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HomeMy WebLinkAboutresolution.apz.056-00 RESOLUTIOI/NO. 56 (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE KOLOR WHEEL CONDITIONAL USE FOR A PAINT YOUR OWN CERAMICS ARTS AND CRAFTS STUDIO IN THE NEIGHBORHOOD COMMERCIAL ZONE DISTRICT AT 720 EAST DURANT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel Identification # 2737-182-42-049 WHEREAS, the Community Development Department received an application from Kathie Schulman, owner of the Kolor Wheel (Applicant), for a conditional use to operate a paint your own ceramms arts and craft studio in the Neighborhood Commercial (NC) Zone District in a space of approximately 600 square feet; and, WHEREAS, pursuant to Section 26.710. 170(C) of the Land Use Code, the Neighborhood Commercial Zone District allows paint your own ceramics arts and craft studio as a conditional use; and, WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning and Zoning Commission may approve a conditional use during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Community Development Department reviewed the application and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on November 7, 2000, the Planning and Zoning Commission approved, by a four to zero (4-0) vote, conditional use approval for a paint your own ceramics arts and craft studio at 720 East Durant, with conditions contained herein; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; 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, I IIIlll Illll Illlll Illlll Illl IIIII IIIIll III Illll IIII IIII 449995 12/27/2000 04:03P RE$OLUTZ D~VZS SILVI I o¢ 3 R 15.00 D 0.00 N 0.00 PZTKZN COUNTY CO WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Kolor Wheel,s conditional use approval for a paint your own ceramics 'arts and craft studio is approved subject to the conditions described hereinafter. Conditions of Approval: 1__:. This business/use shall not expand in any way, including, but not limited to, square footage and operating characteristics without gaining approval by the Planning and Zoning Commission. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same Shall be conducted and concluded under such prior ordinances. Section 3[ If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct portions and independent thereof, provision and shall not affect the validity of the remaining APPROVED by the Commission at its regular meeting on November 7, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: C~'~y ~tt~ney Robert Blaich, Chair``) -2- ATTEST: ~/(~ackie Lothian, Deputy City Clerk C: \home\nicld\Active Cases\Kolor Wheel\PZ Conditional Use MEMO,doc I IIIIII Illll IIIIII IIIIII IIII IIIII IIIIII III IIIII IIII IIII 449995 12/27/2000 04:03P R£SOLUT! D~VI$ $ILV! 3 ef 3 R 15.00 D 0.08 N 8.00 P~*TK~'N COUNTY CO ~