HomeMy WebLinkAboutcoa.lu.sr.recreation broadcasting KSPN Satellite.1983 CASELOAD SUMMARY SHEET
City of Aspen
No. //��
Staff: / /'_%' /"' '
PROJECT NAME: 7*CI fion,tVa<9Mt9/2
APPLICANT: / ' Their-all t'r,i AV 14 ��� . • A - Li !L' • Phone: /� //
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REPRESENTATIVE: Dh71./ Phone: 1 9R(..5 --- &4 7 / 5- R(.. &4
TYPE OF APPLICATION: (Fee)
I. GMP /SUBDIVISION /PUD (4 step)
SIC
1. Conceptual Submission ($1,840) �_ T
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) ($1,010) / e n �� bb,\
/O? ))\\
IV. SPECIAL REVIEW (1 step) ($ 465) i / l ir. 0
et 1
1. Special Review J et.
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2. Use Determination ') �/
3. Conditional Use
REFERRALS: Date Referred: 4
Attorney Sanitation District School District
V Engineering Dept. Mountain Bell - Rocky Mtn. Nat.Ga
Housing Parks State Hgwy. Dept.
Water Holy Cross Electric Fire Chief
City Electric ✓ Fire Marshall /Building Dept. Other
FINAL ROUTING: Date Routed:
//Attorney ✓ tngineering
Building Other
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DISPOSITION: 8 I 7 I
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CITY P&Z REVIEW: 81 i \ IN, (7 j t ', L (AC( A t - f ) i?....cs\i-A L , • . : S
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CITY P&Z REVIEW: j i -
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CITY COUNCIL REVIEW:
•
Ordinance No.
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'•, Le• if ••• e.. u•fyyy.lor'Word the u„v,d „ tit ((UU[n
, Reception No I, 1,E1't'1
•
Tats DEED, Made September 10 .19 32 , between
Thomas Carl Oken STATE DOCUMEATAitir FEE
I as the Public Trustee, of the County of Pitkin
� 1P 1 0 1982 h
1 I ' Colorado, and Recreation Broadcasting, of Asnen, Inc. C,e
Purchaser(s), whose street address is 400 West Main Street
CityorTownof Aspen
County of Pitkin and State of Colorado , WITNFSSETH: •
Whereas, Steve Schneider
did, by Deed of Trust dated October 31 , 19 80 , il
and recorded in the office of the Clerk and Recorder of the County of P itkin , Colorado.
on October 31 , 19 80 , in Hook 398 at Page 305 , (Film No. , Reception No22839Q•
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
I 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 and a copy of the notice of sale was in apt time mailed to
the persons required by statute, and said property was in pursuance of said notice sold to
Recreation Broadcasting of Asnen, In c.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 in 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 is hereby acknowledged, conveys to the said li
Purchaser(s), th 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 following described prop-
erty situate in the County of Pitkin , Colorado, to wit: •
I
Lot K and the West 15 feet of Lot L, Block 44,
CITY AND TOWNSITE OF ASPEN, 0, - r,
Pitkin County, Colorado >
•
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via. — � c : r.,.
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c� rt:
ry :n
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To Have and to Hold the same unto the said Purchaser(s) th eir heirs, successor ocCassigns forever.
I Executed the day and year first above written. ; 't %O .. 0 .. t`
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� T r. r
Y
..y 1a1.4 ,
. .��` c(.<r (:.c,_,'' [SEALI
As Public Trustey th¢
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C ounty of P itkin , Colorado.
STATE OF COLORADO,
j ss.
