HomeMy WebLinkAboutLand Use Case.CU.465 N Mill St.A28-91�(�S -64�. North Mill Street Conditional
Use -Satellite Dish Review
2737-073-00-048 A28-91
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 5/7/91 P RCEL ID AND CASE NO.
DATE COMPLETE: Q ?3-)-6i3'00-0q8 A28-91
STAFF MEMBER: LL
PROJECT NAME: North Mill Street Conditional Use Review for a
Satellite Dish
Project Address: Z45 North Mill Street
Legal Address:
APPLICANT: Henry's Audio/Video Specialists, Ltd.
Applicant Address:
REPRESENTATIVE: Gideon Kaufman
Representative Address/Phone:315 East Hyman, Suite 305
Aspen, CO 81611 5-8166
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AMOUNT PAID $780. NO. OF COPIES RECEIVED 12 PLAT 0
TYPE OF APPLICATION: 1 STEP: X
2 STEP:
P&Z Meeting Date PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
CC Meeting Dato PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney
Mtn Bell
City Engineer
Parks Dept.
Housing Dir.
Holy Cross
Aspen Water
Fire Marshall
City Electric
Building Inspector
Envir.Hlth.
Roaring Fork
Aspen Con.S.D.
Energy Center
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HwyDept(GJ)
Other
DATE REFERRED: INITIALS:
-------------------------------------
FINAL ROUTING: DATE ROUTED: j INITIAL:';'`
City Atty City Engineer Zoning Env. Health
Housing other:
FILE STATUS AND LOCATION:
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR
CONDITIONAL USE APPROVAL OF A SATELLITE DISH LOCATED AT 465 NORTH
MILL STREET, ASPEN COLORADO
Resolution No. 91-33
WHEREAS, the Planning and Zoning Commission held a public
meeting July 16, 1991; and
WHEREAS, pursuant to Section 5-211 a satellite dish is a
conditional use review requiring a public hearing; and
WHEREAS, the Planning staff recommended approval of the
satellite dish; and
WHEREAS, the Commission amended the recommendation adding
conditions of approval; and
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby approve the conditional use for a satellite dish located at
465 North Mill Street no further than 24 feet from the building as
represented at the Planning and Zoning Commission meeting with the
following conditions:
a. the dish shall be painted the same color as the building; and
b. there shall be no signs advertising the sale of satellite
dishes; and
c. trees shall be planted to screen the dish.
APPROVED by the Commission at its regular meeting on July 16,
1991.
Attest: Planning and Zoning ommission:
Jan /arney D uty City Clerk Jasmine Tygre, Acting Chair
A
MEMORANDUM U
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
DATE: July 16, 1991
RE: Conditional Use Review for a Satellite Dish
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-
2
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 element of Chapter 24 of the
Municipal Code.
RECOMMENDATION: Staff reco mends approval of the installation of
a satellite dish at Site &, on top o , the roof as r presented on
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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.
slJasmine Tygre, Vice -Chairman
Planning and Zoning Commission
w
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
May 15, 1991
Gideon Kaufman
315 East Hyman, Suite 305
Aspen, CO 81611
Re: 45 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 /*,
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 3001.
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
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE. SUITE 305
ASPEN. COLORADO 81611
GIDEON I. KAUFMAN
May 6, 1991
TELEPHONE
AREA CODE 303
925-8166
$AXaPS109C
Ms. Leslie Lamont
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
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 (71) 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. This is the only place
within Aspen that such a use would be appropriate - the
Service/Commercial/Industrial Zone. We feel that the
conditional use is consistent and compatible with the character
of the area of the parcel. This is the appropriate location
for this type of use within the City limits. Our proposal is
to place it on the roof where it will not be noticeable, or to
a place it in the yard where it can be screened. We feel that
the two locations which have been selected minimize visual
impacts and any adverse condition.
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
By
Gi n Kaufman
GK/bw
Enclosures
H -S AUDIO VIDEO SPECIALISTS, 0
465 NORTH MILL STREET
ASPEN, COLORADO 81611
(303) 925.1110
Pitkin County Planning Office
130 S. Galena
Aspen, CO 81611
Gentlemen:
'.
