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HomeMy WebLinkAboutresolution.apz.010-95RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING A GMQS EXEMPTION FOR A CHANGE IN USE TO PERMIT BOOGIES DINER TO EXPAND APPROXIMATELY 250 SQ.FT. INTO AN EMPLOYEE DWELLING UNIT AT 532 E. COOPER Resolution No. 95-~_~ WHEREAS, pursuant to Section 24-8-204(B) (1) (b) of the Aspen Land Use Regulations, the Planning and Zoning Commission can approve a change in use for any project that has a Certificate of Occupancy for at least two years; and WHEREAS, the Applicant, Lenny Weinglass, represented by Kim Weil from Bill Poss & Associates, submitted an application to the Planning Office to expand the kitchen area of Boogies Diner and to convert a two-bedroom employee unit to a one-bedroom employee unit to accommodate the expansion; and WHEREAS, the Applicant is proposing to add 250 sq.ft, to the Boogies Diner kitchen and has agreed to provide employee and parking mitigation for the increased commercial space; and WHEREAS, the Planning and Zoning Commission considered the applicant's request at a duly noticed public hearing on April 25, 1995 at which time the Commission voted to approve the request with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission: That the GMQS Exemption for a change in use to expand the Boogies Diner kitchen by 250 sq.ft, be approved, subject to the following conditions: Prior to issuance of any building permits, the applicant shall record a new deed restriction on the newly defined remodeled one-bedroom unit to a fully-deed restricted Category 3 unit. Prior to the issuance of any building permits, the applicant shall pay the $39,999.30 cash-in-lieu for mitigation of the employee generation. If this balance is not paid by May 22, 1995 the fee will increase to $50,195.20. The applicant shall pay the parking cash-in-lieu mitigation of $7,500, prior to the issuance of any building permits. Ail material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the 25, 1995. Commission at its regular meeting on April Attest: Sharon Carrillo, Deputy City Clerk Planning and Zoning Commission: W. Bruce Kerr, Chair reso.apz.gmqs.boogies