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04/27/2004 09:28~
$ILVI~q D~qVIS PITKIN COUNTY CO R 1! .00 D 0.00
RESOLUTION NO. 10
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A CONDITIONAL USE TO OPERATE A
FURNITURE STORE/SHOWROOM AT 132 WEST MAIN STREET,'UNIT B,
AJAX VIEW COMMERCIAL CONDO~!UMS~ CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID#2735-124-77-002
WHEREAS, the Community Development Department received an application
from Hardwood House, LLC, requesting and a conditional use approval to operate a
furniture store/showroom at 132 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, 132 W. Main~b¥~et is located in the Office Zone District and is
designated on the Aspen Inventory of Historically Designated Sites and Structures; and,
WHEREAS, pm'gu'ant to Section 26.425 of the Land Use Code, the Aspen
Planning and Zoning coinmission"~aY":~f6~ ~Pisi/°~'"with~'~0ndi~'~0n~, o~'d~fly"fi
conditional u,se request during a duly noticed public hearing after considering comments
from ~ ge~i"Pubiib; a ~:~commenda~on' f~;m 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 April 6, 2004, the Planning
and Zoning Commission approved, by a six to zero (6-0) vote, a conditional use request
to operate a furniture store/showroom at 132 W. Main Street, with the conditions
contained herein; and,
WHEREAS, 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 heating; 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 AsPeh~Area Community man; 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 ~T, RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMI~ii~SION as folloWs:
04/27/2004 Og
SlI~VIIq DgVIS P~TKIN COUNTY CO R 1~.,00 D 0.00
Section l
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the conditional use request to operate a furniture store/showroom at 132 W. Main Street is
hereby approved subject to the following conditions.
The Applicant shall offer free bus passes to employees of this
establishment that live outside of Aspen as was offered in the
application.
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 apply for and obtain a City of Aspen Business license
prior to commencing commercial operations.
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 April 6, 2004.
APPROVED AS TO FORM:
City Attorney
ATTEST:
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
/cie Lot '~tn, Deputy City Clerk