this matter in a conspicuous place on the subject project (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the _ _ day of 12N E-- 1W-, to the L day of ��-,f , 1972, (Must be posted for at least ten (10) full days before the hearing date) . APPLICANT 4 t re Cou of Pitkin State of Colorado Subscribed an$ sworn to of ore me this '. day of —� 19 4by Attach Photograph i WITNESS MY HAND AND OFFICIAL SEAL My Commission expires -- My COMML"kon expires 24m X82 ary Public R 010 Add ss AUti1M•', v, 1 I AFFIDAVIT OF MAILING I have complied with the notice requirements of Section 6- 205 (E) (3) (C) of the Aspen Land Use Regulations of the Aspen Municipal Code by mailing of notice, a copy of which is attached hereto by first class, postage prepaid, U.S. Mail to all owners of property within three hundred (300) feet of the subject property i STATE OF COLORADO j SS COUNTY OF PITRIN ) The foregoin ffidavit of mailing was signed before me this day of f 2n WITNESS my hand and official seal. My commission expires: NyC0 aftsion expires 0/27/92, rl. ,, 'C' 4 ) U - L Nota ub iC NOTICE OF PUBLIC HEARING CASE #92-7 WALT HARRIS BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962 , as amended, 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 Ordinance, Chapter 24, 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, 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 consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: JULY 9, 1992 Time: 4 : 00 p.m. Owner for Variance: Appellant for Variance: Name: JIM VALARIO WALT HARRIS Address: 520 EAST HYMAN Location or description of property: 520 EAST HYMAN--LOTS 2 & 3 PITKIN CENTER SUBDIVISION Variance Requested: PROPERTY IS LOCATED IN THE 11CC11 ZONING CATEGORY. PURSUANT TO REVIEWS; THE STRUCTURE CURRENTLY IS AT THE MAXIMUM FLOOR AREA RATIO (CHAPTER 24, ASPEN MUNICIPAL CODE SEC.5- 209 (11) . APPLICANT APPEARS TO BE REQUESTING A FLOOR AREA VARIANCE OF 48 SQUARE FEET IN ORDER TO EXTERNALIZE THEIR WALK-IN FREEZER Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk NOTICE OF PUBLIC HEARING CASE #92-9 SAVANAH LIMITED PARTNERSHIP BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962 , as amended, 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 Ordinance, Chapter 24, 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, 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 consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting Date: JULY 9, 1992 Time: 4 : 00 p.m. Owner for Variance: Appellant for Variance: Name: SAVANAH LIMITED PARTNERSHIP PERRY HARVEY Address: 600 E. COOPER, #200 Location or description of property: EAMES ADDITION, BLOCK 6, BLOCK 11, LOTS 7-12 Variance Requested: PROPERTY IS LOCATED IN THE L/TR ZONING CATEGORY. APPLICANT IS REQUESTING TEMPORARY USE OF TWO PARCELS OF LAND FOR STORAGE OF CONSTRUCTION WORKER AUTOMOBILES. ORDINANCE 69 SERIES 1990 ASPEN LAND USE CODE ALLOWS BOARD OF ADJUSTMENT AUTHORITY IN THIS REGARD. CHAPTER 24 10-103 (2) AUTHORIZED VARIANCES. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk