HomeMy WebLinkAboutresolution.apz.030-00 RESOLUTION NO. 30
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL FOR SPECIAL REVIEW OF A
REDUCTION IN OPEN SPACE FOR THE WORLDLINK CAFI~ LOCATED AT
520 EAST HYMAN STREET~ CITY OF ASPEN~ PITKIN COUNTY, COLORADO.
Parcel ID: 2737-182-15~004
WHEREAS, the Community Development Department received an application
from Jaxnes Guest, applicant, for a variance from the reduction in open space
requirements for placement of minimal outdoor seating in front the World Link Cafd; and
WHEREAS, pursuant to Sections 26.430.020, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or disapprove a
development application for Special Review, after recommendation by the Community
Development Department pursuant to Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Special
Review application for a variance from reduction in open space requirements in the
Commercial Core Zone District pursuant to Section 26.575.030(B) and recommended
approval; and,
WHEREAS, during a duly noticed public hearing on July 18, 2000, the Planning
and Zoning Commission recommended, by a 4 to 0 (4-0) vote, approval of the Special
Review application for a variance from reduction in open space requirements in the
Commercial Core Zone District; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable prowsions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission 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 OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Special Review application for a reduction in open space requirements to place
minimal outdoor seating in front the Worldlink Caf~ is approved with the following
conditions:
1. That the applicant, if deemed appropriate, may elect to accommodate up to a
maximum of three (3) tables and twelve (12) chairs to be placed in the patio
area/open space in front of the Worldlink Caf6; and
2. That this reduction of open space (placement of tables and chairs) may only
be an accessory use to a "food service use" in the building. In the event the
use of the building changes to a different use allowed in the Commercial Core
Zone District, a new application for Special Review shall be required to allow
a reduction of open space pursuant to Section 26.430.040(C).
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Comm/ssion or 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 3:
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 conducted and concluded under such
prior ordinances.
Section 4:
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 thereo£
Approved by the Commission at its regular meeting on July 18th, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney ~ 1/ Robert Blaich, Chair
ATTEST:
Dephty City Clerk