HomeMy WebLinkAboutLand Use Case.CU.465 N Mill St.A28-91►-, '^•
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 5 7 9
DATE COMPLETE: a
P RCEL ID AND CASE NO.
131 - oo A28 -91
STAFF MEMBER: LL
PROJECT NAME: A3 North Mill Street Conditional Use Review for a
Satellite Dish
Project Address: /45 North Mill Street
Legal Address:
APPLICANT: Henry's Audio /Video Specialists Ltd.
Applicant Address:
REPRESENTATIVE: Gideon Kaufman
Representative Address /Phone: East Hyman Suite 305
Aspen CO 81611 5 -8166
----------------------------------------------------
AMOUNT PAID $780.
NO. OF COPIES RECEIVED
12 PLAT 0
TYPE OF APPLICATION:
1 STEP: X
2 STEP:
P &Z Meeting Date
Wfi
PUBLIC
HEARING:
YES
NO
/
VESTED
RIGHTS:
YES
NO
CC Meeting Date
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn Bell School District
City Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspector
Envir.Hlth. Roaring Fork Other
Aspen Con.S.D. Energy Center
DATE REFERRED: 5_1 INITIALS:
FINAL ROUTING:
City Atty
Housing
DATE ROUTED:_
City Engineer /Zoning
other:
ITIAL:
_Env. Health
FILE STATUS AND LOCATION:
MEMORANDUR -A,
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
DATE: July 16, 1991
RE: Conditional Use Review for a Satellite Dish
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SUMMARY: The applicant seeks a conditional use review for the
placement of a satellite dish on the premises for business
purposes. Pursuant to Section 24 -5 -211 a satellite dish is a
conditional use in the Service /Commercial /Industrial (S /C /I) zone.
In addition Section 24 -3 -101 outlines specific review criteria
for the establishment of a satellite dish.
Staff recommends approval of the satellite dish in location B.
APPLICANT: Henry's Audio /Video Specialists, Ltd. as represented
by Gidion Kaufman
LOCATION: 465 North Mill Street
ZONING: Service /Commercial /Industrial (S /C /I)
APPLICANT'S REQUEST: Conditional Use review for the installation
of a satellite dish.
PROCESS: A conditional use is a one -step review by the Planning
and Zoning Commission at a public hearing. The proposed location
is not located within an Historic Overlay District therefore review
by the HPC is not required.
REFERRAL COMMENTS: Referral comments were not requested for this
application.
STAFF COMMENTS:
A. Proposal - The applicant proposes to install a 7' diameter dish
with a transparent black mesh cover. The applicant has identified
two sites (please see site plan). Site A, could be screened with
vegetation to reduce the visual impacts while site B would not be
as visually obtrusive for pedestrians, bikers, and drivers. The
height of the dish is proposed to be 3' off of the ground at the
base of the dish and 10' at the top of the dish. If the dish is
located on the building then the top of the dish would be
approximately 7' above the edge of the roof.
B. Conditional Use Review - Pursuant to Section 7 -304 the criteria
for a conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is in;
and
RESPONSE: The purpose of the S /C /I zone is to "allow for the use
of land for the preservation or development of limited commercial
and industrial uses which do not require or generate high customer
traffic volumes." The applicant intends to install a satellite
dish in order to offer services not available in the valley. The
applicant intends to utilize the dish to repair satellite receivers
and to promote the sales of satellite dishes. The continued
operation of this business and the purpose of the dish comply with
the intent of the zone district.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development; and
RESPONSE: The dish is proposed to be located with the City's
service, commercial and industrial zone district. The surrounding
land uses include a bike shop, laundromat, video store, auto
service, ski photo, and printing shop.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
RESPONSE: Pursuant to Section 3 -101 the definition of a satellite
dish provides that the visibility of the dish from the public shall
be reduced to the highest degree practical including, but not
limited to, sensitive choice in placement of the dish, screening
with fencing, landscaping, subgrade placement, or any other
effective means that both screen the dish and does not appear to
be unnatural on the site.
Staff recommends the roof top location of the dish. Site A is too
visible and probably could not be effectively screened. Site A may
also be perceived as public open space and does serve as visual
relief from the hard - surfaced aspect of this very busy corner.
Site B, although projecting higher into the air, may not be as
visible at eye level and could be screened by the existing trees.
Site B would also not intrude into open space.
D. There are adequate public facilities and services to serve
the conditional use including but not limited to roads,
potable water, sewer, solid waste, parks, police, fire protec-
ra
tion, emergency medical services, hospital and medical
services, drainage systems, and schools; and
RESPONSE: The dish has no impacts on public facilities or
services.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The installation of a dish will not require an
additional employee as the employees of Henry's will "handle this
aspect of the business."
