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HomeMy WebLinkAboutminutes.hpc.19950403ASPEN HISTORIC PRESERVATION COMMISSION APRIL 3, 1995 Meeting was called to order by Jake Vickery with Linda Smisek, Les Holst and Roger Moyer present. Martha Madsen was excused. 232 E. MAIN, AMOCO - MINOR DEVELOPMENT John Worcester, City Attorney: I have been reading cases and I am aware that the FCC has passed regulations that make it clear they are preempting the field in terms as to what kind of zoning regulations are allowable for satellite dibhes. There whole intent is to make sure satellite dishes are permitted so that we can go into the information without unduly local ordinances. A case involved the City of Dearborn in which a private residence wanted to build a ten foot diameter satellite on top of a 20 foot mass. I cannot think of anything more obtrusive than that. The courts struck it down saying that the FCC has in fact preempted this field. The only thing you can do with the locality is pass regulations that effect health, safety or aesthetic. But clearly you cannot ban satellite dishes. The federal government will not allow it. Federal court says cities are subject to a federal court law suit claiming damages if the city prevents someone from putting up a satellite dish. That is a concern to me and I am here to answer questions. Les: I talked with someone from Sante Fe and they do not allow them in the core area district. John Worcester: Then they have not read the case yet. You can have reasonable regulations that relate to health, safety and aesthetics such as if the city engineer says the satellite dish will fall on someone in a certain location. The main purpose is to ensure that everyone can put up a receiving satellite dish so that they can join the new era. Jake: Could you not make such as it is OK to put it it is not obtrusive. a requirement for aesthetic mitigation up but you have to find a place where John: It appears that you can have reasonable regulations. Jake: Even though they could hook up to a phone line. John: The FCC wants to make sure if they want to hook up to a satellite that they can even though there are options. The federal government wants everyone to have open access to satellite dishes. Jake: Then everyone can have one regardless of the needs? John: Yes, that is correct. Stan Caluson, Community Development Director: It is similar to a handicapped ramp. This committee could never say that a ramp would not be allowed. You could detail out the balusters or something ASPEN HISTORIC PRESERVATION COMMISSION APRIL 3, 199~ like that in the approval. John: The case was a ten foot diameter satellite dish. If we got an application for a 15 foot dish I could do some more research. Stan: The APA has further information if you need it. Les: Red Mountain does not have satellite dishes that are visible. Jake: This Commission makes findings as to whether things are compatible or not compatible in the historic district and then there is a mechanism for an appeal which would be to Council then the courts. We could deny it and send it to Council and they would override our finding due to legal issues and perhaps allow this thing. Amy: This is a minor application but Jake makes a good point that we have four development review standards and you have to find that all four are met and that it is compatible with the neighborhood and the historic structure. How do they make a finding as they are not met even if legally there is some reason why we cannot deny it. John: You could state that it doesn't meet the standards but that you recognize that the FCC has adopted the regulations and therefore you cannot deny the application. Jake: They would have to follow the sequence of appeals and go to Council. John: There is a document called exhaustion of administrative remedies and they can show that in federal court for whatever reason. I do not want this to go to federal court. Stan: Possible you could set some conditions. Amy: This is the only satellite dish that has come in within the last two years and I feel it would be good to get some information as probably the back yard of Dearborn is not an historic district and we do have aesthetic regulations in our historic districts and I would like to know exactly how far we could go in terms of what we can approve. Jake: The concern is the precedent for the invasion of dishes in theory. Les: I know if someone sees this thing coming up we will start seeing them marching in. The problem with the little satellites coming in is that the cost of the larger ones will go down and they ASPEN HISTORIC PRESERVATION COMMISSION APRIL 3, 1995 will be available. Washington's house somewhere. I know they will not put one next to George in Mount Vernon. There has to some guidelines Amy: P&Z is not going to review satellite dishes as a conditional use, it will be a planning director signoff. John: Le~ me find out what reasonable and unreasonable is and I can have that to you within a week. Jake: Possibly they could propose a screening around it. Roger: Is it going on the east or west end of the building? Jake: West corner. Roger: That corner is not very visible. Amy: I did suggest if there was reflective metal that it be painted out. MOTION: Jake made the motion that HPC approve this application for a satellite dish based on the information and recommendation of the city attorney and this not be a precedent and we seek additional information at a later date on such installation. If there is reflective metal it should be painted out; second by Roger. Motion carries 3 - 1. Les opposed. MOTION: Jake made the motion to adjourn; favor, motion carries. Meeting adjourned at 5:30 p.m. second by Roger. Ail in Kathleen J. Strickland, Chief Deputy Clerk