HomeMy WebLinkAboutresolution.council.085-06
RESOLUTION NO. <6'5
(Series of 2006)
A RESOLUTION OF THE ASPEN CITY COUNCIL, GRANTING A
TEMPORARY USE APPROVAL TO ALLOW FOR A PORTION OF THE SECOND
FLOOR PATIO TO BE TENTED AT BOOGIE'S DINER, 534 E. COOPER AVENUE,
LOTS R AND S, BLOCK 95, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2737-182-24-008
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
Leonard "Boogie" Weinglass, has submitted an application for a Temporary Use Permit to tent a
portion (600 sq. ft.) ofthe second floor patio of Boogie's Diner located at 534 E. Cooper Avenue,
Lots R & S, Block 95, City and Townsite of Aspen; and,
WHEREAS, the Applicant requests to tent the patio for a 180 day period, through April
15,2007; 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 tQe recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards 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 IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
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 Boogie's Diner a temporary use permit for a 600 sq.
ft. tent structure on their second floor patio, subject to the following conditions:
1. This temporary use permit shall expire on April IS, 2007 and removal of the tent
must be completed by April 22, 2007, meaning that the structure must revert back
to functioning as an awning, without side walls.
2. The Community Development Director may approve future temporary use
requests to tent the second floor patio at Boogie's Diner for periods of no longer
than fourteen (14) days ifhe/she finds a future request to be consistent with the
approval granted herein.
3. This temporary use approval shall be the final permitted for a use of the same
nature on the subject property and the applicant shall initiate and gain approval for
a growth management allotment for the continued seasonal use of the tent or
removal is required.
4. The applicant shall obtain a building permit as may be required by City of Aspen
codes for the tent.
Section 2:
This Resolution shall not effect 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.
ApPROVED on October 10, 2006, at a public hearing before City Council.
APPROVED AS TO FORM:
~-
Cit ttomey
ATTEST:
~~~
'Kathryn S. h, CitY Clerk
Resolution No. '65', Series of 2006
Page 2