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coa.lu.sr.recreation broadcasting KSPN Satellite.1983
Recreation Broadcasting Satellite-, 9431 01 FL» ft 6£414- 93 -Dish, Special Review 336 * M.81.- f .- -"".Illil//- -3-cou~vuct *\5 It LR I I I r .. CASELOAD SUMMARY SHEET City of Aspen No. 14-23 Staff: 00*my /9«220 PROJECT NAME: 14&(cattin]Broodeett n¢j~5*(-2256 Spe·GU)961/(~e«r APPLICANT: ,;DO'a,97·*7 2/M*42,099*. 4/2. Phone: 4, REPRESENTATIVE: R.kr- »] Pt>77£A/L Phone: q 25 - ~125 TYPE OF APPLICATION: (Fee) I. GMP/SUBDIVISION/PUD (4 step) S li 1. Conceptual Submission ($1,840) to 14 l Y lAT' '-T L 61 0.4 (041 Y 2. Preliminary Plat ($1,120) 3. Final Plat ($ 560) II. SUBDIVISION/PUD (4 step) 1. Conceptual Submission ($1,290) 2. Preliminary Plat ($ 830) 3. Final Plat ($ 560) III.EXCEPTION/EXEMPTION/REZONING (2 step) ($1,010) ,~ ~~ /0 0 4 ~ IV. SPECIAL REVIEW (1 step) ($ 465) ~ 94 551 1. Special Review (9 flo 1 2. Use Determination 1- 3. Conditional Use REFERRALS: Date Referred: £0--3-3~.3 V~ Attorney Sanitation District School District 1/~ Engineering Dept. Mountain Bell Rocky Mtn. Nat.Ga! Housing Parks State Hgwy. Dept. Water Holy Cross Electric Fire Chief City Electric t/< Fire Marshall/Building Dept. Other FINAL ROUTING: Date Routed: ~Attorney J-Engineering ~ilding Other *GA -.. DISPOSITION: 1--. 4 -z A CITY P&Z REVIEW: 812% 1 0.3 C 17111.. t-·r--7:3 ; i:,L (1 0-f /2 1-- ti~240-~i.&11.L <-,i ·i, 1, oi.-- Wflf)/\1 'C (31·0 ·r-p. 'n 1 # ..7. . 7,-- 0 k n -7,1 4-1 6 1 h C r 1 . 1 0.9 9 k ..1.- C i K 6 1! 1 t 4-41_ i« Unt n €-- .4 .WRIC --91/9.1 'f -4- 0 1, \ fl.r norf\:,2 02,\ c-n« t/'' 2 ~ .r~ 1 Ill , 1 /1 4 0 C hO-4..u 1 -=442.- 1,1 {·1-lio·-Ti gic-3 !,i i i t· 1/7 'r'.. 2.ef). 00' 4 62.1 9 1.~21 PE.,~-''bir-0 7,10 6 1 -1 f t ..: 1 ~. 91 6.l L! iri ,- , £3,0., 1 ., 1 ',, 41 0 ,Ai.Az L. no · a :4.4-4 I n CD 1 -' 9- t..k , 1 L 1 ¢ t 'f'. ..... P , 4 r l It , i i 002 R ·2'11 1 ~JV ; *1 1 ., a *1- S' f~~~-(? 4 4 1 4-) h 9-1 (3~' ~lfi A- ~5 ( 1 /3) 2476 1~ 263. 1-i·,3,3-1 (it.*Eli I 4'69 '2 ,),4'1 1*'' r -1 -··(hy j~,f>'Ilf'll~(ibc. L-~ - --- ~ - 1r It 6 · .i - \\ n r 0 € r p 5 . 1 , 1 1 1 , -4 y.e 0 (-2.31 U ru 3 U 7-1.9 7- LO.} 1 , 1.- 0 N+ 11 t· j 4 2 -t; 00 i 1 1' ~~~14 °'-.1 l\4~ 4 10 - 7 1 - .1 · L i E--1.1 6,·'-Ya- \ C.,1 , ' r..0 , 37.-l.. I. '''( 84 Z - 7, / 1,0 7 'Ef" " k. i .u. 00rdinance Nor 4 1 1 b 13· 5 *- Rt -1 '5.-C- - CX /1- Wo·, t-., 8 I k€£)10 (C t . f /1 l C.J,4 In 0. Sulo=.11 1- 1 i alll c.--,~ '., r ,·'1 2. ~it·' 4 CITY P&Z REVIEW: (-7 CITY COUNCIL REVIEW: Ordinance No. '·'"' :'6'-· ''•.2.'Ffild.•It>n•*forit thi· ,/n Of , '1 1. 1 1,,€ I d HI ( ()1(1)1 1' 1 Reception No. .. L Tms DEED, Made September 10 , 19 8 2 , between i Thomas Carl Oken STATE DOCUMENTARY Hi 1 as the Public Trustee, of the County of Pitkin . SLY 1 0 1982 Colorado, and Recreation Broadcasting of Aspen, Inc. .,. 6, C.. 1 Purchaser(s),whosestreetaddressis 400 West Main Street City or Town of Aspen County of Pitki.n and State of Col orn do , Wl'I-NESSI-711· I Whereas, Steve Schneider 1 did, by Deed of Trust dated October 31 , 1 9 80 , 1 and recorded in the office of the Clerk and Recorder of the County of Ditkin , Colorado, 1 on October 31 , 19 80 , in Book 398 at Page 305 , 0·him No. , Reception No.228390 convey to the Public Trustee in Trust the property hereinafter described to secure the payment of the indebtedness provided in said Deed of Trust; and Whereas, violation having been made in certain of the terms and covenants of said Deed of Trust as shown by ~ the notice of election and demand for sale filed with the Public Trustee, a copy thereof being recorded in the office ~ of said County Clerk and Recorder, the said property was advertised for sale at public auction at the place and in ' the manner provided by law and by said Deed of Trust a nd a copy of the notice of sale was in apl time mailed to the persons required by statute, and said property was in pursuance of said notice sold to Recreation Broadcasting of Aspen, Inc.for the sum hereinafter set forth and a certificate of purchase thereof was made and recorded" and said property not having been redeemed from said sale, Now, Therefore, the Public Trustee pursuant to the power and authority vested in h im by law and by the said Deed of Trust as such Public Trustee and in consideration of the sum of $ 360, 480.25 to the Public Trustee paid by the said Purchaser(s), the receipt whereof i.s hereby acknowledged, conveys to the said ~ Purchaser(s), 01 eir heirs, successors and assigns forever ... all the right, title [ and interest which the Public Trustee acquired pursuant to said Deed of Trust in and to the follow'ing described prop- ' erty situate in the County of Pitkin , Colorado, to wit: Lot K and the West 15 feet of Lot L, Block 44, CITY AND TOWNSITE OF ASPEN, c,9 --u ! Pitkin County, Colorado LE 3 1 r- i./> i) 9 'li J 3 -- 1' R C-; DJ J <11 rl y r..3 313 To Have and to Hold the saine unto the said Purchaser(s) th eir heirs. successorf~auDassigns forever. ' ~ Executed the day and year first above written. :-. 1 ' / I .1 17 '1 4, :7 . 9, 1 1 L ) -» j 24 -62.44.<? ' t. I ISEALI ~ is p-6-Eiic-I~rnssit#SAi.t.~i j :I. 1 J. .. 01 11 il ~ ~utora~c:).