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HomeMy WebLinkAboutresolution.council.100-05RESOLUTION NO. 100 (Series of 2005) A RESOLUTION OF THE ASPEN CITY COUNCIL, GRANTING A TEMPORARY USE PERMIT APPROVAL TO ALLOW THE HOLLAND HOUSE SKI LODGE TO BE USED AS SEASONAL EMPLOYEE HOUSING AS MANAGED BY THE ASPEN SKIING COMPANY, FOR PROPERTY LOCATED AT 720 S. ASPEN STREET, LOTS 1, 2, 13 AND 14 AND THAT PORTION OF THE VACATED ALLEY BETWEEN LOTS 1 AND 14 AND THE WEST 20 FEET OF LOTS 2 AND 13, BLOCK 9, EAMES ADDITION TO THE CITY OF ASPEN TO THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-131-19-001 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, Wilhelm Family Limited Partnership and Snowmass Pacific Corporation, through their representative, DaVid Myler, of The Myler Law Firm, P.C., has submitted an application for a Temporary Use Permit to allow for the Holland House Ski Lodge to be used for seasonal employee housing; and, WHEREAS, the Community Development Department has reviewed the temporary use application and recommends that the City Council approve the Temporary Use Permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the neighborhood; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public heating; and, WHEREAS, the City Council finds that the temporary use request meets or exceeds all applicable development standards given that the Applicant shall use the Holland House Ski Lodge no more than one hundred and eighty (180) days following approval and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Resolution No. 100, Series of 2005 Page 2 Section 1: In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant Temporary Use Permit approval to allow for the use of the Holland House Ski Lodge as seasonal employee housing, subject to the following conditions: 1. The temporary use is valid from December 13, 2005 to June 9, 2006. The applicant shall seek and receive any necessary building permits for any interior or exterior building modifications and be in compliance with all applicable building, fire safety and utility codes. The approval of this Temporary Use Permit does not affect the standing of the Holland House Ski Lodge as a lodge and does not change its historic use in terms of the application of the City of Aspen's land use regulations with regard to the entitlement of the lodge to maintain it lodging unit replacement credits or invoking the replacement of resident multi-family housing requirements. All material representations made in the application and in the heating by the applicant and the applicant's representative shall be considered conditions of approval, unless amended by other conditions. While the applicant noted that approximately twenty-seven (27) residents will be occupied, this approval does not place a limit on the number of residents that may be occupied through this Temporary Use Permit. Section 2: This Resolution shall not affect any existing 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 construed and concluded under such prior ordinances. Section 3: 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. FINALLY, ADOPTED, PASSED, AND APPROVED on December 12, 2005, at a public hearing before City Council. APPROVED AS TO FORM: a-~Atto"rfiey ' Resolution No. 100, Series of 2005 Page 3 I~athryn ~ K~ity Clerl~