HomeMy WebLinkAboutresolution.council.082-11 RESOLUTION NO. 82
(Series of 2011)
A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A
TEMPORARY USE PERMIT EXTENSION TO OPERATE "THE NUGGET
GALLERY," AN ART GALLERY LOCATED WITHIN A COMMON LOBBY OF A
COMMERCIAL BUILDING AT 415 EAST HYMAN AVENUE, ASPEN, COLORADO.
Parcel ID: 2737 - 182 -16 -801
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Nugget Gallery, represented by Ross Kribbs, has submitted an application for a Temporary
Use Permit extension to continue operating an art gallery in the lobby of a commercial building
located at 415 East Hyman Avenue; and,
WHEREAS, the property is known as the Roaring Fork Condominiums and is owned by
F &M Ventures, LLC; Ernie Fyrwald, principal, and Horseshoe Holdings, LLC; Bruce Carlson
and Greg Jurgenson, principals.
WHEREAS, the City did not receive complaints about the business or operation in the
prior temporary permit period; 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 parcels 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: Temporary Use
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 Nugget Gallery a temporary use permit to operate
Resolution No. 82, Series 2011. Page 1
an art gallery in the lobby of 415 East Hyman Avenue, the Roaring Fork Condominiums, from
the passage of this resolution through January 2013, subject to the conditions listed herein.
Subsequent operation shall require an additional temporary use permit or compliance with the
Land Use Code.
Section 2: Approval Conditions
1. As represented by the applicant, the artwork shall be predominantly the work of local
artists.
2. All signage shall comply with the City of Aspen sign code regulations. Use of a
sandwich board sign is permitted year - round.
Section 3: Severability
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.
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.
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FINALLY, Adopted, Passed, and Approved on this/ da of December, 22M, at a duly noticed
public hearing before City Council.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
orcester, City Attorney Michae Ireland, Maygf
ATTEST:
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Kathryn S. K.• , City Clerk
Resolution No. , Series 2011. Page 2