HomeMy WebLinkAboutresolution.council.060-11 RESOLUTION NO. 60
(Series of 2011)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A TEMPORARY USE PERMIT TO THEATRE ASPEN TO KEEP THEIR TENT
FRAME, STAGE, AND SEATING CONSTRUCTED DURING THE WINTER AT RIO
GRANDE PARK, 505 RIO GANDE PLACE, CITY OF ASPEN, COLORADO
Parcel ID 2737 - 073 -06 -851
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, Theatre
Aspen, has submitted an application for a Temporary Use Permit to keep their tent frame, stage, and
seating constructed at Rio Grande Park, 505 Rio Grande Place; and,
WHEREAS, the Applicant has approval to maintain a seasonal tent from mid -May to mid -
September and accessory structures in Rio Grande Park for theatre performances; and
WHEREAS, the Applicant has a long term lease with the City of Aspen to maintain their
seasonal tent and accessory structures; and,
WHEREAS, the Applicant requests approval for a Temporary Use Permit to keep the tent frame,
stage, and seating up during the interim time when their season ends (mid- September) and when the City
can review a Major SPA Amendment to the Rio Grande SPA and associated reviews; and,
WHEREAS, Community Development Department reviewed the temporary use application and
recommends that the City Council approve the temporary use permit with conditions; 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 September 12, 2011; 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, 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:
Resolution No. 60, Series of 2011
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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 Theatre Aspen a Temporary Use Permit to maintain the tent framing,
seating, and stage on Rio Grande Park, with the following conditions:
1. The temporary use is valid from September 15, 2011 to that time in which the City Council
reviews and votes on the pending Major SPA Application and associated reviews, but shall last
no later than May 15, 2012.
2. If the City Council denies the pending SPA Amendment, the tent framing, stage, and seating
shall be removed by the Applicant no later than May 15, 2012.
3. The tent framing shall not be covered.
4. The stage and seating shall be under protective cover and located on the existing concrete pad.
5. All material representations made in the application and in the hearing by the Applicant and the
Applicant's representative shall be considered conditions of approval, unless amended by other
conditions.
6. Theatre Aspen shall provide a security check of the site at least three times per week to ensure
the site remains safe and secure during the temporary use.
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, September 12, 2011, at a public hearing before the City Council of the City of Aspen,
Colorado.
I/ / q- zo_zode
Michael C Ireland, ayor . � "orcester, City Attorney
ATT :T: /
LULL
Kathryn S. Koci City Clerk
Resolution No. , Series of 2011
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