~ County of Pitkin STATE OF (:01.ORADO, j SS. County of pit kin 1(lt.h day of;eptemher , 1 The foregoing instrument was acknowledged twfort· me this 19 82, by Carol I.. Foot-e, Denlit,s the Public n ,1>,tpt' of tlie County of Pi_tkin,j . D Colorado. 41193 0 1 0 1' „, i My commission expires March 7,1984 (?/74\18,14 2:&~'4 \ 4,71.0,4.4. Witness my hand ancl official st·al. , 4%14#910'4 42#5#M·' :* . I ·:17 527C#lyA.thuse UUUM Ul:lfilfi '1':411~11~1;'; h.i',2,&' :.i~'1"ll~(13~1~tilic.'Pir''t,>1 11'< 11.1-· 54 .A ..Mit,rii'd ti) (tl."1-11,~t~-Jylti). ·01k '012- i·. ti, a corporation, set forth name of corpor.itton .ind w .itt' 01 tru„Iporat:,rn •••Change for Joint Tenancy -2_':4 - 2 2-. Mailing Address for Recreat joll 131-inlilcast i.lift, of A snen, Ille . --400 West Main-Asnen,Co . Future Tax Notices IN '11' Mailing Add,·ev. NO.334P-141·vi. t) 8 73 PU 8 1 1(.J 11?ljh FI E'S C)11' [) i (~|/I|If ("/f' 1 I BOOK 432 al-E 504 .. AGENDA ASPEN PLANNING AND ZONING COMMISSION Tuesday, August 2, 1983 5:00 p.m. City Council Chambers City Hall Regular Meeting I. COMMISSIONERS COMMENTS II. MINUTES III. OLD BUSINESS A. Public Hearing: Recreation Broadcasting Inc. Satellite Dish Special Review B. City Plaza Building GMP Allocation IV. NEW BUSINESS A. Public Hearing: Prospector Lodge Timeshare Project V. ADJOURN MEETING 1 - -1 .. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Recreation Broadcasting Inc. Satellite Dish - Special Review DATE: August 2, 1983 Location: 332 West Main Street (new KSPN offices); Lot K and the west 15 feet of Lot L, Block 44, City and Townsite of Aspen. Zoning: 0 - office. Applicant's Request: Expansion of KSPN's conditional use permit to locate their satellite dish on the premises of their office building at 332 W. Main Street. Referral Comments: The Building Department needs more information defining the specific location and structural characteristics prior to issuance of a building permit. The Engineering Department made a site inspection and had the following comments: "1. Our main concern throughout has been the current dish's location in the right-of- way. While the Building Department may have told the applicant that approximately 8 feet behind the curb is the limit of the C.ity's property, it remains the owner's responsibility to have the boundary accurately located by a surveyor. This is one example of why surveys are required by the Building Department prior to issuance of permits. 2. Subject to the applicant's full compliance with the new ordinances now on the books, we have no problem with the proposed relocation. Needless to say, any reinstallation must avoid conflict with utility service lines." Planning Office Review: The concept, presented in your review of this issue at your July 5, 1983 meeting, of placing the satellite dish on a pole mount has been explored by the applicant. Poles will be in place for the 4:30 p.m. site visit. This approach is more favorable to the applicant, both in terms of cost and the less permanent nature of this installation as compared to its installation on the carport roof. According to Peter Van Domelen, legal counsel for the applicant, the pole mount moves the dish as far to the east on the lot as possible and reduces its visibility to a greater degree than any of the earlier options. 1 . .. Memo: RBI Satellite Dish Page Two July 19, 1983 In terms of the review criteria, the pole mount should be able to be placed so as not to violate area and bulk requirements, or to be in conflict with any easement or right-of- way. Through the building permit review process, the safety of the installation will be verified to assure that neighboring properties are not endangered. It appears that this placement will reduce the visibility of the dish as much as possible in terms of its placement. Further screening possibilities can be discussed at the site visit and meeting if you feel they are advisable. Planning Office Recommendation: The Planning Office recommends conditional use approval and an expansion of KSPN's existing conditional use permit to allow the placement of the satellite dish on the propsoed pole mount as far east on the property as possible without violating area and bulk requirements under the following conditions: 1. A building permit be secured. 2. The dish be secured in such a way as to pose no physical threat to neighboring properties. 3. Final approval be obtained from the HPC. 4. This permit is being issued for a period of two years, after which time the Planning and Zoning Commission will require that the applicant submit current information to determine if changes in "state of the art" warrant replacement with a substantially smaller device. 1 0. , //1 \\ .11(i , 182. . 4 1, rii....f-' Jkid#*4 4.13¥¥ . 9 . r 17,, ji 494494% 'ArIT<'. 5.4 14,2~'ita.A~-9-9 '.. '.-IM'll . 1. .N:.i» 4,1 '' 4:f' . 6/=/7 , i/'= / ~ r'c.' f fif*fi«€.~' 141·>' ...4.~. 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V ~~~ 10·*·2:2.2&.~2¥w:,-2 .4·* 64, ; 1-.2 2 1 4 ··C ?~ , * , e\.r,?~ .. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Recreation Broadcasting Inc. Satellite Dish - Special Review DATE: July 5, 1983 Location: 332 West Main Street (New KSPN offices); Lot K and the west 15 feet of Lot L, Block 44. Zoning: 0 - Office. Applicant's Request: Expansion of KSPN's conditional use permit to locate their satellite dish on the premises of their office building at 332 W. Main Street. Referral Comments: The Building Department needs more information defining the specific location and structural characteristics prior to issuance of a building permit. The Engineering Department made a site inspection and had the following comments: "1. Our main concern throughout has been the current dish's location in the right-of-way. While the building department may have told the applicant that approximately 8 feet behind the curb is the limit of the City's property, it remains the owner's responsibility to have the boundary accurately located by a surveyor. This is one example of why surveys are required by the Building Department prior to issuance of permits. 2. Subject to the applicant's full compliance with the new ordinances now on the books, we have no problem with the proposed relocation. Needless to say, any reinstallation must avoid conflict with utility service lines." Planning Office Review: At the time this satellite dish was first placed on the lot, the Municipal Code did not require a building permit for such activities. With the passage of Ordinance 1, Series of 1983, all satellite dish antennae were brought under building permit review. Ordinance 19, Series of 1983, amended Section 24-3.1 of the Code by adding a definition of "satellite dish antennae", amended Section 24- 3.2 to add the placement of regulated satellite dish antennae as a "conditional use" in all City zone districts, and added a new Section 24-3.7(p) that sets forth review criteria for conditional use review. The dish must be moved from its present location because it is situated in the City right-of-way. Relocation will now require a building permit, approval of the new location by the Historic Preser- vation Committee due to its existence in the Main Street Historic District, and conditional use approval for the satellite dish to be located in the 0 - office zone as well as an expansion of KSPN's conditional use permit for a broadcasting station. 1, .. Memo: Satellite Dish Special Review Page Two July 5, 1983 The Historic Preservation Committee has reviewed a conceptual proposal to move the dish to a location in the back part of the lot, either on the carport or in place of the carport. They will review the final design following your action on the conditional use. The essence of their comments on the satellite dish are that if you grant the conditional use permit for its placement on this lot, they will work with the applicant to reach the most advantageous location for everyone, i.e., the least intrusive placement for the Historic District which is nonetheless workable for the television station. Obviously, its existence in a Historic District at all is out of context, and the circumstances surrounding this particular dish constrain their ability to look at the range of solutions they would prefer. In the future, it is unlikely that placement of a satellite dish in a Historic District would be well received by the HPC. Measurements were taken by the applicant from three possible locations to determine the number of satellites which can theoretically be received by the dish. In its present location, eight satellites C.<An ~31- -aee- received. If the dish is located on top of the carport, it can theoretically receive signals from 14 satellites. If it can be placed at the very northwest corner of the lot, seven satellites can be received. The variation in these numbers is largerly due to blockage by the house and the horizon. The location most preferred by the HPC (in the present location of the carport, with the carport removed) was not measured. The applicant did not specify which of these signals are necessary. It seems logical that the greater number of options would be preferred. If located on top of the carport, the dish would not be visible from Main Street, which may be the best solution, and is one the HPC indicated to be acceptable. (Your site visit at 4:30 p.m. on July 5 should clarify the evaluation of the impacts of these locations.) The criteria for evaluation of a satellite dish location that were adopted in Ordinance 19 are the following: (1) The installation of a satellite dish antenna shall not cause a violation of area and bulk requirements within the zone (unless a variance therefore 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 neigh- boring 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 screens the dish and does not appear to be unnatural on the site. .. Memo: Satellite Dish Special Review Page Three July 5, 1983 The present location violates the second criteria. Placement in the northwest corner brings criteria #1 into play due to setback variations and would require a variance. Placing the dish on top of the carport will require that it be secured sufficiently, as per criteria #3. The fourth criteria is somewhat met by placement of the dish on the carport, in that the number of vantage points will be reduced to only the alley side and the 3rd Street side. The HPC felt that any structural attachments to the carport to mask the dish would most likely appear to be very unnatural. In their opinion, if the dish is not visible from Main Street, the integrity of the Main Street Historic District is intact to a much greater degree than with the dish in its present location. Given the above, location of the dish on top of the carport appears to be the best solution. Planning Office Recommendation: The Planning Office recommends conditional use approval and an expansion of KSPN's existing conditional use permit to allow the placement of the satellite dish on the carport at 332 W. Main under the following conditions: 1. A building permit be secured. '2~ The dish will not be visible from Main Street. 