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HomeMy WebLinkAboutLand Use Case.CU.209 S Galena St.27A-86Zoe S C-Jev, .S�. -Z7A-r96 BLpcK - &TELLITE DISH 198E .. 6JlLDIOca 5Ptl MEMORANDUM TO: Aspen Planning and Zoninc Commission FROM: Steve Burstein, Planning Office RE: Wheeler Block Building Satellite Dish Conditional Use (Public Hearing) Parcel ID# 2.737-073-39-012 DATE: August 29, 1986 LOCATION: 209 S. Galena ZONING: Commercial Core (Historic Overlay District) APPLICANT'S REQUEST: The applicant, Bill Hewitt, requests conditional use approval to install a 9 foot diameter satellite dish antenna on top of the Wheeler Block Building. APPLICABLE SECTION OF CODE: Satellite dishes are a conditional use in the Commercial Core zone district. Section 24-3 .7 (p) states the criteria by which a satellite dish antenna shall be reviewed as follows : "(1) The installation of a satellite dish antenna shall not cause a violation of area and bulk requirements within the zone (unless a variance therefor is granted by the board of adjustment) . (2) A satellite dish antenna shall not be placed on an easement or in the city right-of-way (unless an encroachment permit can be secured) . (3) The installation of a satellite dish antenna shall not cause any increased danger to neighboring property in the event of collapse or other failure of the antenna structure. (4) The visibility of the dish from the public way 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." The dish is also an improvement subject to review by the Historic Preservation Committee pursuant to Section. 24-9.10 of the Municipal Code. PROBLEM DISCUSSION: Criteria (1) and (2) of Section 24-3.7 (p) are satisfied as the dish would not exceed the 40 foot height limit (714" on top of a 30 foot roof) or other Area and Bulk requirements, nor 1 0 0 would it be located on public right-of-way. In addition, the En- gineering Department verified that the satellite dish would not protrude into the Main Street Viewplane and therefore no viewplane review is required. The main concerns to the Planning Commission are criteria (3) , the structural stability of the antenna to ensure that it should not fall down and damage neighboring property and (4) , visual impacts from the public way. The applicant has submitted engineering specifications on the method by which the antenna will be secured to the roof of the building. The Building Department should be satisfied with the structural stability prior to issuance of a Building permit and final inspection for a Certificate of Occupancy.. A perspective study was conducted by the applicant to demonstrate the extent of the satellite dish's visibility from nearby streets. It appears that the dish will be moderately visible from Hopkins Street and the Hyman Avenue Mall, and not at all visible from Galena Street. The placement of the satellite dish to the rear of the building would reduce visual impacts from most streets. Additionally, the dish will be made of a perforated black/dark gray metal, which should look similar to other rooftop mechanical equipment and less obtrusive, in staff's opinion. A letter of objection was received by the Planning Office from Albert Kern representing the owner of the 422 E. Hyman Building (attached) . It appears that the dish will be more visible from adjacent buildings and may be of particular concern to upper story tenants. However, the review criteria states "visibility of the dish from the public way." HPC granted final review approval at a public hearing on August 26, 1986. The approval was subject to the condition that the applicant shall agree to add screening within 30 days after its erection if at that time HPC deems that it is necessary. A low fence or shrubery were discussed conceptually. The Committee was mainly satisfied that the dish would not have adverse visual impacts on the historic character of the Wheeler Block Building