HomeMy WebLinkAboutpitkin.boa.08.11DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN AL')L' bF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORBER
Summary Sheet
Resolution for the BOCC and/or Pc&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2465-15-3-00-005 Application Date: 7/10/08 Case No: BOA010-08
Description: Crown Point Communications Site Height Variance
Access #BOA11-08
Project Address: 2500 STONE RD, BASALT, CO 81621
Property Owner: PITKIN COUNTY Address: 76 SERVICE CENTER RD
Owner's REP: ALAN RICHMAN
REP's Email:
ASPEN, CO 81611
Address: PO BOX 3613
ASPEN, CO 81612
Planner:
# Copies:
Allocated Hours:
Over Hours:
Owner Phone: (970) 920-5070
REP's Phone: (970) 920-1125
Referrals:
Comments Due Date:
Other Referrals:
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date: 08/07/2008
Review Body: boa
Public Hearing? yes
Notice Date: 07120/2008
Meeting Notes:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: BOA #11-2008 #554014
Application Type:
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RESOLUTION OF THE PITHIN COUNTY, COLORADO
BOARD OF ADNSTMENT
GRANTING A HEIGHT VARIANCE
TO THE PITHIN COUNTY CROWN POINT COMMUNICATIONS FACILITY
Resolution No. 11-2008
WHEREAS, Pitkin County, holder of a Bureau of Land Management (BLM) Right-of--Way at the
top of Stone Road on Crown Mountain, is requesting three height variances for the construction of 3
communication towers. One height variance of 36.5 feet for the construction of a 76.5 foot high
communication tower where forty (40) feet is allowed and two height variances of 11 feet for the
construction of two additiona151 foot high communication towers where 40 feet is allowed and;
WHEREAS, the Right-of--Way contains 15,000 square feet and is located in the RS-30 zone district;
and
WHEREAS, the area of the Right of Way is described in Exhibit A; and
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30-28-118(2) (C); and,
WHEREAS, based on the evidence presented, the Boazd of Adjustment makes the following
fmdings:
1. Proper notice procedures, including the notification of all adjoining pmperry owners, has been
shown by the applicant.
2. The required hazdship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfaze and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Boazd of Adjustment, that one 36' 6" height
variance, and two 11' height variances be granted for the construction of 3 communication towers as
shown on Exhibits B and C due to the narrowness and steepness of the site.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of
Colorado.
DATED: eptembe , 2008
ATTE
an Pearson, Date
County Zoning Officer
Pazcel ID# NO PARCEL m
DO(l('01 °~ ~]~
The Board of Ad' ent of
RECEPTION#; 554014, 11!03!2008 at
03:48:57 PM,
t OF 4, R $0,00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Pi Co ,Colo 0
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'c ead, Date
Co-Chairperson
Exhibit A
Legal Description
Being a pazcel within a portion of the Southeast quarter of Section 15, Township 8 South,
Range 8 West of the 6`~ P. M. County of Pitkin, State of Colorado, being more
particulazly described as follows:
Commencing at the South Quarter of said Section 15; thence, along the West line of said
Southeast Quarter, N00°29'42"E, 1068.69 feet; thence S89°30'18"E, 501.65 feet to the
point of beginning; thence N52°55'24"E, 150.00 feet; thence S37°04'36"E, 100.00 feet;
thence S52°55'24"W, 150.00 feet; thence N37°04'36"W, 100.00 feet to the point of
beginning.
Containing 15,000 sq ft or 0344 acres more or less.
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M1N UTES
of the
September 9, 2008
Pitlun County Board of Adjustment Meeting
Members Present: Jim Rifkin
Jamie Brewster-McLeod
Patrick McAllister, Co-Chair
Rick Head, Co-Chair
Michael Cooper
Members Absent: Bob Throm
Staff: Joanna Schaffner, Zoning Officer and acting secretary
Susan Pearson, Zoning Officer and acting secretary
Head opened the meeting at 5:30pm.
CASELOAD:
Case # 11-2008 ..$dk~r~oinnty -Communication Facility
Crown Point -Top of Stone Road
Land use planner, Alan Richman and project manager, Donald Mitchell were present to
represent the applicant in the request for a) a 36.5 foot Height variance, b) an I 1 foot
height variance and c) an 11 foot height variance, where a maximum height of 40 feet is
allowed, to erect three cell towers on this 15,000 squaze foot lease pazcel in the RS-30
zone district.
The Affidavit of Posting was submitted. There were no members of the public present to
comment on this application.
Richman showed the Board a site plan of the 100' x 150' lease pazcel sun•ounded by
BLM lands. The site consists of a narrow, flat bench which drops off precipitously on all
sides. The existing facility is 750 feet from the last house on Stone Road. The site can be
seen from Emma and Sopris Creek Road.
He explained that this site has been a communications site since the 1960's. Today, there
are four towers 50 - 60 feet tall and a 120 sq ft, old building. Cell phone, radio, TV, and
911 service all rely on these facilities. The County needs to replace and update all of
these facilities with three new modern towers and a new support building.
Richman showed the Boazd photo simulations of the proposed facilities and how the
towers would look when viewed with the naked eye from the valley floor between
CitiMazket in EI Jebel and Emma. This plan has been approved by the BOCC and is
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supported by the Emma/Basalt caucus. A height variance is necessary to accommodate
multiple users to comply with the county's requirement to co-locate. He pointed out that
the 40 foot height limitation is not a limitation from the Area and Bulk requirements of
the Land Use Code, rather it is established in the Cell tower section of the code, and was
intended to be a limitation that would be compatible with surrounding residential
development.
Riflcin asked if there were any objections in any of the previous hearings. Richman
responded that the Emma/Basalt caucus supported the application because of the
important nature of the facility, and Stone Road home owners also supported the
application.
Riflcin made a motion to approve the application due to the narrowness and steepness of
the site. Cooper seconded the motion, and it passed 5-0.
Case #12-2008 Elk Mountain Lodge, LLC
Rooney Circle
FKA 10800 Castle Creek Road
Due to a conflict of interest, McAllister excused himself from the room and will abstain
from voting on this application.
Tom Newland was present to represent the applicant in their request fora 3.5 foot Height
variance where 6 feet is allowed within the Front Yard and Major Road setbacks to
relocate a driveway. The parcel contains 52 acres and is located in the AR-10 zone
district.
The Aff davit of Posting was submitted. There were no members of the public present to
comment on this application.