3. Final approval be obtained from the HPC. 4. The dish be secured in such a way as to pose no physical threat to neighboring properties. 5. Changes in "state of the art" will be monitored and the dish will be replaced by a smaller dish when it becomes available. ~ ~Cr-locilL t-«-VI e-LO f~ -1' F-€-_ --r t,KI . - - 41., //-1 -7-16-h-J TO 119. X I 1 4. 2.2 1 * 4 '1' $ L 0 .. PETER VAN DOMELEN, P.C. ATTORNEY AT LAW SUITE 202 MILL & MAIN BUILDING 400 E. MAIN STREET ASPEN, COLORADO 81611 (303) 925-6415 ~ June 28, 1983 Ms. Colette Penne HAND DELIVERY City of Aspen Planning Department Aspen, CO Re: Recreation Broadcasting of Aspen, Inc. - Channel 2 Dear Colette, Enclosed herewith is the survey of the premises which depicts the available satellite receptions from various locations for the satellite dish. This is a result of the engineering studies which were made with respect to the three possible dish locations. I would offer the following comments by way of further explanation: 1. All of the transmission satellites are located over the equator. Consequently, it is the "line of sight" to the south which becomes of critical importance. 2. The placement of the satellite dish on the roof of the carport (as indicated in red) will make 14 satellites available for reception. This occurs because the "line of sight" is not obstructed by the presence of the building. The limitations to the east and to the west are caused by the surrounding mountains. 3. The number of satellites which can be received is substantially limited by placing the satellite dish on ground level (either in its existing location or in the northwest corner of the lot) due to the fact that the building will obstruct the "line of sight" reception. It is of critical importance to Channel 2 that the maximum number of satellites be made available for reception by its satellite dish SO as to furnish the broadest possible coverage for television programs. The personnel of Channel 2 will be available on the premises at 4:30 p.m. on July 5 to answer any questions which the me]~*rs of the Planning and Zoning Commission may have. ~ursovery truly, Nk Peter Van Domelen PVD:tu Enclosure .. CERTIFICATE OF MAILING I hereby certify that on 9*48.1 j l (D , 1923 a true and correct copy of the Notice of Pu6lic Hearing regarding Abyty,eke. 9*«Wk\qi De,. 3819-1.419, 170324 48'01£€ -Ru~ Af,AM was deposited into the United States mails, postage prepaid, and addressed to the following: 51 azZI/W.. 3\©dia»NA©._ID Martha Eichelberger .. PUBLIC NOTICE RE: Recreation Broadcasting, Inc. Satellite Dish Special Review NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, July 5, 1983 at a meeting to begin at 5:00 p.m. in the City Council Chambers of City Hall, 130 S. Galena Street, Aspen to consider the relocation of the satellite dish at Recreation Broadcasting, Inc.'s building (KSPN, TV-2), 332 W. Main Street, Aspen. For further information, contact the Planning Office, 130 S. Galena Street, Aspen, 925-2020, ext. 223. s/Perry Harvey, Chairman Aspen Planning & Zoning Commissior Published in the Aspen Times on June 16, 1983. City of Aspen account. l .. } Block 43 K,L,M Jack Barker Wendy Barker P.O. Box 3379 Aspen, CO 81612 N,O Dale A. Potvin Sally Allen-Potvin Box 575 Aspen, CO 81612 p,Q Dale A. Potvin Sally Allen-Potvin John Doremus P.O. Box 575 Aspen, CO 81612 R,S C.M. Clark Box 566 300 W. Bleeker Street Aspen, CO 81612 Block 44 A,B,C and W 28 ft. D Ruth Whyte P.O. Box 202 Aspen, CO 81612 E 2 ft. D,E,F Ruth 'Ilivte P.O. Box 202 Aspen, CO 81612 G,H,I Ruth Whyte P.O. Box 202 Aspen, CO 81612 K, W 15ft. 1 Recreation Brocasting of Aspen, Inc. 400 West Main Street Aspen, CO 81612 1/2 L, M Copper Horse Associates P.O. Box 4948 Aspen, CO 81612 Q, R,S Beverly Gorman James Gorman Doris Bardelmeier Joyce Bardelmeier Marion Richards Leroy L. Fink 916 St. Louis Street Edwardsville, IL 62025 Block 45 Herron Apartment Condos Building A 1-A R. Pri-na Stanley 333 West Main Street Aspen, CO 81611 2-A Jane Click 333 West Main Street Aspen, CO 81611 3-A Barbara H. Truan 333 West Main Street Aspen, CO 81611 1-B Stephen F. Wishart P.O. Box 2304 Aspen, CO 81611 -2-B Rountain States Communications Inc=- P.0, Box E Aspen, CO 81612 B-A Barbara H. Truan 333 West Main Street Aspen, CO 81611 Carriage House Grape Carriage % C. Frandal % Box 4474 Box 1150 Crested Butte, CO 81224 Block 45 1 B,C,D J. Sterling Baxter P.O. Box C Aspen, CO 81612 pt D, E, F,G,H,I TOR Corp. 311 West Main Street Aspen, CO 81611 Aspen A Condos 1 Vicky L. Bagley 3015 M Street Northwest Washington, D.C. 20007 2 Martin H. Kahn P.O. Box 3386 Aspen, CO 81612 Shadowview Condos A Sue Mitchell Crowley 409 S. Greenwood Avenue Columbia, MO 65201 B Barbara G. Seidel 31094 West Thompson Lane Hartland, WI 53029 C Priscilla C. Harper Box 10906 Aspen, CO 81612 D Riverview Development Company 2300 Territorial Road St. Paul, MN 55114 