and the downtown area. Staff believes that, given the willingness of the applicant to adhere to the screening condition of HPC, this is an appropriate (if unusual) condition for your approval. PLANNING OFFICE RECOMMENDATION: The Planning Office recommends that P&Z grant the requested conditional use to install a satellite dish antennae on top of the Wheeler Block Building subject to the condition that the applicant shall agree in writing to add screening of the satellite dish within 30 days of its erection as required by the Historic Preservation Committee if determined by that Committee that screening is necessary. SB.7 2 E MEMORANDUM TO: City Attorney City Engineer FROM: Steve Burstein, Planning Office RE: Wheeler Block Building Satellite Dish Conditional Use Parcel ID#2737-073-39-012 DATE: August 4, 1986 Attached is an application submitted by Bill Hewitt, on behalf of Levant America S.A. , requesting conditional use approval to install a satellite dish on the roof of the Wheeler Block Building at 209 S. Galena Street, Aspen, Colorado. There are visual materials depicting the proposed locatin and mount for the dish available in the Planning Office which can be borrowed if needed. Please review this application and return your referral comments to the Planning Office no later than August 19th, in order for this office to have adequate time to prepare its presentation at a public hearing on September 2nd. Thank you. i�O IN 3 w 1 ,P v / O 1 a 0 0 xw � T J � � k � • CERTIFICATE OF NAILING I hereby certify that on this day of , 198 a true and correct copy of the attached Notice f Public Hearing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list oAr adjacent property owners which was supplied to the Planning Office by the applicant in regard to the case named on the ,aforementioned public notice. I LCU'4� Jan Lynn Rack k 0 • PUBLIC NOTICE RE: WHEELER BLOCK BUILDING SATELLITE DISH CONDITIONAL USE Parcel ID#2737-073-39-012 NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 2, 1986, at a meeting to begin at 5: 00 P.M. before the Aspen Planning and Zoning Commission, in City Council Chambers, 1st Floor, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Bill Hewitt on behalf of Levant America S.A., requesting conditional use approval to install a satellite dish on the roof of the Wheeler Block Building at 209 S. Galena Street, Aspen, Colorado. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena, Aspen, Colorado 81611 (303) 925-2020, ext. 223. s/C. Welton Anderson Chairperson, Aspen Planning and Zoning Commission City of Aspen Account. Published in the Aspen Times on August 7, 1986. N.8 ,jVjP-AnW 00 CONSULTING a STZXTURAL To whom it may concern: Re: LAUX.BETA-9 SATELLITE ASSEMBLY . • June 5, 1985 The Laux Beta-9 satellite assembly and 120 mph wind loading kit as detailed in the following drawings(*) has been analyzed and is hereby certified to with stand 120mph wind loading. The Laux Beta-9 satellite assembly is a 9'-0" diameter dish made of 8 steel metal petals. The petals are bolted together and attached by means of 8 steel struts to a 1/4" thick support ring. The 120 mph kit consists of high -strength bolts in critical locations along with a wind stabilizer clamp and braces. SINCERELY ames B. Marting P.E. (*)Drawing List: 06-45-D,06-46-E, 06-47-F, 06-60-D or 06-20-A, 06-69-A, 06-70-A, 06-76-A or 06-77-A, 06-78-B, 06-79-B. WINp SPP-£D #P600f &#IbIN& ARM S#SM 4&4,0 &� 30' AVW C� ,Asa La s 1.20 M P14 S-s")La c g s sFGJyeE� �% �X V; '/y" - S77At x y sr,r& Aar rl n To / /y k !! * xo23 /D A �d PLyw000 TR J ss r S RR#I BOX 71A NELSON Rd AURORA) INDIANA PL/YT A1001 Phv,t y� M�t� s RIfiS�rt•rs�v cd,�sr��.r� ,�/ 812 - 9 26 - 2903 FORM NO. C- Colorado Regionon Form 342 ALTMOwners Policy — Form B — 1970 Amended 10-17-70 POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage, not exceeding the amount of insurance stated in Schedule