Newland explained how the former lodge is now asingle-family residence. He
distributed photos of current conditions and explained how the existing driveway is
hidden from the approach on Castle Creek Road. The plan is to abandon and revegetate
the existing driveway and relocate it to create better site distances. The proposed location
has a man made depression, or perhaps a ditch, and a 2:1 slope where the county road
drops off to the site. The applicant wishes to eliminate the 2:1 slope and make the slope
more gradual. Also, by raising the grade, the driveway will be at the same level as the
road for the first 20 feet, which is also a county code requirement. This will necessitate a
variance on the downhill side of the driveway where re-grading will exceed the 6 feet
allowed by the code. Newland submitted the amended land use approval to the Board.
Cooper stated that he did not see any negative impacts with the request and made a
motion to approve the application due to unusual topographic conditions. Brewster-
McLeod seconded the motion, and it passed 4-0 with McAllister abstaining.
~~~ '~Q
McAllister re-entered the room.
Case # 13-2008 Sturtz, Paul and Linda
Parcel 6, Sopris Mountain Ranch
West Sopris Creek Road
Alan Richman was present to represent the applicants in their request fora 22.5 foot Reaz
Yard setback variance and a 37.5 foot Rear Yard setback variance where 50 feet is
required on this 52.16 acre parcel, to construct a residence and a detached gazage
respectively, due to a physical hazdship.
The Affidavit of Posting was submitted. There were no members of the public present to
comment on this application. Michael Doyle was present representing a neighbor, but did
not speak.
Richman presented to the Board a site plan showing how the subject site is bisected by
the County Road. Most of the lot is a lazge open meadow below the road. The 1.2 acre
building envelope is on the opposite side of the road and was chosen to preserve the open
meadow (a requirement of the HOA) and to meet the county requirement that the house
not break the skyline as viewed from West Sopris Creek Road. He stated that the HOA
supports this location.
McAllister made a motion to approve the application due to topographic conditions.
Rifkin seconded the motion, and it passed 5-0.
Case # 14-2008 Barnhardt, George
1000 Dorais Way
Redstone
The applicant was present to request a 30 foot Front Yard setback variance where 30 feet
is required on this 2.22 acre parcel in the RS-30 zone district. Pearson corrected the
acreage indicated on the agenda.
The Affidavit of Posting was submitted. There were no members of the public present to
comment on this application.
Peazson relayed messages from neighbors, Hall and Engstrom. Pearson spoke with Hall,
who stated that he did not think a house constructed on the front lot line would look
awkwazd and not be consistent with the neighborhood. He asked for more information
and more review. Schaffner received an email from the Engstrom Family Trustee,
Nicholas Ziegler, who has not had an opportunity to discuss this with the Family and felt
that they did not have enough time to evaluate the request and asked that the case be
tabled. Schaffner added that two neighbors called and reported that they didn't get their
Public Notice until today because one was out of state and the other was on vacation.
~~~°'.~~
McAllister asked staff if Public Notice was made in an adequate way, to which Schaffner
responded yes. The Boazd concluded that if the proper procedure was followed the
application should be heard tonight.
Burnhazdt showed the Board a site plan depicting a long, narrow lot adjacent to the
Crystal River. The distance from the building envelope /front lot line to Dorais Way is
54 feet; providing a natural setback from the road. The building envelope on the lot is
pushed forward to keep development off of the steep slope that drops down to the river.
The remaining building envelope is 26 feet wide. McAllister asked if this building
envelope was approved by the County. Yes. The 1041 approval will expire in
November.
Rifkin made a motion to approve the application due to unusual topographic conditions.
Head seconded the motion. Brewster-McLeod pointed out that the variance should be for
the house alone, since the garage appears appropriately set back. The vaziance should not
be for the entire length of the lot. Riflcin amended his motion to state "for the house
alone". When measured, the overhang of the garage extended into the 30 foot Front Yard
setback. Peazson noted that the Public Notice was made for the house, not the garage.
Rifkin amended his motion to include the garage overhang. He made a motion to
approve the application due to unusual topographic conditions as per the plans submitted.
seconded the motion and it passed 5-0.
Case # 15-2008 Stanwood Metropolitan District
121 Stewart Drive
Stanwood Subdivision
Architectural designer, David Panico, and attorney, Paul Taddune, were present to
represent the applicant in their request fora 71 foot Front Yazd Setback variance where
100 feet is required on this 34 acre pazcel in the RS-20 zone, to construct an office
building for the District.
Panico explained that although a Public Notice sign was posted for the review of the
building envelope, a sign was not posted for this Boazd of Adjustment meeting.
Schaffner stated that the case cannot be heazd without proper notice.
Taddune stated that the applicant wished to "get into the ground" as soon as possible and
asked the Boazd if they would hold a Special Meeting as soon as posting could be
completed.
After discussion, and since there would be no October meeting, Ritkin made a motion to
table the application to Thursday, September 25 at 5:30pm. Rifkin, Cooper, and Head
thought they could attend, Brewster-McLeod could not, and McAllister was not yet sure.
Cooper seconded the motion and it passed 5-0.
Case # 16-2008 Olson, John
1444 Lower River Road
AKA Lot 2, R&O Subdivision
Head explained that he had a conflict of interest in this application and left the meeting.
The applicant was present to request an 82 foot Front Yard setback variance and a 32 foot
Collector Street setback variance where 100 feet and 50 feet respectively are required on
this 24.88 acre pazcel in the AR-10 zone district, to allow three existing loafing sheds to
be permitted.
The Affidavit of Posting was submitted. There were no members of the public present to
comment on this application.
Olson apologized and said that he didn't know permits were required for these structures
when he built them one year ago. He explained that he has received other variances to
develop a house and barn within his building envelope, which is a narrow bench between
Lower River Road and a slope down to the Roazing Fork 100 yeaz floodplain. He stated
that the corner of the existing barn is only 19 feet off of the edge of the pavement. He
showed a site plan and photos of the site and existing sheds, noting that they don't look
good because "we had to stop work".
The sheds aze approximately 5 feet outside of the building envelope and were located to
protect the horses from wind and sun. The sheds could be moved into the envelope,
however, the comer posts are poured concrete. Also, if the sheds were moved to within
the envelope, it would create an azea between the shed and the fence that would be
dangerous for the horses.
Rifkin expressed that he found this a difficult decision since the structures aze already
constructed. It's not so much a topographic hardship as it is a financial one to remove
them. McAllister asked if the Boazd would have been likely to approve the vaziance had
it been requested prior to the sheds being constructed. Brewster-McLeod measured the
setbacks and showed the Board that almost the entire building envelope is located within
the 100 foot setback. Brewster-McLeod asked for staff s opinion. Schaffner responded
that it was not appropriate for staff to comment; the Boazd needed to determine if a
hardship existed. Discussion ensued.
