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HomeMy WebLinkAboutresolution.apz.039-01 RESOLUTION OF THE ASPEN PLANNING AND ZONING coMMIssION APPROVING THE OTHELLO'S SK8 SHOP CONDITIONAL USE FOR THE SALE AND RENTAL OF SKATEBOARDs Resolution #01 - 39 WHEREAS, the Community Development Department received an application from Othello Clark of Othello's Sk8 Shop, owner, represented by Paula Brodin, for conditional use approval for a the sale and rental; and, WHEREAS, the subject parcel is located in the Service/Commercial/Industrial Zone District in which the sales and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing or sporting good uses may be approved by the Planning and Zoning Commission pursuant to Section 26.425 of the Municipal Code; and, WHEREAS, the proposed business will also include the repair of skateboards and a half pipe available free of charge; and, WHEREAS, the Community Development Department reviewed the proposal and recommended denial; and, WHEREAS, dUring a public hearing at a regular meeting on October 2, 2001, the Planning and Zoning Commission approved by a five to one (5-1) vote the Othello's Sk8 Shop Conditional Use for a retail and rental establishment to be located at 465 N. Mill Street, Suite 5, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the c°mmission: That the Othello's Sk8 ShOp Conditional Use for a retail and rental establishment be approved with the following conditions: 1. That the use of the half pipe for a fee not be permitted until such time, and if, there is a code amendment to allow for a recreational use in the SCI zone district. 2. The applicant shall make the necessary alternations to ensure the half pipe area is soundproofed and the noise does not cause a nuisance to the neighboring tenants. 3. Prior to issuance ora business license, the applicant shall demonstrate to the satisfaction of the Housing Office that the proposed use does not generate more employees than the previous businesses. 4. Any expansion or other significant change in the operation of this use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 5. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. :~ Page: 1 of 2 12/10/2001 10:48A SILVIR DAVIS PITKIN COUNTY CO R l~.gO O 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning commission shall be adhered to and considered conditions of approval, unless othemfise amended by other conditions. APPROVED by the Commission at its regular meeting on October 2, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Cit~ Attorney~ Jasmine Tygre, Chair ATTEST: ackie Lothian,~Deputy City Clerk c:~home~saraho\planning\conditionaluse\Othello.doc Page: 2 of 2 12/10/2001 10:48~