A. and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Transamerica Title Insurance Company By President By Secretary AMj% SCF*JLE OF EXCLUSIONS FROM OERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or dam- age hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebted- ness secured by a purchase money mortgage given by a pur- chaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litiga- tion consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in case knowl- edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as un- marketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appro- priate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the pro- visions of this policy, the Company may pursue any such litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been de- termined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. Continued on Front of Back Cover FORM NO. C-5000-1 FOR USE WITH COLORADO REG-6MERICAN LAND TITLE ASSOCIATION OWNER'S ICY-►ORM R- 1970 (AMENDED 10-17.70) SCHEDULE A Amount of Insurance $ 580, 000. 00 Date of Policy February 8, 1985 3:31 P.M. 1. Name of Insured: LEVANT AMERICA, S.A. Policy No. 7303740 Sheet 1 of 3 _ 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: LEVANT AMERICA, S.A. FORA_ NO. C-6000-2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B-1970 (AMENDED 10.17-70) S C H E D U L E A —Continued The land referred to in this policy is situated in the State of Colorado, County of Pitkin , and is described as follows: NORTHERLY 25 FEET OF LOTS R and S, BLOCK 88, CITY AND TOWNSITE OF ASPEN EXCEPT the Westerly 1 foot of the Northerly 25 feet of said Lot R as described in instrument recorded in Book 30 at Page 572, together with a Partywall Agreement in regard to the Westerly 1 foot of the Norhterly 25 feet of said Lot R, recorded in Book 46 at Page 229. t t rooeM tvo. e-�000-s PION Ytf W/TH ppLOMDO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM 8-1970 (AMENDED 10-17-70) SCHEDULE B PART I 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 cor- rect 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 hereafter furnished, imposed by law and not shown by the public records. S. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Taxes for the year 1985 not yet due or payable. 6. Reservations and exceptions as contained in the Deed(s) from the City of Aspen providing as follows: that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws and subject to all the conditions, limitations and restrictions contained in Section 2386 of the Revised Statutes of the United States in Deed(s) of record. 7. Terms, conditions and obligations of Agreement recorded August 10, 1918 in Book 46 at Page 229. 8. Restrictions imposed by reason of Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515. 9. Deed of Trust from Lebant America, S.A. to the Public Trustee of the County of Pitkin for the use of Northwestern Savings and Loan Association of Traverse City, Michigan to secure $400,000.00 dated February 8, 1985 recorded February 8, 1985 in Book 481 at Page 161 Continued from Back of Front Cover S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim- ant and authorized by the Company. b. DETERMINATION AND PAYMENT OF LOSS (a) The liabilitv of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of com- petent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany may pay under policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the pay- ment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab- lished affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Transamerica Title Insurance Company, P. O. Box 605, Denver, Colorado 80201. • • C N � _O W D N C J pp v ;r go L J nC, OIc m C o N • y ,. Cc > (° J 0 Q D o cooC� O U= • • in vv mcn r co — > D o 7 p 8= c 02 W O O U T_ ? U • O m • c0E Din CL W O > 3 ? J 3v 0 v On 'U r a S W O N m a 70 a) O C C C 0 Q ii C LL y C > • E A C C f U ° c >,!cc C N (T(7 V y • c !O d i Q i 0 �_ C y rQ C N n • CS �_•. N a 10 O N a' j ` 0 d� ] L Z ry n m N p ,p�nTv V M cd • N N • o d m 7« ' U o O U Q C O J v O w U m H C Toy O U $� L O d oC m h L J F Z W O Q C C y� dm a >O> N > NO N �O C N m m iA C O^ Oc0 N ON O > a CO N N O A y O_O C O m >n O=fppO C D O NnO N> C rn (n�^ O 1O n O O LL v > y C N m O C �. pp C c o C. BOO 'j 0 NOO to A > m� a N > mN N C .D > 7 O« Ma W NO y y O "p Y U > �v �O OEUcn • OLo� • o�°mv� O�_r� • Oc`° �cv ��oN �m�rp _>�mMpp ma�cco O W 7 (O C Q NUS N Y _ L CJN • N U O d ON v; O • :3 ON mA • C 8 UN • L .