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The conditional use complies with all other aspects of
the Comprehensive Plan and the elementeL of Chapter 24 of the
Municipal Code. l\34 nC��
RECOMMENDATION: Staff r co ends approval of the installation of
a satellite dish at Site on top o the roof as presented eq. "
J �
9
NOTICE TO ADJACENT PROPERTY OWNERS
RE: 465 NORTH MILL STREET CONDITIONAL USE REVIEW FOR A
SATELLITE DISH
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, July 9, 1991 at a meeting to begin at 4:30 pm before the
Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130
South Galena Street, Aspen, Colorado to consider an application
submitted by Henry's Audio /Video Specialists, Ltd. requesting
Conditional Use Review approval for a Satellite Dish to be located
at 465 North Mill Street.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920 -5090.
s /Jasmine Tyvre. Vice - Chairman
Planning and Zoning commission
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX,I (303) 920 -5197
May 15, 1991
Gideon Kaufman
315 East Hyman, Suite 305
Aspen, CO 81611
Re: 445 North Mill Street Conditional Use /Satellite Dish
Dear Gideon,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review at a public hearing
by the Aspen Planning and Zoning Commission on Tuesday, June /if,
1991 at a meeting to begin at 4:30 P.M. The Friday before the
meeting date, we will call to inform you that a copy of the memo
pertaining to the application is available at the Planning
Office.
Please note that it is your responsibility to post the subject
property with a sign for the public hearing and mail notice to
property owners within 300
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan,
Office Manager
LAW OFFICES
GIDEON I. KAUFMAN
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST LAYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
May 6, 1991
Ms. Leslie Lamont
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
TELEPHONE
AREA CODE 303
925-8166
FMOS-1090
Re: Conditional Use of Satellite Dish for Henry's
Audio /Video Specialists, Ltd., 465 N. Mill Street,
Aspen, Colorado
Dear Leslie:
Please consider this letter an application for a grant of
a conditional use permit for a satellite dish in the SCI Zone.
Pursuant to §5 -2.12, satellite dishes are conditional uses
within this zone district. My client will be offering
satellite services not available in the valley. The two
previous providers of these services are no longer in business,
and there is a real community need for my client's service.
The dish which is being proposed is a smaller dish. It is
seven feet (7 in diameter with a black mesh cover that can be
seen through. Per our site visit, we have identified two
options for the location of the dish. One location is in a
little yard area, which can be screened by plantings, or we
could put it in the cinder block on the roof. We are happy to
accommodate either location. Our primary concern is to offer
the service, and we would be happy to respond to the most
appropriate location. There are only two locations which are
available. The proposed locations are controlled by the
landlord, and permission has been secured from him for siting
the dish at either site. Both sites have unobstructed views to
the skies in order to contact the satellite as it passes by.
The applicant is Henry's Audio /Video Specialists, Ltd.,
465 N. Mill Street, Aspen, Colorado. Their telephone number is
925 -1110. The address of the satellite dish will be 465 N.
Mill Street. The specific locations are shown on the plats
submitted with this application. I have submitted for your
review a Deed recorded in Book 436 at Page 972, which shows
ownership of the building in the name of the landlord of
Henry's Audio /Video Specialists, Ltd. The landlord, David
Baxter, has consented to this application, as evidenced by the
attached letter.
We feel that conditional use is consistent with the
purposes, goals and objectives of the Aspen Area Comprehensive
Ms. Leslie Lamont
May 6, 1991
Page 2
Plan within the SCI Zone District.
within Aspen that such a use would
Service /Commercial /Industrial Zone
conditional use is consistent and
of the area of the parcel. This i
for this type of use within the Ci
to place it on the roof where it w
a place it in the yard where it ca
the two locations which have been
impacts and any adverse condition.
This is the only place
be appropriate - the
We feel that the
compatible with the character
s the appropriate location
ty limits. Our proposal is
ill not be noticeable, or to
n be screened. We feel that
selected minimize visual
The satellite dish has no impacts on vehicular
circulation, parking, trash, service delivery, noise,
vibrations, or odors on surrounding properties. Likewise, the
satellite dish creates no impact on public facilities or
services.
There will be no additional employees generated by this
existing operation, as existing employees will handle this
aspect of the business. We believe that all other elements of
the Aspen Area Comprehensive Plan, as well as the elements of
the Conditional Use chapter, have been met by this application.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional Corporation
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Gi n Kaufman
GK /bw
Enclosures
Hklv,(Y'S AUDIO VIDEO SPECIALISTS, Lao.
465 NORTH MILL STREET
ASPEN, COLORADO 81611
(303) 925.1110
Pitkin County Planning Offioe
130 S. Galena
Aspen, Co 81611
Gentlemen:
1 i
JUN 2 61991
This letter is to inform you that I authorize Gideon Kaufman to represent us
in our application for a sattelite dish,
w k AA�
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CK mAle
May 7, 1991
Mill Street Venture
C/O FWMC • 1 17 S. SPRING • ASPEN, COLOR Do 81611 • (303) 925 -7323
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
RE: Mill Street Commercial Bldg.