Q
J 1N 2 61991
;
This lettez is to inform you that I authorize Gideon Kaufman to represent us
in our application for a sattelite dish.
a
,
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4
May 7, 1991
Mill Street Venture
GO FWMC • 117 S. SPRING • ASPEN, COLORADO 8161 1 • (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
el
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A tract of lard situated in the NOrthwvHt one quarter of the Southwest ene-
quarter of Sectlon 7, Township 10 South Range 84 West of t1 /.1 n
le
Herldaln, described as follows: t 1 rincipal
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Beginning at a point from whence the Went one quarter corner of said Section
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7, bears North 39'58'22" West 1124.96 feet, erlid point being the Southwesterly
corner of tract of Innd described in Book 177 at pnge 618;
thence on a curve to the left with a rndlus of 668.00 feet a distance of 222.1
feet the chord of willeh hears South 25'40'02" East 221.1 feet, Along the Northeasterly
line of a tract at land described io Book 276 nt page 604;
thence South 66*48131" Fast 151 feet along the Northeasterly line of said
tract of land described in Book 276 at pnge (104 to a point on the Northwesterly
line of tract of land dercribed in Book isn nt page 345;
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thence North 19'05'07" Fast 240.00 feet along said Northwesterly line to the
most Northerly corner of said tract of land do9crlbed in Book l8n At page
345;
thence North 10*12130" West 63.00 feet to the Southensterly corner cf said
tract of land described in Book 177 at page 618;
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thence South 94*19' West 3.00 feet along the Southerly line of said tract
of land described In Book 177 at page 618;
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thence South 05*41' East 66.33 feet along the Easterly llna of a tract of
land described in nook 293 at page 873:
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thence South 84.19' West 95,00 feet aloitg the Southerly line of said tract
of land described in Book 293 At page 873:
thence North 05*41 West 66.33 feet along the Westerly line of said tract of
land described in Book 293 at page 873 to a point on the Southerly line of
said tract of land described in Book 117 at page 618;
thence South 84.19' West 203.00 feet along said Southerly line to the Place
of Beginning.
4
Excepting therefrom, that portion described In deed, to the City of Aspen,
recorded December 21, 1976 in Book 321 at pogo 797,
County of Pitkin, State of Colorado.VA
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betw..n Fkiward H. Deming, Edward W. Morse III, David A.
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of the County of Pitkin and slate of
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of the County of Pitkin and state of
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WIT%'r tgtCTll. That :.•e said part ies'fthe first part, fl,r and in ronsideralinn of the sum of
M DOLLARS and other good and valuable consideration drill✓.gllU,
to the- said part i041f the first part in hand paid by the said par! y of the second part, the roreipl whereof f)
is hereby confessed and acknowledged, haVISomised, released. sold, conveyed and QUIT CLAIMED. and by thou
presents do remiss, release, sell, convey and QUITCLAIM unto the old part y of tho second part, its hairs, i
I; successors and assigns, forever, all the right title, interest, claim and demand which the said part ieg,fthe first part �)
he Vein and to the following described lot or parcel of land situate, lying and being In the County �I
of Pitkin and Plate of Colorado, to wit:
See Exhibit "A" attached hereto and incorporated
heroin.
,i if FEE
This deed is a eoti.-ctive deed given to correct an error in the
names of the Grantee in that certain deed recorded in gook 312 at
iI Pagta 635 of the records of Pitkin County, Colorado.
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TO HAVE AND TO HOLD tha same, together with all and singular the appurtenances and privileges thorn Umv II
betonging or in anywino thoreunto appertaining, and all the estate, right, title, Interest and claim whatsoever, of the
•e6 said part if the Ant part, either In law or equity, to the only proper use, bent fit and bohoof of the said party/ of
the second part, its hairs and aaalens forever.
IN WITNESS WHEREOr, The said part iesf tha first part he here
and wal s the day and year Ant above written.
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Signed. Sealed and Delivered in the Presence of
SEALI
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Mary - -- AIN 47ICATICNS , r
STATE OrCOLORADO.
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County of Pitkin
he foreg ins twat aekn wled d before me this day of
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• of Mxlntain States Cclmttadcations, Inc. :>;1` blror�da Corp a on�
My commission expire* ,19CL\Witness my hand and official seal.
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