� • C, C �yQN • G gtAF �h • Mm Q L N C yN OVJ yypNp nf0 V CAN C��.7 U p tE O : ZQ tp U (pp7 r0 NZ O _� c0 QO N E V LN.- L c UO C OJ @s • mR WN Z_ 2cN qP) �� O �C� O^ n N n Q.> 0�.. P c v O C ; gN ~ co Z 0O� ^ N O ^E > nJ O a �Z 0 Q 4i LU 3 N $ 3 N OPEN/PITRIN PLANNING OFFICO 130 S. Galena Street Aspen, Colorado 81611 (303) 925-2020 RE: Dea r This is to inform you that t e Planning Office has completed its preliminary review of your to - 0,-,L' application for complete- ness. We have determined that your application is compe. V _ is not complete. The additional items wwill require are as follows: Ydj closure of ownership (one copy only needed) . acent property owners list (one coponly need) . C.See, "F'A ZF SQL �.a z.-z2 oc- &�'L t Additional copies of entire application. Authorization by owner for representative to submit application. Response to the attached list of items demonstrat- ing compliance with the applicable policies and regulations of the Code, or other specified materials. A check in the amount of $ is due. A. Since your application is complete, we have scheduled it for review by the on We will be calling you if we need any additional information prior to that date. In any case, we will be calling you several days prior to your hearing to make a copy of the review memorandum available to you. Please note that it (is) (is not) your responsibility to post your property with a sign, which we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. Please feel free to call 0> , who is the planner assigned to this case, if you have any questions. Sincerely, ASPEN/PITRIN PLANNING OFFICE n n t,ra�a1LVlfiJ ,uI-LX1WXA%1 a7u uL1 City of Aspen �173q_ 073- 39-_C��, DATE RECEIVED: II,W E NO. Z DATE RECEIVED dbMPL TE : STA FF: _ PROJECT NAME •- L� .'y1Q APPLICANT: Applicant Addres Phone: RE PR ES EN TAT IV E - Representative Address/Phone: Type of Application: I. GMP/Subdiv i sion/PUD 1. Conceptual Submission 20 $2,730.00 2. Preliminary Plat 12 1,640.00 3. Final Plat 6 820.00 II. Subdivision/PUD 1. Conceptual Submission 14 $1,900.00 2. Preliminary Plat 9 1,220.00 3. Final Plat 6 820.00 III. All "Two Step" Applications 11 $1, 490 .00 / IV. All "One Step" Applications/ 5 $ W. Uv V. Referral Fees- Environmental Health, Housing Office 1. Minor Applications 2 $ 50.00 2. Major Applications 5 $ 125.00 Referral Fees - Engineering Minor Applications 80.00 Major Applications 200.00 -______________________________________________________________ _ P&Z CC MEETING DATE: �z A�� �" PUBLIC HEARING: E!' NO DATE REFERRED:----? 5=(�---- INITIALS: ------------ REFERRALS: City Atty Aspen Consol. S.D. School District City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn) City Electric Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth. Fire Chief Other: Roaring Fork Transit Roaring Fork Energy Center j FINAL ROUTING: DATE ROUTED: I�'`� 2E IN ITIAL-_ City Atty City Engineer Building Dept. Other- Other: FILE STATUS AND LOCATION: CASE DISPOSITION: Reviewed by: A n P& City Coune 0"n ;�,t�, a, IRS 6 hlal: (,�tI�t .�+i Inc �v+G,cc �h vin'✓l��Li� 441) ��y,��ti�• ���+��'_; .t" w-.ti7;;� 70 2�d st�t:7.+i'vy ka ROViewed By: Asper. P&Z City Council let CITY OF ASPEN 11PI 130 south galena street "�' aspen, colorado 81611 Ail" =i 303-925-2020 ' LAND USE APPLICATION FORM DATE SUBMITTED 7 1 FEES IOy� i(X L�lirt S'7 NAME T" /4 }l1lF L1lt(li ADDRESS D d>c �/ r Ps/ J (Q PHONE NAME OF PROJECT /'�/�—Llfl L 64-0 CAL. B U I1-.