County of Pitkin '
The f orego i ng i was acknowledg before me t his 1 0 Lf1 day ol5 eptemh er
� '� 19 82, by Carol L. Foote , )milt $s the Public liosier of the County of got o ,
t',, •
Colorado. n ....., 1 ,t `
•
My expires ^ larch 7 der
M c ommission ex ires L al ..1• . Jed '. Jt i
Witness my hand and official seal. 'pre
r 0 4 n ties whee k nd p' {, , 1 en ,b h.+l J t, Inn sl ,';.� _
I�
j •• If coun tl har boo
s been a ass of 1 n 1 unl 01. t 1 it .. , 1 I i 1 p "� „ +� \,.r, + "L "i' �7 ti 1 .
r - L'� e is l+, n
corporation, se[ forth name f car po r,i� dud ',Litt. 1 Inc!), P r. ti n � ��
• ••Change for Joint Tenancy. _ •
Mailing Address for Recreation j1oade itit ing of Aspen, Inc. ^ - , 4 , 00 �d jest 'lain - Aspen, Co.
Future Tax Notices N .1111" ttng
I No. 334P— peruro 73 rursl IC 1 1eutire:e.5 otro
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AGE N D A
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
.~~.
J
TO:
FROM:
RE:
DATE:
,...
,-,
MEMORANDUM
Aspen Planning and Zoning Commission
Colette Penne, Planning Office
Recreation Broadcasting Inc. Satellite Dish -
Special Review
August 2, 1983
Location:
Zoning:
Applicant's
Request:
Referral
Comments:
Planning
Review:
332 West Main Street (new KSPN offices); Lot K
and the west 15 feet of Lot L, Block 44, City
and Townsite of Aspen.
o - office.
Expansion of KSPN's conditional use permit to
locate their satellite dish on the premises of
their office building at 332 W. Main Street.
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."
Office
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.
,--,;;....
..
,.......,
,.......,
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
Recorrunendation:
The Planning Office recorrunends conditional use
approval and an expansion of KSPN's existing
conditional use permit to allow the placement
of the satellite dish on the pror;{f;lded pole
mount as far east on the property as possible
without violating area and bulk requirements
under the following conditions:
1. Abuilding 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 corrunission will require that the
applicant submit current information to
determine if changes in "state of the art"
warrant replacement with a substantially
smaller device.
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ASrLN'S FIRST LOCAL SIMULCASTIIIII
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TV 2 DAILY PROGRAM SCHEDULE
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. "ROYAllY Of ROCk"...
Saturdays &. Mondays
at 8,00 pm to 9,00 pm
. SUNDAY AT THE SYMrHONY
Sunday Mornings
from 10,00 am to Noon
. JAZZ ON A SUNDAY NIGHT
Sundaytvenings
from 8,00 pm to Midnight
~
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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
Review:
Office
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 al.l 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.
I"".
.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 p1a~nt
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
~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.
C41'\.6-
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.
~l
(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.
'"
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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.
~ 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 i 7 becomes available. \
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T abV~ +0 VlSl-)ZT ~ CUAfuy YVI.9_CLll f'j1\'
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PETER V AN DOMELEN. P,C,
~.
ATTORNEY AT LAW
SUITE 202 MIL.L. Be MAIN BUilDING
400 E. MAIN STREET
ASPEN, COLORADO 8161 1
<303l 925.6415
June 28, 1983
Ms. Colette Penne
City of Aspen
Planning Department
Aspen. CO
HAND DELIVERY
Re: Recreation Broadcasting of Aspen, Inc. - Channel 2
Dear Colette,
Enclosed herewith is the survey of the premises
depicts the available satellite receptions from
locations for the satellite dish. This is a result
engineering studies which were made with respect
three possible dish locations.
which
various
of the
to the
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 recei ved 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
and Zoning Commission may have.
~' of the Planning
~rzr:ry truly,
Peter Van Domelen
PVD:tu
Enclosure
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CERTIFICATE OF MAILING
. I hereby certify that on gfffl.t./ I({/ , 19B- a true and
correct-copy of the Notice of Pu lic Hearing regarding ~/7/L7J7~
~{f'/~' (~Jj--lAb ~7r-t'JLf 7iitH/~
was deposited into the United States mails, postage prepaid. and addressed
to the following:
~ rilliiilId. .
vf71Vt1M~
Martha Ei che 1berger
,,.....,.
-,
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 & ZoningCommissio
Published in the Aspen Times on June 16, 1983.
City of Aspen account.