Block 45 R,S C.M. Clark P.O. Box 566 Aspen, CO 81612 K,L Ted V. and Sylvia H. Brown 230 Bunker Hill Road Houston, TX 77024 Block 37 A,B,C,D, W 1/2 E John J. Strandberg Jane T. Strandberg Apartment 2403 2510 Grand Avenue Kansas City, MO 64108 .. Block 37 pt G,H,I James H. Glanville % Harding and Evans i Suite 415 4615 Southwest Freeway , Houston, TX 77027 1 E,F,G John J. Strandberg Jane T. Strandberg ' Apartment 2403 ' 2510 Grand Avenue 1 Kansas City, MO 64108 N,0 William L. Comcowich P.O. Box 1187 Aspen, CO 81612 P,Q,R Carinthia Corporation Box 941 Aspen, CO 81612 K,L Mrs. Alma Beck 430 West Main Street Aspen, CO 81612 Block 38 A,B Mary E. Perkins 435 West Main Street Aspen, CO 81611 C thru I Hans B. Cantrup Box 388 Aspen, CO 81612 K thru S Sopris Village Properties, Inc. % J. Mark Longfield 103 West First National Bank Building Pueblo, CO 81003 Block 36 pt A,B,C, and John F. Weaver, Jr. K thru Mary Weaver Pioneer Park Condos 442 West Bleeker Street Aspen, CO 81612 Hallam Stre'et Condos A David Sawyer Robert Randolph 5851 San Felipe Suite 215 Houston, TX 77057 B Jan G. Gunn Box 11438 Aspen, CO 81612 Block 36 F thru H W. Lucas Woodall Marguerite Woodall Chalfant Box 1221 Aspen, CO 81612 .. Block 36 E 1/2 H, I Frank Earle Marjorie P. Jenkinson P.O. Box 483 Aspen, CO 81612 .. PETER VAN DOMELEN, P.C. ATTORNEY AT LAW SUITE 202 MILL & MAIN BUILDING 400 E. MAIN STREET ASPEN, COLORADO 81611 (303) 925-6415 June 15, 1983 Ms. Colette Penne HAND DELIVERY City of Aspen Planning Department Aspen, CO Re: Recreation Broadcasting of Aspen, Inc. - Channel 2 Application for Conditional Use Permit for Satellite Dish Dear Colette, Enclosed herewith is the list setting forth the names and addresses of the property owners within 300 feet of the Recreation Broadcasting of Aspen, Inc. property which is the subject of the above-referenced application. If anything further is required, would you please let me know. Youts very truly, r 4 1 Peter Van Domelen PVD:tu Enclosure ' W lilli 41 JUN 1 0 1983 D 9,1 ASPEN / PITION CO PLANNING OFFICE l..,. .. MEMORANDUM TO: Colette Penne, Planning Department FROM: Jay Hammond, Assistant City Engineer .k~~ DATE: June 7, 1983 RE: Recreation Broadcasting Satellite Dish Conditional Use Having reviewed the above application to locate a satellite dish on the Recreation Broadcasting property at 332 West Main, and having made a site inspection, the City Engineering Department has the following comments: 1. Our main concern throughout has been the current dishes' location in the right-of-way. While the building department may have told the applicant that approximately eight feet behind the curb is the limitof the City's property, it remains the owner's responsibility to have the boundary accurately located by a surveyor. This is one example of why survey's are required by the building department prior to issuance of permits. 2. Subject to the applicant's full compliance with the new ordinances now on the books we have no problem with the proposed relocation. Needless to say, any reinstallation must avoid conflict with utility service lines. JH/co .. NAMES AND ADDRESSES OF CORPORATE OFFICERS OF RECREATION BROADCASTING OF ASPEN, INC. President: Joyce V. Hatton 0107 Willoughby Way Aspen, CO 81611 Vice President: None Secretary: Gary Verplank c/o Shape Corporation 1900 Hayes Street Grand Haven, MI 49412 General Manager: Cindy Chardonnay 332 West Main Street Aspen, CO 81611 .. MEMORANDUM JO :=¥,U i Ly TO: City Attorney < Tity Engineer /7--n e- uN & ~'Building Department V ELOWD PLANNER: Colette Penne &5 RE: Recreation Broadcasting - Satellite Dish Special Review DATE: June 3, 1983 The attached application requests special review (conditional use) approval for the installation of a satellite dish antenna on the premises of the applicant at 332 West Main Street. Please review the materials and return your comments to the Planning Office no later than June 20, as the item will go before the P&Z in early July. Thank you. nr- - A- A 4' .- 4 *6/»E »t 1-0 AL«u,6 4-04 £4 ~30-046 0-4- filtiltlj CL~-~aztmu-ta .. PETER VAN DOMELEN, P.C. ATTORNEY AT LAW SUITE 202 MILL & MAIN BUILDING 400 E. MAIN STREET ASPEN, COLORADO 81611 (303) 925-6415 June 1, 1983 Planning and Zoning Commission City of Aspen Aspen, CO Re: Certificate of Ownership Gentlemen: I hereby certify that Recreation Broadcasting of Aspen, Inc. is the legal owner of the following described property: Lot K and the West 15 feet of Lot L, Block 44, City and Townsite of Aspen, Pitkin County, Colorado Legal title to this property was acquired by Recreation Broadcasting of Aspen, Inc. by Deed from the Public Trustee of Pitkin County dated September 10, 1982, a copy of which is attached hereto, and the foregoing certification is based upon said Deed and the foreclosure certificate issued by Tracy Title Ltd. in connection therewith. Yours-~ery truly, \\ FLA,;LiZA.,USP/441 Peter Van Domelen PVD:tu Enclosure .. June 1, 1983 Planning and Zoning Commission City of Aspen Aspen, Colorado Re: Application for Conditional Use Permit Pursuant to Ordinance No. 19 Recreation Broadcasting of Aspen, Inc. - Satellite Dish - 332 West Main Street Gentlemen: Recreation Broadcasting of Aspen, Inc., a Delaware corporation, (Recreation Broadcasting) is the Federal Communications Commission