\ � / NCf �+ S/tT D /S, f/9�P PRESENT ZONING /K/ LOT SIZE /' O 0 LOCATION (indicate street address, lot and block number. May require legal description. A vicinity map is very useful.) CURRENT BUILD -OUT �� /`!, sq. ft. units PROPOSED BUILD -OUT _/7 sq. ft. units DESCRIPTION OF EXISTING USES DESCRIPTION OF LAND USE PROPOSAL 5oof77 J)l kq POW,n1 T45,yn1 SPM s Cs:" 07F►4_- TYPE OF APPLICATION ffPG P2—�7 ' 1�J 'got Z D��6- Fr'T APPLICABLE CODE SECTION (S) •� - -f l�`r��� C-vE �� PP PLAT AMENDMENT REQUIRED YES NO DATE PRE -APPLICATION CONFERENCE COMPLETED ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitment or statement from an attorney indicating that he/she has researched the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances.) 2. If the process requires a public hearing, a Property Owner's List must be supplied which gives all owners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre -application conference.) 4. Plat by Registered Surveyor Yes—_)K No }1i7��nc IV 1 ll e;lht I��,, )� l-vv�l bvvjt 1AVI Uf(43A6Ll rt,�f to rlAe j��►,�hl dVl work I) h1l �J)il, 111?1 o R T U �Al � % W 1'\ tG s `�-'V"^^ Ilq MJ- e� O� fV%5 i U6 dVviX1oWh 1, C . P , I, b r"n n til. , 14, ul��b11tyf1h (��(1 R' J I(sn�� Mr(�St• SYSTW SPEC ICATIO BETA 9 ANTENNA • 9 Foot (108") Diameter Reflector • .3 Focal/Diameter • 32.40" Focal Point • 8 Sections • Constructed from drawn steel, .035" double galvanized stock • Electrostatically applied paint, baked on at 400 degrees • Mount requires 3 1/2" O.D. mounting pipe • Laux High Performance Feedhorn System uses P.I compatible servo controllers • 40.3 dB System Gain • Half power beam width 1.64 degrees • 2 Degree Compatible • 24 month warranty • 12 GHz Compatible LAUX HIGH PERFORMANCE FEEDHORN SYSTEM • 83% Illumination efficiency • DC servo type dipole drive system • Built-in buttonhook mounting boss • Zener diode transient spike protection • Weatherproof servo and dipole cover system • Lightweight cast aluminum construction • Individually tuned for maximum performance • 24 month warranty BETA 9 • 9 Foot (108") Diameter Reflector • .3 Focal/Diameter • 32.40" Focal Point • 8 Sections i • Constructed from drawn steel, .035" double galvanized stock • Electrostatically applied paint, baked on at 400 degrees • Mount requires 3 1/2" O.D. mounting pipe • Laux High Performance Feedhorn System uses P.I compatible servo controllers • 40.3 dB System Gain • Half power beam width 1.64 degrees • 2 Degree Compatible • 48 month warranty �� J �✓ /._i i j BETA 9 LNA COVER Laux Communications, Inc. introduces the Beta 9 LNA Cover. This weather resistant, molded plastic protective cover has been specifically designed for the Laux High Performance Feedhorn. This durable LNA cover is easy to install, extremely cost effective and available at stocking master distributors now. CONSULTING b STRUCTU PAL To whom it may concern: June 5 1985 Re: LAUX.BETA-9 SATELLITE ASSEMBLY The Laux Beta-9 satellite assembly and 120 mph wind loading kit as detailed in the following drawings(*) has been analyzed and is hereby certified to with stand 120mph wind loading. The Laux Beta-9 satellite assembl-y is a 9'-0" diameter dish made of 8 steel metal petals. The petals are bolted together and attached by means of 8 steel struts to a 1/4" thick support ring. The 120 mph kit consists of high -strength bolts in critical locations along with a wind stabilizer clamp and braces. SINCERELY ames B. Marting P.E. (*)Drawing List: 06-45-D,06-46-E, 06-47-F, 06-60-D or 06-20-A, 06-69-A, 06-70-A, 06-76-A or 06-77-A, 06-78-B, 06-79-B. • • r 1. Brochure and Specs on Sat. 9 foot Beta Perforated dish 2. Engineeering Specs. and Building code requirements. 