HomeMy WebLinkAboutFile Documents.315 E Dean St.0004-2022-TSTRCouncil Resolution #128, Series of 2022
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RESOLUTION # 128
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING MULTIPLE
TEMPORARY USE STRUCTURES AT 315 EAST DEAN STREET, LEGALLY
DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT ASPEN RESIDENCE CLUB
AND HOTEL CONDOMINIUM MAP ACCORDING TO THE PLAT RECORDED
JANUARY 21, 2005 IN PLAT BOOK 71 AT PAGE 86 AS RECEPTION NO. 506237 AND
AS DEFINED AND DESCRIBED IN THE DECLARATION AND PLAN OF THE CLUB
OWNERSHIP FOR ASPEN RESIDENCE CLUB AND HOTEL CONDOMOMINIUM
RECORDED JANUARY 21, 2005, AS RECEPTION NO. 506236, COUNTY OF PITKIN,
STATE OF COLORADO.
Parcel ID: 2737-182-85-033
WHEREAS, the Community Development Department received an application from
Aspen Owner, LLC c/o St. Regis Aspen Resort, 315 E. Dean Street, Aspen, CO (the Applicant),
requesting Temporary Use approval to erect two (2) tents, four (4) yurts, and one (1) dome for
periods ranging from five (5) days to one hundred and forty (140) days (depending on structure);
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 five to zero (5 - 0) on November 15, 2022 to approve the request; and,
WHEREAS, the Aspen City Council approves the subject structures (identified in Table I),
allowing for temporary use for one (1) year (2022-2023); 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 #128, 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
Aspen City Council hereby approves the Temporary use request for a total of one (1) year (2022-
2023) to erect the improvements listed in Table I, subject to the conditions listed below.
Table I: Temporary Structures
Location Improvement Length of Time Dimensions
Fountain
Courtyard
One Tent
48 days (in 2022 only) & 40 days per
year thereafter through 2027 (pursuant
to Council Reso. #.158, Series 2017)
3,960 sq. ft.
Four yurts Nov. 21, 2022 -April 9, 2023
(140 days)
16 sq. ft.
diameter / yurt
8 seats / yurt
Chefs Club
Courtyard One tent December 1, 2022 - April 1, 2023
(121 days) 1,000 sq. ft.
Mountain Plaza
Courtyard
One dome December 1, 2022 – January 29, 2023
(60 days)
900 sq. ft.
◻ Conditions of Approval
1. A complete tent permit application shall be submitted at least ten (10) days prior to the day in
which each improvement is to be erected. Permit approval shall require verification from the
Aspen Fire Department that each structure meets 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 (applies to one structure per property).
A tent was erected in the Fountain Courtyard for a total of forty-three (43) days during Winter
2021-2022. This tent may be erected for an additional five (5) days in 2022 (from December 27-
December 31). The fourteen (14) day credit shall not apply to these five (5) days but rather shall
apply starting in 2023.
The mitigation owed for the remaining 5-days in 2022 is: $1,317.68
A credit of fourteen (14) days shall apply to the tent located within the Fountain Courtyard
beginning in 2023. Remaining structures shall pay full mitigation and no credit shall apply as shown
in Table II.
Council Resolution #128, Series of 2022
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Table II: Mitigation Required for Each Structure
Location Improvement Length of Time Dimensions Mitigation Owed*
Fountain
Courtyard
One Tent
40 days – 14 days =
26 days
(14-day credit applies
starting Winter 2023)
3,960 sq. ft.
$9,437.23
Four yurts
140 days
1,024 sq. ft.
total for all
four yurts
(16 ft. x 16
ft. diameter)
$13,140.26
total for all four
yurts
Chefs Club
Courtyard One tent 121 days 1,000 sq. ft. $11,090.76
Mountain
Plaza
Courtyard
One dome 60 days 900 sq. ft. $4,949.60
*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 #128, Series of 2022
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APPROVED BY the City Council of the City of Aspen on this 15th day of November 2022.
Approved as to form: Approved as to content:
James R. True, City Attorney Torre, Mayor
Attest:
Nicole Henning, City Clerk