HomeMy WebLinkAboutresolution.council.033-02 RESOLUTION NO. 33
(Series of 2002)
A RESOLUTION OF THE ASPEN CITY COUNCIL, GRANTING A
TEMPORARY USE PERMIT TO COLORADO RIFF RAFT
FOR RAFT 3~ND VEHICLE STORAGE AT LOTS 7-12, BLOCK 11, EAMES
ADDITION, CITY AND TOWNSITE OF ASPEN
Parcel ID: 2 735-131-14-003
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
Colorado Riff Raft, has submitted an application for a Temporary Use Permit to store rafting
equipment and vehicles on Lots 7-12, Block 11, Eames Addition, City and Townsite of Aspen;
and,
WHEREAS, the Applicant requests to use this property from May 1, 2002, to September
30, 2002; and,
WHEREAS, the Community Development Department has reviewed the temporary use
application and recommends that the City Council approve the temporary use permit with
conditions; and,
WHEREAS, City Council finds that the proposed temporary use is not inconsistent 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 neighborhood; and,
WHEREAS, 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, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development 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 ofpubtic health, safety, and Welfare.
Resolution No. , Series of 2002
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1: In accordance with Section 26.450.020 of the Aspen Municipal Code, the City
Council of the City of Aspen, Colorado, does hereby grant Colorado Riff Raft a temporary use
pemfit to store rafting equipment and vehicles, subject to the following conditions:
1. The duration of this temporary use permit shall be from May 1, 2002, to
September 30, 2002.
2. Raft guides may be on site from 6:30 a.m. to 9:00 a.m, from 11:30 a.m. to 12:30
p.m., and from 4:00 p.m. to 7:00 p.m. Raft guides may be on site for incidental
reasons anytime between 6:30 a.m. and 7:00 p.m. No raft guides may be on site
between 7:00 p.m. and 6:30 a.m.
3. The Applicant shall take appropriate measures to minimize the impacts of the
temporary use on site, including but not limited to, drainage from washing
equipment, tracked mud, parked vehicles, and any trash disposal containers. An
automatically locking bear proof trashcan shall be placed on-site and be utilized
by the raft guides to eliminate waste and trash on-site. The Applicant shall have
the Parks Department inspect the bear proof trashcan prior to commencing raft
trips.
4. The Applicant will make appropriate arrangements with the City Water
Department. The applicant shall initiate an account with City Water Department
to account for and pay for water usage.
5. No customers of Riff Raft are permitted on site.
6. The Applicant shall manage and conduct activities on site in such a manner as not
to create a nuisance, as defined in Section 15.04.520 of the Municipal Code.
7. The Applicant shall not create or allow noise levels in excess of those permitted
as set forth in Section 18.04.040 of the Municipal Code.
8. The Applicant shall comply with Section 13.08.110 of the Municipal Code, which
prohibits idling the motor of a stationary vehicle for more than 5 minutes within
any one hour time period.
9. The Applicant shall alleviate parking problems on neighboring streets by ensuring
that employees of Riff Raft are provided access to legal parking while working.
10. There shall be no parking/staging/shipping bY Riff Raft on Mill Street (West Side)
nor on Juan Street.
11. The Applicant shall only use biodegradable soap when cleaning vehicles and may
not let the water drain off the property.
12. The Applicant shall adhere to all representations made in the application and in
public hearings. Failure to comply with conditions of approval or representations
made shall be cause for the suspension of the temporary use permit.
Resolution No. , Series of 2002
Page 3
Section 2: This Resolution shall not effect 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.
Section 3: 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.
FINALLY, A~)O~,T~I), PASSm), ~.N~) Al, l,l~ovm) by a five to zero (5-0) vote, on April 22,
2002, at a public hearing before City Council.
APPROVED AS TO FORM:
z'~7-ty~Atto~[y' - - I~elen~K~k~, May~r
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Kathryn S. K~h,~ ~ity'Clerk