3. Complete layout ` 4. Title report i u e n rLaux Communications, Inc. an RSi Company July 3, 1986 Mr. William Hewitt P. O. Box 5155 Aspen, Colorado 81612 Dear Bill, The recommended standard wind load on our 9-foot antenna acting laterally at the top of a pole, is 1570 lbs at 80 mph, and 3520 lbs at 120 mph. I hope you find this information helpful. I must remind you that since Laux Communications, Inc. has no control over the installation, we cannot accept any responsibilty for damage of any kind, due to high winds or other weather conditions. Please call me if there are any questions. is (800) 542-5353. Yours, LAUX COMMUNICATIONS, INC., Dr. Marwan E. Nusair Vice -President, Engineering MEN:bl Our toll -free number 4460 South Lake Forest Drive, Cincinnati, Ohio 45242 Telephone (513) 733-1500 • Laux Communications, Inc. an RSi Company July 3, 1986 Mr. William Hewitt P. 0. Box 5155 Aspen, Colorado 81612 Dear Bill, The recommended standard wind load on our 9-foot antenna acting laterally at the top of a pole, is 1570 lbs at 80 mph, and 3520 lbs at 120 mph. I hope you find this information helpful. I must remind you that since Laux Communicaticns, Inc. has no control over the installation, we cannot accept any responsibilty for damage of any kind, due to high winds or other weather conditions. Please call me if there are any questions. Our toll -free number is (800) 542-5353. Yours, LAUX COMMUNICATIONS, INC., Dr. Marwan E. Nusair Vice -President, Engineering MEN:bl 4460 South Lake Forest Drive, Cincinnati, Ohio 45242 Telephone (513) 733-1500 THM—BETA9 ... The Ultimate Performer LW I Beta 9 Solid Beta 9 Perf AT -their introduction, the Beta 9 and Beta 9 Perf set new standards for performance and value. Now, year after year, they continue to be the leaders. The Beta 9 and the Beta 9 Perf consistently Tan outperform 10 foot antennas and even many 10112 footers! Both are champions at Ku band and will provide a high level of customer satisfaction for years to come. HorizonTrac Mount with weatherproof cover. HorizonTrac Mount with cover removed The new Ho►r:o—Tam„ Mount delivers true horizon to horizon performance. This compact, attractive unit combines good looks with heavy duty construction for years of trouble free, quiet operation. Features include dual mechanical limits • low RPM/High. Torque 36 volt von Weise motor, fully encased for weather protection • precision machined, case hardened gear cradle • available with potentiometer or digital sensor. ALBERT KERN ATTORNEY AND COUNSELOR AT LAW 430 E. HYMAN STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-7411 August 19, 1986 Aspen Planning & Zoning Commission 130 South Galena Street Aspen, Colorado 81611 RE: Wheeler Block Building - Satellite Dish Conditional Use Application Dear Commission Members: On behalf of Duvike Partnership, owners of the Aspen Leaf Building located at 422 East Hyman Avenue, we object to the installation of a satellite dish on the roof of the Wheeler Block Building. We feel that this unnecessarily adds a visible obstruction of the surrounding scenery. We further believe that it is not necessary to the primary function of the existing building and would improperly add to the clutter of the business area. We respectfully request that this objection be placed before the Aspen Planning & Zoning Commission. Yours very truly, Albert Kern AK/mc cc: Mr. George Vicenzi 0 • C 24-3.3 ZONING Q 24-3.3 Sec. 24-3.3. Grant of conditional use. Whenever a use has been designated a conditional use, a per- mit for such use shall issue only upon approval of the planning and zoning commission. (a) All applications for approval of a conditional use shall be processed pursuant to the provisions of section 2-22 of the Municipal Code of the City of Aspen as if the request were one for a use variance, provided that the applicant need not establish the grounds for variance stated in subsection (d) thereof-, and provided that the fees for the processing of an application for approval of a conditional use shall be established by ordinance