HomeMy WebLinkAboutresolution.apz.016-05RESOLUTION NO. 16
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR A 200
SQUARE FOOT ADDITION OF NET LEASABLE SQUARE FEET TO 450 SOUTH
GALENA STREET, LOTS K, L & M, BLOCK 96, CITY AND TOWNSITE OF ASPEN,
P1TKIN COUNTY, COLORADO.
Parcel ID No. 273 7-182-22-008
WHEREAS, the Community Development Department received an application from
Michael Goldberg, represented by Steven Dunn of Reno Smith Architects, requesting approval
for a Growth Management Quota System (GMQS) exemption for a 200 square foot expansion of
a commercial use at 450 S. Galena Street, Lots K, L & M, Block 96, City and Townsite of
Aspen; and,
WHEREAS, the subject property is located in the Commercial Core Zone District and
Historic District, and the lot size is approximately 9,000 square feet; and,
WHEREAS, pursuant to Section 26.470 of the Land Use Code, the Planning and Zoning
Commission may approve a GMQS exemption for an expansion of a commercial use 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 Aspen/Pitkin County Housing Authority and the Community
Development Department reviewed the proposed expansion and recommended approval of the
proposed exemption without additional mitigation; and,
WHEREAS, during a duly noticed public hearing on April 19, 2005, the Planning and
Zoning Commission approved with conditions, by a six to zero (6-0) vote, the proposed GMQS
exemption for an expansion of the commercial use at 450 S. Galena Street; and,
WHEREAS, the 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 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 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
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, an
exemption from the Growth Management Quota System for a 200 square foot expansion of the
commercial restaurant use at 450 S. Galena Street is hereby approved With the following conditions:
1. The Applicant shall obtain a building permit prior to the commencement of
construction for both the elevator and airlocks.
Any expansion of commercial use into the airlocks (i.e. coat check station) shall
require review by the Community Development Department and Housing Authority
Staff to determine additional impacts.
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 Planning and Zoning Commission at its regular meeting on April 19, 2005
APPROVED AS TO FORM:
GROWTH MANAGEMENT COMMISSION:
City Attorney
Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
ATTEST:
~t~y City Clerk
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