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HomeMy WebLinkAboutresolution.council.005-15 Resolution No. 5 (Series of 2015) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A TEMPORARY USE TO LOCATE A FREEZER ON A DESIGNATED PARKING AREA AT 520 E. COOPER AVENUE, LEGALLY DESCRIBED AS UNIT SP-1, ASPENHOF SUBDIVISION. Parcel ID: 2735-182-24-043 WHEREAS, the Community Development Department received an application from Aspen Core Ventures, LLC & Cooper Street Development, LLC, requesting Temporary Use approval to permit the location of a freezer on a designated parking area at 520 E. Cooper Avenue; and, WHEREAS, the Community Development Director reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, and found the application to be consistent with the requirements of the Code; 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 temporary use proposal meet or exceed all applicable development standards associated with the request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: 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 request to permit the location of a freezer on a designated parking area at 520 E. Cooper Avenue through September 30, 2015. Up to two 6- month extensions may be approved by the Community Development Director. Section 2• All material representations and commitments made by the Applicant pursuant to the temporary use proposals 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. 520 E.Cooper-Temporary Use Resolution No. 5, Series of 2015 Page 1 of 2 Section 3• 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and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 day of 4 , 2015. Steven adron Mayor r Att st: Linda Manning, City Clrk Approved as to form: es R. True, City Attorney 520 E.Cooper-Temporary Use Resolution No. 5, Series of 2015 Page 2 of 2