Schaffner stated that if the variance is approved, the envelope still had to be amended, but
the envelope needn't be amended if the variance isn't granted. In terms of process, staff
opted to send the applicant to the Boazd prior to amending the envelope.
McAllister made a motion to approve the request due to topographic hardships. Rifkin
seconded the motion, but disagreed that the hardship was topographic. Brewster-McLeod
said that she would approve the request if the building envelope were changed. Rifkin
did not see any detriment to the public, but was also troubled by the structures being
outside of the building envelope. This was a threshold he couldn't cross.
Olson requested the Board table the application until the building envelope was amended.
McAllister made a motion to table the application to Monday, November 3, 2008, at
5:30pm. (Riflcin cannot attend.) Brewster-McLeod seconded the motion, and it passed
4-0, with Head abstaining.
MINUTES: There were no minutes to review from the August meeting.
There being no further business, Riflcin moved to adjourn the meeting. McAllister
seconded the motion and the meeting was adj oumed.
*************x************sr*a****x*************t***~*s*******+*********
Respectfully submitted,
Joanna Schaffner, Acting Secretary
Date
'ck Head Co-Chair
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Date
~~~~~~~
'" PIT>raN COUNTY
BOARD OF ADJUSTMENT
Application Form
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OWNER
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LEGAL DESCRIPTION
SUBJECT PARCEL
PARCEL ID # ~/~
LOT SIZE
SIGNATURE
(To be completed by the Zoning Department)
CASE #~ g
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' Front Yazd Setback Variance, where ' is required.
' Reaz Yard Setback Variance, where ' is required.
' _ Side Yazd Setback Variance, where ' is required.
' _ Side Yazd Setback Variance, where ' isrequired.
O ~' Height Variance, where ~' is allowed '!
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Joanna Schaffner
From: Suzanne Wolff
Sent: Wednesday, August 13, 2008 4:28 PM
To: Joanna Schaffner
Cc: Susan Pearson
Subject: RE: Crown Mountain Communications site.
BOCC granted approval today.
They do have antennae on the other 2 towers, so they both exceed 40'. Alan now has the
technical drawing that has the detail on the heights, so he can submit that to you for
BOA. But I assume you will need to renotice since the request has changed. I'm sure Alan
will be in touch.
-----Original Message-----
From: Joanna Schaffner
Sent: Tuesday, August 12, 2006 12:59 PM
To: Suzanne Wolf£
Subject: RE: Crown Mountain Communications site.
There is no mention of a 16'+ antennae on top of the 60 foot tower.
-----Original Message-----
From: Suzanne Wolff
Sent: Tuesday, August 12, 2008 12:99 PM
To: Joanna Schaffner
Subject: RE: Crown Mountain Communications site.
SO Z'm assuming they didn't represent that additional height in their variance request...
I also think they have antennae that project above the two 40' towers. I'm meeting with
the architect for the towers before the BOCC meeting, so will confirm. BOT may be that
they need additional variances...
-----Original Message-----
From: Joanna Schaffner
Sent: Tuesday, August 12, 2008 11:38 AM
To: Suzanne Wolff
Subject: RE: Crown Mountain Communications site.
I would say that since there is no roof associated with a tower, there is no additional
allowance for antennae, as there is in the definition of "building height". Since it says
"maximum permitted height", I take that to mean to the top, pursuant to our definition of
"height". Therefore, 90 feet means 90 feet to the top, and that's from the most
restrictive grade.
-----Original Message-----
From: Suzanne Wolff
Sent: Tuesday, August 12, 2008 11:12 AM
To: Joanna Schaffner; Lance Clarke
Subject: FW: Crown Mountain Communications site.
Code states that max height for freestanding tower is 40'. No mention of antennae or
other projections above the tower. What do think is the intent?
-----Original Message-----
From: Temple Glassier
Sent: Tuesday, August 12, 2008 8:28 AM
To: Suzanne Wolff
Subject: FW: Crown Mountain Communications site.
FYI
1
~~~;F~12
-----Original Message-----
From: doni mitchell [mailto:donimitchell@trexarchitex.com]
Sent: Monday, August 11, 2006 4:55 PM
To: Temple Glassier
Subject: FW: Crown Mountain Communications site.
-----Original Message-----
From: doni mitchell [mailto:donimitchell@trexarchitex.com]
Sent: Monday, August 11, 2008 4:51 PM
To: '9703792911@mmsOl.dal0.cbeyond.net'
Subject: RE: Crown Mountain Communications site.
Temple,
The tower height will be 60 feet. A Whip antenna for Eagle County will
project above that height 16'-6". This is a very thin antenna with low
visual mass. This antenna was placed at this location to avoid interference
with other antennas. The remainder of the antennas are all at or below 60
feet.
Doni
-----Original Message-----
From: 9703792911@mmsOl.dal0.cbeyond.net
[mailto:9703792411@mmsOl.dal0.cbeyond.net]
Sent: Monday, August 11, 2008 3:35 PM
To: doni mitchell
Subject: RE: Crown Mountain Communications site.
And one more question- is the tower 60 foot with the possibility of higher
antennas or is the total height with antennas 60 foot
2
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PUBLIC WORKS
76 SERVICE
CENTER ROAD
ASPEN, CO St61t
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MAY 20, 2008
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OWNERS ACKNOWLEDGEMENT
THE APPLICANT HEREBY ACKNOWLEDGES HAVING BEEN INFORMED OF THE
EXISTENCE OF ENVIRONMENTAL NAZARD AREAS THAT MIGHT AFFECT THE
PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF
APPLICANT GATE
BOARD OF COWITY COMMISSKNVER'S APPROVAL
TNIS CROWN POIM CELLULAR FAGLITY SITE PLAN MAS BEEN REVIEWED AND
APPROVED SV THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
THIS _DAV OF 2008, SUBJECT TO RESOLUTION NO_
RECORDED AS RECEPTION NO
CHAIRPERSON
REDORDING CERTIFlCATE
THIS CROWN POINT CELLULAR FACILITY SITE PLAN HAS BEEN ACCEPTED
FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN
COUNTY, COLORA00, ON THIS _ DAY OF , 2WB, IN PIAT
BOd(_ AT PAGE _ AS RECEPTION NO.
