HomeMy WebLinkAboutFile Documents.315 Dean St.0099.2018 (10).ACBKRESOLUTION NO. 102
SERIES OF 2018)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
TEMPORARY USE OF DINING YURTS IN THE CHEFS CLUB COURTYARD AT 315
E. DEAN STREET, LEGALLY DESCRIBED AS LOT 1, OF THE FIRST AMENDED
PLAT OF ASPEN MOUNTAIN SUBDIVISION/PUD, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-182-85-001
WHEREAS, the Community Development Department received an application from
Alan Richman of Alan Richman Planning Services, on behalf of 315 E Dean Associates, Inc.
requesting Temporary Use approval to erect dining yurts on site from December 2018 through
April 14, 2019; and
WHEREAS, the applicant received temporary use approval via Resolution #158, Series
of 2017 to erect various temporary use structures on site fora total of forty (40) days per year;
and
WHEREAS, the applicant received approval for five ,(5) annual recurrences through
2022, with the ability to apply for an administrative approval to be granted by the Community
Development Director for five (5) additional years, through 2027; 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 City Council reviewed the application and considered the Temporary
Use 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;and,
WHEREAS, the City Council approves the dining yurts, allowing for the temporary use
for one-hundred and thirty(135)days during the 2018-2019 winter season; 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:
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
dining yurts on the subject site, in the Chef's Club Courtyard, for 135 days from December 1,
2018-April 14, 2019, with the following conditions:
1. The applicant is required to comply with all outdoor lighting requirements. '
2. The applicant is required to provide adequate accessible seating per building `code
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requirements. The applicant will work with the Building Department and Fire
Department to determine all accessibility requirements and submit that plan with the tent
permit application.
3. The applicant is required to comply with all ingress and egress requirements.
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 received temporary use approval via Resolution #158, Series of 2017 and the 14-day
credit toward the affordable housing mitigation was applied to that request, so the applicant will
be required to mitigate for the entire one-hundred and thirty-five (135) day request. Staff has
calculated the affordable housing mitigation due based on the fees in 2018, as $6,704.64. Fees
must be paid prior to the placement of any structures on the site. The methodology is shown in
Exhibit A.
Section 3:
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 the temporary structure.
Section 4:
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 5:
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 6
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 City Council of the City of Aspen on this 9' day of July 2018.
Steven Skad on, ayor
nt"AMW
Linda Manning,City Cler
2 10/15/2018
Approved as to form:
mes R. True, City Attorney .
Attachments:
Exhibit A—Affordable Housing Mitigation Methodology
Exhibit A
Affordable Housing Mitigation Requirements
Methodolociv:
Chefs Club Dining Yurts:
Yurt Size Number of Yurts Seating Capacity Area In Sq. Ft
8'diameter 2 4 seats each 8 50.26 each-, 100.52 total
10'diameter 6 6 seats each 36 78.54 each; 471.24 total
12'diameter 2 8-10 seats each 16-20 113.10 each; 226.20 total
Total Total of 10 yurts Total of 60.64 seats 787.86 sq.fL in total
e 797.96 sq. ft./ 1,000 sq. ft. _ .798 sq. ft.
e .798 sq. ft. x 4.7 FTEs = 3.75 FTEs
e 3.75 FTEs x 65% mitigation rate = 2.43789 FTEs to be mitigated if structures
are in use 100% of the year
e 2.43789 FTEs / 365 days per year = .0066791 daily rate
e .0066791 x 135 days = .90167851 FTEs
e .90167851 x $223,072 cash-in-lieu rate = $201 ,139:23
e $201 ,139.23/30-year lifespan = $6,704.64 due for mitigation of the structure
for a period of 135 days.
TOTAL DUE 1 $ 6,704.64
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