HomeMy WebLinkAboutordinance.council.036-92 ORDINANCE NO.
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE
PERMIT FOR SALES OF FROZEN CONFECTIONS AT THE MUSIC ASSOCIATION OF
ASPEN'S MUSIC TENT, LOT 2 OF THE ASPEN MEADOWS SUBDIVISION
WHEREAS, Lot 2 of the Aspen Meadows Subdivision is zoned ,A"
Academic, and retail sales are not listed as a permitted use within
that zone district; and
WHEREAS, pursuant to Section 24-7-1203 of the Municipal Code the
applicant, "TCBY" / Ellen Randall, has submitted an application for
a Temporary Use Permit to sell pre-packaged frozen confections from
a temporary booth at the Music Association of Aspen's (MAA) Music
Tent; and
WHEREAS, the applicant requests to use the site from June 12, 1992
to August 23, 1992 with the sales occurring during the Friday,
Saturday and Sunday concerts; and
WHEREAS, the staff has reviewed the temporary use application and
recommends to the City Council approval of the temporary use from
June 12, 1992 to August 23, 1992 with three conditions..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYiOF
ASPEN, COLORADO:
Section 1
That it does hereby approve the temporary use at the MAA Music
Tent, Lot 2 Aspen Meadows Subdivision, by "TCBY" /Ellen Randall for
the following non-academic use: sales of pre-packaged frozen
confections during the Friday, Saturday and Sunday concerts from
June 12, 1992 to August 23, 1992 at the location indicated in the
application with the following conditions:
1. The Temporary Use Permit shall only be effective for sales
during the Friday, Saturday and Sunday concerts from June 12, 1992
through August 23, 1992o
2. All applicable business and sales tax licenses shall be
obtained prior to commencement of the temporary use.
3. All representations that are made within the submitted
application and at the public hearing are incorporated herein and
shall be adhered to.
4. Failure to comply with the above conditions of approval!or
representations made within the application and at the public
hearing shall be cause for the suspension of the temporary use
permit.
Section 2:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 3:
This ordinance 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:
2
A public hearing on the Ordinance shall be held on the J
day of -~_ at 5:00 P.M. in the City Council Chambers, Aspen
city Hal~'~ Aspen Colorado. Public notice of the same shall be
published once in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ i%I~D ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the // day of
~ , 1992.
John Bennett, Mayor
KathrTn 8o Koch~ ~i~y Oler~
FINALLY, adopted, passed and approved this ~ day of
John Bennett, Mayor