licensee, and the owner and operator, of the low power television station designated as Channel 2, Aspen, Colorado, call letters: K23AE. Recreation Broadcasting is the owner and occupant of the premises located at 332 West Main Street, Aspen, Colorado, legally described as: Lot K and the West 15 feet of Lot L, Block 44, City and Townsite of Aspen The premises are located in the "office" zone. The building situated on the premises is presently used for office purposes in connection with the operation of Channel 2 and the operation of FM radio station KSPN, which is also owned and operated by Recreation Broadcasting. The building has been individually designated as a historic structure. In early December of 1982, Recreation Broadcasting installed a satellite dish on the premises of 332 West Main Street for the purpose of receiving satellite television signals required for the operation of its new Channel 2 low power television station. The satellite signal is received by the dish at 332 West Main Street and transmitted by cable to its broadcasting facility located in the Floradora Building at 400 West Main Street. Recreation Broadcasting was advised by the Building Department that no building permit was required for the installation of the dish and that it should be installed at least 8 feet from the curb so as to be clear of the City's property. This was done. .. Planning and Zoning Commission Page 2 June 1, 1983 It was subsequently discovered that the boundary line of the City's property extends more than 8 feet from the curb line and that the dish encroaches upon the City's property. Subsequent questions have also arisen as to whether the installation of the dish was a matter within the purview of the Historic Preservation Committee and as to whether the installation of the dish was an expansion of a conditional use permit previously granted for broadcasting from the premises at 332 West Main Street. Also, subsequent to the installation of the dish, Ordinance 19 was enacted. In an effort to resolve these problems and controversies, Recreation Broadcasting is requesting a conditional use permit pursuant to Ordinance 19 for the installation of a satellite dish antenna on its premises at 332 West Main Street. In connection with this request, Recreation Broadcasting is prepared to make the following commitments with respect to the dish: 1. The dish will be relocated on the premises so that it will no longer encroach upon the City's property. 2. The present dish is 3.7 meters (approximately 12 feet) in diameter. Should the "State of the Art" change in the future so as to enable the use of a smaller size dish, the present dish will be replaced with a smaller size dish. 3. The dish will be located and screened in a manner which meets with the approval of the Historic Preservation Committee SO as to minimize any adverse architectural impact. This matter has been the subject of informal discussions with the Historic Preservation Committee and it appears that there are 2 possible alternatives at this time, namely: that the dish be placed on top of the existing carport or that the existing carport be removed and the dish be placed on the ground which was formerly occupied by the existing carport. The latter alternative will depend upon the ability to receive the required satellite signal from the new ground level location and the technical studies and measurements have been undertaken to determine if this can be accomplished. .. Planning and Zoning Commission Page 3 June 1, 1983 Attached as a part of this application are the following: 1. An improvement survey of the premises. 2. Attorney's certificate of ownership of the premises. 3. The names and addresses of the corporate officers. 4. A check for $465.00 in payment of the required fee. A certification setting forth the name and address of all property owners within 300 feet of the premises has been ordered from Stewart Title Company and will be submitted when completed. Your consideration of this request is appreciated. RECREATION BROADCASTING OF ASPEN, INC. , f 1 :. By ~\Is,6 4. L-£lk ,~~~0-*t•-241 Peter Van Domelen Its Attorney Enclosures .. A L .. E Y F 01 I r J D ECT: 45 00 0 r- AFHARW/PLAS. CAP NO r...'L. PERAPWM AK IJ. CAP 5 75'09' 1 1" E L S 9184 r ' Ail''AP.. 0 675601'33' E 44.'3 7 I i 1 1 Ul ·,:4 3,· 0/>. 1/2 ,» L . . $3 /<fl C A 1% F )1< T _--).:1-12 liJ ¢3% B.to CE f / 4 j / 1 '¥ 1 ·; 011 . i ...1 ...: r 1 \ '1 .4 tv/404 ' F- co ll / / j 411. \ 41 CON. PAD U) ~ ~ ~,~; , ~ ~ / / Mil, 0 1 i; TO;gY\ ~ ,\ X 1 f ' ////,1| i # f·' / i j iviclob\AU \ \ \-\ 1\1 72 1,0 r. r) / / //0//11117--ff /I 1 A' .- - 1 /}/ 1 4 p I f f / 'f / 1!1 4 12' O, \ . · Ch C. / / /1 i fl 11/\150=>.1 F lu=, 1'\\ \ li 1 9 11¢- i 11 1 / l / / 1 14 Wt \ 1 \'if -- ~r,1-_L r~ fE) 01 f /fff 32"'t "'l -, 1.-/ j t.--1"' f f i l f i 1~ \,1 1 2 1 ': 2 1 4 ,14 Il 1 .... '11 1 / l f 1 1\ b i -41 it Ull I .t/ 1 XI f 91 £ -ff / d f i 1- N K~ i~ Wit L I J /1 1 \ lili ./1 -51 // /7//fff ~- ~tri- 1-- 1 R L<. j \ 41 f 01 IF- ~~,7!~I,1 ~2 4 1&4 1 3 -IC..+ 4 Ill -C / 1. / I 4i -'»10,1 1* / , c"bi'*1 4 , bof 1%4 fig(f L .N"l '~ la'~'2. 19 1.Ah /A,• iKe R ~ ~ F47,~0-0- 13- '500 ,~-Al' 7, / ,M WA A I ~ \ ~ ~ <-1 f- 19\ E \ E 2- \ 2. j 1 11./. I •41 '.• IA .7 1 1 1I: v • I ..·C·IR 1 li i * A,>4' K C"V*A·1 A, 4/ d »•I tple £«Al ,¢ 1. t.