HomeMy WebLinkAboutCouncil Resolution No. 137, Series 2019_Grey Lady Temporary Use_TentRESOLUTION NO. 137
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
TEMPORARY USE OF AIRLOCKED TENT STRUCTURE AT 305-7 S. MILL STREET,
ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK
19, CITY AND TOWNSITE OF ASPEN, COLORADO.
Parcel ID: 2737-182-17-004
WHEREAS, the Community Development Department received an application from
Ryan Chadwick requesting Temporary Use approval to maintain a plastic and canvas tent
structure covering the trellis over the public amenity space at the north end of the existing
commercial building from December 18, 2019 through March 31, 2020; 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; 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 public hearing, originally scheduled for December 10, 2019 was
continued to December 17, 2019 due to an absence of quorum on this agenda item; and,
WHEREAS, The City Council considered the application during public hearing at a
regular scheduled meeting on December 17, 2019 and by a three to zero (3 - 0) vote approves
Resolution No. 137, Series of 2019; and,
WHEREAS, the City Council approves the tent structure, allowing for a temporary use
for one hundred and five (105) days; 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:
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, over the existing trellis, measuring approximately 788
sq. ft., from December 18, 2019 to March 31, 2020, for a period of one hundred five (105) days.
The tent, including walls and roof, shall be removed in its entirety by April 1, 2020.
I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII III IIIII IIII
RECEPTION#: 666348, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 07/28/2020 at 12:65:39 PM
Janice K. Vos Caudill, Pitkin County, CO
Section 2:
The temporary structure shall be made available as a "Local Vendor Market" on Saturdays and
Sundays, for a minimum of two days per week until March 31, 2020, or until the tent enclosure
is removed; whichever comes first. The additional condition shall apply:
a. The Applicant shall make efforts to advertise availability of the Market to local artists
and producers.
Section 3:
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 $4,7770.58 (based on
methodology in LUC, 26.470.090.I).
This fee must be paid prior to the placement of the structures on the site. Staff requires
verification of the size of the structures prior to payment.
Section 4:
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.
Section 5:
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 6:
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 7:
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 171h day of December 2020.
Approved as to form:
mes R. True, City Attorney
Attest:
Nicole Henning, City Clerk
Approved as to content:
Ward Hauenstein, Mayor Pro Tem