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PITKIN COUNTY
PUBLIC WORKS
76 SERVICE
CENTER ROAD
ASPEN, CO 81611
MTE ISSUED
MAY 20, 2008
WiE PEVI510115
PROJECT NNE
CROWN POINT
CELLULAR
FACILITY
PITKW COUNTY
COLORADO
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PROJECT FOR
PITKIN COUNTY
PUBLIC WORKS
76 SERVICE
CENTER ROAD
ASPEN, CO 61611
DATE 15S11ED
MAY 28, 2008
DATE RE~ASIONS
PROJELi NAME
CROWN POINT
CELLULAR
FACILITY
PRKIN COUNTY
COLORA00
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August 19, 2008
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Ms. Joanna Schaffner, Zoning Officer
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: VARIANCE APPLICATION FOR CROWN POINT COMMUNICATIONS SITE
Dear Joanna,
This is an application for a variance for the Crown Point Communications Site. The
subject property is located along the ridge of Crown Mountain, on lands owned by the
United States Government. As a result, Pitkin County has not assigned a parcel ID # or
an address to the property.
The application is being submitted by Pitkin County (hereinafter, "the applicant"). In 1999
the Bureau of Land Management (BLM) assigned to the County aright-of-way for an
access road and communications site that had previously been held by the Basalt
Community TV Association. Copies of the BLM decision making this assignment and the
prior decision to grant access to the site for 50 years are attached hereto as Exhibit #1.
The applicant is being represented by Alan Richman Planning Services for purposes of
this application. A letter from the applicant confirming this arrangement is attached as
Exhibit #2.
The applicant is requesting a height variance for each of the three communications
towers proposed for the property. Amore complete description of the proposed variance
follows below.
Background
The subject property is a small (100' x 150') rectangular area located in the RS-30 zone
district on land that is owned by the Bureau of Land Management. The vicinity map
included in this application booklet shows that the site is located just past the top of Stone
Road, approximately 750 feet beyond the highest house within the West Sopris Ranch
Subdivision. The property is accessed via an existing gravel road that extends past that
house to the subject property.
~ ~? `.' 11
Ms. Joanna Schaffner
August 19, 2008
Page Two
An improvement and topographic survey has been prepared for this site. It shows that
the top of this property is a very narrow (20' to 30' wide) flat area with slopes of less than
15%. The flat portion of the property has previously been improved with the access road
and communications facilities. The remainder of the property drops off steeply in all
directions from this ridge top, with slopes that are in excess of 30%.
The property is currently improved with a small building (approximately 10' x 12' in size)
and four communications towers and antennae. A picture depicting these improvements
has been provided. The four towers are of varying heights, with the tallest being slightly
in excess of 50' in height from its base to the top. These facilities are used today to
provide essential communication services to residents of Pitkin County and Eagle County.
The applicant proposes to remove all of the existing facilities and to replace them with
three modern towers and a support building to provide radio and television service and
cellular telephone service. Essential County public safety equipment will also be installed
on-site. "Cellular telephone facility" and "Radio or TV transmitting station" are both uses
allowed by special review in the RS-30 zone district. Therefore, the applicant submitted
an application to the County for special review. That application was approved by the
Board of County Commissioners at a public hearing held on August 13, 2008.
A proposed site plan has been provided which depicts the development planned for the
site. It shows that development will occur on the flat ridge top, in the same general
location where the existing facilities now stand. Anew 900 sq. ft. building (20' x 45')
would be built, with space for equipment for several cellular providers and for the
essential county communications facilities. Three towers would be installed, two of which
would be 40' high and one of which would be 60' high. Each tower would also have an
antenna at the top. Therefore, Tower 1 would measure 76.5' while Tower 2 and Tower 3
would measure approximately 51' from the base to the top of its antenna (see elevations).
There are two primary factors that determined the location of the proposed facilities.
From a Countywide perspective, the facilities are proposed in this location so improved
communications services (including basic radio and N broadcast services, cell phone
services, emergency 911 services, and public safety communications services) can be
provided to residents of this portion of Pitkin County and residents of Eagle County. From
an on-site perspective, the facilities are proposed in the chosen location in order to avoid
the steep slopes on the property to the maximum extent feasible.
The application that was approved by the BOCC on August 13 (see resolution attached
as Exhibit #3) complied with all of the standards of the Land Use Code except for the
height limitation. Section 4-30-40 (g) (3) of the Code states that "The maximum permitted
height for freestanding towers is forty (40) feet. The applicant is unable to comply with
this requirement and is therefore requesting this variance from the Board of Adjustment.
.a
Ms. Joanna Schaffner
August 19, 2008
Page Three
Response to Code Standards
Section 7-10-030 (c) (2) of the Land Use Code provides the standards by which the
Board of Adjustment considers applications for variances, as follows:
"Where, by reason of unusual narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of unusual topographic
conditions or other situation or condition of such piece of property, the strict application of
any regulation would result in peculiar practical difficulties to, or undue hardship upon the
owner of the property... ".
In order to grant the Variance, the Board is also required to find that the relief can be
granted to the applicant:
"Without substantial detriment to the public good and without substantially impairing the
intent and purpose of the Comprehensive Plan and the Land Use Code".
With respect to the first standard, there are unusual situations or conditions causing
practical difficulties or hardships for the owner. As described above, the site which the
BLM has assigned to the County is extremely small, and can be characterized as a
narrow ridge top that drops off steeply in all directions. The proposed facilities have been
located on the only flat portion of the property. The applicant would like to make the
maximum use of this site, since it will provide essential communications services for
residents of the area. However, because of minimum separation requirements between
some of the equipment (to reduce electromagnetic interference), it will only be possible to
fit three towers on the site, where there are four towers today. This necessitates stacking
of equipment on the towers (see elevations) and results in the need for the proposed
height of the towers. The height is also necessitated by the function of the towers and the
topography of the site, which requires the tallest tower to sit above the two smaller towers
so it can broadcast in all directions and can avoid interference from the smaller towers.
With respect to the second standard, this application will not cause any detriment to the
public good. In fact, it is intended to serve the public health, safety and welfare by
improving existing communications facilities and public safety equipment for this area.
This application is also consistent with the intent and purpose of the County's
Comprehensive Plan and the County's adopted land use policies. Section 1-60-360 of
the Land Use Code establishes the County's policies with respect to telecommunications
facilities. It states that: (1) the County's telecommunications needs should be addressed
through a network of facilities that minimize the number of sites required; and (2)
telecommunications facilities should be consolidated onto common towers and/or located
adjacent to or on existing or proposed buildings.
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Ms. Joanna Schaffner
August 19, 2008
Page Four
The proposed Crown Point facilities are consistent with these land use policies. The
facilities represent the re-development of an existing telecommunications site, not the
establishment of a new site. Considerable effort has been undertaken to consolidate
multiple users onto the proposed towers, to minimize the need for future sites, which will
reduce the overall impact of new telecommunications facilities on County residents.
The variance would also be consistent with the purpose and intent of the Land Use Code.
