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Home My WebLink Aboutlanduse case.boa.330eastmainstreet.kspn.012-76 NOTICE OF PUBLIC HEARING Case No. 76-12 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMEI\'T TO ALL PROPERTY OHNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOH: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public h<2aring will be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such other place as th2 meeting ma: 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, Of~icial Code of Aspen. All persons affected by the proposed v~riance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state. yorrviews 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. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: Time: July 8, 1976 4:00 P.M. Name and addr~f Applicant for Val"iance: Name: Address: Recreation Broadcasting of-Aspen, Inc. (KSPN Radio) 330 East Main Street, Aspen, CO 81611 Locatio!"! or description of nro:p'erty: ._.._._,~""__4_"'~"~':""'-_' __~~.~ Location: Descript ion: 330 East Main Street, Aspen, CO Hotel Jerome V iJ.!23nc~:__)\_eques ted: The appellant proposes to maintain its auxiliary trans- mitting and antenna facility at the Hotel Jerome, 330 East Main, Aspen, CO the location of its studios. The radiating antenna, microwave antenna and PM monitor receiver antenna will be mounted on a IJ.," pipe side mounted to the elevator housing on the roof of the Hotel Jerome. This pipe will extend Duration of Variance: (Pleose cross out one) (please see back) T~'ffl:"-Y Pe1~nl..snent THE CITY OF ASPEN BOARD OF ADJUSTHENT BY u. r n t _"(V'~J.J:L.L~__.__.________._ Chairman ~(J J31~7 N-~ ;kt.~ ,....... r ~)J~j "/~ ? t,J;t$J1/' ~ , .. NOTICE OF PUBLIC HEARING Case No. 76-12 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OHNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOH: 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, Colo- rado, (or at such other place as the meeting ma: be then adjourned) to consider an application filed with thc said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 2/., Official Code of Aspen. All persons affected by the proposed v~riance are invited to appear and state their views, pl:otests or objectio';'Js. If you cannot appear personally at such meeting, then you are urged to state" yorrviews by letter, particularly if you have objection to such variance, as the Board of Adjustment "/.111 give serious. consideration to the opinions of surrounding property o"mers and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance m:e as foll.o'"If'.: Date and Time of }leeting: Date: Time: July 8, 1976 4:00 P.M. Name and sc1c1ress of Applicant for VCl1:ianc~ Name: Address: Recreation Broadcasting of " Aspen, Inc. (KSPN Radio) 330 East Main Street, Aspen, CO 81611 Location or description of r.~:p'crS):.:. Location: 330 East Main Street, Aspen, CO Description: Hotel Jerome Vflricmce Requested: 1 " "" "I" The appel ant proposes to ma~nta~n ~ts aux~ ~ary trans- mitting and antenna facility at the Hotel Jerome, 330 East !<lain, Aspen, CO the location of its studios. The radiating antenna, microwave antenna and PM monitor receiver antenna will be mounted on a IJ.," pipe side mounted to the elevator housing on the roof of the Hotel Jerome. This pipe will extend Duration of Variance: (Please cross out one) (please see back) T-{!fllptrt'ffl:"-)' Permanent THE CITY OF ASPEN HOARD OF ^DJUS'nm~'T BY Lj~d~J1tt.YWJJn Chairman ~(J )31.(J.; 1<1~-1 ~~ :- . .' -' . . '~'~ 2'1 -76 APPEAL TO BOAfm OF ZON I NG ADJUSTr1EtH CITY OF ASPEN Z 745# ****10.00 DATE 6/22/76 CASE NO. APPELLANT Recreation Broadcasting of ADDRESS..2}O East Nain Street, Aspen, Colo. Aspen, Inc. (dba KSPN Radio) PHONE 925-5776 OWNER same ADDRESS same ., LOCATION OF PROPERTY 330 East Nain Street, Aspen, Colorado (Hotel Jerome) (Street & Number of Subdivision Blk, & lot No,) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made part of CASE NO. THE BOA R 0 vII L L R E T U R I~ T HIS A P P LI C A TI 0 N I F IT DOE S NOT CON T A I N ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOI'IWG JUSTlFICP.TlONS: The Appellant proposes to maintain its auxiliary transmitting and antenna facility at the Hotel Jerome, 330 East Hain Street, Aspen, Colorado, the location of its studios. The radiating antenna, micrm..rave antenna and FN monitor receiver antenna '\\1i11 be mounted on a l~" pipe side mounted to the elevator housing on the roof of the Hotel.Jerome. This ~,ipe \<ill extend 4' 11" above the top of the housing (see attachecl diagrar-t). This auxiliary (back-up) facility will allme the Appellant to provide uninterrupted program service, including the dissemination of news, public service announcements, EmergEncy Broadcast System announcements and local emergency announcerrents, to the community during periods when its primary transmitting facility on Red