Letter (Aug. 26): Residents have a right to peace and quiet
August 26, 2013
Residents have a right to peace and quiet
Finally, someone has spoken sense about the conflict between a homeowner and restaurants and bars that are her neighbors ("Kill them with kindess," commentary, Roger Marolt, Aug. 23, The Aspen Times).
For the better part of three weeks far too many local letter writers have bombarded both Aspen newspapers with malicious, cynical and insulting attacks upon a couple residing above Ute City Restaurant.
Roger Marolt has exposed the primary reason for all the negativity — the resentment toward fellow residents whose wealth allows them to spend millions to live in the Aspen core. This couple has the right to expect that noise-level limits imposed by the city be obeyed and, if necessary, enforced. They and their neighbors are bound by a 60-decibel noise restriction. It was in place when they bought. The restaurant owners know about it but have failed on too many occasions to abide by it.
The city allows developers to tack on expensive apartments atop commercial buildings. The developer needs this to be able to justify the cost of development and construction for it allows it to recoup much of the initial capital invested. If the city wants to stop developers from improving the core with newer commercial space, it must allow the developers an opportunity to profit.
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Moreover, it cannot ex post facto take away from the homeowners in question the right to quiet enjoyment by way of the 60-decibel limit in existence when they purchased.
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