Loading...
HomeMy WebLinkAboutLand Use Case.CU.465 N Mill St.A28-91►-, '^• ;wIl J CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 5 7 9 DATE COMPLETE: a P RCEL ID AND CASE NO. 131 - oo A28 -91 STAFF MEMBER: LL PROJECT NAME: A3 North Mill Street Conditional Use Review for a Satellite Dish Project Address: /45 North Mill Street Legal Address: APPLICANT: Henry's Audio /Video Specialists Ltd. Applicant Address: REPRESENTATIVE: Gideon Kaufman Representative Address /Phone: East Hyman Suite 305 Aspen CO 81611 5 -8166 ---------------------------------------------------- AMOUNT PAID $780. NO. OF COPIES RECEIVED 12 PLAT 0 TYPE OF APPLICATION: 1 STEP: X 2 STEP: P &Z Meeting Date Wfi PUBLIC HEARING: YES NO / VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: 5_1 INITIALS: FINAL ROUTING: City Atty Housing DATE ROUTED:_ City Engineer /Zoning other: ITIAL: _Env. Health FILE STATUS AND LOCATION: MEMORANDUR -A, TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning DATE: July 16, 1991 RE: Conditional Use Review for a Satellite Dish ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant seeks a conditional use review for the placement of a satellite dish on the premises for business purposes. Pursuant to Section 24 -5 -211 a satellite dish is a conditional use in the Service /Commercial /Industrial (S /C /I) zone. In addition Section 24 -3 -101 outlines specific review criteria for the establishment of a satellite dish. Staff recommends approval of the satellite dish in location B. APPLICANT: Henry's Audio /Video Specialists, Ltd. as represented by Gidion Kaufman LOCATION: 465 North Mill Street ZONING: Service /Commercial /Industrial (S /C /I) APPLICANT'S REQUEST: Conditional Use review for the installation of a satellite dish. PROCESS: A conditional use is a one -step review by the Planning and Zoning Commission at a public hearing. The proposed location is not located within an Historic Overlay District therefore review by the HPC is not required. REFERRAL COMMENTS: Referral comments were not requested for this application. STAFF COMMENTS: A. Proposal - The applicant proposes to install a 7' diameter dish with a transparent black mesh cover. The applicant has identified two sites (please see site plan). Site A, could be screened with vegetation to reduce the visual impacts while site B would not be as visually obtrusive for pedestrians, bikers, and drivers. The height of the dish is proposed to be 3' off of the ground at the base of the dish and 10' at the top of the dish. If the dish is located on the building then the top of the dish would be approximately 7' above the edge of the roof. B. Conditional Use Review - Pursuant to Section 7 -304 the criteria for a conditional use review are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is in; and RESPONSE: The purpose of the S /C /I zone is to "allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer traffic volumes." The applicant intends to install a satellite dish in order to offer services not available in the valley. The applicant intends to utilize the dish to repair satellite receivers and to promote the sales of satellite dishes. The continued operation of this business and the purpose of the dish comply with the intent of the zone district. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and RESPONSE: The dish is proposed to be located with the City's service, commercial and industrial zone district. The surrounding land uses include a bike shop, laundromat, video store, auto service, ski photo, and printing shop. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and RESPONSE: Pursuant to Section 3 -101 the definition of a satellite dish provides that the visibility of the dish from the public 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. Staff recommends the roof top location of the dish. Site A is too visible and probably could not be effectively screened. Site A may also be perceived as public open space and does serve as visual relief from the hard - surfaced aspect of this very busy corner. Site B, although projecting higher into the air, may not be as visible at eye level and could be screened by the existing trees. Site B would also not intrude into open space. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protec- ra tion, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: The dish has no impacts on public facilities or services. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The installation of a dish will not require an additional employee as the employees of Henry's will "handle this aspect of the business." F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The conditional use complies with all other aspects of the Comprehensive Plan and the elementeL of Chapter 24 of the Municipal Code. l\34 nC�� RECOMMENDATION: Staff r co ends approval of the installation of a satellite dish at Site on top o the roof as presented eq. " J � 9 NOTICE TO ADJACENT PROPERTY OWNERS RE: 465 NORTH MILL STREET CONDITIONAL USE REVIEW FOR A SATELLITE DISH NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 9, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Henry's Audio /Video Specialists, Ltd. requesting Conditional Use Review approval for a Satellite Dish to be located at 465 North Mill Street. