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HomeMy WebLinkAboutcoa.lu.cu.KNFO.225 N. Mill A70-94 2737-073-17-004 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED:09 /02/94 PARCEL ID AND CASE NO. DATE COMPLETE: 9t-, 2737- 073 -17 -004 A70 -94 4 Fm STAFF MEMBER: KJ PROJECT NAME: L-4-41:--Conditional Use for Satellite Dish Project Address: 225 North Mill • Legal Address: APPLICANT: Moss Limited Liability Company Applicant Address: 225 N. Mill REPRESENTATIVE: Sunny Vann 925 -6958 Representative Address /Phone: 230 E. Hopkins Aspen, CO 81611 FEES: PLANNING $ 978 # APPS RECEIVED 2 ENGINEER $ # PLATS RECEIVED 2 HOUSING $ ENV. HEALTH $ TOTAL $ 978 TYPE OF APPLICATION: STAFF APPROVAL:_ 1 STEP: X 2 STEP: P &Z Meeting Date ro/Li PUBLIC HEARING: 40, NO VESTED RIGHTS: NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: City Attorney Parks ;Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other — X - Zoning a /n I Energy Centers J Other DATE REFERRED: X 6,8 INITIALS: DUE: q y FINAL ROUTING: DATE ROUTED: /i L INITIAL: 1 7 6'), _ City Atty City Engineer 4Zoning Env. Health Housing _ Open Space Other: FILE STATUS AND LOCATION: sO■ 1/4 - C I ,rat RESOLUTION OF THE ASPEN PLANNING AND ZONING FOR THE APPROVAL OF A CONDITIONAL USE FOR TWO SATELLITE - DISH ANTENNAS AT 225 N. MILL STREET (LOTS D -I, BLOCK 78, CITY AND TOWNSITE OF ASPEN, AND PART OF TRACT A, ASPEN TOWNSITE ADDITION) Resolution No. 94- WHEREAS, pursuant to Section 24 -5 -212 C.10. of the Aspen Land Use Regulations satellite dish antennas may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of said Section; and WHEREAS, the Planning Office received an application from Moss Limited Liability Company, represented by Sunny Vann, for a Conditional Use review for two 2.8 meter satellite dish antennas to be located on the lower level roof at the 225 N. Mill Street building; and WHEREAS, Zoning staff and the Planning Office reviewed the proposal and recommended approval with conditions; and WHEREAS, due to public input regarding visual impacts during the public hearing on October 4, 1994, the Planning and Zoning Commission decided to schedule a site visit before making a final determination on the application; and WHEREAS, on October 18, 1994, the Planning Commission met at the site and viewed alternative locations on the ground at the subject property. With the agreement of the applicant's representative and neighborhood input, the Commission determined that the two dishes could be successfully located on the ground without interference to parking or pedestrian circulation as located in the attached drawing Exhibit "A "; and WHEREAS, the Commission returned to the City Hall meeting room, the public hearing was re- opened, and the Conditional Use for the two dish antennas was approved by a 5 -1 vote with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission that it approves the two 2.8 meter (approximate) satellite dish antennas at the 225 N. Mill building at the locations shown on attached Exhibit "A" with the following conditions: 1. The dishes shall be painted to reduce their visual impact, subject to approval by the Planning Office. 2. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 1 APPROVED by the Commission at its regular meeting on October 18, 1994. Attest: Planning and Zoning Commission: Jan Carney, Deputy City Clerk Bruce Kerr, Chair 2 D 0 j J j Li MEMORANDUM TO: Planning and Zoning Commission t a � , rt 1 FROM: Kim Johnson, Planner RE: KNFO Conditional Use for Two Satellite Dish Antennas - Public Hearing DATE: October 4, 1994 SUMMARY: The Planning Office recommends approval of the KNFO radio station's Conditional Use for two 2.8 meter satellite dish antennas located at 225 N. Mill Street with conditions. APPLICANT: L & B Broadcasting, LLC, represented by Sunny Vann LOCATION: The dishes will be located on the southwest corner of the building located at 225 N. Mill Street. The specific site is the one story section of the building. Please refer to the site sketch and application information, Exhibit "A ". ZONING: NC Neighborhood Commercial APPLICANT'S REQUEST: The applicant requests Conditional Use for the construction of the two 2.8 meter (9') diameter dishes which will be used for satellite link for a new radio station. The building currently houses KSPN FM radio by virtue of an SPA amendment to allow "radio broadcast station" at this location. PROCESS: The Planning Commission shall make a determination on the Conditional Use for the dish antennae. REFERRAL COMMENTS: Zoning: Planning and Zoning staff visited the site together. Zoning Officer Bill Drueding believes that the visual impact of the proposal will be fairly limited from the residential structures to the west because the dishes are proposed for the one story section of the existing commercial building. The dishes should be painted a deep color which matches the brick or window trim on the building. STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7 -304: 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 proposed to be located. Y Q f 0 to p ' l' ^ � S � s Y L A j y i oi., W N. ) '1 •1 7 y . ' PLANNING j+' tIl 0 ' , Sx$is s t tr t , fr L ggIS 77Lh'..^ l9 . � _.:.. 1 II - i y. . - T ' y i .; -. OZ ry 's t ' - . 1 f ; I — - • I O I • I J4 M I J • N Z i 0 ti _1 J H Z I ' I - i- • .! I 1 W , , W J r Z. I �J 2 o w m r _ I I, W " W �i — . a 1 _—_ obi ml • \_Jr ,• I TTT 1 1!,110 .51 , E p \ n 1 J11 1 On • r ,o • - _ -- 0 n la • rl l \ 1 al 1 I . ■ ✓ 1' 1 r ^ VANN ASSOCIATES Planning Consultants August 31, 1994 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: KNFO -FM Satellite Dish Antennae Conditional Use Review Dear Kim: Please consider this letter an application for conditional use review for two (2) satellite dish antennae which are proposed to be installed at 225 North Mill Street in the City of Aspen (see Exhibit 1, Pre - Application Conference Summary, attached hereto). The antennae are required in connection with the operation of KNFO -FM, a new radio station which will broadcast from the Applicant's Mill Street address. The application is submitted pursuant to Section 7 -302 of the Aspen Land Use Regulations by the Moss Limited Liability Company, the owner of the property (see Exhibit 2, Title Policy), on behalf of L&B Broadcasting, LLC, the owner and opera- tor of the new station. Permission for Vann Associates to represent the Applicant is attached as Exhibit 3. A list of property owners located within three hundred (300) feet of the property and an executed application fee agreement are attached as Exhibits 4 and 5, respectively. Project Site As the accompanying improvement survey illustrates, the Applicant's property consists primarily of Lots D, E, F, G, H and I, Block 78, City and Townsite of Aspen. The property also contains an adjoining triangular parcel of land which is part of Tract A of the Aspen Townsite Addition. The property contains approximately eighteen thousand four hundred and fifty (18,450) square feet of land area, including the adjoining triangular parcel, and is zoned NC, Neighborhood Commercial, Specially Planned Area. Existing man -made improvements to the property include a two (2) story brick building and a paved parking area. Background On September 14, 1992, the City Council approved an amendment to the existing SPA approval for the property which permitted the location and operation of a "radio 2 30 Eas: Hopkins Avenue • Aspen. Colorado 81611 • 303/925 -6958 • Fax 303/920 -9310 c Ms. Kim Johnson August 31, 1994 Page 2 broadcast station" within the existing building located thereon (see Exhibit 6, Ordi- nance No. 55 -92). Radio station KSPM -FM was subsequently relocated to the building, and presently operates from studios located therein. As discussed in the attached letter from Charles Moss (see Exhibit 7), KNFO -FM, a new news /talk/sports radio station, has been licensed to operate in the Roaring Fork Valley. The new station will broadcast a variety of national and local news, sports and issue oriented programs twenty -four (24) hours a day, three hundred and sixty - five (365) days a year. The station's nationally produced programming is transmitted via various satellites and, by necessity, must be received by satellite dish antennae. Live local programming, however, will originate from the studios of KSPN. Proposed Conditional Use Separate dishes are required for each satellite in the national system from which programming is received. Two (2) such dishes will be required to receive the programming which is proposed for the new station. The dishes measure approxi- i 14 1 mately 2.8 meters, and are proposed to be located on the southern side of the a ` existing building at the western end of the building's ground floor roof. In this location, the dishes will be partially screened from view by the building's second floor and the existing trees which are located adjacent to the building's south elevation. The proposed location is also sufficiently removed from Mill Street so as to minimize adverse visual impacts. As noted in Mr. Moss' letter, the two antennae can be further screened in the event required provided that the screening does not interfere with the front of the dishes. The dishes may also be painted any color except black. The Applicant will agree to provide additional screening and/or paint the dishes should the Planning and Zoning Commission determine such measures to be necessary to further reduce visual impacts. Given the location of the two antennae on the building's first floor roof, the height of the dishes will be well within the NC zone district's maximum height requirement. Pursuant to Section 5- 213.D.7. of the Regulations, maximum building height is limited to twenty -eight (28) feet. As you know, antennae may exceed this requirement by as much as ten (10) feet. It should also be noted that the approved SPA plan for the property does not include a side yard setback on the south side of the existing building. The adjacent, undevel- oped alley essentially serves as a side yard for the building. The placement of the dishes on the south side of the building's first floor roof, therefore, will not violate the zone district's side yard setback, as no setback is in fact required. The proposed location of the dishes complies with all other applicable dimensional zone district requirements. Ms. Kim Johnson August 31, 1994 Page 3 Review Requirements Pursuant to section 5- 213.C. of the Regulations, satellite dish antennae are a condi- tional use in the NC zone district. As a result, the proposed antennae are subject to the review and approval of the Planning and Zoning Commission. The specific review criteria for conditional uses, and the proposed antennae' compliance with these criteria, is summarized below. 1. "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 proposed to be located." As noted previously, a radio station is a use permitted by right on the Appli- cant's property. Satellite dish antennae are commonly utilized in connection the operation of a radio station. As a result, the proposed conditional use is consistent with the approved use of the property and with the property's underlying zone district. 2. "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 vicinity of the parcel proposed for development." The proposed satellite dish antennae are consistent and compatible with existing land uses in the immediate site area. The Trueman neighborhood commer- cial complex, and the Jerome Professional building, are located immediately north and south of the property, respectively. These two structures contain a variety of commercial and office uses which are both consistent and compatible with the operation of a radio station and its associated satellite reception devices. • 3. "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." The proposed antennae have been located so as to minimize adverse visual impacts. The placement of the two dishes on the building's first floor roof will have no affect on the building's existing parking or pedestrian and vehicular circulation. No obnoxious noise, vibration or odor will be generated which adversely affect surrounding properties. In the event required, the Applicant has agreed to screen and/or paint the dishes to further reduce perceived visual impacts. 