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HomeMy WebLinkAboutresolution.council.063-04RESOLUTION NO. 63 (Series of 2004) A RESOLUTION OF THE ASPEN CITY COUNCIL, GRANTING A TEMPORARY USE APPROVAL TO ALLOW FoRBIC~CLE RENTAL IN THE PARKING LOT OF THE ASPEN REc~ ATION C~TE~, 861'M~OON CREEK ROAD, ISELIN PARK PUD/SPA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-142-00-851 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, the City of Aspen Parks and Recreation Department, has submitted an application for a Temporary Use Permit to do bicycle rentals out of the parking lot of the Aspen Recreation Center (ARC), Iselin Park PUD/SPA, City of Aspen; and, WHEREAS, the Applicant requests the temporary use through the end of September, 2004; and, WHEREAS, the Community Development Department has reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the neighborhood; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request 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 City Council finds that the temporary use request meets or exceeds all applicable development standards and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commtmity Plan; and, WHEREAS, the City Council 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 COUNCIL OF ASPEN, COLORADO, THAT: Resolution No. 63, Series of 2004 Page 2 Section 1: In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant approval of a temporary use permit to allow for bicycle rentals in the parking lot of the Aspen Recreation Center (ARC), subject to the following conditions: 1. This temporary use permit shall expire on September 30, 2004. On-site signage associated with the temporary use shall meet the City of Aspen sign code regulations established in Land Use Code Section 26.510, Signs. 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 construed 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. FINALLY, ADOPTED, PASSED, AND APPROVED by a five to zero (5-0) vote on June 28, 2004, at a public hearing before City Council. APPROVED AS TO FORM: ATTEST:'"' Katt~ryn S~ ~.o~/bT~i~y~lerk