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RECEPTION* 654589, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 03/15/2019 at 12:26:36 PM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 12
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
TEMPORARY USE OF AN ICE LOUNGE AT 330 E. MAIN STREET, LEGALLY
DESCRIBED AS LOTS A - I AND LOTS O — S, AND THE EASTERLY 20 FEET OF
LOT N AND THE EASTERLY 170 FEET OF THE VACATED ALLEY ALL IN BLOCK
79, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 273707321004
WHEREAS, the Community Development Department received an application from
Sunny Vann of Vann Associates, LLC, on behalf of Iconic Properties — Jerome, L.L.C.,
requesting Temporary Use approval to erect the Ice Lounge for one-hundred and six (106)
days per year and five (5) annual recurrences; and
WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may
grant a temporary use approval for up to 180 days, and no more than ten (10) annual recurrences;
and,
WHEREAS, the applicant received approval via Resolution No. 173, Series of 2017 that
allowed for various temporary use structures to be erected on site for up to seventy-four (74)
days per year and five (5) annual recurrences, through 2022, with the ability to apply for an
administrative extension for the temporary use approval for another five (5) years, through 2027;
and,
WHEREAS, the City Council has reviewed and considered the development proposal
under the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered the recommendation of the Community Development Director, and has taken and
considered public comment at a duly noticed public hearing on January 28, 2019 and continued
the public hearing to February 25, 2019; and,
WHEREAS,the City Council approves the Ice Lounge on the Mill Street terrace, allowing
for temporary use of this structure for up to one-hundred and six(106)days per year;and,
WHEREAS, the City Council finds that the request for the extended temporary use
proposal for the Ice Lounge to be in accordance with the applicable development standards
associated with the request, and has approved it for three (3) annual recurrences with the option
to apply for an administrative extension of up to five (5)years after the initial approval; 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 THE CITY OF
ASPEN, COLORADO, THAT:
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Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves a Temporary Use request to allow the erection of the
Ice Lounge on the Mill Street Terrace, for one-hundred and six (106) days in each calendar
year for three (3) years, from February 2019 through December 2022. After three (3) years, the
applicant may submit an application to be reviewed administratively for an additional five (5)
annual recurrences (2023-2027).
Section 2:
Temporary structures that are approved on a site for a period greater than fourteen (14) days are
subject to growth management review, resulting in affordable housing mitigation. The
applicant is required to provide housing mitigation for one-hundred and six (106) days for the
Ice Lounge. Staff has calculated the amount of affordable housing due, based on the fees in
2019, as $1012.13 Affordable Housing mitigation fees will be calculated at the current rate each
year. Affordable Housing Mitigation for the Ice Lounge will be collected upon issuance of the
tent permit for that structure. Each year, a new tent permit will be required. The methodology is
shown in Exhibit A.
Section 3:
All temporary use structures on site must comply with the Outdoor Lighting Requirements outlined
in Section 26.575.150 of the Land Use Code.
Section 4:
A tent permit approval, including verification from the Aspen Fire Department that the structure
meets all necessary safety requirements, is required prior to the erection of each temporary
structure. If the Fire Department is unable to approve a tent in a given location it may not be
erected.
Section 5:
All material representations and commitments made by the Applicant pursuant to the
temporary use proposal as herein awarded, whether in public hearing or documentation presented
before the City Council, are hereby incorporated in such plan development approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 6:
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.
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
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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 City Council of the City of Aspen on this 25`h day of February 2019.
Attest:
Q6" J1
Linda Manning,City Clerk Steven Skadr n,Mayor
Approved as to form:
Jdi�es R.True, City Attorney
Attachments:
Exhibit A—Affordable Housing Mitigation Methodology
Exhibit A
Affordable Housing Mitigation Requirements
Ice Lounge
• 144 sq. ft./ 1,000 sq. ft. = 0.144 sq. ft.
• 0.144 sq. ft. x 4.7 FTEs = 0.6768 FTEs
• 0.6768 FTEs x 65%mitigation rate=0 .44 FTEs to be mitigated if structures are in use
100%of the year
• 0.44 FTEs/365 days per year= .0012 daily rate
• 0.0012 x 106 days =0.1272 FTEs
• 0.1272 x $238,687.04 cash-in-lieu rate= $30,360.99
• $30,360.99/30-year lifespan= $1,012.03 due for mitigation of the structure for a period
of 106 days.
TOTAL DUE $ 1,012.03
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