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /Jasmine Tyvre. Vice - Chairman Planning and Zoning commission ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 FAX,I (303) 920 -5197 May 15, 1991 Gideon Kaufman 315 East Hyman, Suite 305 Aspen, CO 81611 Re: 445 North Mill Street Conditional Use /Satellite Dish Dear Gideon, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review at a public hearing by the Aspen Planning and Zoning Commission on Tuesday, June /if, 1991 at a meeting to begin at 4:30 P.M. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post the subject property with a sign for the public hearing and mail notice to property owners within 300 If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan, Office Manager LAW OFFICES GIDEON I. KAUFMAN GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST LAYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 May 6, 1991 Ms. Leslie Lamont Aspen /Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 TELEPHONE AREA CODE 303 925-8166 FMOS-1090 Re: Conditional Use of Satellite Dish for Henry's Audio /Video Specialists, Ltd., 465 N. Mill Street, Aspen, Colorado Dear Leslie: Please consider this letter an application for a grant of a conditional use permit for a satellite dish in the SCI Zone. Pursuant to §5 -2.12, satellite dishes are conditional uses within this zone district. My client will be offering satellite services not available in the valley. The two previous providers of these services are no longer in business, and there is a real community need for my client's service. The dish which is being proposed is a smaller dish. It is seven feet (7 in diameter with a black mesh cover that can be seen through. Per our site visit, we have identified two options for the location of the dish. One location is in a little yard area, which can be screened by plantings, or we could put it in the cinder block on the roof. We are happy to accommodate either location. Our primary concern is to offer the service, and we would be happy to respond to the most appropriate location. There are only two locations which are available. The proposed locations are controlled by the landlord, and permission has been secured from him for siting the dish at either site. Both sites have unobstructed views to the skies in order to contact the satellite as it passes by. The applicant is Henry's Audio /Video Specialists, Ltd., 465 N. Mill Street, Aspen, Colorado. Their telephone number is 925 -1110. The address of the satellite dish will be 465 N. Mill Street. The specific locations are shown on the plats submitted with this application. I have submitted for your review a Deed recorded in Book 436 at Page 972, which shows ownership of the building in the name of the landlord of Henry's Audio /Video Specialists, Ltd. The landlord, David Baxter, has consented to this application, as evidenced by the attached letter. We feel that conditional use is consistent with the purposes, goals and objectives of the Aspen Area Comprehensive Ms. Leslie Lamont May 6, 1991 Page 2 Plan within the SCI Zone District. within Aspen that such a use would Service /Commercial /Industrial Zone conditional use is consistent and of the area of the parcel. This i for this type of use within the Ci to place it on the roof where it w a place it in the yard where it ca the two locations which have been impacts and any adverse condition. This is the only place be appropriate - the We feel that the compatible with the character s the appropriate location ty limits. Our proposal is ill not be noticeable, or to n be screened. We feel that selected minimize visual The satellite dish has no impacts on vehicular circulation, parking, trash, service delivery, noise, vibrations, or odors on surrounding properties. Likewise, the satellite dish creates no impact on public facilities or services. There will be no additional employees generated by this existing operation, as existing employees will handle this aspect of the business. We believe that all other elements of the Aspen Area Comprehensive Plan, as well as the elements of the Conditional Use chapter, have been met by this application. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation -y — '�j �� Gi n Kaufman GK /bw Enclosures Hklv,(Y'S AUDIO VIDEO SPECIALISTS, Lao. 465 NORTH MILL STREET ASPEN, COLORADO 81611 (303) 925.1110 Pitkin County Planning Offioe 130 S. Galena Aspen, Co 81611 Gentlemen: 1 i JUN 2 61991 This letter is to inform you that I authorize Gideon Kaufman to represent us in our application for a sattelite dish, w k AA� t CK mAle May 7, 1991 Mill Street Venture C/O FWMC • 1 17 S. SPRING • ASPEN, COLOR Do 81611 • (303) 925 -7323 City of Aspen 130 S. Galena Street Aspen, Colorado 81611 RE: Mill Street Commercial Bldg. 465 N. Mill Street Gentlemen: Please be advised that our tenant, Henry's Electronics has permission to install a satellite receiver dish either on the roof or the lawn at 465 N. Mill Street. The exact position and method of the install- ation will be determined by the building owner at the time of the installation. We request that you grant Henry's this conditional use. Respectfully Submitted, David Baxter Managing Partner � d j9A.. elx ilk � o �. N IA 1p A A .