HomeMy WebLinkAboutresolution.council.045-00 RESOLUTION NO. 45
(SERIES OF 2000)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, FINDING THAT THE EXPLORE BOOKSELLERS AND BISTRO
EXPANSION WILL NOT GENERATE NEW EMPLOYEES, AND WAIVING
THE AFFORDABLE HOUSING MITIGATION REQUIREMENT FOR
INCREASING THE FAR TO 0.85:1 BY ENCLOSING THE SECOND FLOOR
DECK, LOTS D AND E, BLOCK 74, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, Katharine Thalberg, owner of the Explore Booksellers and Bistro,
represented by Alan Richman, have requested that City Council find that expanding the
historic landmark structure located at 221 East Main Street, from a floor area ratio of
0.75:1 to 0.85:1 by enclosing the second floor deck will generate no new employees, and
that City Council waive the affordable housing mitigation for this expansion; and,
WltEREAS, the Explore Booksellers and Bistro is located in the Office Zone
District and Historic Preservation Overlay Zone District, and the lot size is approximately
5,987 square feet; and,
WltEREAS, Ordinance 61, Series of 1976, designated the Shoenberg residence,
Lots D and E of Block 74, original Aspen Townsite, as an historic structure and site, and
the bookstore was subsequently established on site; and,
WltEREAS, pursuant to Section 26.710.180(C)(1) of the Land Use Code, the
Office Zone District allows bookstores and restaurants as conditional uses in structures
that have received historic landmark designation; and,
WltEREAS, Planning and Zoning Resolution 89-23 approved the Explore
Booksellers and Bistro Growth Management Quota System Exemption and Insubstant'lai
Amendment to the Conditional Use for the restaurant use; and,
WHEREAS, the Historic Preservation Commission has approved a conceptual
plan for enclosing the second floor deck on the alley side of the existing historic
landmark structure, and will rewew a final plan prior to the submission of building
permits; and,
WltEREAS, during a duly noticed public hearing on February 29, 2000, the
Planning and Zoning Commission recommended, by a four to zero (4-0) vote, approval
of the Explore Booksellers and Bistro conditional use request to expand the bookstore
and restaurant uses by 440 square feet and special review to increase the external floor
area ratio to 0.85:1, with conditions contained herein; and,
WHEREAS, during a duly noticed public hearing on February 29, 2000, the
Growth Management Commission recommended, by an eight to zero (8-0) vote, approval
o£the Explore Booksellers and Bistro Growth Management Quota System Exemption for
a Historic Landmark to increase the net leasable square footage by 440 square feet and to
increase the floor area ratio to 0.85:1, by enclosing a deck on the second floor; and,
WHEREAS, during a duly noticed public heating on February 29, 2000, the
Growth Management Commission recommended, by a six to two (6-21 vote that City
Resoluf~on No. . Series of 2000
Page 1
Council waive the housing mitigation for the Explore Booksellers and Bistro finding that
the expansion would generate no new employees.
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Growth Management Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, the City Council finds that no new employees will be generated by
increasing the floor area ratio to 0.85: I by enclosing a deck on the second floor of the
Explore Bookstore and Bistro; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
Expanding the Explure Booksellers and Bistro floor area ratio to 0.85:1 will generate no
new employees, and the affordable housing mitigation required for this expansion is
wmved, provided, however, that the Housing Office shall conduct an audit, paid for by
the Applicant, between July 1 and July 30, 2001 to determine the number of full time
employees and the Explore Booksellers and Bistro shall pay for any additional employees
determined to exist by the audit above the number of full time employees from July 1 and
July 30, 1998.
INTRODUCED, READ, AND ADOPTED by the City Council of the City of Aspen on
this 10th day of April, 2000.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
tree and accurate copy of that resolution adopted by the City Council of the City of Aspen,
C01~ora..tl,o, at a meeting held on the day hereinabove stated.
' ~} ~- Kath~/n~ S. Koch, City Clerk
Resolution No.~ Series of 2000.
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