4. "There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, 1\ Ms. Kim Johnson August 31, 1994 Page 4 police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools." The proposed satellite dish antennae will have no impact upon the above public facilities and services. 5. "The Applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the condition use." As no additional employees will be generated by the proposed antennae, no affordable housing is required. 6. "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." To the best of our knowledge, the proposed satellite dish antennae comply with all applicable requirements of the Aspen Land Use Regulations. No additional requirements are believed to be imposed on such uses by the Aspen Area Community Plan. Should you have any questions, or require additional information, please do not hesitate to call. Your prompt attention to this matter would be sincerely appreciated. Yours truly, V ' ASSOCIATES • Sunny .nn, AICP SV:cwv Attachments c \bus \city.app \app26494.cu t) x - - EXHIBIT 6 7 ORDINANCE 55 C SERIES 1992 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SPECIALLY PLANNED AREA (SPA) USE VARIATION IN A NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT FOR A RADIO BROADCAST STATION LOCATED AT 225 NORTH MILL STREET, LOTS D,E,F,G,H, & I, BLOCK 78, TOWNSITE OF ASPEN, COLORADO WHEREAS, Section 24 -7 -804 D.2. of the Aspen Municipal Code provides that variations to uses allowed in underlying zone districts shall be processed according to the Final Specially Planned Area (SPA) Development Plan review criteria; and WHEREAS, "Broadcast Station" is not listed as a permitted use in the Neighborhood Commercial (NC) zone district; and WHEREAS, Charles Moss submitted an application for an SPA variation to the permitted uses in the underlying Neighborhood Commercial (NC) zone at 225 N. Mill Street, which is overlaid by ( an SPA designation, to allow a radio broadcast station to occupy a portion of the structure; and WHEREAS, the Planning Office and the Engineering Department reviewed the request and recommended approval of the Use Variation; and WHEREAS, the Planning and Zoning Commission heard the request at a regular meeting on August 4, 1992 and by a 5 -0 vote forwarded a recommendation for approval to the City Council; and WHEREAS, the Aspen City Council having considered the Planning Office's recommendations and the review standards as set forth in Section 24- 7- 804(B) of the Municipal Code does wish to grant the requested SPA Use Variation for 225 North Mill Street, finding that the use serves the "neighborhood" of Aspen and the office character 1 may' ✓ of the station is in harmony with the rest of the site and surroundings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That is does hereby grant an SPA Use Variation to the permitted uses in the Neighborhood Commercial zone district for a radio broadcast station located at 225 N. Mill Street, subject to the conditions as set forth below. Section 2: The conditions of approval for the SPA Use Variation are: 1) The variation to use shall be specified in the SPA Agreement and indicated on the Final Development Plan. 2) Various conditions of previous approvals (GMQS Exemption, Conditional Use, Insubstantial SPA Amendment, and Condominiumization) must be met. 3) The applicant must receive permits from the Streets Department for any work done within public rights -of -way. 4) All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 5) Upon approval of-a final development plan, the applicant and city council shall enter into an SPA Agreement binding the real property to any conditions placed on the development 2 order approving the final development plan. 6) Within 180 days of approval by City Council, the final development plan and SPA Agreement must be recorded with the Pitkin County Clerk and Recorder. Failure to do so will render any approvals invalid. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the /3 day of d li uv1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by 3 the City Council of the City of Aspen on the a day of 1992. John ennett, Mayor Kathryn Koch, City Clerk ,/ F NALLY, adopted, passed and approv this QQ /'7` day of 1992. /J / John ennett, Mayor ' E A S / /�-- Ra.thry•/ . Koch, City Clerk • 4 EXHIBIT 7 THE B.S. MOSS ENTERPRISES INC. • 225 NORTH MILL STREET / ASPEN, CO 81611) (303) 925 -4550 / FAX: (303) 925 -7503 August 22, 1994 To whom it may concern: I am writing to give you some details on KNFO -FM, a new news/talk/sports radio station in the Roaring Fork Valley. KNFO plans to broadcast a variety of news and issue oriented long form programs as well as CBS news every hour on the hour, 24 hour per day, 365 days per year. In addition, we intend to broadcast various locally produced features throughout the day. The aim of these features will be to provide information which is important and otherwise unavailable to residents of the valley. We plan to include weather updates (local and national), ski conditions, rafting conditions, road conditions, financial news, health related news, travel updates for major cities and other destinations (including Denver), and other useful information. In addition to our national news coverage and local features programming, we will provide extensive local news coverage. The news department will be geared towards providing accurate, unbiased, detailed coverage of all local issues, throughout the valley. Local newscasts will be broadcast with great frequency throughout the day. KNFO also plans to broadcast play by play coverage of sporting events of local interest. These currently include the Colorado Rockies, the Denver Broncos, the Denver Nuggets, and the CU Buffaloes. Through our CBS Sports affiliation, we will also provide play by play coverage of events such as the Superbowl and the World Series. We also plan to provide coverage of local sporting events such as softball and volleyball leagues, as well as high school sports. This type of national and local programming (CBS News, national sports, Denver sports, local sports, etc.) can be delivered by two methods. The first is by telephone. This method decreases sound quality to a level which is problematic for our listeners. Telephone reception is also cost prohibitive, as it would require the installation of six to twelve dedicated telephone lines, which would have to operate 24 hours per day, 365 days per year. The only other option, which is economically viable and provides superior sound quality to our listeners, is to receive the programming via satellite. This is a commonly used system for radio stations CRITERION arL.°4 4 ,0 0 4_ " 6 po , • red ��N • NEW YORK ASPEN ROARING FORK VALLEY across the country. It is also a system which is becoming more prominent as a communication method on the "information highway." In this system, a separate satellite dish is required for reception of each satellite (C5, G4, S2, etc.). In this case, all of our sports programming is received from the satellite Galaxy G4, while all of our news and talk programming is received from satellite Satcom C5. Because of the way the system works, there is no way to avoid using two dishes, as the two main sources are at different points in the sky. To conserve space and keep the number of dishes to a minimum, we have made a concerted effort to receive our programming from the smallest number of sources. In short, with the exception of sports, we have limited our source to Satcom C5. While this did require some programming compromises on our part, it means that we will only require two satellite dishes, as opposed to a possible number of three or four. To reiterate, satellite delivery is the only viable method of delivery for any of our non - locally produced programming. We believe that this programming will provide currently unavailable information to all residents of the Roaring Fork Valley. Again, we have