HomeMy WebLinkAboutresolution.apz.009-04$II_VIA DRVI$ PITKIN COUNTY CO R II .00 O 0,00
RESOLUTION NO. 09
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING THE A CONDITIONAL USE TO OPERATE A FRAME SHOP AT 616
WEST MAIN STREET, LOT N, BLOCK 24, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID#2735-124-44-008
WHEREAS, the Community Development Department received an application fi.om
Jennifer Park, requesting and a parking waiver foi: one required on-site parking space and a
conditional use approval to operate a frame shop at 616 W. Main Street; and,
WHEREAS, pursuant to Section 26.710.330(C)(1) of the Land Use Code, the Office
Zone District allows for shop craft industry and furniture stores as conditional uses in
historically designated structures; and,
WHEREAS, 616 W. Main Street is located in the Office Zone District and is
designated to the Aspen Inventory of Histo[ically Designated Sites and Structures; and,
WHEREAS, the Community Development Staff has interpreted that the use of a frame
shop is most consistent with the shop craft industry and furniture store uses that are specified in
the City of Aspen land Use Code; and,
WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning
and Zoning Commission may approve, approve with conditions, or deny a conditional use
request during a duly noticed public hearing after considering comments from the general
public, a recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Community Development Department reviewed the application and
recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on March 16, 2004, the Planning and
Zoning Commission approved, by a four to zero (4 - 0) vote, a conditional use request to
operate a frame shop at 616 W. Main Street, with the conditions contained herein; and,
WltEREAS, the Aspen Planning and Zoning Commission has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development
Director, the applicable referral agencies, and has taken and considered public comment at a
public hearing; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1 SILWA DAVIS PITKIN COUNTY CO R Il .00 O 0.00
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
conditional use request to operate frame shop at 616 W. Main Street is hereby approved subject
to the following conditions.
1. The Applicant shall provide a bear-proof trash container on-site.
The Applicant shall provide free bus passes for any additional employees that
are hired by the two (2) original owners.
Approval of this conditional use request is contingent upon obtaining a
waiver of one parking space from the Historic Preservation Commission.
The Applicant shall apply for and obtain a sign permit from the Community
Development Department prior to erecting any commercial signage. All
commercial signage shall meet the City of Aspen sign guidelines pursuant to
Land Use Code Section 26.510, Signs.
The Applicant shall improve the structure with one entryway that meets/he
accessibility requirements of the International Existing Building Code.
Improvements made to meet the accessibility requirements must be reviewed
and approved by the Historic Preservation Officer prior to installation.
No custom framing activities that entail hammering and routing shall begin
prior to 7 AM and last past 7 PM.
Section 2:
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 3:
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 March 16, 2004.
APPROVED AS TO FORM:
City Attorney'
ATTEST:
/~ckie Lothian, Deputy City Clerk
PLANNING AND ZONING
Jasmine Tygre, Chair