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HomeMy WebLinkAboutpitkin.boa.96.28,... PITKIN COUNTY BOARD OF ADJUSTMENT Application Form DATE ~'~7'9~ CASE# ~6'a~ REPRESENTATIVE b>?Cts ~R2Dnifi1Z-SmIrN PHONE d3~(940 MAfLINGADDRESS I~~6. F7 jox ld'+£5~ I~~ erJtCO gl(plc~ OWNER I~~cv Sk~trv ~ CO~ PHONE d5"/ - c~ MAILING ADDRESS f ~0 . ~ K I d `t 8 1 ~} s~e N r C o B t (a t a. LOCATIONUFPROPERTY raD of ~~«'S ~,1+~-,~2.t.1 MovlJ~ty~ Any pertinent data must accompany this application, and will be made part of this l;ase~. /Th/e~Board msy return rhis application if it does not eon[aht all the facts in question ~ ~~~' 7W/ s" Owner's or Representative's Signattu~e ('1'o be completed by the Zoning Department) Provisions of the inning resolution requiring the Zoning Official to Ibrward this application to the 9oard of Adjustment, and reasons far not gran[ing a building permit ~-J K I lone DistricC Requesting: Lot Siu Front Yazd Setback Variance, where ' is req[tved. Rear Yard Setback Variance, where ' is regtired. _ _ Side Yard Setback Variance, where _ is required. _ Side Yard Setback Variance, where _ is required. L~_' Height Variance, where ~~~ ' is allowed. Squaze Feet where a maximtun of _ sq. ft. is allowed. r.,- ~- y. Other: ~kV /s Rat^P O/..yS~dbyt OI J. /I.;lO,ti C~ Ai'ilF1l ll.r~e /I~tNP.p"~ i~, ~ Zoning Official ~ -i%txn-.r " ~ /p ~ ~ ~,,; Application filed ~'7"'-9t~ PazceI ID N©~J a7~ -lR~ Date of Meeting----L~~~ az'Y ~ /X~2 Notices Mailed Secret h/f /JA/L/ ZtraF4{Bl1O BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONMG OR USE VARIANCE DESCRiBF,D BELOW: Pursuant to Pitkin County Resolution of lone 5, 1955, as amended, a Public Hearing will be held m consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the County Zoning Resolution. All persons affected by [he proposed variance aze invited [o appear and state they views, protests or objections. If you cannot appear personally at such meeting, then you aze urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration m the opinions of sun'ounding property owners end others atected m deciding whether to grantor deny the request for variance. THE PARTICULARS OF THE HEARING ANll OF THE REQUESTED VARIANCE ARE AS FOLLOWS: Datc and time of meeting: LncaHon of meefing: Owner: Owner's Address: Applicant: Applicant's Address: Properly Location or Deseription: October 15, 1996 at 5:15 p.m. Meeting Room, Pitkin County Library 120 N. Mill, Aspen U.S. Forest Service 806 West Hallam Aspen, CO 81611 Aspen Skiing Company P.O. Box 1248 Aspen, CO 81611 Top of Ruthie's Run, Aspen Mountain Requesting approval fora 55; Heigh[ Variance, where 20' is allowed, for the consttvetion of a radio antenna tower, Property Location: Top of Ruthic's Run, Aspen Mountain. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary , Pemtanent ~ 1a,rr*.1 !(~~ ., ~. ASPLV SKI W(i C9MPhRP Memo 'fo: Pitkin County Community Development Department Subject: Aspen Skiing Company Board of Adjustment Submission Aspen Mountain. Radio Antenna From: Brent Gardner-Smith, Director of Public Affairs Uate: September 27, 1996 Please find attached the necessary elements for a complete submission to the Pitkin County Board of Adjustment in regard to a height variance for a new radio antenna on top of the Ru[hie's Run on Aspen Mountain. Those elements include, * a completed application form; * a check for $105.00 and/or a copy of the check; * a letter describing the rationale for granting the variance; * a legal description (Exhibit "A") of the subject property; * a site plan (Exhibit "B"); * a diagram of the radio tower and antenna; * a vicinity map; and * a list of adjacent property owners and addressed envelopes. If there is any item that is incomplete or you need additional information, please call Brent Gardner-Smith at 923-1990 or Chris Hingst at 923-4832. Thank you for your assistance in processing this submission. , (a,~rn r?,q 9 aP PosT OFe~cE Bo% 1248, AsPCN, COI ORADO 8 L612-17,48 • 3031925-1220 ~.. ,... AHPEN SKIW(i COMPANY September 27, 1996 Mr. William Lukas Chair Pitkin County Board of Adjustment 130 South Galana Street Aspen, CO 81612 RE: Aspen Mountain radio antenna height variance request Dear Mr. Luker: Please consider this letter a description of why Aspen Skiing Company is seeking a height variance for a radio antenna to be located at the top of the Ruthie's ski trail on Aspen Mountain. 