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HomeMy WebLinkAboutresolution.apz.035-95RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A SPECIAL REVIEW FOR THE COMMERCIAL USE OF OPEN SPACE AT CAFE INK! AT 520 EAST DURANT (LOTS N THRU S, BLOCK 96) TOWNSHIP AND CITY OF ASPEN Resolution No. 95-~_~ WHEREAS, pursuant to Section 24-3-101 (Definitions - Open Space) of the Aspen Municipal Code allows the Planning Commission to approve commercial use of required open space pursuant to Section 24-7-404 A. 1-3: and WHEREAS, the Planning office received an application from Cafe Ink! (Keith Herbert and Alan Giaquinto) for a Special Use Review for the commercial use of required open space; and WHEREAS, upon the review of the referral comments submitted by the Engineering Department, the Community Development Department recommended to the Commission approval of the Special Review with conditions; and WHEREAS, the Commission held a public meeting at their regular meeting on December 5, 1995; and WHEREAS, by a vote of 6-0, the Commission approved with conditions the Special Review; and NOW, THEREFORE BE IT RESOLVED by the Commission: that it does hereby grant approval for Special Review for the use of open space for commercial use, based on the following conditions of approval: 1. Ail representations made in the application or by the applicant at the Planning and Zoning Commission meeting shall be adhered to during development. 2. That the placement of the proposed seating will be consistent with the representations of the applicant at the Planing and zoning Commission meeting and within the application. 3. The outdoor seating shall not interfere or encroach on adjacent businesses or doorways. The specific location of tables shall not extend beyond an approximately 12' x 12' area adjacent to D and E and Cafe Ink!, and shall not be placed adjacent to windows of either "Ross Andrews Jewelry" (Unit ll0B) or Geraniums N Sunshine (Unit 108). 4. Any expansion of seating shall require an application for special review and a meeting before the Planning and Zoning Commission. APPROVED by the Commission at its regular meeting on December 5, 1995. Attest: S~aron Carrillo, (date) Deputy city Clerk Planning and Zoning commission: Sara Garton, Chair (date)