Mountain breaks (:01\7n or is otherwise inoperative. -continued- Will you be represented by counsp,l ? Yes No X_~~~gI~ SIGNED: 7 /~~ . Appl(1lant . PROVISIONS OF THE ZONING ORDINANCE "TO FORWARD THIS APPLICATION TO THE . FOR NOT GRANTING: " REQUIRING THE BUILDING INSPECTOR BOARD OF ADJUSTMENT AND REASON APPLICATION IS MADE POR A VARIANCE TO PERMIT A RADIO ANTENNA TO BE INSTALLED ON THE ELEVATOR HOUSING OP rHE HOTEL JEROME. The top of theeleva.tor housing is approximately 60 feet above the Main Street sidewhlk. The maximum height limit in the CC Zone is 40 feet. Antennas, chimmeys, flues, vents or similar structures shall not extend over ten feet above the specified maximum height limit. Sec. 24-3:7(G) Height Provisions.' Chief Building Inspector Status ~ PERMIT REJECTED, DATE~ APPLICATION FILED_____ DATE J DECISION DATE rr IIEARI NG__ .' , .' APPEAL TO BOARD OF ZONING ADJUSTMENT CITY OF ASPEN Recreation Broadcasting of Aspen, h,c. (dba KSPN Radio) The Appellant requests that the variance be effective for as long as its studios are lo(:aten in the Hotel Jerome and agrees to dismantle and remove the proposed facilioies at such time that the studios are relocated. , .-- l 4' 'ff" L fM l'1o{o/,r,; t? vf'" t'1eC."'.li"".... "-- Af>P~j) -cr"_l"rw ,4....,,~ 'I- .....,r , MICKO.....'."",;: "''''';7 <E-- If' tU: V A1"l>fl. I+n..< s . IV lr (uX>J"~l) 7 H~op,'sn ~JP~ (fv..YIl...I41llL/ tt.-)-n..(l,J"\ Mt:-'l-J,/1 A1PP r\-J rtl.- 'S f:.-IZ-c... (i (,,/1/7 (, --I. ., , r. "",,I" Property owners adjacent to Hotel Jerome.... Mountain States Communication, Inc. (Aspen Times) Box E, Aspen Mill & Main Company Box TT, Aspen Mrs. Svea F. Elisha Box 259, Aspen Bergman, Carl R. & Catherine M. Box 1365, Aspen David G. Sampson Box 1968, Gra nd Jun ction 81501 Reinhard N. Elder Box 222, Aspen ....( .i*." -.."t,.('" t .~ -. :'- '[i.ij,,,_~,..<_.;'~v .t-\~~.1'~;~?:?~~~ ..:r .- (WEST) (EAST) (SOUTHWEST) (SOUTH) (NORTH) NORTHWEST) .___J_ . I, .~ .1 CITY C,F-'ASPEN " I:JO south ;,::aII'H& street aspen, ('ol~}I'ado/' 81611 "".'v'" " March 2, 1976 Mr. Charles Paterson 500 West Hopkins Aspen, CO 81611 Dear Charles, I am enClosing two letters in reference to the KSPN Radio Tower on the Hotel Jerome. I received these letters a couple of days after the February 19, 1976 Board of Adjustment Meeting. Let me know if you would like to have the letters on the next Board of Adjustment agenda. Thank you. Sincerely, iilt 11 f,1<; ~ Libby J. Klym zr Deputy City Clerk encs. 1-- KSPN STEREO 97.7 February 18, 1976 Ms. Sandra Stuller City Attorney City of Aspen Box V Aspen, Colorado 81611 Re: KSPN Tower, Hotel Jerome Dear Sandy: I regret that I was unable to attend the Board of Adjustment Meeting scheduled at 1:00 p.m., Thursday, January 29, 1976, but it was quite impossible since I received Secretary Klym's notice dated January 26th at my Pueblo address about noon January 29th. Please rest assured that it is still the intention of KSPN to remove its auxiliary/stand by tower and antenna from the roof of the Hotel Jerome. This intention has been either expressed or implied on a number of occasions including the March 28, 1974 meeting of the Board of Adjustment; my letter to you dated December 17, 1974; in a conversation with John Dukes at Buttermilk West in Spring, 1975; in a conversation with you at the Jerome Pool in late August, 1975; and in a conversation between Dale Tucker, General Manager, Station KSPN, and Charles Paterson in late November, 1975. We compliment the City on its reasonable approach to the problem in not requiring a variance proceeding if, in fact, the tower is going to be removed. At the same time, we have made at least an informal effort to keep the City advised as to the status of the project. The reasons why the Jerome tower remains after almost two years of discussion are many: (1) my projections of available cash and estimated cost of construction by helicopter on Red Mountain were optomistic; (2) my estimate of the time required for F.C.C. approval was optomistic; (3) there were unforeseen delays in the delivery of equipment and in securing a helicopter not involved in priority service; and (4) our desire to have a reliable auxiliary facility for a period of time. RECREATION BROADCASTING OF ASPEN, INC. BO X 1071 . HOT E L J E ROM E . ASPE N, CO LO R ADO 81611 . (3031 925-3406 With regard to item (4) above, we felt that because transmitting equipment is not intended for high altitude use; because we installed all new transmitting) microwave, remote control and metering equipment on Red Mountain which was not proven for a reasonable period of time; and because of the questionable access to our site on Red Mountain in winter, that it was in the public interest as well as our economic interest to guarantee the community a full-time signal at the expense of having the eye sore on the Jerome for a few more