£ 5' A.,t:ka /1-1% 0 2-• 1 » d t>E. 4 0- -y.4 Ilbi#.. 1p I .. MEMORANDUM To: Aspen Planning and Zoning Commission FROM: Jim Reents, Planning Office : RE: KSPN Conditional Use Public Hearing DATE: June 29, 1979 This application is for special review approval of accessory employee housing and broadcasting station as a conditional use within the "0" Office district and parking reduction. The Code requires that conditibnal uses within the "O" Office district be allowed only in individually designated historic structures. The "OIl Office district allows for accessory dwelling units designated moderate income housing. The Planning and Zoning Commission can approvd these units conditioned on a deed restriction being executed between the City of Aspen and the owners of the property stipulating the moderate income rental and sales price guidelines. The applicant has requested middle income guidelines, but the Code specifically requires moderate. The "0" Office district requires three off street parking spaces per 1000 square feet of office space with a reduction to 1.2 spaces per 1000 square feet. In addition, Code requires one off street parking space per bedroom for residential space. This can be varied by Council upon your recom- mendation. The applicant has enclosed a number of parking schemes which were perviously reviewed by Council. They approved alternative #3 which provided five spaces. The Planning Office would recommend this alternative (suggested by the Engineering Department). This would allow slightly more than 1.5 spaces per 1000 square feet as commercial space and retain the required residential parking. A question was raised by the City Attorney because of the non-conformity of the lot (4500 square feet where 6000 square feet is required) and how the status of the non-conforming lot affects this project. , In reading the non-conforming lot section, it indicates that only a single family residence Nould be allowed. This is very clear where the lot is undeveloped, but the issue is clouded in the situation where a structure already exists. In the case of the KSPN project, the structure currently contains a duplex which by definition is non-conforming (less than the requined lot area). The applicant's proposal to change the use to another use permitted within the zone brings up the question of expansion of the non-conformity. In discussing this problem with Ron Stock he stated that he is unclear as to what the non-conforming section says and would· look to P and Z for guidance. The Building Department, however, feels there is no conflict in changing from one permitted use to another within the zone as long as there is no structural modification which would increase the non-confonnity. This appears to be the way in which cases of this type have been handled in the past and for the sake of consistency should be followed in the future. The Planning Office recommends approval of the conditional use of .,Jh "Broadcasting Station" in the "O" Office district, approval of the moderate income housing (two units) conditioned upon a deed-restriction being executed , / between the City of Aspen and the owner of record establishing the rental and sales price as that of the moderate income bracket. Additionally, the Planning Office also recommends reduction of conmiercial parking to 1.5 per 1000 square feet, no reduction for employee housing, and recommend alternative #3 , conditioned upon the final approval of the City Engineer. I. , .... It f c wellon anderso~& associates architects / planners box 9946 / aspen , colorado 81611/(303) 925- 4576 t To: Aspen Planning & Zoning Commission ~ FROM: C. Welton Anderson, Architect RE: KSPN Conditional Use Hearing and Parking ~ Reduction Special Review . i DATE: June 13, 1979 KSPN-FM Radio recently purchased the blue. Victorian on Main Street, across 3rd Street from the "new" Floradora. Presently, the house has four bed- rooms with a studio apartment in the back. KSPN plans to convert the ground floor (except for the studio apartment) into office space and broadcasting studios; and the upstairs into a one-bedroom apartment for another employee. It was believed by the Planning Office that, although a radio broadcasting. station was not specifically listed in the Permitted or Conditional uses for the 0-Zoning District, the nature of this type of business was so similar to office uses that they recommended amending the code to include radio stations as a conditional use. The requirements of KSPN seem to bear out their beliefs. The 1322 square foot ground floor space breaks down to 1032 S. F. of office use and 290 S.F. of broadcasting studios. So, nearly 80% of floor area is in actual Office use, and the remaining studio space is of an even lower intensity use level than office use. The second part of this review is for parking reduction. Presently there - are 5 bedrooms within the two living units, but only two off-street parking spaces exist, a deficit of 3 spaces. Since £ spaces (1 per bedroom) were required, a series of public hearings were held in 1976 and 1977, when the then current owner wanted to add a master bedroom, raising the required number of parking spaces to 6. Three alternate proposals by the applicant and one by the City Engineer were presented to