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HomeMy WebLinkAboutresolution.apz.018-94 ~ REBOLUTZON OF T~E ]~EIPEN PL~INZNG ~PRO~ OF BPEC~ ~Z~ FOR O~R DZNZNG ZN RE~UZRED BP~CE FOR ~E ~~ ~EBT~ ~TED ~T 2~6 BO~ ~O~ ZN ~E ~TIE ~ P~ Resolution ~, p~suant to Section 24-3-101 of the Aspen Municipal Code, open space may be used for co~ercial restaurant activity upon Special Review approval by the Planning and Zoning co~ission; and ~, Aspen ~cade, Ltd./Bay Bridge Investment (the Applicant) s~mitted an application to ~e Planning office re~esting Special Review for the pu~ose of placing eight (8) two-person tables in two open spaces adjacent to their restaurant known as the Mirabella Restaurant; and ~, the proposal was reviewed by the Engineering Department, ~e Enviro~ental Health Department, the Historic Preservation officer, and the city Clerk's office, and referral co~ents were submitted to the Planning office; and ~, the Historic Preservation Co~ittee did not deem it necessary to review the design of the furniture or fencing, but the Commercial Core and Lodging Co~ittee reviewed the re.est to encompass a fifteen inch (15") wide strip of the Monarch Street right-of-way, and granted said re.est on June , 1994; and ~, in consideration of land use code criteria and the co~ents from the referral agencies, the Planning office reco~ended approval of the Special Review; and ~, at a re~lar meeting on July 5, 1994, the Planning and Zoning Co~ission reviewed and approved the Mirabella Special Review subject to six (6) conditions. NOW ~EFO~E BE IT RESOLED BY ~E ~P~ P~IN~ ~ ~ONING CO~ISSION that it grants approval for the Mirabella Special Review subject to the following conditions: 1. The use of the open space is for outdoor dining with up eight (8) two-person tables. 2. The outdoor dining use may run from April I through October 1. 3. This approval may run with the restaurant until such time that the patio use is expanded which shall require an amendment to this approval or the property owners terminate the use of this area for outdoor dining purposes. 4. The fencing and gates shall be in accordance with any 1 applicable Environmental Health, Building Department, or Liquor Licensing requirements. 5. The outdoor dining use shall comply with all conditions of the lease agreement with the Commercial Core and Lodging Commission. 6. The representations made in the applicatio~ or by the applicant before the Planning and Zoning Commission shall be adhered to during development. W. Bruce Kerr, Chairman ~n Carney,- Dep~y city Clerk