made considerable compromise to insure that the number of dishes required can be kept to a minimum. We have also conducted numerable studies, through our consulting and chief engineers, concerning the location of the dishes. Because of wiring requirements, the dishes cannot be mounted at a remote location. They must reside at 225 north mill street. To alleviate visual problems, the dishes can be screened in any manner, as long as the screening does not interfere with the front of the dish. Also, the dishes can be painted any color except black. This includes any type of camouflage which would help hide the dish. We are willing to screen he dishes in any appropriate fashion. Thank you for your consideration in the matter. Sincerely, Charles B. Moss, III KNFO -FM cc: Charles B. Moss, Jr. Lynn Scott 2 , c-Le C PUBLIC NOTICE RE: KNFO -FM CONDITIONAL USE REVIEW FOR A SATELLITE DISH NOTICE I8 HEREBY GIVEN that a public hearing will be held on Tuesday, October 4, 1994 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Moss Limited Liability Company, 225 N. Mill St., Aspen, CO, requesting approval of a Conditional Use Review for satellite dishes for a new radio station. The property is located at 225 N. Mill St.; Lots D - I, Block 78, City and Townsite of Aspen, and an adjoining parcel of land which is part of Tract A, Aspen Townsite Addition. For further information, contact Kim Johnson at the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5100. s /Bruce Kerr, Chairman Planning and Zoning Commission ?An V h 6661kg EXHIBIT 1 City of Aspen Pre- Application Conference Summary Planner / .S `3ait Project L 4 l) W 7�� CAS i�•� =[ Y� Cone m!), I ak Applicants Representative ' ,i.H_..._ Representative's I'Itone v,r_6q, Owner's Namc Type of Application Description of the pro)e ii1ik elopmcnt being requested - �,/ at o r The applicant has been requested Io respond to the following items and provide the following reports: Lnncl Use Cude Section C is }316e I Iteferrnl Agencies The review is: ' &7. onl (CC only) (I' &Z and CC) Public hearing: (nu) �7 7O q Deposit for the Application It w: / Referral agency Oat fees: '1'OTAI,DEI'OSI'1' y (Additional hours ar diced at a rate of $IG:Hhr.) '1'o Apply Submit I ltc Following Information: Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which also states the name, address and teleIphone number of the representative. 4. 'total deposit for review of the application $ e) . 5. 2 copies of the con pleie application packel and maps. 6. Snnum ry Idler explaining the request (existing co nlitions a proposal uses), including street address and legal description of the property. 7. An 8 1/2" by 11" vicinity map locating the parcel within the Cily of Aspen. 8. Site plan shall include properly boundaries, lot size, proposed access, and physical features (drainageways, streams, rivers, etc.) 9. spews on CP,AC- 10. 'I'ltese items need to be submitted if circled: a. List of adjacent property owners within 300 feet of the subject property with addresses. b. Site photos. c. Proof of Icgal access to the parcel. d. historic Preservation Commission review /approval. • `'. EXHIBIT 2 ;ommonwealth® and Title Insurance Company SCHEDULE A- OWNER'S POLICY POLICY NUMBER AMOUNT OF INSURANCE POLICY NUM NUMBER DATE OF POLICY $ 2.000.00 6527 6/3/92 W 4:01 P.M. AAME OF INSURED: MOSS LIMITED LIABILITY COMPANY OF ASPEN A WYOMING LIMITED LIABILITY 3OMPANY THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DAT LIMITED LIABILITY MOSS LIMITED LIABILITY COMPANY OF ASPEN, A WYOMING COMPANY . THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED ASE FOLLOWS: A PART :HEREOF. PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MAD PITKIN COUNTY TITLE, INC. Ct %41 0, / / 601 E. HOPKINS AVE. 1611 ./ i' 601 E. COLORADO (3031 925-1766 Co tersigned A horized Agent THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. © Commonwealth®C Land Title Insurance Company POLICY NO. 128 - 035099 CASE N0. PCT -6527 EXHIBIT "A" LEGAL DESCRIPTION All of Lots D, E, F. G, H and I in Block 78 of the