HomeMy WebLinkAboutresolution.council.056-24RESOLUTION N0.056
(SERIES OF 2024)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
TEMPORARY USE OF A THIRD STORY TENT STRUCTURE AT 111 SOUTH
GARMISCH STREET, LEGALLY DESCRIBED AS LOT 1, MOLLY GIBSON LODGE
PLANNED DEVELOPMENT AND SUBDIVISION, ACCORDING TO THE PLAT
RECORDED JULY 219 2016, UNDER RECEPTION NO. 630849, COUNTY OF PITKIN,
STATE OF COLORADO,
Parcel ID: 2735-124-55-067
WHEREAS, the Community Development Department received an application from
Mitch Haas, representing Haymax Lodging LLC, requesting Temporary Use approval to erect a
laminated polyester tent on the third story deck for 75 days per year for five years with a
conditioned automatic approval for another five years (ten years total); 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 for up to ten years; 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, a public hearing was scheduled for May 14th, 2024; and,
WHEREAS, at a regular scheduled meeting on May 14th, 2024, City Council considered
the application during public hearing and by a five — zero (5 - 0) vote approved Resolution
Series of 2024; and,
WHEREAS, the City Council approves the tent structure, allowing for a temporary use
for 39 days per year for 2024; 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: Approvals
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 allow the erection of a
plastic and canvas tent on the subject site, on the third story deck, measuring up to 540 square
Feet, for a period of 39 days per year for the calendar year of 2024. The tent may include side
panels. The 39-day approval includes set-up and break -down days.
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City Council
Section 2: Conditions of ApUr�oval
The following condition shall apply:
a. The tent will be erected and disassembled within 24 hours of the start and conclusion of
any approved event, unless another approved event will take place within 48 hours, in
which case the tent will be disassembled within 24 hours of the conclusion of the last
e.
event.
Activities within the tent shall not extend beyond 12 AM (midnight) at any time.
The tent shall not be used for expansion of current food and beverage outlet seating.
A tent permit approval, including verification from the Aspen Fire Department that the
structure meets all necessary safety requirements, is required prior to the erection of the
temporary structure. A tent permit must be applied for each event (every time the tent is
erected and removed).
Full compliance with all applicable
review,
b
uilding and fire codes shall be met during permit
Temporary structures that are approved on a site for a period greater than fourteen (14) days are
subject to growth management review, resulting in affordable housing mitigation. The
applicant is required to provide housing mitigation for each day above 14 that the tent is up.
The estimated amount of affordable housing due for this site is for 0.11 Full Time Equivalents,
annualized over 30 years (based on methodology in 26.470.090.h, Temporary Uses and
Structures).
This fee must be paid prior to the placement of the structure on the site. Staff requires
verification of the size of the structure prior to payment. The fee must be paid on an annual
basis, using the Category 4 fee -in -lieu rate in effect at time of payment.
Section 4: Material Representation
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 and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 5: Existing Liti ag tion
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 6: 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.
City Council
Res. #056, Series of 2024
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APPROVED BY the City Council of the City of Aspen on this 14th day of May 2024.
Approved as to form:
es R. True, City Attorney
Attu:
C
Nicole Henning, City Clerk
Approved as to content:
Torre, Mayor
City Council
Res. #056, Series of 2024
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