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HomeMy WebLinkAboutresolution.council.050-96 ~ '. e e RESOLUTION NO. 'fa (Series of 1996) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO BLAZING ADVENTURES TO STAGE RECREATIONAL TRIPS FROM THE SILVER CIRCLE ICE RINK ON LOT 6 OF THE ASPEN MOUNTAIN pun WHEREAS, pursuant to Section 26.96 of the Aspen Municipal Code, the Applicant, Blazing Adventures, has submitted an application for a Temporary Use Permit to stage recreational trips from the skating building at the Silver Circle Ice Rink on Lot 6 of the Aspen Mountain; and WHEREAS, the Applicant requests to continue to use this property until September 30, 1996; and WHEREAS, the staff has reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and WHEREAS, City Council acknowledges that commercial use of the Silver Circle Ice Rink violates the Declaration of Restrictive Covenant recorded on June 29, 1990, which restricted Lot 6 as a "community activity center and public ice skating rink"; and WHEREAS, City Council recognizes that Blazin~ Adventures has operated in this location since June; and WHEREAS, City Council finds that the proposed temporary use is not inconsistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit to continue the operation until September 30 will not adversely impact the neighborhood; and - .. '. (Ia ~. Resolution No. t;fJ , Series of 1996 Page 2 WHEREAS, City Council finds that granting the temporary use permit will further the public interest and welfare by not disrupting the operation of a local business which provides valuable summertime recreational activities for local residents and visitors in the Aspen area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: In accordance with Section 26.96 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant Blazing Adventures a temporary use permit to continue to use the skating building at the Silver Circle Ice Rink as a pick up and drop off location for guests, subject to the following conditions: 1. This temporary use permit shall allow the applicant to continue to operate until September 30, 1996. 2. An amendment to the Aspen Mountain PUD shall be required to allow future commercial use of the structure. 3. The applicant shall manage and conduct its activities as allowed under this temporary use permit in such a manner so as not to create or allow a public nuisance as defined at Section 15.04.520 of the Municipal Code and or Section 16-13-304(l)(a) of the Colorado Revised Statutes. 4. The applicant shall not create or allow noise levels in excess of those permitted levels asset forth at Section 18.04.040 of the Municipal Code. 5. The applicant shall comply with Section 13.08.110 of the Municipal Code, which prohibits the idling of the motor of a stationary vehicle for more than 5 minutes within anyone hour time period. 6. The applicant shall adhere to all representations made in the application and in public hearings. 7. Failure to comply with the conditions of approval or representations made shall be cause for the suspension of the temporary use permit. 8. Vehicles shall not park or load on Dean Street adjacent to the Tipple Inn. e e (- Resolution No. 50, Series of 1996 Page 3 APPROVED, on August 26, 1996, at a public hearing before City CounciL ~ (j~- John ennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council ofthe City of Aspen, Colorado, at a meeting held on August 26, 1996. ~~C~~