HomeMy WebLinkAboutresolution.apz.013-02 RESOLUTION NO. 13
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A WHEELER OPERA i~IOU~E'~W PLANE
REVIEW, AND A SPECIAL REVIEW FOR PARKING AND COMMERCIAL
RESTAURANT USE OF OPEN SPACE FOR THE COLONY RESTAURANT AND
PIANO BAR LOCATED AT 307 S. MILL STREET. CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2737-182-17-004
WHEREAS, the Community Development Department received an application
from Sue Parry, applicant, for a Wheeler Opera House View Plane Review to increase the
height of an existing storage structure to 9'9", and a Special Review for Parking to pay
cash-in-lieu of providing additional on-site parking for a proposed 150 square foot
addition, and a Special Review for Commercial Restaurant Use of Open Space ro do
outdoor seating; and;
WItEREAS, the Growth Managemem Commission approved an Exemption from
the Growth Management Quota System ro expand the proposed conunercial space by 150
square feet; and,
WHEREAS, the Planning and Zoning Commission shall by resolution approve,
approve with conditions, or disapprove a development application for Wheeler Opera
House View Plane Review, after considering a recommendation by the Community
Development Deparrmem pursuant to Land Use Code Section 26.435.070; and,
WHEREAS, the Planning and Zoning Commission shall by resolution approve.
approve with conditions, or disapprove a development application for Special Review for
Parking and Commercial Restaurant Use of Required Open Space, after considering a
recommendation by the Community Development Depamuent, apphcable referral agency
comments, and after taking and considering public comments pursuant to Section 26.430;
and,
WHEREAS, the Community Development Department reviewed the Wheeler
Opera House View Plane application and recommended approval; and,
WHEREAS, the Community Developmem Deparumem reviewed the Special
Review application for Parking and for Commercial Restaurant Use of Required Open
Space and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on April 2, 2002_ the Plarming
and Zoning Commission, by a six to one (6-1) vote, approved with conditions the
proposed Wheeler Opera House View Plane Review, and a Special Review application to
pay cash-/n-lieu for the additional required parking and for Commercial Restaurant Use
of open space; and,
WHEREAS, the Aspen Plmming and Zorfing Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified here/n, has reviewed and considered the recommendation of the Community
Development Director; and,
WltEREAS, 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,
WItEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, TItEREFO~, :~SOL~D BY iH~ CITY 0FASpEN
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 Wheeler Opera House View Plane Review application to allow for the existing
storage building to be increased to a height of 9'9" is approved.
Section 2:
That the Special Review application to allow for the Applicant to pay cash-in-lieu for the
additional parking spaces required by the proposed 150 square foot addition is approved
pursuant to Land Use Code Section 26.515.040 with the follOwing Condition:
1.The Applicant shall pay a cash-in-lieu fee of $4500 to mitigate for .3 parking
spaces.
Section 3:
That the Special Review application to allow for Commercial Restaurant Use of the
required open space in the courtyard that abuts the Mill Street Mall is approved pttrsuant
to Land Use Code Section 26.575.030(A)(10) With the following conditions:
1. The existing sewer line serving the space shall be investigated further to
determine if it is suitable for an additional restaurant use. The sewer line shall
be brought into conformance with the Sanitation District's Standards if
required. The City of Aspen Parks Department, City Engineer, and Aspen
Consolidated Sanitation District shall be consulted prior to doing any work on
the sewer line within the public right-of-way.
2. The Applicant shall connect the roof drains to a drywell.
3.The Applicant shall provide two bathrooms on-site or receive a variance from
the State of Colorado Health Department.
4. The APplicant shall provide an oil and grease interceptor that meets the
Environmental Health Department and the Aspen Sanitation District's
requirements.
5. The Applicant shall provide a bear-progftrash container on-site.
6. The bar shall be fullY handicap accessible.
7. The Applicant shall obtain HPC approval prior to making any exterior
alterations to the structure.
8.The Applicant shall Obtain a Colorado Food £stablisl'unent License prior to
opening as a Restaurant.
9. The Applicant shall obtain a liquor license prior to serving alcohol.
10. All uses and construction shall comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as
they pertain to utilities.
Section 4:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public heating or
documentation presented before the Planning and Zoning commission 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 5:
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 6:
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 Commission at its regular meeting on April 2, 2002.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City'dAttorue~ ' Jasmine Tygre, Chair (,/k3
ATTEST:
~an~'~eputy City Clerk