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HomeMy WebLinkAboutresolution.council.103-14 RECEPTION##: 613268, 09/0512014 at 09:25:36 AM, 1 OF 2, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 103 (Series of 2014) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE PERMIT FOR THE ASPEN POLICE DEPARTMENT TO BE LOCATED AT 101 FOUNDERS PLACE,UNITS 104 & 105, ASPEN, COLORADO. ParcellD: 2737-073-05-010; 2737-073-05-011 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, The City of Aspen, a municipal corporation, has submitted an application for a Temporary Use Permit to operate a portion of the Police Department functions at 101 Founders Place, Units 104 & 105; and, WHEREAS, the location is a commercial condominium partially located in the Service Commercial Industrial Zone District and partially located in the Neighborhood Commercial Zone District; and, WHEREAS, the Community Development Department has reviewed the temporary use application, finds it to be in compliance with the review criteria of Chapter 26.450, and recommends that the City Council approve the temporary use permit; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request 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 public hearing; and, WHEREAS, City Council finds that the proposed temporary use is consistent 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 community or the neighborhood; and, WHEREAS, the City Council finds that the temporary use request meets or exceeds all applicable development standards and that the approval of the 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 of public health, safety, and welfare. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Temporary Use In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant a temporary use permit to operate a portion of the City of Aspen Police Department at 101 Founders Place, Units 104 and 105 for a period of three Resolution No. 103, Series 2014. Page 1 years starting approximately September 1, 2014, or as otherwise defined in a lease agreement between the City of Aspen and the property owner. Section 2: Approval Conditions 1. Signage allowance shall be in accordance with City of Aspen Signage regulations AND applicable regulations of the Obermeyer Place Condominium Association. 2. Upon conclusion of the initial three year temporary use time period, annual extensions of the temporary use may be granted by motion of City Council. Extensions shall not require additional public hearing unless so determined by the City Council. Section 3: Severability 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 construed and concluded under such prior ordinances. 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,Adopted,Passed, and Approved on this 25h day of August, 2014, at a duly noticed public hearing before City Council. APPROVED AS TO FORM: APPROV AS TO ONTENT: es R. True, City Attorney Steven Sk ron, Mayor A EST: �9 inda Manning, City, Clerk Resolution No.103, Series 2014. Page 2