465 N. Mill Street
Gentlemen:
Please be advised that our tenant, Henry's Electronics has permission
to install a satellite receiver dish either on the roof or the lawn
at 465 N. Mill Street. The exact position and method of the install-
ation will be determined by the building owner at the time of the
installation. We request that you grant Henry's this conditional
use.
Respectfully Submitted,
David Baxter
Managing Partner
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APPLIANCE WHOLESALERS, LTD.
465 NORTH MILL STREET
ASPEN, CO 81611 -1596
(303) 925.1110
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A tract of lead situatod in the Northwewt one quarter of the Southwest one -
quarter of Section 7, Township 10 South, Range 84 West of the 6th Principal
Meridaln, described as followst
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Beginning at a point from whence the West one-quarter corner of said Section
7, bears North 19'58'22" West 1124.96 feet, said point being the Southwesterly
corner of tract of land described In Book 177 at page 618;
thence on a curt•@ to the left with a radius of 668.no feat a distance of 222.1
test the chord of which bears South 25'40'02" Namt 221.1 feet, along the Northe
line of a tract of land described in book 276 at page 604;
thence South 66'48'11" East 151 feet along the Northeasterly line of said
tract of land described in Book 276 at lingo 604 to n point on the Northwesterly
line of tract of land described in Book l50 at page 1451
thence North 19'05'07" Past 240.00 feet along maid Northwesterly line to the
most Northerly corner of said tract of land described In Book 180 at page
1451
thence North 10'12'10" West 61.00 feet to the Southeasterly corner of said
tract of land described in Book 177 at page 615:
thence South 84 West 5.00 feet along the Southerly line of said tract
of land described In Book 177 at page 618;
thence South 05'41' East 66.31 feat along the Easterly line of a tract of
land described In Book 291 at page 873;
thence South 84'19' West 95.00 feet along the Southerly line of said tract
of land described in Book 293 at page 8731
thence North 05 West 66.31 feet along the Westerly llne of said tract of
land described In Book 293 at page 871 to a point on the Southerly line of
said tract of land described in Book 117 at page 6181
thence South 84'19' West 203.00 feet along said Southerly line to the Place
of Beginning.
Excepting therefrom, that portion described !n deed, to the city of Aspen,
recorded December 21, 1976 in Book 321 at page 791.
County of Pitkin, State of Colorado.
Pap 2 f4T KNVj% It T I T 1.1.
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— 436 ((j� n
sc.�NM. • 972
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TnisDrrti. M+d.lhio (p dsyer October to 82.
betwr.n Edward II. Daring, Edward W. Writer III, David A.
Baxter and Mountain States 0mitu lications, Inc.
afthe County$ Pitkin and stair of
Colorado, of the first part, and Mill Street 3"ot venture
rheas, logsl addrcw 1s
ltsWltDIOrs STAMP
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editor Countyof Pitkin and stale of
Colorado, of the &I part.
WITNEIIIII . That..-* said part ieMihr llrol P•rl, for anA In eou.ldrratlon of the +um sal
M DOUARS aid other goad and valuable cartsideraticft Jd� ✓� �'
to thr Said part ieS.I lho Sal port In hand Paid by the said par! Y of the Second part. the rer.1pt whereof
is hereby renfroard and acknowledged, haVeremiwd, r.II Sold conveyed and QUIT CLAIIIIII and by thew
prwnlade "raise. "II aell.tenvey and QUIT CLAIM unto the said part Y eflMwrond Part, its hells,
sueceown and wsigno. forever. all the right title. interval. claim and demand which the Said Part ietbf the ant part
he Vein and to the following described lot or parcel of land situate. lying and heing In the County
ad Pitkin and RlateofGlersA.Aawil:
See Exhibit "A" attached hereto aid incorporated
herein.
...,:;.i,1AY FEE
otC 61982
This deed is a cot: -ctive deed given to correct an error in the
name of the Grantee in that certain deed recorded in Book 312 at
Page 635 of the records of Pitkin Canty, Oolorado.
at" known se .lrewt and number
sTATtorCOLORADO, gyt —
Do ! county eve 1PitY.in
for Ina wo St 1 paled dhen rc 1 hie of YOw') day ��
_ ��ree II, � = t David A. Baxter
'. of Motattain States WmRa!ications Inc. p:> (170 oar
M /rmmiwionoepires l� , �S. IyQiAWltnewmyho d a ` ndofeeidwd. : :'V d t Ly'•,•
to
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TO HAVE AND TO HOLD the Same, together with all and Singular the topurtenanews and privileges theriagto
bolo wring er in snowless thereunto appertaining, and all the estate. NgbL title, Inters/ and claim whatawrof, of the
paid part lest the firm part. either In taw or equity, to the only proper use, lar tnl and behoef of the said party of
the aerend part its lwtr and assigns forever.
IN WITNESS WHEREOr. The said part iesf thefiretpsetha her
and Sad IS the day and year first above written.
I
SEALI
i Signed, IleSied and Delivered In the Prcsrnrc of
SEALI
ntte
U&V3n aEALI A.
Secretary — I - - ME
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