of the city council, rather than as ra set forth in subsection 2-22(cX4). W (b) In considering the suitability of the conditional use, the commission shall determine: (1) Whether the proposed use otherwise complies with all requirements imposed by the zoning code, (2) Whether the proposed use is consistent with the objec- tives and purposes of this zoning code and the applica- ble zoning district and, (3) If the proposed use is designed to be compatible with surrounding land uses and uses in the area. (c) No approved conditional use may be substantially modi- fied, structurally enlarged or expanded in ground area unless such modification, enlargement or expansion receives the prior approval of the commission which approval shall be obtained by repetition of the granting procedures herein provided. All plans for a proposed modification, structural enlargement or expansion shall be submitted to the plan- ning director for a determination in writing by the plan- ning director as to whether such proposed enlargement, modification or expansion is substantial thereby necessi- tating planning and zoning commission approval. In mak- ing such determinations the planning director shall take into account that modifications, enlargements or expan- sions which are not substantial include, but are not lim- ited to: Minor changes in the operation of a conditional Supp. No. 28 1452.3 § 24-3.3 ASPEN CODE § 24-3.4 use; changes which will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; changes which do not substantially affect the tourist or local orientation of the conditional use; changes which do not affect the character of the neighborhood in which they are located; changes which do not increase the use's employee base or the retail square footage in the structure; and changes which do not substantially alter the external visual appearance of the building or its site. (d) Whenever a use in the Service/Commercial/Industrial Dis- trict is conditional because it may create unusual traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems, such use shall not be approved without the following limitations: (1) All such uses shall be operated within an enclosed structure. (2) Noise, dust, fumes, odors, smoke, vapor, vibration, glare or waste shall be confined to the lot on which the use is permitted. (3) Outdoor storage, equipment, and refuse areas shall be concealed from the view of abutting residential dis- tricts and public rights -of -way. (Ord. No. 11-1975, § 1; Ord. No. 81-1981, § 2; Ord. No. 17-1983, § 1) Sec. 24-3.4. Area and bulk requirements. The following schedule of lot area, lot width, front yard, side yard, rear yard, maximum height, building distance, maximum square footage, and open space requirements for the various zone districts is hereby adopted and declared to be a part of this code and may be amended in the same manner as any other part of this zoning code. These basic regulations are further defined and supplemented by additional requirements and excerpts in subse- quent sections of this article. Supp. No. 28 1452.4 0 • Engineering Specs and Building Code Requirement wind speed 80 mph 120 mph height of building 30 feet 30 feet i + ` JUL ! 1 1986 1 U' area sheer load Aspen 1570 lbs. Aspen 3520 lbs. Secured by 4 foot x 4 foot x 1/q inch sttel plate furnished by Meyers & co 925-4777 Steel plate secured to roof rafters and decking with 6- 1/2 inch x 6 inch steel bolts. • 0 ■ ■ ■ ■ BETA SERIES INTEGRATED ANTENNA SYSTEM 0 THE BETA E?RIF.S High Performance TVRO Meticulous engineering, critical manufacturing tolerances, and rigid specifications were the challenges. The result is the Beta Series Inte- grated Antenna System. The key word is integrated. Every square inch, every component of the Beta Series Integrated Antenna System is designed for maximum efficiency and manufactured to the highest quality standards in the industry. The outstanding