HomeMy WebLinkAboutresolution.council.085-09RESOLUTION NO. O~
(Series of 2009)
A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A
TEMPORARY USE APPROVAL TO THE ASPEN ART MUSEUM FOR THE
INSTALLATION OF ARTWORK MADE WITH NEON ON THE EXTERIOR OF THE
ASPEN ART MUSEUM BUILDING, 590 NORTH MILL STREET, ASPEN,
COLORADO.
Parcel ID: 2737-073-00-859
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Art Museum, represented by Heidi Zuckerman Jacobson, has submitted an
application for a Temporary Use Permit to place a piece of artwork on the exterior of the Aspen
Art Museum Building located at 590 North Mill Street. The art piece includes neon, which is
prohibited in the City's sign code but which may be approved as a temporary use; and,
WHEREAS, the installation is expected to start on December 10, 2009, and be in place
through the end on January, 2010, plus additional time which may be necessary to erect and
remove the artwork; and,
WHEREAS, the Community Development Department has reviewed the temporary use
application and recommends that the City Council approve the temporary use permit; and,
WHEREAS, the Aspen City Council has reviewed and considered the temporary use
request under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding pazcels and neighborhood and that granting
the temporary use permit will not adversely impact the community or the neighborhood; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards and that the approval of the proposal, with conditions, is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO,THAT:
Section 1:
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the
City of Aspen, Colorado, does hereby grant the Aspen Art Museum a temporary use permit to
Resolution No ~~, ,Series 2009. Page 1
erect an art installation on the exterior of the Art Museum building which contains neon for the
period of December 10, 2009, through January 31, 2010, plus additional time as may be
necessary for the erection and removal of the artwork.
Section 2•
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 construed and concluded under such prior ordinances.
Section 3•
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.
FINALLY, Adopted, Passed, and Approved on this // 3 day of ~J' t~' , 2009, at a duly noticed
public hearing before City Council.
APPROVED AS TO FORM:
J6hn-VCTOrcestet, ity Attorney
ATTEST:
i/Kathryn S. Koch, City Clerk
Resolution No. _, Series 2009. Page 2
APPROVED AS TO CONTENT: