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HomeMy WebLinkAboutapz.gmc.res.004-97RESOLUTION OF THE ASPEN/PITON COUNTY GROWTH MANAGEMENT COMMISSION FOR THE APPROVAL OF A CHANGE IN USE FOR A 1,750 SQUARE FOOT RESTUARANT AT THE ASPEN MANOR LODGE LOCATED AT 411 SOUTH MONARCH, LOTS P, Q, R, & S, BLOCK 77, CITY OF ASPEN Resolution //97- 4- WHEREAS, The Community Development Department received an application from Mr. Michael S. Egan, owner, for a Change in Use of 1,750 square feet from lodge use to commercial use; and, WHEREAS, Pursuant to Section 26.100.050(B)(3)(a) of the Aspen Municipal Code, a change in use may be exempted from the growth management scoring and competition procedures after review and consideration by the Growth Managament Commission; and, WHEREAS, the Housing Office, City Engineering, Parks Department and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, Pursuant to Section 26.28.190 of the Aspen Municipal Code, restaurants are a Conditional Use in the Lodge/Tourist Residential Zone District; and, WHEREAS, Pursuant to Section 26.60 of the Aspen Municipal Code, the Conditional Use request for a restaurant was approved with conditions by the Aspen Planning and Zoning Commission on April 1, 1997, in conformance with the requirements of said Section; and, WHEREAS, during a public hearing at a regular meeting on April 8, 1997, the Growth Management Commission approved by a 9-0 vote the change in use with the conditions recommended by the Community Development Department as amended by the Commission during the public hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Change in Use of seventeen hundred and fifty (1,750) square feet of lodge use to commercial use at the Aspen Manor Lodge, 411 South Monarch Street, is approved with the following conditions: o Before issuance of a certificate of occupancy, all City sidewalks adjacent to the parcel shall be repaired to their pre-construction condition, subject to approval by the City Engineering Department. A 5' wide buffer between the back of the curb and the sidewalk shall be provided in accordance with "The pedestrian Walkway and Bikeway System plan." In designing this walkway, deference to the existing trees shall precede this 5' buffer requirement. A final plat shall be recorded before issuance of a building permit. Parking will be delineated on the final plat. Adequate snow storage areas, to accommodate all accumulated snow on-site, will be delineated on the final plat, unless the snow is to be transported to an off-site location, in which case it will be noted on the final plat as the responsibility of the owner. The nature of any deed restriction shall be delineated on the final plat. . , o o o o The Growth Management Commission recommends to City Council approval of the proposed employee housing mitigation plan for 6.125 category 2, or lower, employees as committed by the applicant. The Growth Management Commission prefers all of the housing to be on-site if at all practical. All employee mitigation shall be accomplished prior to, or concurrent with, the completion of the restaurant. After one year of operation of the restaurant, the owner shall submit an audit, delineating the number of employees generated by the restaurant use, to the Housing Authority for any adjustment to this housing mitigation plan. Any said adjustment shall be accomplished prior to the end of the second full year of restaurant operation. The applicant shall mitigate for 6.125 emploYees. Prior to issuance of a certificate of occupancy, the Planning Department and/or the Housing Authority shall inspect and approve any employee unit(s) contributing to the employee mitigation. This shall include any units required after the one year audit. Prior to issuance of any permits, the applicant shall submit a drainage mitigation plan and report prepared by an engineer registered in Colorado that adequately addresses storm runoff and does not allow drainage onto walkways. Prior to issuance of a certificate of occupancy, the Aspen Consolidated Sanitation District shall inspect plans for, and. installation of, an oil and grease interceptor for the restaurant and an oil and sand interceptor for the garage. Prior to issuance of a building permit, the applicant shall submit plans and specifications conceming the restaurant.operation subject to approval by the Environmental Health Department. All material representations made by the applicant in the application and during public meetings with the Growth Management Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on April 8, 1997. APPROVED AS.TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Sara Garton, Chair ATTEST: ~ian, Deputy City Clerk