City and Townsite of Aspen according to the Official Plat recorded as Reception No. 109023 in Drawer 3. Together with an adjoining triangular parcel of land. being a part of Tract A of the Aspen Townsite Addition in Section 7. T. 10 S., R. 84 W. of the 6th P.M. more particularly described as follows: Beginning at a point where line 4 -5 of the City and Townsite of Aspen intersects with the Easterly line of Block 78 as it runs along the Westerly line of Mill Street; Thence Northwesterly along said line 4 -5 of Aspen 185 feet, more or less, to the intersection of line 4 -5 with the Northerly line of Block 78 as it runs along the Southerly line of Hallam Street; Thence Easterly along the projected said Northerly line of Block 78, 155 feet, more or less, to the projected Northeasterly corner of Block 78: Thence Southerly along the Easterly line of Block 78 as it is projected along the Westerly side of Mill Street 100 feet, more or less, to the point of beginning. Except any portion of said triangular parcel lying South of the Southerly boundary line of Lots A through I, Block 78, extended Easterly to Mill Street. AND A parcel of land situated in the SW 1/4 of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as follows: Beginning at a point on the Westerly line of the Mill Street right -of -way whence the West 1/4 corner of said Section 7 bears N 26 °39'14" W 1724.04 feet: Thence S 20 °16'00" W 86.72 feet; thence N 14 °50'49" E 86.33 feet along the Easterly line of Block 78, City of Aspen; thence S 75 °09'11" E 8.19 feet to the point of beginning. Except any portion thereof being a part of the right -of -way for Mill Street. CONTINUED • Commonwealth ®'C ® • • Land Title Insurance Company POLICY NO. 128 - 035099 CASE NO. PCT -6527 EXHIBIT "A" - -LEGAL DESCRIPTION-- CONTINUED -- AND A perpetual non - exclusive easement and right -of -way for purposes of ingress and egress over the following described real property: A parcel of land situated in the SW 1/4 of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as follows: Beginning at the point of intersection of line 4 -5 of the Aspen Townsite with the Northerly line of Block 78, City of Aspen. whence the West 1/4 corner of said Section 7 bears N 22 °15'02" W 1618.85 feet; Thence S 75 °09'11" E 157.76 feet along the Northerly line of Block 78, City of Aspen; Thence N 69 °44'00 W 157.05 feet; Thence S 20 °16'00" W 14.90 feet to the point of beginning. AND A trail easement situated in the SW 1/4 Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, being 5 feet on each side of the following described centerline: Beginning at a point on the line between Lot 1 and Lot 2 of the Trueman Neighborhood Commercial Project, whence the West 1/4 corner of said Section 7 bears N 24 °33'28" W 1355.04 feet; Thence S 05 °00'00" W 30.00 feet: Thence 82.61 feet around a curve to the left having a radius of 400.00 feet; thence S 06 °50'00" E 73.00 feet; Thence 54.02 feet around a curve to the left having a radius of 49.00 feet; Thence S 70 °00'00" E 25.00 feet; Thence 15.71 feet around a curve to the right having a radius of 15.00 feet; Thence S 10 °00'00" E 28.48 feet to a point on the North line of Block 78. City of Aspen. Colorado. COUNTY OF PITKIN, STATE OF COLORADO. • ® Commonwealth® C Land Title Insurance Company • SCHEDULE B- OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT -6527 6/3/92 @ 4:01 P.M. 128 - 035099 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies. conflicts in boundary lines, shortage in area. encroachments. and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereto - after furnished. imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriz- ing the issuance thereof: water rights, claims or title to water. 6. Taxes for the year 1992 not yet due or payable. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded in Book 185 at Page 69. 8. Terms, conditions, obligations, restrictions and easement as set forth in Agreement. Grant of Easements and Conveyance of Real Property, recorded March 7, 1977 in Book 325 at Page 520. 