HomeMy WebLinkAboutresolution.council.007-25RECEPTION#: 707664, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 02105/2026 at 01:15:20 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #007
(SERIES OF 2025)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A
TEMPORARY/SEASONAL USE TO ACCOMMODATE A SEASONAL AIRLOCK
STRUCTURE AT 315 E HYMAN AVENUE, LEGALLY DESCRIBED AS UNITS 101,1029
1039 1049 1059 1069 1079 1089 1099 1109 2009 2019 2029 2039 2049 2059 2069 2079 2089 2099 3019
3039 AND 305, WHEELER SQUARE CONDOMINIUMS, ACCORDING TO THE
CONDOMINIUM PLAT THEREOF RECORDED DECEMBER 30, 1996 IN PLAT BOOK
41 AT PAGE 23, AND FURTHER DEFINED AND DESCRIBED IN THE AMENDED AND
RESTATED CONDOMINIUM DECLARATION OF WHEELER SQUARE, A
CONDOMINIUM, RECORDED MAY 169 2022 AT RECEPTION NO. 687577, COUNTY
OF PITKIN, STATE OF COLORADO.
Parcel ID: 2737-182-17-200
WHEREAS, the Community Development Department received an application from Grady
Huff c/o Boat Tow, 315 E Hyman Ave., Aspen, CO 81611 (the Applicant), requesting Temporary
Use approval to maintain a plastic and canvas tent structure appended to the entryway on Hyman
Ave. from December 10, 2024 through April 16, 2025; and,
WHEREAS, the application requests development rights to erect one seasonal structure for up
to one hundred twenty-seven (127) days per year, and,
WHEREAS, for approval of Temporary Use Review, the application shall meet the
requirements of Aspen Municipal Code Section 26.450 Temporary and Seasonal Uses; and,
WHEREAS, for approval of Commercial Design Review, the application shall meet the
requirements of Aspen Municipal Code Section 26.412, Commercial Design Review; and,
WHEREAS, for approval of Growth Management Review, the application shall meet the
requirements of Aspen Municipal Code Section 26.470, Growth Management Quota System;
and,
WHEREAS, the Community Development Department Staff reviewed the application for
compliance with the applicable review standards; and,
WHEREAS, the Aspen City Council has reviewed and considered the 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
comments at a public hearing; and,
WHEREAS, the Aspen City Council finds that the proposal for Temporary and Seasonal Use,
Commercial Design Review, and Growth Management Quota System meets the applicable land
use standards of the Land Use Code; 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 #007, Series of 2025
Page 1
NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES
THE FOLLOWING:
Section 1: Temporary and Seasonal Use:
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 temporary airlock
on the subject site, 315 E Hyman Ave., for one hundred twenty-seven (127) days in each calendar
year for five (5) years, from January 2025 through December 2029. After five (5) years, the
applicant may submit an application to be reviewed administratively for an additional five (5)
annual recurrences (2030-2034).
Section 2: Growth Management Review:
a. Affordable housing mitigation for the seasonal structure identified in Table I below shall be
assessed based on the formula set forth in Exhibit A to this Resolution. A credit of fourteen (14)
days shall be applied to the structure for each twelve (12) month period. Mitigation for all
seasonal structures shall be paid at the time of tent permit issuance for the first seasonal
structure.
b. Tent/building permits shall be submitted a minimum of ten (10) days prior to erecting any
seasonal structure.
c. Mitigation shall be paid as a lump sum for the total number of days that the structure will be up
upon issuance of the related tent permit. The mitigation fee for the temporary structure (subject
to the fourteen (14) day credit), is based on the maximum permissible floor area of the seasonal
structures set forth in Table I.
Table I: Affordable Housing Mitigation Methodology Table
Tent
Sq Ft
Total Days
"Mitigation Days
Boat Tow
Airlock
76.8
127
113
*This annual mitigation fee was calculated under the methodology in place at the time of
Council adoption and is subject to change in future years as code amendments occur. In the
event that additional housing mitigation is required, the Community Development Director
reserves the right to withhold issuing tent permits for seasonal structures until mitigation
requirements are met to the satisfaction of the Director.
Section 3: Fire Safety
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.
If the Fire Department is unable to approve a tent in a given location it may not be erected.
Section 4: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
Council Resolution #007, Series of 2025
Page 2
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Council, are hereby incorporated in such site development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 5: 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 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.
APPROVED BY the City Council of the City of Aspen on this 14th day of January, 2025
Approved as to form:
Jim ue, City Attorney
Attest:
Nicole Henning, City
Approved as to content:
A)P�
Torre, Mayor
Council Resolution #007, Series of 2025
Page 3
Exhibit A
Mitigation Methodology:
Airlock (76.8 sq. ft.) for 127 days / year
127 — 14 (14-day credit) = 113 days
76.8 / 1,000 sq. ft. = 0.0768 sq. ft.
0.0768 x 4.7 FTEs = 0.36096 FTEs generated
0.36096 x 65% mitigation rate = 0.234624 FTEs generated if used 100% of the year
0.234624 / 365 = 0.000643 daily rate
0.000643 x 113 days = 0.072637 FTEs
0.072637 x $341,346 (Cat. 4 cash -in -lieu rate) = $24.794.36
$24.794.36 / 30 years = $826.48 due for mitigation of the structure for 113 days
A total amount of $826.48 will be due as lump sum prior to issuance of the tent permits for
2025.
These figures were calculated using updated cash -in -lieu figures for Category 4 — and the
methodology described in 26.470.090.F; Temporary Uses and Structures and are subject to change.
Council Resolution #007, Series of 2025
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