HomeMy WebLinkAboutresolution.council.146-22RESOLUTION #146
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
EXTERIOR TEMPORARY AIRLOCK AT THE; LIMELIGHT HOTEL, 355 S.
MONARCH STREET, LEGALLY DESCRIBED AS THE LIMELIGHT
SUBDIVISION/PUD NORTH PARCEL, ACCORDING TO THE PLAT THEREOF
RECORDED DULY 26, 2006, IN PLAT BOOK 80 AT PAGE 20, COUNTY OF PITKIN,
STATE OF COLORADO.
Parcel ID: 2737-073-42-048
WHEREAS, the Community Development Department received an application from the
Aspen Skiing Company c/o John Perko (the Applicant), requesting Temporary Use approval erect
a temporary outdoor airlock for one hundred and twenty-five (125) days from December 21 to
April 24 and,
WHEREAS, pursuant to Chapter 26.450.050, Temporary Uses of the Land Use Code, City
Council may grant a temporary use approval for up to one hundred and eighty (180) days; and,
WHEREAS, the Aspen 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, has
taken and considered public comment at a duly noticed public hearing; and,
WHEREAS, the Aspen City Council finds that the request for Temporary Use,
Commercial Design Review, and Growth Management Review meets the applicable land use
standards and voted four to one (4 - 1) on November 29, 2022 to approve the request; and,
WHEREAS, the Aspen City Council approves the enclosure, allowing for a use of one
hundred and twenty-five (125) days; and,
WHEREAS, the Aspen City Council finds that this resolution furthers and is necessary for
the promotion of public health, safety and welfare.
Council Resolution #146, Series of 2022
Page 1 of 4
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: 'I' m ora - Uses
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves a Temporary Use request to erect a temporary airlock from December 21,
2022, to April 24, 2023, for a period of one hundred and twenty-five (125) days, subject to the
following conditions of approval:
1. The airlock shall be removed in its entirety no later than April 25, 2023.
2. A complete permit application shall be submitted at least ten (10) days prior to the day in which
the airlock is to be erected. Permit approval shall require verification from the Aspen Fire
Department that the structure meets all necessary life -safety requirements.
3. The use of curtains on the structure does meet not meet Building Code requirements. The
applicant shall work with the City of Aspen Building Department to determine an appropriate
means of egress for the structure.
4. The applicant shall work with City staff in good faith over the coming year to apply for a
permanent internal airlock.
Section 2: f rowth Mapagement
Pursuant to Land Use Code Section 26.470.090.h, Temporary Uses and Structures, affordable
housing mitigation shall be required for structures that are erected for more than fourteen (14) days
within a twelve (12) month period. The first fourteen (14) days for which a structure is erected shall
not require mitigation. Based on representations from the land use application, the estimated amount
of affordable housing due at the time of building permit submission is $1,175.12 for one hundred and
eleven (111) days (14 days less than 125). Total mitigation is subject to change, pending staff
verification of structural dimensions at the time of building permit.
Sectipn_3:_Material Representations
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.
6ection 4: Existing Litigation,
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._ Severability
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.
Council Resolution #146, Series of 2022
Page 2 of 4
z
APPROVED BY the City Council of the City of Aspen on this 29 h day of November 2022.
Approved as to form:
Ames R. True, City Attorney
Attest:
e
Nicole Henning, City 9lerk
Approved as to content:
Torre, Mayor
Council Resolution #146, Series of 2022
Page 3 of 4