features of the Beta System include:.020 inch surface accuracy; double hot -dipped galvanized steel coated with a special super tough epoxy/polyester powder finish; and high quality cast components. The Beta Series Integrated Antenna System is the best buy anywhere. It's amazing how often proper feedhorn illumination is overlooked or even ignored in antenna design. The fact is, proper feedhorn illumination measurably increases system performance. The Beta Series Integrated Antenna System's superior performance results from specifically matching the close tolerance contour and surface accuracy of our reflector to our unique tuned feedhorn design. the Beta Sees More Signal You See A Better Picture Laux High Performance Feedhorn Laux High Performance Dual Feedhorn WE CAN PROVE IT! The Beta 9 Antenna, matched with the Laux High Performance Feedhorn will out perform any other 10 foot antenna. We've proven it with comprehensive range testing. Typical waveguide feedhorns operate with illumination efficiencies of 70%. The Laux High Performance Feedhorn is 82% efficient on a .3 f/d antenna system. This translates to an increase in gain of over 1 db. 0 THE 13ETA 6.5 Performance You Can See Beta 6.5 13ETA IS BEST Every Beta Series Integrated Antenna System is engineered and manufactured to the tightest tolerances ever achieved in TVRO. • 8 section drawn steel reflector panels. • Double hot -dipped galvanized to eliminate corrosion. • Tough epoxy/polyester powder coat for lifetime protection • Shoulder bolt pivot points in bronze bearings. The Beta 6.5 delivers more performance than any small antenna system -ever! Range tested and certified for 37.57 dB gain, the Beta 6.5 outperforms many 8 foot antennas with waveguide type feedhorns. The combination of military spec tolerances, addi- tional surface area, and our tuned feed system give the Beta 6.5 nearly 2 dB more gain than a standard 6 foot antenna. The Beta 6.5 polar mount comes standard with a manual adjustment arm and is available with the optionalHorizonl a _ gearbox and motor for horizon to horizon scanning. The Beta 6.5 is designed for now, and the future, and is ideal for C and Ku bands. Beta Polar Mount The Beta 9, Beta 9 Perf, and the Beta 6.5 meet rigorous stand- ards for quality, reliability and strength. Check these specs: • All Ku band compatible. • Certified for 120 MPH windload. • 48 month warranty. • Certified C band and Ku band range tests available. PERFORMANCE INTEGRATED INTEGRATED FOCAL/ HORIZON CERTIFIED FOR C-BAND 3dB 2� KU-BAND DIAMETER MOUNT 120 M.P.H. WIND SUMMARY GAIN BEAMWIDTH COMPATIBLE GAIN RATIO AVAILABLE LOAD BETA 9 40.1dB 1.80' YES 48.4 dB .3 YES YES BETA 9 PERF 40.1dB 1.80' YES 48.4 dB .3 YES YES BETA 6.5 37.6dB 2.45` YES 45.3 dB .3 YES YES 0 • LJMU39 COMMUNICATIONS, INC. 4460 Lake Forest Drive Cincinnati, Ohio 45242 513/733-1500 AN RSi COMPANY PIONEER MEMBER OF N. E SOCIETY FOR PRIVATE AND COMMERCIAL EARTH STATIONS The Voice of the Satellite Earth Stat{on Induetry THEBETA9 0 ... The Ultimate Performer -: '_- Beta 9 Solid Beta 9 Perf Mtheir introduction, the Beta 9 and Beta 9 Perf set new standards for performance and value. Now, year after year, they continue to be the leaders. The Beta 9 and the Beta 9 Perf consistently Tan outperform 10 foot antennas and even many 10112 footers! Both are champions at Ku band and will provide a high level of customer satisfaction for years to come. HorizonTrac Mount with weatherproof cover. HorizonTrac Mount with cover removed. The new No.%:o�s;ec_ Mount delivers true horizon to horizon performance. This compact, attractive unit combines good looks with heavy duty construction for years of trouble free, quiet operation. Features include dual mechanical limits • low RPM/High Torque 36 volt von Weise motor, fully encased for weather protection • precision machined, case hardened gear cradle • available with potentiometer or digital sensor.