HomeMy WebLinkAboutresolution.apz.022-08RECEPTION#: 551560, 08/01/2008 at
10:23:20 AM,
1 OF 5, R $26.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION No. 22
(SERIES OF 2008)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,
APPROVING A REQUEST FOR A GROWTH MANAGEMENT QUOTA SYSTEM REVIEW,
INSUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT, AND COMMERCIAL
DESIGN REVIEW FOR THE PURPOSE OF ENCLOSING TWO OUTDOOR SEATING AREAS
OF THE DANCING BEAR LODGE LOCATED AT 411 SOUTH MONARCH STREET, LEGALLY
KNOWN AS LOTS P, Q, R AND S, BLOCK 77, CITY AND TOWNSITE OF ASPEN
Parcel Identification Number 2737-182-19-002
WHEREAS, Eben P. Clark of Klein, Cote and Edwards, LLC located at 201 North Mill Street,
Suite 203, Aspen, Colorado on behalf of Dancing Bear Land, LLC, 210 North Mill Street, Aspen, Colorado,
submitted a request for Growth Management Quota System Review, an Insubstantial Planned Unit
Development Amendment and Commercial Design Review dated February 15, 2008 to the Planning and
Zoning Commission; and
WHEREAS, the subject property is located at 411 S. Monarch Street, Aspen, the pazcel is
identified as parcel number 273718219002, and the legal description of the property is: THE DANCING
BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED .TiINE 8, 2004 IN
PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION N0.498443, IN THE RECORDS OF THE CLERK
AND RECORDER, COUNTY OF PITKIN, STATE OF COLORADO and also known as Lots P, Q, R and
S, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado ("Property"); and
WHEREAS, the Planned Unit Development approval for the Property was originally approved by
the Aspen City Council in 2003 in Ordinance No. 29 Series of 2003, and the Dancing Bear Lodge Final
PUD Plan and Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 69
Page 80, Reception No. 498443 (the "PUD"); and
WHEREAS, the current request is to receive approval for Growth Management Quota System
Review allotments, an Insubstantial Planned Unit Development amendment, and Commercial Design
Review to amend the PUD to permit the enclosure of 386 square feet of outdoor seating to create indoor
seating, therefore increasing the net leasable commercial area; and
WHEREAS, the Planning and Zoning Commission reviewed and considered the application for
Growth Management Quota System Review pursuant to Code section 26.470.080 (Major Planning and
Zoning Commission Applications), an Insubstantial Planned Unit Development Amendment pursuant to
Code section 26.445.100 (A) (PUD Insubstantial Amendments), and Commercial Design Review pursuant
to Code section 26.412.040 (Review Procedures) under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community Development
Director, and has taken and considered public comment at a duly noticed public hearing on July 15, 2008;
and,
WHEREAS, upon review of the application and the applicable code standards, the Community
Development Department recommended approval of the request; and,
WHEREAS, a change order to the Building Permit application will be required; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT' RESOLVED BY THE PLANNING AND ZONING COMMISSION
OF THE CTI'Y OF ASPEN, COLORADO IN REGULAR MEETING ASSEMBLED, THAT:
Section 1:
The Planning and Zoning Commission makes the following findings of fact:
A request for Growth Management Quota System Review, a Planned Unit Development
amendment, and Commercial Design Review application was initiated by: Eben P. Clark of Klein,
Cote and Edwazds, LLC located at 201 North Mill Street, Suite 203, Aspen, Colorado on behalf of
Dancing Bear Lodge, 210 North Mill Street, Aspen, Colorado.
2. Notice of the proposed Growth Management Quota System Review, Planned Unit Development
amendment, and Commercial Design Review has been provided to surrounding property owners in
accordance with Section 26-304-060(E)(3) of the Aspen Municipal Code. Evidence of such
notice is on 51e with the City Clerk.
Section 2:
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Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning
and Zoning Commission hereby approves the Growth Management Quota System Review for new
commercial development under Major Planning and Zoning Commission Applications, Insubstantial
Planned Unit Development amendment as requested, and Commercial Design Review application request
for the Property.
The approval granted herein is conditioned on the following:
1. The applicant shall meet all of the conditions of Ordinance No. 29. of Series 2003; however the
applicant has approval to develop an additional 386 square feet of net leasable area by enclosing
some outdoor seating as shown in Exhibit A; and
2. The walls enclosing the seating areas shall be constructed with transparent glass materials, have the
capability to be opened and have the capability to permit passage to the patio on the south side of
the building.
Section 3•
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.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competentjurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
Section 5•
All material representations and commitments made by the Applicant pursuant to the approvals as herein
awarded, whether in public hearing or documentation presented before the Planning and Zoning
Commission or City Council, are hereby incorporated in such approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
INTRODUCED, READ AND ADOPTED by the Planning and Zoning Com is~i~n of the City of Aspen on
the 15th day of July 2008.
~~, _.-
spamer Chairperson
Attest:
ackie Lothian, Deputy City Clerk
APPROVED AS TO FORM
~~ ~
ames R. True, Special Counsel
List of Exhibits
Exhibit A -Approved Exterior Elevations and permitted area to be enclosed.
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