The height limitation which is the subject of this variance application is found within a
section of the Code that also imposes a minimum tower setback of at least 200' from
surrounding urban or suburban residential districts. Therefore, it can be surmised that the
primary reason for establishing a 40' height limit for freestanding towers was to ensure
that an unusually tall tower was not placed in close proximity to an urban or suburban
residential neighborhood.
The site on which the communication facilities would be installed is located on top of
Crown Mountain, which places it at a great distance from any urban or suburban
neighborhood. In fact, the closest residence is located about 750' from the site, at the top
of Stone Road. The residence is separated from the communications site by a minor
topographic ridge, making the towers isolated from view from this residence.
Photo-simulations have been provided in this application packet depicting the existing
towers and showing how the proposed towers would appear from surrounding areas
located within the Emma Caucus. These simulations demonstrate that the existing and
proposed towers are not particularly prominent as viewed from this area using a normal
camera lens and only become evident when a highly enhanced close-up view of the
simulation is provided. Emma Road is located about 0.5 miles and E. Sopris Creek Road
is more than 1 mile from the tower site, and they are also hundreds of feet in elevation
below the ridge where the towers will be located.
Therefore, the applicant believes that the intent of the Land Use Code and the
Comprehensive Plan will be met by installing the towers in this remote location, which will
tend to minimize their visual impacts, even though their proposed height would exceed
the Code limit. Comments received from the Emma Caucus prior to the BOCC review of
the application (see Exhibit #4) and from members of the public at the public hearing
recognized the importance of these facilities to residents of Pitkin County and Eagle
County and generally supported the project, despite the proposed height of the towers.
~~~~~~
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Ms. Joanna Schaffner
August 19, 2008
Page Five
Conclusion
I have attached all of the other materials you require to process this application, including
the completed application form, the list of adjacent landowners, the drawings
documenting the variance request and the application fee. Thank you for your assistance
while this application was being prepared and for your continuing attention to this matter.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
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Alan Richman, AICP
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EXHIBITS
EXHIBIT #1
UNIT~TATES DEPARTMEN
Enr of
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tie BUREAU OF LAND MANAGEMENT
0 2p GLENWOOD SPRINGS RESOURCE AREA
$ ~ P. O. Box 1009
Glenwood S
ri
CO 81602
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October 18, 1999
CERTIFIED MAIL Z 38 6 418 822
RETURN RECEIPT RE QUESTED
Pitkn County
Attn: John Dady
X30 E. Nlain St. Suite 20 1
Aspen CO 816! ]
DECISION
Assignment Approved
Application COC-22082
IN REPLY REFER TO:
2860 (CO-078)
COC-22082
Right-of-way COG22082 was wanted to Basalt Community TV Association (BCTVA) on August 6, 1975, for a
communication site and access road on and across public ]ands. On September 29, 1999, the Bureau of Land Management
received an application from Pitkin County Translator Department (PitJtin County) for the assignment of said right-of way.
The application is supported by an Agreement dated Febmary 5, 1980, assigning and transfen'ing all right, title and interest in
the communication site from BCTVA to Pitkin County. Said right-of-way Brant authorizes use of public ]and in Section 15,
T. 8 S., R. 87 W. of [he 6th Principal Meridian, Pitkin County, Colorado. By accepting assignment of this right-of-way
muhoriza[ion Pitkin County agrees to be bound by the terms, conditions, and stipulations of the original grant.
The Bureau of Land Management has discretionary authority to au[hori 2e the proposed right-of-tvay assignment under Title
V of the Federal Land Policy and Management Act as amended. Please refer to the BLM serial number COC-22082 wheh
conespunding with this office in relation to this application.
On receipt of this decision you have 30 days [o exercise the right of appeal to the Board of Land Appeals, Office of the
Secretary, in accordance with the regulations at 43 CFR 4 400. If an appeal is taken you must follow the procedures outlined
in the enclosed Form CSO 1840-3, Information on Taking Appeals to the Board of Land Appeals. The appellant has the
burden of proof to shuw that the decision appealed from is in en'or.
Nlichael5. Nlottice
Area Manager
F.nclosurc
Fonn CSO 1340-3
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76 Service Center Road ~ Aspen, Colondo 8161 I
(910)920-5390 ran 920-5374
EXHIBIT #2
Ms. Joanna Schaffner, Zoning Officer
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: VARIANCE APPLICATION FOR CROWN POINT COMMUNICATIONS SITE
Dear Ms. Schaffner,
I hereby authorize Alan Richman Planning Services to act as Pitkin County's designated
representative with respect to the application being submitted to your office for the Crown
Point Communications Site. Mr. Richman is authorized to submit an application for a
height variance for one of the planned communications towers. He is also authorized to
represent us in meetings with Pitkin County staff and the Board of Adjustment.
Should you have any need to contact us during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the application.
Sincerely,
t1~t'..ta3
i •
EXHIBIT #3
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL FOR THE CROWN POINT COMMUNICATIONS SITE
SPECIAL REVIEW, ACTIVITY ENVELOPE AND SITE PLAN REVIEW
Resolution No. -2008
RECITALS
Pitkin County ("Applicant") has applied to the Board of County Commissioners of Pitkin County
("BOCC") for Special Review approval to replace the existing Crown Point communications facilities
with new facilities, including a 900 square foot support building, three towers, a power generator and
a propane tank. The existing facilities provide public communications facilities for Pitkin County and
Eagle County (emergency services and public safety) and all of the fire districts in the valley, and
translator services for 8 radio stations and 5 television stations. The new facilities will continue to
serve all of these uses, and in addition have been designed to accommodate 2-3 private cellular
telephone service providers. The Applicant is also requesting designation of an Activity Envelope
and approval of a Site Plan for the new facilities.
2. The property is located at the top of Stone Road on a parcel of land leased from the BLM; the parcel
is located in Section 15, Township 8 South, Range 87 West of the 6'h P.M.
3. The lease parcel is zoned RS-30 and contains 15,000 square feet.
4. The BOCC heard this application at a duly noticed public hearing on August 13, 2008, at which time
evidence and testimony were presented with respect to this application.
5. The BOCC finds that the proposal is consistent with the applicable criteria in the Land Use Code.
6. The BOCC further finds that the redevelopment of the existing communications site is necessary for
the public health, safety and welfare, in order to improve the public communications facilities that are
accommodated on the site.
7. The BOCC further finds that it is more appropriate to redevelop the existing site than to develop a
new site, even though the new facilities will have a greater visual impact as seen from the Emma area
and from Highway 82.
