HomeMy WebLinkAboutResolution No. 147, Series of 2022_AlmresiCouncil Resolution #147, Series of 2022
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RESOLUTION #147
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
TEMPORARY USE STRUCTURE AT THE CHART HOUSE LODGE PLANNED
DEVELOPMENT, LEGALLY DESCRIBED AS: MOUNTAIN SIDE BUILDING, DANCING
BEAR RESIDENCES ASPEN, ACCORDING TO THE AMENDED AND RESTATED
CONDOMINIUM MAP RECORDED SEPTEMBER 19, 2016 IN PLAT BOOK 115 AT PAGE
64 AND AS DEFINED AND DESCRIBED IN THE AMENDED AND RESTATED
CONDOMINIUM DECLARATION RECORDED SEPTEMBER 19, 2016 UNDER
RECEPTION NO. 632277, TOGETHER WITH THE EXCLUSIVE RIGHT TO
POSSESSION AND OCCUPANCY OF A COMPARABLE RESIDENCE DURING THE
RESIDENCE WEEKS RESERVED BY THE OWNER PURSUANT TO THE AMENDED
AND RESTATED RULES, REGULATIONS AND RESERVATION PROCEDURES
RECORDED SEPTEMBER 21, 2016 UNDER RECEPTION NO. 632372 AND AGREEMENT
RECORDED OCTOBER 26, 2016 AS RECEPTION NO. 633316, CITY OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO; COMMONLY DESCRIBED AS 219 E.
DURANT AVENUE
Parcel ID: 2735-131-06-800
WHEREAS, the Community Development Department received an application from
Alyssa Thoma, c/o Almresi (the Applicant), requesting Temporary Use approval to erect three
gondola cars for one hundred and twenty two (122) days from December 9 to April 9 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 X to X (X - X) 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-two days (122) 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 #147, Series of 2022
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NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: Temporary Uses
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 enclose the outdoor patio structure from
December 9, 2022, to April 9, 2023, for a period of one hundred and twenty-twenty two (122) days,
subject to the following conditions of approval:
1. The gondolas shall be removed no later than April 10, 2023.
2. A complete permit application shall be submitted at least ten (10) days prior to the day in which
the gondolas are to be installed. Permit approval shall require verification from the Aspen Fire
Department that the structure meets all necessary life-safety requirements.
Section 2: Growth Management
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 $352.66 for one hundred and
eight (108) days (14 days less than 122). Total mitigation is subject to change, pending staff
verification of structural dimensions at the time of building permit.
Section 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.
Section 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 #147, Series of 2022
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APPROVED BY the City Council of the City of Aspen on this 29th day of November 2022.
Approved as to form: Approved as to content:
James R. True, City Attorney Torre, Mayor
Attest:
Nicole Henning, City Clerk