HomeMy WebLinkAboutresolution.council.043-11 RESOLUTION NO.
(SERIES OF 2011)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
ADMINISTRATIVE DECISION REGARDING PERMITTED USES IN THE
SERVICE /COMMERCIAL/INDUSTRIAL ZONE DISTRICT MADE BY THE ZONING
ENFORCEMENT OFFICER
WHEREAS, the Community Development Department received a complaint with regard
to a yoga studio operating in the Service /Commercial /Industrial (S /C /I) zone district; and,
WHEREAS, pursuant to Chapter 26.710 —Zone Districts, the Zoning Enforcement
Officer rendered a decision that the use is not permitted in the S /C /I zone district; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the administrative
decision of the Zoning Enforcement Officer or modify or reverse the decision 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 oral argument from
Mike Kubasiewicz, the appellant, and the Community Development Director, and has found that
the Zoning Enforcement Officer provided due process and neither exceeded her jurisdiction or
abused her authority in rendering the administrative decision; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is
necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Zoning Enforcement
Officer's administrative determination of the Land Use Code that a yoga studio is not a permitted
use within the S /C /I zone district and is therefore prohibited.
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any action or proceeding now pending under or by virtue of the ordinances repealed or amended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.
APPROVED by the Aspen City Council at its regul. eeting on
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Kathryn S. / h, Ci Clerk *4' l r r i _,e=and, r
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APPROVED AS TO FORM:
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Resolution No. - -, Series of 2011. Page 1