8. The BOCC further finds that it is appropriate to accommodate private cellular telephone service
providers on the new towers, even though it will further increase the visibility and height of one of the
towers, in order to accomplish the County's goal of co-locating telecommunications facilities in an
effort to avoid the establishment of new facilities in undeveloped locations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby
grants approval for the redevelopment of the Crown Point Communications Site, subject to the following
conditions, which shall run with the land and be binding on all successors in interest:
I. The Applicant shall adhere to all material representations made in the application and public
meetings.
J V ~ J ~ r/
Resolution No. _-?008
Page 2
C~
2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit review.
Structures represented in the application may not be permitted under building and zoning regulations.
3. All development associated with the facility shall occur within the activity envelope.
4. Prior to building permit application, the Applicant shall be required to submit for approval by the
County Attorney and Community Development Director a Site Plan with an Activity Envelope in
accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above
referenced approvals shall be a condition precedent to finalization and recordation. The Mylar copy of
the plat shall be signed by the owner prior to submittal for recording. The plan shall also incorporate
the following changes:
A. Add notes to the plan to identify areas within the activity envelope that will only be used for
construction staging and disturbance and revegetation.
B. Add an access envelope along the existing driveway.
5. All areas disturbed by construction of the facilities shall be re-vegetated with native shrubs and
grasses within one growing season of the project's completion. Any vegetation which is disturbed
during construction shall be restored to its original condition. Planting used for restoration shall be
similar to the existing vegetation in the area. Applicant must adhere to use of Pitkin County Seed Mix
for re-vegetation of area.
6. Prior to issuance of a building permit(s) for the facilities, the Applicant shall:
A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer.
All slopes steeper than 2:1 shall utilize erosion control blankets.
B. Submit a construction management plan for review and approval by the County Engineer.
C. Submit proof of outdoor rated, fire retardant treatment for/of the towers, including, but not limited
to, specific treatment MSDS and maintenance/reapplication schedule for approval by the
Community Development Department and Basalt Fire Marshal.
D. Enter into an agreement with the Stone Road Association to participate in the maintenance of Stone
Road.
7. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the envelope. The fencing shall remain in place until issuance of a Letter of
Completion.
8. No advertising sign or logo shall be permitted on any of the equipment associated with the facility.
9. The Applicant, owner, or operator of the facility shall maintain, at all times, a sign mounted on the
equipment shed, showing the operator name, site number and emergency contact number. The sign
shall not exceed three square feet in size, meet the requirements in Section 7-60-50(a)(d)(e) of
the Land Use Code, and shall be placed on the west end of the equipment shed.
] 0. Towers One, Two and Three may only exceed 40 feet in height if a height variance is approved by the
Board of Adjustment. This approval does not assure approval of a variance. The maximum
~~v:,.~1
Resolution No. _-2008 •
Page 3
permitted height shall be measured above the natural or finished grade, whichever is most restrictive,
and shall include any antennae or other projections.
11. The equipment building shall be designed and painted a color to blend with the surrounding
environment and shall be substantially consistent with the image provided in Exhibit B. Material
samples shall be submitted to the Community Development Department prior to issuance of the
building permit. The towers shall be charcoal gray with a dull, non-reflective surface.
12. All equipment associated with the facility, including HVAC and/or ventilation must comply with the
noise ordinance specifications as described in the Pitkin County Code, § 6.36.030. Ventilation fan
exhausts shall be located so they are not on a side of the building that is adjacent to a residence.
13. The facility shall operate at all times in compliance with all Federal Communications Commissions
(FCC) standards for Radio Frequency Radiation (RFR) emission levels. Access shall be provided
upon request to Pitkin County to conduct an independent RFR emission study to ensure that the tower
equipment is operating within those FCC standards. If said emissions exceed safe RFR emissions
standards, as defined by the FCC, then said emissions levels shall be remedied by the property owner
within five (5) working days of notice by Pitkin County. Such remedy shall be confirmed within
those five (5) working days by independent RFR measurement at the facility owner's expense. If the
remedy is not available within 5 days of notice by Pitkin County, the equipment generating the
excessive RFR emissions shall be turned off until a remedy is operational.
14. Exterior lighting associated with the telecommunications facility, if needed, shall be limited to one (1)
small, covered light above the entrance door(s) of the equipment shed and will meet all Lighting Code
Standards as outlined in the Pitkin County Land Use Code §7-20-140 and all Building Codes as
specified by the 2005 National Electrical Code (NEC).
15. The Applicant shall comply with all requirements of the Basalt and Rural Fire District regarding fire
safety which may include either installation of an automatic fire extinguishing system and/or
installation of a remote monitoring system, and/or such other compliance techniques, subject to the
review and approval of the Basalt Fire Marshal prior to the issuance of building permits for the
project.
16. To mitigate impacts to wildlife:
A. No construction shall be permitted from December 1 through April 30.
B. Dogs shall be prohibited on the site.
17. The Applicant shall comply with the following standards for Development in a Severe Wildfire
Hazard Area:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
]) Within 15' of all facilities, including the building, towers, auxiliary generator, LPG fuel tank
and power pole with transformer, the area should be of primarily noncombustible hardscape
surfaces. Woody vegetation shall not be planted within this area.
3 ~ ?' 31_
Resolution No. _-2008
Page a
2) Beyond the 15' area and up to 50' of all facilities, shrubs/brush shall be thinned and
clustered, and separated from each other and those beyond the 50' area by a distance of 2'h
times the height of the mature vegetation. Conifer and juniper within the 50' area should also
be separated and the lower limbs pruned with no grass or brush under them. Thinning shall
also occur along the access road into the facilities, if permitted by the adjacent property
owner and the BLM.
3) Remove or chip all standing dead and deadfall within 75' of the facilities.
4) The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
B. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building
Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless
they comply with the following:
1) All roof coverings shall be constructed ofnon-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application.
C. Roof Venting:
1) Soffit venting shall be located in the outer 1/3rd portion of the overhang.
2) Attic, soffit and other roof venting shall be ofnon-corrosive metal mesh with maximum '/<"
openings.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or "Type
IV" Heavy Timber materials, per the currently adopted building code.
E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1) Construction with noncombustible or one (I) hour rated material, or material with flame
spread <25 (tested to ASTM E84 and listed for exterior use), or
2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type
X gypboard or equal (decking as "a" above), or
3) "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum
8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log
construction, or
4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a"
above.
F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials.
G. Exterior of the Structure, Including All Walls:
d i; v n
Resolution No. _-2008
Page 5
1) One (1) hour fire resistive rated materials, or
2) 5/8" gypboard underlying combustible materials, or
3) Cement stucco, minimum'/e" thickness.
4) All glazing to be tempered glazing; and
5) Doors to be metal or wood 1 '/d' thick minimum.
