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HomeMy WebLinkAboutresolution.council.085-99 RESOLUTION NO. ~ (Series of 1999) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO THE KOLOR WHEEL OF ASPEN FOR OPERATION OF AN INSTRUCTIONAL CERAMICS FINISHING STORE WITH RETAIL SALES TO BE LOCATED AT 720 EAST DURANT AVENUE, BLOCK 106, CITY AND TOWNSITE OF ASPEN. WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, The Kolor Wheel of Aspen, has submitted an application for a Temporary Use Permit to operate an instructional ceramics finishing store with retail sales at 720 East Durant Avenue for a six month period of time: and, WHEREAS, Community Development reviewed the temporary use application and recommended that the City Council deny the temporary use permit; and, WHEREAS, City Council reviewed and considered the recommendation of the Community Development Director, comments made by the Applicant, and testimony offered by members of the public during a duly noticed public hearing; and, WHEREAS, City Council finds that the proposed temporary meets or exceeds the criteria for granting a Temporary Use; and, WHEREAS, City Council finds that granting the temporary use permit will not diminish the public interest, health, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado. does hereby grant Kolor Wheel of Aspen a temporary use permit to operate an instructional ceramic finishing store with retail sales for a six month period of time beginning November 15, 1999, and concluding on, or before, May 15, 2000. Section 2: All material representations and commitments made by the applicant pursuant to the developmen! proposal approvals as herein awarded, whether m public hearing or documentation presented before the City Council, are hereby ~ncorporated in such plan Resolution No. , Series of 1999 Page 2 development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: 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and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances.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 4: 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. Section 5: A duly noticed public hearing on this Resolution was held on the 13th day of September, 1999. at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved this 13th day of September, 1999. Approved as to form: Approved as to content: City ~tto. rfi~y A~e~: Kathryn~. ~och, City Clerk