City Council in February of 1977, accommodating from 4 to 6 spaces. Council approved alternative #3, which provided 5 spaces, on February 14, 1977. Whereas, the 5 existing bedrooms, by code, require 5 parking space, this change in use would require only 4 spaces with parking reduction. There will be a one bedroom and a studio apartment for KSPN employees - requiring 2 parking spaces, and 1322 square feet of office space X 1.5 spaces/ 1000 S.F. = 1.9 spaces for a total of 4 spaces. Unfortunately, unless the studio apartment is torn down, there is not the space to accommodate more than 2 parking spaces within the boundaries of the property lines of this lot, unless at least one space is allowed within the public R.O.W.; which, in fact, is what Council approved in 1977 for this property. The site plan alternatives presented in 1977 are included in the Planning ...9 . <: . .1 .... - '7·/7/ , , ~t • ·· • - .... -1.- 1- 1 1 ....: . I . :n . . I I .1 4- 4 2 il .. 1.4 '.. 1 .1 1 11 I .. .1 4 . 1 , 0 .. 1 ·:.1 - 1 1 , . I lili 1 1 ,. 11 . . , - ... -- I . .I .. , /1.. 1 ¥,t, , . . 4 1 • 1 . I 3 . . ·· 4 . 42.... 't i 1 1 1 1 . I 1 1 1 1 0 1 . i . 0 .... 0 P 4 9 'j ALLEY ~ FOUND GET: REBARW/ ALU. CAP REBAR W/PLAS. CAP S75'09'll"E 45.00 NO NUMBER L.S. 9184 £ 41 . t-2 L.D: S75'01'33"E 44.97 1 t - 8 - .1,1 , ./16.3, 4 2 1 ~ CAR PORT 1 Ld 1 / 1/1'll - 1, # 1,: ~ i*+ 5-8~. ii_1 m ~ W, III \ /9/0/11 In 1 0 m / taia \ /~~~ 1. , i' ,+3 -»: I.3 -~4 / ' 1-/t 8.0. . -- 1 10, 4 \ 1 \ 1< CONC. PAD ~ 1 1~~0 T (,9 iv C-0 1 .fo-1 \ , fl 2 tf-~ f + 4 ~ *]4 ~ ~~0 ' f2 0 5 10 ·20 30 40 50 FT. 1/ 3 3 | LU' ·4: fo / SCALE: 1"= 10' \ BASIS OFBEARING: FOUND CITY MONUMENT SW CORNERbLK.44 1 M I. e /\\ 62 0 TO FOUND REBAR NO CAP AT THE SE COR. OF THE W 1/2 LOT L BLK.44 41 1 ' T 1 \00 /, f// 1 i 1 1- \ 01 \C] 2' 1 ¥ 1 ~ SURVEYORIS CERTIFICATE U-)/ !. 0.5 L I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS to A SURVEY MADE UNDER MY SUPERVISION ON JUNE 14,1979, OF LOT K AND THE WEST 1/2 OF LOT L,BLOCK 44, Cl-Y OF ASPEN, . / 1 Fle/ 0 / COLORADO. 0. , X | fOODE.~ POR H r t· 1.1 9 / CE + I J-- A + 1.- 1.1 18,2 05 -- 13 --31 0·5'~ i - ALPINE SURVEYS by: ~ JA~ES F RESER % -3 l. JUNE /9,1979 L.S. 9184 I . - CO N.1 N 1 b. 1 L .~ 4 FOU D: 1 1. L\ .;C i T M NUMENT' 1 , N 75°09'~11'' W ~5=00 ~ NOUND - -- REPARV,7 CAP rip,K TH,§ 1-06,3,oW Tlte ·961:LUTE CA•.4 TAED,trTICALLY RECEIVE ® W:TELLITES. 1 1Kt R,tr,·/,/PER *RE R,ux..Cap 54 7ME IU>056 ••Ad HOR)2,#. \360 'TAE bLUE 0,04*- KEPREbe,4 THE PRE66rr LOUmoA OF IKE 6,TELLATE DibM, f,Kra>t'~ I FRA TRI, 1.»TION THE b•¥EL.UlE LAA *11et,r 1,41,< 16(0[675 ALL 9:[Eurl-Eb. \ 3\© , j -rl• RED alotic REPREAM.8 pR#posED 6•JELLITE RELocATIoN * 1. ON loP OF TAE CAR- pon. ~172 . 'AC 11'i/ LygiAR FROK TM, 5 Lot*rieR TIME bau#TE o.4 -mae/Tio•LU¢ RECE,ve 7 5,1:r€Lurej . .EATCOM3K ily »T M 1 f'Rev,ded TAE<R NOT- P>Locj£. 04 THE HoltieS<. COMaK 9 AN,4 loof 59*2 9~ 1* ANK 0 740 TRE 2>twAL< 2*z>ck RepRE*<r, pRopojap SATELLITE REL#£,•·T,0.~ *2.. 0}4 TKIE ~stou.J COMMER OP L.dr. 5 -,1 1 *L 03. TR€ Re..,..LA put .Re BLOCKGP 89 'r*E £00*E A.A,& 00€ /4£>ttioN. -f T R~ E E ~T DATian.4 070 C0N2*R 3 ELEvAIt wH POK EWS-TEUJTE 50 - 615° le \,9661Ai< 3 SAIELLCIE DE•u ME N Il' x Ir 160 bATE-ept- 2- AM 990 ?AD 8, X 0, CDPA€S~AT AMI K 16° 1 ,04·6' ·WESTAR 4 tAI lb5© 5•TUM I .b.- 2,6 3 Ahal k 6 t*tiK p 5€FC»{A W COMRAA '1 w:*14 5 1140 tvt° a 00.0 045' 91° i 1 hAILDE 1 AMiA D Watiw••,V·' A.lk, AdiKB 2..3 0,0 *> SURVEYED: 14 JUNE 1979 PB TITLE: BUILDING PERMIT SURVEY JOB NO. 79-99 ALPINE SURVEYS DRAFTED: 18 JUNE 1979 DIVIc LOT K & Wl/2 LOT L CLIENT: RECREATION PC Boxl730 REVISIONS: BLOCK 44 Aspen ,Colorado 81611 PROPERTIES CITY OFASPEN,COLORADO 303·925·2688 SHEET NO.: I of I IL 100.00 2235 .L- CONC WALK a STEPS | . 0 . . . 0 . . $ 1 ALLEY FOUND: SET: REBARW/ ALU, CAP 1- REBAR 1/ PLAS. CAP S75'09'll"E 45.00 NO NUMBER L.S.9184 0 - FIELD·S75'01'33'~E 44.917 U-) LLI 1 LO ·Al J J ' 16.3 ' ~ 3 1 CARPORT IC, 1.' Iii ll.J M 11:i t 5.8 1. It,D ,,5.6 6 1 , ' j.3 ·L IF·+ 1 8.0. ,- -1 1 10 " 10 1 1 N 10 4, CONC. PAD i I TWO STORY'' 1-9.1 GO CAS »21 MET ERS~. _~_ VICTORIAN /' ' lcD 0 / /,2-11,0 7.7. .-Ct 9 C) o *9 • 45,1€'~" ,+2 ! 1 1 i O.5 4 10 5 2 0 5 10 20 30 40 50 FI O! 1 -- SCALE- 1"=10' • 4.441 - // 21 ~ (DO) 'r g BASIS OF BEARING: FOUND CITY MONUMENT SW CORNERBLK.44 [-316 / / ///// / i j TO FOUND REBAR NO CAP AT THE SE COR. OF THE W 1/2 LOT L BLK 44 * 4 u O 0 17 1 2 1 . /1 01 CO 8.5 0 I 'ff 1 \ -1 ! i SURVEYOR'S CERTIFICATE U-) O.5 L un I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS I m . ./ X 1 1 ' A SURVEY MADE UNDER MY SUPERVISION ON JUNE 14,1979, / ,>4>-~71 1 OF LOT K AND THE WEST I/2 OF LOT L,BLOCK 44, CITY OF ASPEN, 4 ~ * COLORADO. V. 0/ / / N. - WOODEN PORCH 1~9<|.2 r .//.2 -- O.5 -- i.6 -t*ili_ -:-1 0.5'1 / t 3 2 41 - . I. W %' k- ALPINE SURVEYS by: JAMES E RESER , U) £ JUNE /9, 1979 L.S.9184 35 K [ i WI/2 L U Z B L K. 8 44 FOUND c CiTY MONUMENT L N 75°09' 11' W 45.00 FOUND: x -- REBAR W/O CAP MAIN STREET SIJRVEYED: 14 JUNE 1979 PB TITLE: Bl-11 -ulk' EFF-k~· T S 1 1 EVEY JOB NO.: 79- 99 ALPINE SURVEYS DRAFTED: 18 JUNE 1979 DMc LOT K & WI/2 LOT L CLIENT: RECREATION PO.Box1730 PROPERTIES REVISIONS: BLOCK 44 Aspen ,Colorado 8I6I I CITY OFASPEN,COLORADO 303-925·2688 . e . e . SH~TNO.: I of 1 414'50'49"E 100.00 9 --- ----•,8YZ -------+