HomeMy WebLinkAboutresolution.council.058-00 RESOLUTION NO. 58
(Series of 2000)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING UP TO A 180-DAY EXTENSION OF A TEMPORARY USE PERMIT TO
THE KOLOR WHEEL OF ASPEN FOR THE OPERATION OF AN INSTRUCTIONAL
CERAMICS FINISHING STORE WITH RETAIL SALES FOR THE PERIOD OF MAY
15, 2000, TO NOVEMBER 10, 2000, 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 an extension of their Temporary
Use Permit to operate an instructional ceramics finishing store with retail sales at 720 East
Durant Avenue for up to a 180-day period of time; and,
WHEREAS, Community Development reviewed the temporary use extension
application and recommended that City Council approve the permit to extend the temporary use
for 180 days; and,
WHEREAS, City Council reviewed and considered the recommendation of the
Community Development Director, comments made by the Applicant, and tesftmony offered by
members of the public during a duly noticed public heating; 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 extension of 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 0f Aspen an extension of their
- temporary use permit to operate an instructional ceramic finishing store with retail sales
for up to 180 days begi~ming May t5, 2000, and concluding on, or before, November 10,
2000, with the following condition:
1. The applicant shall apply for a code amendment to allow the operation of an
instructional ceramics finishing Store with retail sales to be added to the list of
permitted or conditional uses in the Neighborhood Commercial Zone District by June
8, 2000, or thi~ temporary use permit shall expire on June 15, 2000.
Section 2:
Ali material representations and commitments made by the applicant pursuant to the
develop'~nent proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Com~cil, are hereby incorporated in such plan
development approvals and the same stzall be complied with as it' fully set forth herein,
unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any exist'rog 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 8th day of May, 2000, at
5:00 in the City Council Chambers. Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved this 8~ day of May, 2000~
Approved as to form: Approved as to content:
Attest:
Kathryn S~. Koch, City Clerk