'The radio antenna is a necessary component of a new four-mpuntain radio system being purchased and installed by Aspen Skiing Company. As Rick Magill of the County Planning Office stated in his sts}fi'comments to the Board of County Commissioners, we are "proposing a new radio repeater facility for the purpose of expanding and improving radio communications for all four ASC mountains. The current system has limitations on the amount of users at one time, and with the addition of Buttermilk and Aspen Highlands on the system, so-called `systems loading problems' will be compounded. The Applicant has submitted a report prepared by Motorola Engineering which indicates that the Ruthie's site is the most feasible and effective location for the facility. The Motorola review included radio coverage, vehicular access for installation and maintenance, and power lord phone line availability. Currently the ASC has nine (9) 800 MHZ channels licensed by the FCC. These channels are not presently being used, but are required [o upgrade the systems for use on all four mountains. The ASC must utilize these channels by this fall (complete construction and put on air) or the right to use these channels will be lost." "Staff believes this facility is necessary to upgrade radio communications for all four ASC mountains. In addition, the County Director of Communications is in support of the new facility and anticipates the placement of public emergency communications radio equipment at the Ruthie's site. Staff believes that the visual impacts of the facility will be minimal and that the proposal is in compliance with the criteria for the Special Review section of the Land Use Code." As Rick's memo also noted, the County P&Z unanimously recommended approval to the BOCC, which then approved the radio facility nn its consent agenda. The specific hardship then is that this tower configuration at this location is the best solution from a radio engineering standpoint to accomplish the goals of establishing one radio system for all four ski areas, which will have benefits not only for the skiing guest on public lands, but will assist the efforts of County law enforcement, public safety, and mountain rescue personnel. The tower is a 75-foot supporting pole with a 5-foot radio antenna secured on top. The tower is d,,,,.raD-a ,a POST OrFlCe BOX 124N. Aseerv, COLORAtJO R I fi 12-1298 ~ )p3/925-1220 ,-. ~, ASPEN SKIM(i COMPANY 12 inches wide at the base and 3 inches wide a the top. It is a mono tower with no guide wires or support structures necessary. The tower and antenna will be painted black in accordance with County approval to minimize visual impact. The height of the tower is being dictated by Motorola Engineering's determination that this was the optimum location to place the radio antenna and the optimum height that the antenna needs to be in order to gain the desired coverage. A major benefit to the antenna location at this site is the ability for the radio system to reach into downtown Aspen -which could have distinct benefits to the County's communication system. A number of altemative sites and tower heights were analyzed and ultimately rejected by Motorola as the Ruthie's site with this tower height produces the best signal coverage and has the fewest visual impacts. In regard to visual impacts, Magill's memo states that "the