HomeMy WebLinkAboutresolution.council.021-03 RESOLUTION NO. 21
(Series of 2003)
A RESOLUTION OF THE ASPEN CITY COUNCIL, GRANTING A
TEMPORARY USE APPROVAL TO ALLOW FOR THE SECOND FLOOR PATIO TO
BE TENTED AT BOOGIE'S DINER, 534 E. COOPER AVENUE, LOTS R AND S.
BLOCK 95, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-182-24-008
WHEREAS, pursuant ro Section 26.450 of the Aspen Municipal Code, the Applicant,
Leonard "Boogie" Weinglass, has submitted an application for a Temporary Use Permit to tent
the second floor patio of Boogie's Diner located at 534 E. Cooper Avenue. Lots R & S, Block
95, City and To~vnsite of Aspen: and.
WHEREAS. the Applicant requests to tent the patio through the end of March of 2003
and during other various shorter time periods throughout the year; and,
WltEREAS, the Community Development Department has reviewed the temporary use
application and recommends that the City Council approve the temporary use permit with
conditions; and,
WHEREAS. City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use permit will not adversely impact the neighborhood; and,
WHEREAS, the Aspen City Council has reviewed and considered the temporary use
request under the applicable prowsions of the Municipal Code as identified herein, has rewewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public heating; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards and that the approval of the proposal, with conditions, ~s
consistent with the goals and elements of the Aspen Area Community Plan; and.
WHEREAS, the City Council finds that th/s Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the
City of Aspen, Colorado. does hereby grant Boogie's Diner a temporary use permit to maintain
the tent structure on their second floor patio, subject to the following condition:
Resolution No. Series of 2003
Page 2
1. This temporary use permit shall expire on April 1. 2003 and removal of the tent
must be completed by April 2. 2003.
2. The Community Development Director may approve future temporary use
requests to tent the second floor patio at Boogie's Diner for periods of no longer
than fourteen (14) days if he/she finds a future request to be consistent with the
approval granted herein.
3. The applicant shall obtain a building permit to maintain the tent through the end
of March. Future requests to tent the patio area using the same tent structure that
a building permit is issued for will not require the approval of future building
permits.
Section 2:
This Resolution shall not effect 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 construed and concluded under such prior ordinances.
Section 3:
£f 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
FINALLY, ADOPTED, PASSED, AND APPROVED on March 10, 2003, at a public hearing before
City Council.
APPROVED AS TO FORM:
f-E~t°~n~'~" '~////~a~,~ Helen Kalin ~la~ d~ Mayor
ATTEST:
~athryn S. roc ,~City Cl~'rk' ' ~