1lI
,
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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 Hhyte
P.O. Box 202
Aspen, CO 31612
G,H,I
Ruth Whyte
P.O. Box 202
Aspen, CO 81612
K, W 15ft. I
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
I-A
R. Prina 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
I-B
Stephen F. Wishart
P.O. Box 2304
Aspen, CO 81611
.'
-2-B
B-A
Carriage House
Block 45
B,C,D
pt D, E, F,G,H,I
Aspen A Condos
1
2
Shadowview Condos
A
B
C
D
Block 45
R,S
K,L
Block 37
A,B,C,D, W 1/2 E
^
1"""'..
Mountain States Communications Inc.
P.O, Box E
Aspen, CO 81612
Barbara H. Truan
333 West Main Street
Aspen, CO 81611
Grape Carriage
% C. Frandal
% Box 4474
Box 1150
Crested Butte, CO 81224
J. Sterling Baxter
P.O. Box C
Aspen, CO 81612
TOR Corp.
311 West Main Street
Aspen, CO 81611
Vicky L. Bagley
3015 M Street Northwest
Washington, D.C. 20007
Martin H. Kahn
P.O. Box 3386
Aspen, CO 81612
Sue Mitchell Crowley
409 S. Greenwood Avenue
Columbia, MO 65201
Barbara G. Seidel
31094 West Thompson Lane
Hartland, WI 53029
Priscilla C. Harper
Box 10906
Aspen, CO 81612
Riverview Development Company
2300 Territorial Road
St. Paul, MN 55114
C.M. Clark
P.O. Box 566
Aspen, CO 81612
Ted V. and Sylvia H. Brown
230 Bunker Hill Road
Houston, TX 77024
John J. Strandberg
Jane T. Strandberg
Apartment 2403
2510 Grand Avenue
Kansas City, MO 64108
"
Block 37
pt G,H,I
E,F,G
N,O
P,Q,R
K,L
Block 38
A,B
C thru I
K thru S
Block 36
pt A,B,C, and
K thru
Pioneer Park Condos
Hallam Street Condos
A
B
Block 36
F thru H
,.....,.
r"""\
James H. Glanville
% Harding and Evans
Suite 415
4615 Southwest Freeway
Houston, TX 77027
John J. Strandberg
Jane T. Strandberg
Apartment 2403
2510 Grand Avenue
Kansas City, MO 64108
William L. Comcowich
P.O. Box 1187
Aspen, CO 81612
Carinthia Corporation
Box 941
Aspen, CO 81612
Mrs. Alma Beck
430 West Main Street
Aspen, CO 81612
Mary E. Perkins
435 West Main Street
Aspen, CO 81611
Hans B. Cantrup
Box 388
Aspen, CO 81612
Sopris Village Properties, Inc.
% J. Mark Longfield
103 West First National Bank Building
Pueblo, CO 81003
John F. Weaver, Jr.
Mary Weaver
442 West Bleeker Street
Aspen, CO 81612
David Sawyer
Robert Randolph
5851 San Felipe
Suite 215
Houston, TX 77057
Jan G. Gunn
Box 11438
Aspen, CO 81612
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
~
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N'_H . \...,:~"c<SFD \
,,,)v""" _"l" Mt\1
\.\Ni;SlIC \0 \U,,\~ Jan G. Gunn
Box 11438
Aspen, Colorado
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1L JUN 22 1983 Ii'
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FU''.I\d\ii\lr:: nr::::S:ICE
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PETER VAN DOMELEN. P,C.
ATTORNEY AT LAW
SUITE 202 MILL & MAIN BUILDING
400 E. MAIN STREET
ASPEN. COL.ORADO 8 t 61 1
(303) 925-6415
~.
June 15, 1983
Ms. Colette Penne
City of Aspen
planning Department
Aspen, CO
Re: Recreation Broadcasting of Aspen, Inc. - Channel 2
.Application for Conditional Use Permit for Satellite
Dish
HAND DELIVERY
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.
