HomeMy WebLinkAboutresolution.council.056-10RESOLUTION NO. 56
(Series of 2010)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE PLACEMENT OF
A ROLL DOWN AT 308 E. HOPHINS AVE. (UTE CITY RESTAURANT), CITY OF
ASPEN,COLORADO
Parcel ID 273707329007
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
Jerome Ventures, LLC, has submitted an application for a Temporary Use Permit to place roll
down flaps at 308 E. Hopkins Ave. to protect outdoor diners during inclement weather; and,
WHEREAS, the Applicant requests approval for a Temporary Use Permit to expire on
October 31, 2010; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use will not adversely impact the neighborhood; and
WHEREAS, City Council conducted a duly noticed public hearing on July 26, 2010;
and,
WHEREAS, City Council has reviewed and considered the temporary use request under
the applicable provisions in the Municipal Code, has reviewed and considered the
recommendation of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment; and,
WHEREAS, City Council finds that the temporary use permit meets or exceed all
applicable development standards; 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 of the Aspen Municipal Code, the City Council of the City of
Aspen, Colorado, does hereby grant a Temporary Use Permit to place roll down flaps at 308 E.
Hopkins with the following conditions:
Resolution No. 56, Series of 2010
Page 1
1. The roll down sides are only approved for the south and east facade.
2. The roll down sides are only allowed to be dropped during high wind, rain, or snow.
They may not be dropped during non-business hours, or at times when no diners are
occupying the outdoor dining area.
3. The roll down sides may only be installed for use between May 15`h and October 15`h of
each yeaz.
4. Notwithstanding potential future code amendments that could prohibit the roll down
flaps, Council grants the Temporary Use to expire on October 15, 2010.
5. The HPC Minor Development approval is site specific and sets no precedent for other
applications.
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.
APPROVED, July 26, 2010, at a public hearing before the City Council of the City of Aspen,
Colorado.
Michael C Ire and, Mayor ~---~`if~i'Attorney
ATTEST:
~S/ ~Cf~
Kathryn S. Ko ,City Clerk