H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and
constructed with materials approved for one (1) hour fire-resistive construction on the exterior
side of the walls and shall extend from the top of grade to the underside of the floor decking or
walls.
I. Maintenance and Miscellaneous Requirements
I) Roofs and gutters shall be kept clear of debris.
2) Lease area shall be kept clear of all litter, slash and flammable debris.
3) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
4) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more
than six (6) inches.
5) The propane tank shall be buried, if possible, or installed according to NFPA 58 standards
and on a contour away from the structure with standard defensible space vegetation
mitigation around any aboveground tank. Any wood enclosure around the tank shall be
constructed with materials approved for two (2) hour fire-resistive construction on the
exterior side of the walls.
6) The structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
7) The address shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
anon-combustible post.
18. Upon completion of all construction, the facility will be evaluated for compliance with the conditions
of approval herein and the building permit. A Letter of Completion shall be issued when all
conditions are met. All materials from the existing facilities and any excavated material shall be
removed from the site before issuance of the Letter of Completion.
19. The Applicant, owner or operator of said facility shall provide written notification to the Community
Development Director upon cessation of operations at the site. The applicant shall remove all
obsolete or unused facilities from the site within 6 months of termination of its lease, cessation of
operations or expiration of its permit, subject to the determination of the Planning Director that the
use of the site has ceased for a period of 6 months. Should the equipment owner fail to effect such
removal, the property owner shall be responsible for the removal of [he equipment.
20. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land
Use Code § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire
on August 13, 2011.
Resolution No. _-2008
Page 6
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 13th DAY OF JULY, 2008.
APPROVED ON THE 13th DAY OF AUGUST, 2008.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIMES WEEKLY ON
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By
Jack Hatfield, Chairman
ATTEST:
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO CONTENT:
Cindy Houben
Community Development Director
APPROVED AS TO FORM:
John Ely
County Attorney
Case #P070-08
2465]5300005
~.~i~13~,3~3
EXHIBIT #4
EMMA CAUCUS
P.O. Box 1405
Basalt, CO 81621
(970)927-3462
newman(a!sooris net
MEMORANDUM
TO: Suzanne Wolff, Community Development Department
FROM: Emma Caucus
RE: BLM Crown Mtn Communications Activity Envelope, Site Plan with Scenic
Review, Special Review for Radio/TV Transmitting/Cellular Facility
(PID 2465-153-00-005 and Case P070-O8)
Date: July 19, 2008
The Caucus received infonmation on the above application mailed by the County on June 11,
2008. The information was distributed to the Executive Committee and all Caucus members by
email, referring to the Planning Division link on the County website. George Newman posed
several questions from [he Caucus which were answered by Alan Richman, the applicant's
representative.
Comments:
The application seeks to remove 4 existing towers and an old building acid replace with new.
The new building will be 900SF and one story, meant to be minimally visible. The tallest
existing tower is 50 ft; the others are over 40ft. The existing 4 towers will be replaced with 3: 2
will be 40ft and 1 will be 60ft. According Alan, the 60t is required because there is only room
far 3 towers on the site due to separation/interference requirements for [tae equipment. To get all
the necessary equipment on site, they will need to stack multiple pieces on the towers, which
forces one to be taller than [he other two. There will be no lighting on the towers. The building
would only be lit when someone is up there and needs some security/visibility. No outdoor
lights would be on a[ other times.
Consensus:
The Emma Caucus recognizes the need for these towers. Except for application of visibility and
lighting guidelines stipulated in the County Code, and assuming [he above comments by the
applicant are correct, the Caucus has no objections to this plan as presented by the applicant.
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D!ta~.L of grant
1. 8ezial pushes o! grant:
C<+lozado 7,061-fir
2. wan ar gzsatw:
Baaait Catr S.V. Aasociacioa
3• +'~, .ac a.si.prtae by t)~s
4ria000, sLeriaq lovatbpp ~P o! a Paraal of lead awd goad
wwnt. aaa. 15. r. a a., a. 87 w.,
a+d dtas°W'°r °! gz'a4lx 6th P.N.
x~bsr e1 a~tas One
Hate f1Lda 10/16/'71
1• pezaitted uw by graalee+
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Total vidLh o! right-olway: 100' m 150' alts and 2 '
S, l-uteozitl, ror 9raat:
6• ~WlatSens aBAlSeable to
4rao6:
7• ~eiratioa data of great,
e. Reaeu aawwt:
toad, o wide eccws
Aot or dtiarct~ 4, ,1911 (3B 8tat. 1253:
43 U.B.C. 461), as emended
43 CYR 2600
50 Yeexs fzaa date o€ iaaya,
Nape (non-$z+Dfit ozgaaiaatSm)
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pearurst M fha eaWority vested in tF» mtrrrrigKte4 by Order No. 701 of
tJar DireaROS, >v4xean o! Lead llaagswet, dstad scaly Z1, ISia f~ r.&. 1A5Zb).
ss aaastdad, a sight-ofw~4Yr dew dstn.'1.1s o! raiah are shoes sbvsm, is hai~eby
gramtad, subject to the lollarinq terto and ooaditioase
9. J111 aalid rights mxisting as tha rite of the grant.
to. All zegulattons in the group speoilSed abova.
11. Subatittiag, rithia ai~cty drys Prom the date of tbis gnat, s naa-
set~#ble sus of 1120.00 as zsimburaeaaat for oostp !Hearted by
the Lhitsd 9tatw is monitoring the ooeutruatioa. openertiam, msin-
taoaa. ad tatalaatioa o! the arWorised lacilitiu and !or Pro-
Lotlan ~d.eehabilitatioa o! the Sands iawlwd,. Pollorinq tetmiaa-
tian q! the sight-of-r~Y. tlxs grmetss vill Ds rsc~uixed W peY ~~
tional aetetots to the esteat and in the area[ that actual costs
inaarrmd by tha United Btatsa •swed the amount of the above-slated
pe0'meat.
n
~ 12. surveying sad clrarly s~arkiaq the ssterior limiter at the rigdtt-oi-
vry Friar to she oomasetosmant o! aoartr~eatiaa os other aurfam or
vegett-tioa dirtarbing aetivitler. said ma$inq ehali by dens atilt-
; slog rtakloq, [legging, or soma otbes ashlsod flat will result in
miai,rtai enviswwsntal damage, sad shall be dons at trequrnt eoougis
intervals to raadilp idrAtify tits ertsrior limits oa the gewtatd.
All a+etivities dicretly or ladiseetly essoelated vith oonrt:vetian
os maiateaanas o! the right-al-wy. gsaatefl hesria east be aoaducted
vithia the limitr of the rift-af-ray.