~-,
~outs very truly,
~~
Peter Van Domelen
PVD:tu
Enclosure
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11 . JUN 1 G 1983 iJ I
D... __....-.A:..::..
ASPEN I PiTKiN CO
PLANNING OFFiCE
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MEMJRANDUM
TO:
Colette Penne, Planning Department
Jay Hammond, Assistant City Engineer~
FROM:
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
.1""'\
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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 Verp1ank
c/o Shape corporation
1900 Hayes Street
Grand Haven, MI 49412
General Manager:
Cindy Chardonnay
332 West Main Street
Aspen, CO 81611
1"""\
.~
MEMORANDUM
TO:
~.
JL~. _. ~v
~o- ...N'x
8..9--~ ~
PLANNER:
Colette penne
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.Mair. Street. .
;\._; ,l...
Please revie~the .materials and return your comments to the Planning
Office no later thanJune20j as the item will go before the P&Z in
early July.
Thank you.
-
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PETER VAN DOMELEN. P,C.
ATTORNEY AT LAW
SUITE 202 MILL 8: MAIN BUILDING
400 E. MAIN STREET
ASPEN. COLORADO 81611
(30$> 925-6415
June I, 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 la, 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.
~truly,
,~
Peter Van Domelen
PVD:tu
Enclosure
t""'\
,'-"
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 premises located at 332
Colorado, legally described as:
the owner
West Main
and occupant of
Street, Aspen,
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
permi t 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.
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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
premises.
certificate
of
ownership of
the
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.
REC~~ON BROADCASTING OF ASPEN,
By '\~AS;-Z~
Peter Van Domelen
Its Attorney
INC.
Enclosures
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MEMORANDUM .
TO:
FROM:
RE:
DATE:
Aspen Planning and Zoning Commission
Jim Reents, Planning Office
KSPN Conditional Use Public Hearing
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 conditional uses within the "0" Office district
be allowed only in individually designated historic structures.
The "0" Office district allows for accessory dwelling units design~ted
moderate income housing. The Planning and Zoning Commission can approve
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 parkiog.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 mOfe than 1.5 spaces
per 1000 square feet as commercial space and retain the requi~ed 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-co~forming lot affects thi s project. .
In reading the non-conforming lot section, it indicates that only a
single family reside~ce would 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 requir.ed 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 alild Z for guidance.
The Building Departm8nt, however, feels there is no conflict in changing from
one permitted use to another within the zone as long as therei is no structural
modification which would increase the non-conformity. 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 reconrnends approval of the conditional use of .
.~;.. . "Broadcasting Station" in the "0" Office district, approval of the moderate
:)j,t income housing (two units) conditioned upon a deed'restriction being executed
:. 'between the City of Aspen and the owner of record estab 1 i shi ng the rental and
sales price as that of the moderate income bracket. Additionally, the Planning
Office also recommends reduction of commercial parking to 1.5: per 1000 square
i feet, no reduction for employee housing, and recommend alternative #3 .
. 'conditioned upon the final approval of the City Engineer. .
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C. welton anderson & associates
architects / planners .
box 99461 aspen ,colorado 81611 1(303) 925-4576
~
TO: Aspen Planning & Zoning .Commission
FROM: C. Welton Anderson, Architect
RE: KSPN Conditional Use Hearing and Parking
Reduction Special Review
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 O-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 thei r bel i efs. The 1322 square foot ground fl oor 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 reduGtion. Presently there
are 5 bedrooms within the two living units, b~t only two off-street parking
spaces exist, a deficit of 3 spaces. Since 5 spaces (1 per bedroom) were
required, a series of public hearings were held in 197Q 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 t.o City Council in February
of 1977, accommodating from 4 to 6 spaces. Council approved alternative
#3, which prov'ided 5 spaces, on'February 14,1977.
Whereas, the 5 eXisting bedrooms, by code, nquire 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 - requirin'l
2 parking spaces, and 1322 square feet of office space X 1.5 spacesl
1000 S. F. = 1. 9 spaces for a total of 4 spaces. Unfortuna te ly, 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.i~. 1977 are included in the Planning
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