HomeMy WebLinkAboutresolution.council.015-08RESOLUTION N0. 15
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING TASTINGS WITHIN A
BREWERY.
WHEREAS, the Community Development Director received a request for a
interpretation of the Land Use Code regarding tastings within a Brewery from the owners
of the Aspen Brewing Company represented by Christopher Bryan of Garfield and Hecht
Attorneys; and,
WHEREAS, pursuant to Chapter 26.306 -Interpretations of Title, the Director
rendered a decision and the applicant sought an appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the
Interpretation of the Director or modify or reverse the Interpretation upon a finding that
there was a denial of due process, exceeding of jurisdiction, or abuse of authority in
rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and verbal
testimony from the Aspen Brewing Company principals and/or representatives and the
Community Development Director and has found that the Director provided due process
and neither exceeded his jurisdiction or abused his authority in rendering the
Interpretation; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE BE IT RESOLVED that the City Council affirms the
Community Development Director's Interpretation of the Land Use Code regarding
tastings within a Brewery.
This Resolution shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Resolution No. I5, Series of 2008. Page I
APPROVED by the Aspen City Council at its regular meeting on February 25`h, 2008.
ATTEST:
athryn S. Koc ,City ler
Michael C. Ireland, May r
APPROVED AS TO FORM:
/~~iEi/ /'1/ ~
Jo VJor ester, City Attorney
Resolution No. 15, Series of 2008. Page 2