upper portion of the tower will be visible from other areas on Aspen Mountain, although the building and the lower portion of the tower will not be readily visible to the surrounding area. The tower and attachments will be visible from Aspen Highlands and downvalley area, although the distances may render them relatively insignificant in terms of visual impacts. There are trees in the immediate area that are approximately ~/z the height of the proposed tower and will provide some screening of the lower part of the tower as viewed from the north and the west." We are confident that the visual impacts of this facility will be minimal. In regard to the other location on Aspen Mountain where there is radio equipment, Motorola rejected this site as not being conducive to extend coverage to the base of Aspen Mountain without an even higher radio antenna tower. Thus, the Ruthie's site is again, the best all around alternative and the proposed tower height for this location is as low as possible while still obtaining the desired level of radio coverage. I hope [his explanation is sufficient to allow [he members of the Board of Adjustment to grant this specific height variance. The variance is of critical importance to moving ahead with the installation of the radio system this Fall, which will allow us to maintain our FCC frequencies and provide for better guest service and public safety this winter. If you require any additional information, please contact me at 923-1990 or Aspen Mountain Manager Rob Baxter a[ 920-0732. Thank you very much far your time and consideration of this matter. Sincerely, Brent Gard~~Sn Director of Public Affairs fir; .retrt l~q Posr Oerice Rox 17g8, Asrr,N, Cornenuo 81617-1248 • 3031925-1220 LIST OF ADJACENT PROPERTY OWNERS TO FOR REPEATER TOWER PROPOSAL Aspen Skiing Company POB 1248 Aspen, CO 81612-1248 Stewart Maco 13733 Cayo Candles Ct. Corpus Christi, TX 78418-6311 Pi[kin County 530 E. Main Street Aspen, CO 8161 I Pfister Gmup POB EE Aspen, CO 81612 Aspen Mountain Mining Corporation POB 128 Aspen, CO 81612-0128 Stefan Albouy Estate POB 128 Aspen, CO 81612 (a, ~f0ft('C ~. F?~'=! Osi ~a (t Din \\ Osi ~~ i Re~Je3CZi y y ~a;.nn(If: r?z= Ssi SE'N'T 6Y: Ip 19-efi : B:OUAM : A S C. Au:aun ny- MOTORQLA lb~n~nyMpaeleet eM F/aelreaiu lee. October 11, 1996 r;m wars aspen Skiing Company ao carriage way . Snowma9s VI'llagc, CC1 81615 Dear Jun: 97098349]5:# 2i ]'. AtlfMU prWy lo'. {10U GMnWOOtl Pla]p B~, EnPrxuod. Go eoi 1 r G'Ot) 6e8~2R W Based on Motorola's calculations, the pn,posed radio tower must be ~arected at 75' or higher to accomplish dre necessary radio coverage fa:• skier and prilllic safety needs. r\ny incnertental redaction in tower height will result in loss ol'rndio frequency si8nal density to severe! kaoatioas hxcJading the base !uea of Aspen Mocuuain. Retards, C .~! w. / ~`~:F, Rich Riloy Raaio Systems Entgneer RRldp cc: 1'ai Ylabby George Eddy ~N4ebrn ~Inemn ~i r a / e 1111' uoeo QOeIOiI COnYOn Ponj. (}cr. l]gpe. !)49(:1,+•1 (N!4 E]e{~~Q TeLyJ..IdS~c`i1j m X N H Q T L c0 .~ ~ a d N E ~ U L71 C C O L Y p C N fl. O a L 0 C O p ~~ U <f3- W 7 r iA V C7 M ~ C7 ('7 r (`7 C] C7 C7 M N (h O ~ C7 ~ r ~ r u7 O ~ u7 O d' N V 7 c4 c0 ~ ~ ~ N V c Y y t (q ~ c_ ~ C ~ ~ N t ~ a N U s ~~ C 7 ~ C 3 ~ 7 0 Y ~ ~ ~ N C Q L rn a0 ~ m W m U m 2 N f0 Z m ~~, n;r e r ~(Jtd n` M ti ~ o ~ o ti ~ ~ a a Q ` o ~ z ~ u o _z Y n N _ ~~"~ W a N 5 a a ~o mom ai_ = _ -_ m sgfr ~ y LL r r I O j ~ T f ~ !"~ ~ G ^ ///~~~ \~ W --<--. 0. o .y ~ w 4 p~ ~ V ~:~ A - V ,-~ l Z G "' N ~ N O ~ . - b U .i ~/~ ~/ 1 O ~ m N~ O W N Z NO O L ~I ~ W o ~ o °i mc m ~ w o daw L. C J T a O Q O O U W N 6 N n Asper/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado A1611 (970)920-5090 City Land Use Appli cation Fees: 00113-63850-0JI Deposit _...