HomeMy WebLinkAboutresolution.council.077-01 RESOLUTION N0,-~-~, SERIES OF 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO CITY COUNCIL APPROVING A TEMPORARY USE THAT WILL
ALLOW RETAIL, COMMERCIAL RECREATION AND A ENTERTAINMENT
USES AT 465 N. MILL STREET, CITY OF ASPEN, COLORADO
Parcel ID: 2737-073-00048
WHEREAS, pursuant to Sections 26.450 of the Aspen Municipal Code, the
Community Development Department received an application from the Applicant,
Othello Clark, requesting a Temporary Use Permit for retail, commercial recreation and
entertainment use for property located at 465 N. Mill Street; and
WHEREAS, the applicant proposes these uses for a time period from July 23,
2001 to September 15, 2001; and
WHEREAS, pursuant to Sections 26.450.020 the Aspen City Council may
approve a Temporary Use, during a duly noticed public hearing, after considering
comments from the general public, a recommendation from the Community Development
Staff, and recommendations from relevant referral agencies; and
WHEREAS, upon review of the application and the applicable Land Use Code
standards, the Community Development Department recommends approval for the retail
use and denial of the commercial recreational and entertainment uses. Temporary Use
Permit for Retail and Recreation; and
WItEREAS, the Aspen 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 conducted on
July 23, 2001; and
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council approved, by a vote of ~ to ~ ( , ) for
the Temporary Use; and,
WHEREAS, the 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 BY THE CITY COUNCEL OF THE
CITY OF ASPEN, COLORADO ON THE 23rd DAY OF JULY, 2001, THAT:
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Section 1
Pursuant to the procedures and standards set forth in Tire 26 of the Aspen Municipal
Code, a Temporary Use Permit is approved allowing retail, commemial recreation and
entertainment temporary uses as put forth in the application, subject to the following
conditions:
1. The duration of the temporary use permit shall apply to the time period from July 23,
2001 to September 15, 2001, and any contemplated continued use of the property
shall be subject to the required review(s) pursuant to the City of Aspen Land Use
Code.
2. The hours of operation on the site shall be limited to the following:
-for the retail use-10 a.m. to 7 p.m., Sunday and Saturday;
-for the commercial recreation use-4 p,m. to 7 p.m, Monday through Friday and
10 a.m. to 7 p.m., Saturday and Sunday; and
-for the entertainment use- 8 p.m. to 10 p.m., Friday and Saturday.
3. The Applicant shall manage and conduct activities on the subject property in such a
manner as not to create a nuisance, as defined in Section 15.04;520 of the Aspen
Municipal Code.
4. The Applicant shall not create or allow noise levels in excess of those noise levels
permitted and as set forth in Section 18.04.040 of the Aspen Municipal Code.
Section 2
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
docnmentation 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 3
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for may
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 at its regular meeting on July 23rd, 2001.
APPROVED AS TO FORM: CITY COUNCIL:
~tto~y'
ATTEST:
~acki~ I~ot~a~, Deputy City Clerk
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