HomeMy WebLinkAboutresolution.apz.029-01 RESOLUTION NO. 2~9
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECO~ENDING APPROVAL FOR AN AMENDMENT TO A
SPECIAL REVIEW FOR A'REDUCTION IN OPEN SPACE POR oUTSIDE
SEATING FOR RUSTIQUE BISTRO LOCATED AT 216 SOUTH MONARCH
STREET, CITY OF ASPEN, PITI(IN COUNTY, COLORADO.
Parcel ID: 2737-073-82005
WHEREAS, the Community Development Department received an application
from Charles Dale and Rob Ittner, applicants, for a change from the reduction in open
space requirements for placement of outdoor seating in the courtyard of the Katie Reed
Complex,
WHEREAS, in 1994 the planning and Zoning Commission approved a use of the
required open space for dining with eight two-person tables accommodating 16 people,
and now the new proposal will be eight four-person tables accommodating 32 people in
the same area,
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 change in the reduction in open space requirements for this
property 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 June 26, 2001, the Planning
and Zoning Commission conducted a public hearing, considered the recommendation of
the Community Development Director and took public testimony for a change in the
reduction in open space requirements in the Commercial Core Zone District; 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.
15 00 0 0 oe
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 change in use reduction in open space requirements
to place outdoor seating serving the Rustique Bistro is approved with the following
conditions:
1) The use of open space is for outdoors dining seating up to eight 32 people.
2} This approval may run with the restaurant until such time that the patio
use is expanded which shall require an amendment to this approval of the
property owners terminate the use of this area for outdoor dining purposes.
3) The fencing,, gates, and access ways shall be in accordance with any
applicable Environmental Health, Building Department, and Fire
Department or Liquor Licensing requirements.
4) All representations made in the application or by the applicant at the
Planning and Zoning Commission meeting shall be adhered to.
5) No tables shall be located on the sidewalk along Monarch Street
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 Plmming and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the san~e 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 thereof.
Approved by the Commission five to zero (5,0) at its regular meeting on June 26, 2001.
Page: 2 of' 3
10132/200! 0g:24~
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Cit~ Attorney - V Robert mnlch, Chair --
he Lo~i~, Deputy City Clerk