months. We are pleased to report that our facility on Red Mountain has been most reliable and, furthermore, it has increased the coverage area by almost ten fold, including a number of peripheral residential areas (to Aspen) previously not served. After the snow melts in late Spring we intend to make a few modifications and improvements in the Red Mountain facility and modify and/or relocate our auxiliary Jerome facility. At that time we will remove the existing tower from the Hotel Jerome, an event which should take place no later than July 31, 1976. Sin.c~r~~.1~y, /.7 ,~~ Stephen A. Heater I President SAH/am February 20, 1976 Mr. Stephen A. Heater KSPN Radio Hotel Jerome P. o. ';OX 1071 Aspen, Colorado Dear Steve: I am in receipt of your letter dated February 18th. I, of course, cannot authorize an extension of or grant of variance for your tower. You letter has been forwarded to the secretary for the Board of Adjustment. I am sure that you can anticipate further action by the Board. very,truly yours, Sandra M. Stuller City Attorney SS/pk cc: Libby Klym pebruary 13. 1976 Chairman Board of Adjustments City of Aspen Aspen, Colorado 81611 Dear Chairman: Today I read in the Pebruary 5. 1976 Aspen Times that the Board of Adjustments is still involved in the KSPN Radio Tower on the Hotel Jerome. POl' clarification and review I would like the Board of Adjustments to know the following: 1. The Hotel Jerome did not originally know that KSPN was going to erect the tower that they erected on the roof of the Hotel Jerome. 2. On June 28. 1973 I agreed with the Board of Adjustments that this tower should be and would be removed. 3. Immediately following this meeting I notified Steven Heater, manager of KSPN and followed up with a letter September 6. 1973. 4. The Hotel Jerome understands the difficulties logistically involved in the relocation of this tower and the legal problems. 5. We would like to state that we have been very impatient and yet patient but we have always been informed that the Board of Adjustments was more patient then we. There are probably several reasons why the tower has not been removed. but it should be removed now. Please keep me informed and I assure you that all of you have been most patient and I really would like to assist in any way possible. Kin~ regards. \ 7 /V. J n P. .~,t'e. //f1 &~ otel,/Jerome / c/o~lO Ionia JIW G~nd Rapids. Michigan 49502 JPG:mw cc: Steven Heater Mgr.. KSPN " ",.', -- '-' CITY tf"!-P '-..j'E: ~ ~ aspen ,CO!C:::H~(', 8.6n ltSPEN hox v November 17,1975 Stephen A. Heater 2828 W. Northern Ave . Pueblo, Colo. 81005 Dear Mr. Heater: As you recall the Aspen Board of Adjustment has had several discussions with you over the past couple of years regarding the illegal installation of your radio tower on the Jerome Hotel. At the March 28, 1974 meeting you submitted a letter to Chariman John Dukes that indicated you would be able to complete installation of a new transmitter site by September 30, 1974; however, may not be able to begin transmission from that site and dismantle the existing tower until as late as Nov- ember 30th. On December 17th, 1974 you submitted a letter to Sandra Stuller along with a copy of a telegram from F.C.C. that had 9ranted your construction permit to relocate your transmitter and antenna to Red Mountain. In this letter to Sandra you stated you expected to complete construc- tion and commence broadcasting from Red Mountain as soon as the snow melts, in late April of 1975. In the October 30, 1975 Aspen Times an article was written describing your new equipment on Red Mountain. Part of the article stated: "Since first signing on the air in February of 1970,.the station has broadcast from the roof of Aspe~'s Historic Hotel Jerome. That 500 watt transmitter and tower are now silent in favor of the new 3,000 watt installation on Red Mountain. The Jerome equipment will be retained for use on a standby basis in event of equipment or power failure at the at the new site". o ...... ~ Page 2 of 2 Hotel Jerome Radio Tower The Board of Adjustment, I believe, has been quite generous with you in the past in trying to help y6u with your problems; however, if the above statement is true and you in fact plan to retain the Jerome Tower you must promptly obtain a variance. Yours very truly, . ~*t~1 Chief Building Inspector CHMjdc cc: Sandra Stull er Members of Board of Adjustment Certified Letter # 734664 "'-"'~--~"'-'~---'--"-~-"'_. ,..... ......./ -~',.- - , ."J ~ ,-, /,. '( - /,- ~'. f ;? (Nfl P (/1 C 1:.: 7/ // ", r---" I ' , -. :::: J ,--1----- ('({ --- ~ ..J '- SL1-'k ~..~ ~._-~---.:::.:-......_- --~---~~".. ~_ '6 .Q___~~ r ......----------J;--./.--- c; / ~ / ;;. ..--~--~- / " / / -'_~~u' """'. ..... , SIC) ,. I -9VCJ )- Il>/~, r - 3 I - C'-'~ -:-',' '')t'' - fj-::" X -= ~7',,~ --Y -j' ~-, (r .. ( ~' I t- 0 ~ I -/ k-' 10.. \. ~ -'j, d3' \ J , ./