13, This grail! anthorisar the we of public lands only !or there taallitier
represwbsd std at the lowtim(r) sham as tho heseinabew deaigaabd
~~
la. CorFli+ao rich the attadted tssm, ooaditioar and atipulatima, as
aoataiarfl m t)r attached pages ntabarad 1 throagb 6. uhl.e6 aze
heseby cads a part of this Deaisioa.
15. C~saatruetioA bar Lean aonpLetsd and is horeby aowpted.
The grantee bar the right o! appeal to the >ieard of Land Appeals, olfiae oS
the secretary, is accosdanae vith the nsgulatioar is a3 CP'A, Bart a, Sub-
part S. tfoMe+gr, ii an appea3 is to ba takes. the notice o! appeal [Halt
be tiled in tbs Colorado State office, 700 Colorado State Bank 8uildiaq,
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tsmsalOtad !a Lba 8wsd. To agld slraasy diiriassl o! ti>• a~ysrl, LAsra
stlst ba rtriek oasyliaaoa vitR thr ta9ulattcloi.
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76 Service Center Road ~ Aspen, Colorado 8161 I
(970)920-5390 fax 920.5374
EXHIBIT #2
Ms. Joanna Schaffner, Zoning Officer
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: VARIANCE APPLICATION FOR CROWN POINT COMMUNICATIONS SITE
Dear Ms. Schaffner,
I hereby authorize Alan Richman Planning Services to act as Pitkin County's designated
representative with respect to the application being submitted to your office for the Crown
Point Communications Site. Mr. Richman is authorized to submit an application for a
height variance for one of the planned communications towers. He is also authorized to
represent us in meetings with Pitkin County staff and the Board of Adjustment.
Should you have any need to contact us during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the application.
Sincerely,
`~ V1 ~ ~~ C
Temple Glassier
Deputy Director of Public Works
76 Service Center Road
Aspen, Colorado 81611
970-920-5390
Road & Bridge Transportation Project Mgmt. Translator Land Mgm[. 81dg Facilities Fleet liesource Recovery
(970)920-5046 (970)920.5206 (970) 920-5396 (970) 920-5395 (970}920-5214 (970)920-5337 (970)920-5393 (970)923-3467
(ax 920-5374 fax 920-5374 fax 920-5374 fax 920-5374 (az 920-5374 tax 920-6015 fax 920-5764 iax 923-2043
LIST OF ADJACENT OWNERS
Bureau of Land Management
0375 County Road 532
Rifle, Colorado 81650
County of Pitkin
} ss.
State of Colorado }
1
I •~ ~. l~`^ ~ ~ ~ ~ vwt~
AFFIDAVIT OF MAILING
PURSUANT TO
PITKIN COUNTY LAND USE
being or representing an Applicant to the
Pitkin County Board of Adjustment, personally certify that I have complied with the public notice
requirements of Section 2-20-100 (3) and (4) of the Pitkin County Land Use Code in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first class, U.S. Mail to
all owners of property adjacent to the subject property; as indicated on the attached
list, on the 1~ day of ~" , 200~~. The names and addresses of the adjacent
property owners were those on the current tax records of Pitkin County as they appeared
no more than 60 days prior to the rriaiiirig.
2. By posting a sign in a conspicuous place on the subject property (so it was seen
from the nearest public way) on the ~ ~ day of s " `'1 , 200, which was at least
fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached
hereto.
Applicant's name (Please print)
Signature
Signed before me this lp~day of~~~
200~a' by ~ ~(:~ r1 /~~c ~~ f'l ~1'~~-~Vl
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: ~ ~~ ~D ~-
~ ~. ~ ~
Notary Public ~ r
I~TOtary Public's Signature
t
County of Pitkin } AFFIDAVIT OF MAILING
} ss, PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
I ~.1.1'c~ ~ ~ ~~ tea.. ,being or representing an Applicant to the
Pitkin County Board of Adjustment, personally certify that I have complied with the public notice
requirements of Section 2-20-100 (3) and (4) of the Pitkin County Land Use Code in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first class, U.S. Mail to
all owners of property adjacent to the subject property, as indicated on the attached
list, on the ~~ day of ~`'~'1 , 200. The names and addresses of the adjacent
property owners were those on the current tax records of Pitkin County as they appeared
no more than 60 days prior to the mailing.
2. By posting a sign in a conspicuous place on the subject property (so it was seen
from the nearest public way} on the tea- day of ~"h , 200'Ff, which was at least
fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached
hereto.
`~Vr`.. ~~,..~ .
Applicant's name (Please print) Signature ; ,~~~
Signed before me this ~ ~-day of~o~~'==_~`~-
20Cf~ by ~ ~(~-(/1 ~-C-~ ~Y1C~.P'~
WITNESS MY HAND AND 9F~ LaL SEAL
My commission expires:. ~ D
Notary Public
Notary
~~~~.~~2
PUBLIC NOTICE
RE: (I) 36.5 Foot Height Variance and (2) I1 Foot Height Variances, for
Crown Point Communications Site
Top of Stone Road
(Case 11-2008)
NOTICE IS HEREBY GIVEN that a public hearing will be held on September 9, 2008, to begin at
5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meeting
Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board of
Adjustment, to consider an application submitted by Pitkin County, requesting vaziances for 3
communication towers. Pitkin County is proposing the construction of three communication
towers, all which aze over the allowed height of 40 feet. One (1) 76.5 foot high communications
tower where a maximum height of 40 feet is allowed and two (2) additional towers, both 51 feet in
height where a maximum height of 40 feet is allowed. The request is for one 36.5 foot height
vaziance and two 11 foot height vaziances. The pazcel contains 15,000 square feet and is zoned RS-
30. The State Pazcel Identification Number for this property is: NO PARCF;L ID NUMBER.
For further information contact Joanna Schaffner at the Pitkin Communit}~ Development
Department, (970) 920-5105.
Pitkin County Board of Adjustment
Published in The Aspen Times on August 31, 2008
Pitkin County Account No. 002.02
Q~,i°~~.
LIST OF ADJACENT OWNERS
U.S. Department of the Interior
Bureau of Land Management
50629 Highways 6 and 24
Glenwood Springs, Colorado 81601
~~iJf,~d~s
PITKIN C~NTY COMMUNITY DEVELC~AENT
Permit Receipt
RECEIPT NUMBER 00026297
Name: Pitkin County Date:7/10/2008
Project Address: 0 STONE ROAD (TOP)
Type: check # 178908
Permit Number Fee Description
0010.2008. PBOA
PP- Board of Adjustment Fee
Total:
Amount
648.00
648.00