HomeMy WebLinkAboutresolution.council.068-21 RESOLUTION NO. 68
(SERIES OF 2021)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
TEMPORARY USE FOR AN ART INSTALLATION COVERING THE HYMAN AVE
BUILDING FACADE AT 637 E HYMAN STREET, COMMONLY KNOWN AS THE
ASPEN ART MUSEUM, LEGALLY DESCRIBED AS LOT 1 OF AAM SUBDIVISION,
CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY, COLORADO.
Parcel ID: 273 7-182-25-051
WHEREAS, the Community Development Department received an application from
the Aspen Art Museum, requesting Temporary Use approval for an art installation over the
entirety of the Hyman Avenue building facade April 25, 2022 thru October 23, 2022; 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
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 finds that the proposed Temporary Use complies with Land
Use Code Section 26.450; and,
WHEREAS, The City Council considered the application during public hearing at a
regular scheduled meeting on September 14, 2021 and by a _!�)7- to vote
approves the request, with conditions; 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 for an art installation covering the
entirety of the Hyman Avenue building facade at the subject property on exhibition April 25,
2022 and shall cease exhibition on October 23, 2022. The approved Temporary Use shall be
constructed and installed April 12—April 25th, and shall be deconstructed and removed October
24`h—November 7, 2022.
Section 2:
The Temporary Use for an art installation shall be described in a Lighting, Noise and Energy
plan to mitigate impacts of the equipment used during the display of the art installation.
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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.
APPROVED BY the City Council of the City of Aspen on this 141h day of September 2021.
Approved as to form: Approved as to content:
J-Xm'- R.True,City Attorney Torre,Mayor
Attest:
'�v &t, — I
Nicole Henning,City Clerk
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