HomeMy WebLinkAboutresolution.council.067-20 RESOLUTION#067
(SERIES OF 2020)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
EXTENSION OF A TEMPORARY USE APPROVAL AT 433 E. DURANT AVENUE,
LEGALLY DESCRIBED AS LOT 6,ASPEN MOUNTAIN SUBDIVISION AND
PLANNED UNIT DEVELOPMENT, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO
Parcel ID: 2737-182-85-006
WHEREAS, the Community Development Department received an application from
Chris Bendon of BendonAdams, LLC, on behalf of G.A. Resort Condo. Association, Inc., c/o
Hyatt Residence Club, Bob Weisman, President, requesting an extension of a 2019 Temporary
Use approval to install a temporary, portable, outdoor ice-skating rink refrigeration system
through the 2020/2021 ski season, contingent upon the active development of plans and a land
use application for the future use of the site; and
WHEREAS, via Ordinance #12, Series 1992, the site was previously approved as a Park
and Ice-Skating Rink to provide a public amenity and open space in conjunction with the
development of the Aspen Mountain Subdivision and the lodge property presently known as the
Grant Hyatt Aspen; and,
WHEREAS, via Resolution #091, Series of 2019, the applicant received approval to
locate a temporary chiller on the site to produce an ice rink from November 21, 2019 to March
31, 2020; and
WHEREAS, the onset of COVID-19 prevented the applicant from removing the
equipment by the deadline established in Resolution #091, Series of 2019. Through Resolution
#045, Series of 2020, Council approved an extension until September 17, 2020 and is now asked
to consider another extension through Winter 2020/2021; and
WHEREAS, the Community Development Director reviewed the request according to
the criteria of Section 26.450, Temporary Uses, provided in the Aspen Municipal Code, and
recommended Council grant the extension, with conditions; 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 August 25, 2020; and,
WHEREAS, the City Council finds that the request to be in accordance with the
applicable development standards and approves an Extension of Temporary Use for one-
hundred and eighty (180) days, contingent upon the active development of plans and a land
use application for the future use of the site;and,
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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,
City Council hereby approves an Extension of Temporary Use request to allow the portable,
outdoor ice-skating rink refrigeration system already in place to remain on the,site in the
current configuration for one-hundred and eighty (180) days. The 180 days will commence
on October 12, 2020 the expiration date of Resolution #052, Series of 2020, which granted
relief from enforcement of certain land use provisions as a result of COVID-19. The
expiration of the Temporary Use shall be April 10, 2021.
The temporary, portable, outdoor ice-skating rink refrigeration system shall be out of
operation at all times that the ice rink is not in use, and the existing screening around the
equipment shall remain in place at all times. These restrictions shall not prevent any
necessary maintenance of the unit. Following any maintenance activities, the unit and site
shall be returned to its original, approved condition.
Section 2:
The approved Extension of Temporary Use does not modify the existing approved use of the site as
described in Ordinance#12, Series 1992. By March 1, 2021, the applicant is required to submit a
complete land use application requesting another extension, or proposing an alternative. Upon
expiration of the Extension of Temporary Use, if no other request has been granted,the site shall be
returned to its condition prior to the Temporary Use approval as described in Ordinance #12, Series
1992.
Section 3:
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 4:
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 5:
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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APPROVED BY the City Council of the City of Aspen on this 25th day of August,2020.
est:
NicoleHenning,Ci C Torre,Mayor
Approved as to form:
ames R. True, City Attorney
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