~_ G3855-04? Flat Fee ___ _` -63860-013 HPC __. fi38R5-26R Public flight-of--Way _J__~_____ fi387J-04ti Zoning S Sign Permit ___ __, __ _ -MIt011 Use Tas 10000671(10.383 Park Dedication _ _ _ 150IX16305U-0RO _ AH Commercial ___ 150W6306i '182 AH Residential ______. County Land Use Application Fees: 0011363800033 Ueposit _,__-_. ___-_____ _ __ -63805-03» FlatFce ____ -63830-039 Z.aning __ _ __ 63825035 F3oard of Adjostmcn[ ,_.~Q ~;GU- __, Referral Fees: 001 13 63 8 1 003 5 001 1563 7 4OI63 fi2033fi33JO190 00125-6334Q?05 0011363RIS.73G 001136i81~ ? I2 Cnunn Enginc~;r City Engineer Housing Environmental Health CounP~Clerk Wildlife OP.icer Sales: 0011363&ZO-039 Couniy Coda _ -69000-i 35 Copy Fees __ O[hcr ///~~t"""~~~,,,,,,"""'''''' {~'/~~~_,, /p Total IUS~OG -r_/~~~~~ Name: ~:)~~ lC)__ Datc ~~_Check:1~/i Address , _ 1 T--_ Project: _ Case No: ~ ~~ Phone: ^ ~ ~ y2~G No. aE Copies c°:°'°~tic~ County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFURE State of Cobrado } THE PITKIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, ~/~i~ n 7L~Da~'C°+~ r'-.~ra7 ~ f'ji -being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public wayj and that the said sign was posted and 1visible continuously from the ? day of ~~-t 19~ to the day of G7;7~ . 19~ (Must be posted for at least nine (9) full days hcfnro the be:,rin+, d;3irt / c '. uplicant's Signature Subscribed and sworn to before me this 3 day of ncc.T'. l99(, by 1~lIEN7 sR~zA~)C-ft. ,sxt rl7't ~t,](F'1~.~ w'ITNESS MY HAND AND OrFICIAL SEAi,. ~. i, ti .~ + ~~`,ti+r ., ~T 4 ~ ~~" ,V 1 ' ' 4 ~I p ~ ~k ~a -. f ti ~ ~ai h 9 _ ~r do ~,., ~ - ! ! 1. _- u ~r . ~ ~.' S ~Y ~ RESOLUTION OF THE PITHIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTIlYG A HEIGHT VARIANCE FOR ASPEN SING COMPANY Resolution No. 96-28 WHEREAS, Aspen Skiing Company, owner of Rtrthie's Run on Aspen Mountain, is requesting approval of a 55' height variance, for the construction of a radio antenna tower, and WHEREAS, a 20' height limit is allowed for accessory structures; and WHEREAS, the subject property is described as Top of Ruthie's Run, Aspen Mountain; 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 findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. ?. The required hardship or practical difficulty has been established. 3. Granting such relief will not cause substantial detriment to the public welfare 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, a »' height variance shall be granted, for construction of a radio antenna tower, as shown on the attached plans (Exhibit "A"), due to practical and technical difficulties. 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: October 15, 1996 ATTEST: ~~ Ge g L' ,Secretary Pi Co ty Board o A ustment Cci ~ C~ Bill Lukes, Chair Pitkin County Boazd of Adjustment AGENDA/MEMO PITKIN COUNTY BOARD OF ADJUSTMENT October 15, 1996 at 5:15 P.M. MEETING ROOM, PITIQN COUNTY LIBRARY 96-27 MARTINEZ, JOSE PEDRO SR 61 Lazy Glen Requesting approval for FAR, Arterial Highway and Yazd Setback Variances for the placement of a mobile home. 96-28 ASPEN SIQING COMPANY AF-SHI Top of Ruthie's Run, Aspen Mountain Requesting approval fora 55' Height Variance, where 20' is allowed, for the construction of a radio antenna tower. PLEASE CONTACT GEORGE LILLY, 920-5442, AS SOON AS POSSIBLE TO CONFIRM IF YOU WILL ATTEND TIIE MEETING. MINUTES Pitltin County Board of Adjustment October 15, 1996 Members Present: Michael Cooper Shira Geller Rod Dyer Ellie Brickham John Wheeler Staff: Joanna Schaffner, Zoning Officer George Lilly, Secretary Cooper opened the meeting and introduced the Boazd. Case #96-28 Q~pen Skiing Comn~Ily~T4p of Ruthie's Run. Aspen MoLntain Schaffner introduced the request for approval fora 55' height variance, where 20' is allowed, for the construction of a radio antenna tower. Brent Gazdner Smith, Rob Baxter, and Jim Wazd were present as representatives of the Aspen Skiing Company. Smith explained that the Ski Co had approached