HomeMy WebLinkAboutresolution.apz.003-02 RESOLUTION NO. 03
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPENfPITKIN COUNTY GROWTH
MANAGEMENT COMMISSION APPROVING A GROWTH MANAGEMENT QUOTA
SYSTEM EXEMPTION FOR A 150 SQUARE FOOT ADDITION OF NET LEASABLE
SQUARE FEET TO 307 SOUTH MILL STREET, LOTS H AND I. BLOCK 82, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel lD No. 2737-182-17-004
WHEREAS, the Community Development Department received an application from Sue
Parry, represented by Alan Richman, requesting approval for a Growth Management Quota
System (GMQS) exemption for an 150 square fool expansion of a commercial restaurant use at
307 S. Mill Street, Lots H and I, Block 82. City and Townsite of Aspen; and,
WHEREAS, the subject property is located in the Commercial Core Zone District and
Historic District, and the lot size is approximately 6,000 square feet; and,
WHEREAS, pursuant to Section 26.470 of the Land Use Code, the Growth Management
Commission may approve a GMQS exemption for an expansion of a commercial 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 Aspen/Pitkin County Housing Authority and the Community
Development Department reviewed the proposed expansion and recommended approval of the
proposed exemption provided that the applicant provide employee housing mitigation for .65 full
time employees; and,
WHEREAS, during a duly noticed public hearing on April 2nd, 2002, the Growth
Management Commission approved with conditions, by a nine to one (9-1) vote, the proposed
GMQS exemption for an expansion of the commercial use at 307 S. Mill Street; and,
WltEREAS, the Growth Managemen! 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, the
applicable referral agencies, and has taken and considered public comment at a public heating; and,
WHEREAS, the Growth Management 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 Commun/ty
Plan; and,
WItEREAS, the Growth Management 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/PITKIN
COUNTY GROWTH MANAGEMENT COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, an
exemption from the Growth Management Quota System for a 150 square foot expansion of the
commercial restaurant use at 307 S. Mill Street is hereby approved with the following conditions:
1. Any change of use of the additional 150 net leasable square feet is subject to
an amendment to the GMQS Exemption granted herein and review by the
Growth Management Commission.
1. The Applicant shall complete (prior to any of the remodel work, including
removal of drywall, carpet, tile, etc.,) the Building Department's asbestos
checklist, and if necessary, a person licensed by the state to do asbestos
inspections must conduct an inspection. The Building Department cannot
sign any building Permits until they get this report. If there is no asbestos, the
demolition can proceed. If asbestos is present, a licensed aSbestos removal
contractor must remove it.
2. The Applicant shall provide a completed fugitive dust control plan to the
Environmental Health Department prior to issuance of a demolition or
building permit.
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 and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED by the Growth Management Commission at its regular meeting on April 2, 2002
APPROVED AS TO FORM: GROWTH MANAGEMENT COMMISSION:
Cit~Attomey xt Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
ATTEST:
/k' othian, Deputy City Clerk ~2:16;
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