9. Easement for utility purposes granted to the City of Aspen, recorded September 1, 1978 in Book 354 at Page 7. EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HEREBY OMITTED. EXHIBIT 3 August 31, 1994 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Johnson: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent us in the processing of our application for conditional use review for two satellite dish antennae which we propose to install at 225 North Mill Street in the City of Aspen. Mr. Vann is hereby authorized to act on our behalf with re- spect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, .t1 Winn ha es B. Moss L&B Broadcasting, LLC 225 North Mill Street Aspen, CO 81611 (303) 925 -4550 SV:cwv c:Wus\city.Itnitr26494.kj 1 PITKIN COUNTY TITLE, Inc. EXHIBIT 4 Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925 -1766 ADJACENT OWNER'S STATEMENT P.i t.h.i,n, County T.i tte, Inc., a dwiy ti.cen.eed TL tte 1n2unan.ce Agent i n. the State o4 Co1on.ado hen,eby cent.L6.Le6 the 4ottowin.g L.4 a cuvvtent &t o4 adjacent pn.o p ent y own.en.' 4 w-ith.i.n. -three hu.n.dned 4 ee-t o4 loth E, F, G, H, E I, block 78, City and Town s-i to o4 AApen, a4 obtaLn.ed 6n.om the moat cuivicent P- Lth -Ln, County A44e44on4 Tax. Rott6. NAMES AND ADRESSES BRIEF LEGAL DESCRIPTION PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF. . Act ri-jf AUTHORIZED SIGNATURE ,, ALLEN H. ADGER JEROME PROF, UNIT 1 -G SUITE 106 201 NORTH MILL ST. ASPEN CO 81611 CHARMAINE ANDERSON LE VOTAUX CONDOS, UNIT 1E2 BOX 1278 NEWPORT BEACH CA 92659 CITY OF ASPEN RIO GRANDE PROPERTY 130 S. GALENA ASPEN CO 81611 DEBORAH D, WRIGHT JEROME, UNIT 1 -F 232 SAINT ANDREWS SAINT SIMONS IS. GA 31522 DRACO INC. PARCEL A, 7 -10 -84 210 NORTH MILL ST. ASPEN CO 81611 FERENC E MIRTE BERKO LOTS C,D,E,EEF, BLK 72 P.O. BOX 360 ASPEN CO 81612 HERBERT S. E MARSHA KLEIN JEROME PROF., 2- F,G,EI SUITE 101 201 N. MILL ST. ASPEN CO 81611 HONDO PARTNERS INC. LOTS R E S, BLK 71 SUITE 450 4040 BROADWAY SAN ANTONIO TX 78209 HOTEL JEROME LOTA A - >S, BLK 79 330 EAST MAIN ST. ASPEN CO 81611 J.E. ABELS MONARCH NORTH CONDO,UNITIE2 BOX 4707 ASPEN CO 81612 JOAN ENID LIGHY LOTS G,H,EI, BLK 72 733 13TH ST. BOULDER CO 80302 JOSEPH AMATO LOTS K E L, BLK 71 P.O. BOX 503 HIGHLAND HILLS NY 10930 JOSEPH E. EDWARDS JR JEROME PROF., UNIT 1 -I SUITE 109 201 NORTH MILL ST. ASPEN CO 81611 KARL E MADELEINE LARSON JEROME, 1- B,2-K,2 -E,2 -1 SUITE 101 201 N. MILL ST. ASPEN CO 81611 NELS REINHARD E JANET C. ELDER LOTS K,L,M,N,EO, BLK 78 202 NORTH MONARCH ST. ASPEN CO 81611 PHILIP R. E PATRICIA H. HODGSON LOTS A,B,EC; BLK 78 212 N. MONARCH ST. ASPEN CO 81611 PITKIN COUNTY LOTA A - >I, BLK 86 506 EAST MAIN ST. ASPEN CO 81611 S E A EQUIPMENT CO. JEROME PROF., UNIT 1 -A SUITE 101 201 NORTH MILL ST. ASPEN CO 81611 SHERRY RYAN JEROME PROF., 1- C,1 -0,1 -E 715 W. MAIN ST. ASPEN CO 81611 THOMAS C. HILL £ JOSEPH B. KRABACHER JEROME PROF., 2A,B,C,D,E E SUITE 201 201 N. MILL ST. ASPEN CO 81611 TRUEMAN ASPEN SMPANY 'LOTS 1 E 4, TRUEMAN NEIGH 4355 DAVIDSON RD HILLIARD OH 43026 U.S. POST MASTER LOT 2, TRUEMAN NEIGHBORHOOD ASPEN CO 81612 WILLIAM G. RRUMDER LOTS N,O,PEQ, ELK 72 2054 FIRST WISCONSIN TRUST CO. MILWAUKEE WI 53201 WILLIAM G. PARZYBOK LOTS R E S, ELK 72 13617 160TH AVE. NE REDMOND WA 78052 EXHIBIT 5 ASPEN /PITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Development Application Fees ' ,�/ CITY OF ASPEN (hereinafter CITY) and l6S5 o'-M' "U� r� (hereinafter APPLICANT) AGREE AS FOLLOWS: /-/ e 1. APPLICANT has submitted to CITY an application for ‘u//7/%/ G oS4 /rat-T (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs . to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and /or City Council to enable the Planning Commission and /or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of applicgo completeness, APPLICANT shall pay an initial deposit in the amount of $`�" which is for hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT Il „► g 40. - tn r ' (wr e5 (3.1/ Diane Moore an Ad' ress: 7 2 AJ, m ItI City Planning Director k/L! I Date: k3'' q`I 2