Motorola to analyze their four mountain radio system and that Motorola determined that Ruthie's would be the best site for a new tower that would link ail four mountains. Motorola also determined that the tower at the Ruthie's location would need to be 75' tall. Smith referred to a letter from Motorola summarizing their analysis. Computer enhanced photographs were presented to show the visual impact of the proposed tower. The tower would~e 14" at the base and nan•ow to 3" at the top. The top will likely protrude through the trees, and the visual impact should be minimal, according to Smith. He noted that the tower had been approved unanimously on the P&Z consent agenda for BOCC. No members of the public were present to comment on this case. Dyer moved to grant a 55' height variance, where 20' is allowed, for the construction of a radio antenna tower, in accordance with the documents submitted, due to practical and technical difficulties. Brickham seconded. Motion passed unanimously. ('ase #96-27 Jose Pedro Martinez- 61 Lazv Glen Cooper introduced the request for approval for FAR, arterial highway and yazd setback variances for the placement of a mobile home. Schaffner indicated that the applicant had returned to Grand Junction to look at other sizes of mobile homes, as well as staff having reseazched the variety of sizes available for new mobile homes. With this new information, the applicant now proposes a mobile home that would not require any side yazd setbacks, but would require a front or reaz yazd setback. The proposed new trailer is narrower and longer. Jose Martinez was present and stated that he would now like to place a trailer that is 14' by 76' (1064 square feet) on his lot. He said the existing mobile home was built in 1969 and is 12' by 64' (768 squaze feet). No members of the public were present. Wheeler recalled the sentiment of the last meeting that from a safety standpoint the Boazd would like to see a new mobile home placed on the lot, but was struggling with the FAR. The subsequent discussion revolved azound providing the applicant with enough floor azea to fit his needs, while maintaining adequate setback requirements. Wheeler suggested the Boazd determine a formula with which Mr. Martinez could choose the configuration of a new mobile home. Cooper concurred and number crunching ensued. Wheeler moved to grant a 200' arterial highway setback vaziance, an FAR variance of 541 squaze feet so that the total squaze footage will not exceed 1060 square feet, a 15' total side yazd setback variance (no side yazd to be less than 5'), a 22' total front and rear yazd setback variance (minimum reaz yazd setback to be 5', minimum front yazd setback to be 15'), due to practical difficulties of the site and safety concerns for the old unit. Cooper seconded. Motion passed unanimously. Meeting adjourned at 6:15 PM. Respectfully submitted, Approved as submitted Approved with noted change(s) George Lilly, Secretary Bill Lukes, Chair Date Date • Aspen/Pitlcin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970)920-5090 City Land Use Apj 00113-63850.041 -63855-042 -63860.043 -63885-26R -63875-046 -MRO I 1 10000(,7100.383 15000-63050~R0 15000-63(X5-482 ~lication Fees: Deposit Fla[ Fee HPC Public Right-of-Wav Zoning C Sign Permit Use Tax Park Dedication AH Commercial AH Residential County Land Use Application Fees: 0011363800.033 Deposit -6380-034 Flat Fee 63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 0011363810-035 0011563340-163 6202363310-190 0012563340-20s 0011363815-036 0011363812_-212 Sales: 0011363830.039 -69000-i45 County F'ngineer Ct[v Engineer Housing F,nvironmental Health County Clerk Wildlife Officer County Code Copy Fees -----_ __ Other Name: / f~i r'l°j ~ / ~ Address-'"'~°'~ ~-- Phone: -_~~~~xJ ~~ ~~~ - 10~. UO - - 1'otal_ ~O'S~OG Date: ~~~ Check: _~~~~ Project: Case No: /~ -Z$ No. of Copie~