—.f iyya Lyq t A r+S 9 • r: diG MA.3. • wY RAINBOW APPLIANCE WHOLESALERS, LTD. 465 NORTH MILL STREET ASPEN, CO 81611 -1596 (303) 925.1110 J t .I l �DZ s 13 2 E .. y 'a ml:('.43u 1..:973 A tract of lead situatod in the Northwewt one quarter of the Southwest one - quarter of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridaln, described as followst ( p0, p i. f.i 5 K` Beginning at a point from whence the West one-quarter corner of said Section 7, bears North 19'58'22" West 1124.96 feet, said point being the Southwesterly corner of tract of land described In Book 177 at page 618; thence on a curt•@ to the left with a radius of 668.no feat a distance of 222.1 test the chord of which bears South 25'40'02" Namt 221.1 feet, along the Northe line of a tract of land described in book 276 at page 604; thence South 66'48'11" East 151 feet along the Northeasterly line of said tract of land described in Book 276 at lingo 604 to n point on the Northwesterly line of tract of land described in Book l50 at page 1451 thence North 19'05'07" Past 240.00 feet along maid Northwesterly line to the most Northerly corner of said tract of land described In Book 180 at page 1451 thence North 10'12'10" West 61.00 feet to the Southeasterly corner of said tract of land described in Book 177 at page 615: thence South 84 West 5.00 feet along the Southerly line of said tract of land described In Book 177 at page 618; thence South 05'41' East 66.31 feat along the Easterly line of a tract of land described In Book 291 at page 873; thence South 84'19' West 95.00 feet along the Southerly line of said tract of land described in Book 293 at page 8731 thence North 05 West 66.31 feet along the Westerly llne of said tract of land described In Book 293 at page 871 to a point on the Southerly line of said tract of land described in Book 117 at page 6181 thence South 84'19' West 203.00 feet along said Southerly line to the Place of Beginning. Excepting therefrom, that portion described !n deed, to the city of Aspen, recorded December 21, 1976 in Book 321 at page 791. County of Pitkin, State of Colorado. Pap 2 f4T KNVj% It T I T 1.1. @e.uerr cure.@• coca • (nH1 1 PY.`I'I(N Ut271••. _. Vo t. Pte Wquit'ed — 436 ((j� n sc.�NM. • 972 14 (y 11 I� TnisDrrti. M+d.lhio (p dsyer October to 82. betwr.n Edward II. Daring, Edward W. Writer III, David A. Baxter and Mountain States 0mitu lications, Inc. afthe County$ Pitkin and stair of Colorado, of the first part, and Mill Street 3"ot venture rheas, logsl addrcw 1s ltsWltDIOrs STAMP =71 Cp T:.t .m N '` to ...� N co o u C'. editor Countyof Pitkin and stale of Colorado, of the &I part. WITNEIIIII . That..-* said part ieMihr llrol P•rl, for anA In eou.ldrratlon of the +um sal M DOUARS aid other goad and valuable cartsideraticft Jd� ✓� �' to thr Said part ieS.I lho Sal port In hand Paid by the said par! Y of the Second part. the rer.1pt whereof is hereby renfroard and acknowledged, haVeremiwd, r.II Sold conveyed and QUIT CLAIIIIII and by thew prwnlade "raise. "II aell.tenvey and QUIT CLAIM unto the said part Y eflMwrond Part, its hells, sueceown and wsigno. forever. all the right title. interval. claim and demand which the Said Part ietbf the ant part he Vein and to the following described lot or parcel of land situate. lying and heing In the County ad Pitkin and RlateofGlersA.Aawil: See Exhibit "A" attached hereto aid incorporated herein. ...,:;.i,1AY FEE otC 61982 This deed is a cot: -ctive deed given to correct an error in the name of the Grantee in that certain deed recorded in Book 312 at Page 635 of the records of Pitkin Canty, Oolorado. at" known se .lrewt and number sTATtorCOLORADO, gyt — Do ! county eve 1PitY.in for Ina wo St 1 paled dhen rc 1 hie of YOw') day �� _ ��ree II, � = t David A. Baxter '. of Motattain States WmRa!ications Inc. p:> (170 oar M /rmmiwionoepires l� , �S. IyQiAWltnewmyho d a ` ndofeeidwd. : :'V d t Ly'•,• to \ +�__ - �'4� rte. �• O / /`. TO HAVE AND TO HOLD the Same, together with all and Singular the topurtenanews and privileges theriagto bolo wring er in snowless thereunto appertaining, and all the estate. NgbL title, Inters/ and claim whatawrof, of the paid part lest the firm part. either In taw or equity, to the only proper use, lar tnl and behoef of the said party of the aerend part its lwtr and assigns forever. IN WITNESS WHEREOr. The said part iesf thefiretpsetha her and Sad IS the day and year first above written. I SEALI i Signed, IleSied and Delivered In the Prcsrnrc of SEALI ntte U&V3n aEALI A. Secretary — I - - ME I lo. .J'. I