HomeMy WebLinkAboutresolution.council.098-07RESOLUTION NO. ~~
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE PLACEMENT OF
A SHELTER FOR ONE FIRE ENGINE LOCATED ON THE ZUPANCIS PROPERTY,
540 EAST MAIN STREET, A METES AND BOUNDS PARCEL, EAST ASPEN
ADDITION, BLOCK 19, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-24-003
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
the Aspen Fire Protection District, has submitted an application for a Temporary Use Permit to
place a shelter for one fire engine on the Zupancis Property, at 540 East Main St.; and,
WHEREAS, the Applicant requests to begin installation of the shelter immediately upon
receipt of a City of Aspen building permit, and to use the shelter for a period of six (6) months
from the date of receipt of the building permit; and,
WHEREAS, the Applicant is simultaneously applying under Resolution No. _, Series
of 2007, to include the Zupancis Property as additional lands within the Fire Station
Redevelopment COWOP land use review in order to authorize the COWOP Task Force Team to
review the use of the Zupancis Property for this same fire engine shelter, so that the COWOP
Task Force Team can more closely determine the necessary term of the shelter's use; and,
WHEREAS, the Assistant City Manager has granted the Aspen Fire Protection District
consent to pursue this temporary use request; 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 will not adversely impact the neighborhood; and
WHEREAS, City Council conducted a duly noticed public hearing on November 26,
2007, at which time this matter was continued until December 3, 2007; and,
WHEREAS, City Council conducted a duly noticed public hearing on December 26,
2007; and,
WHEREAS, City Council has reviewed and considered the temporary use request under
the applicable provisions in the Municipal Code, has reviewed and considered the
recommendation of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment; and,
WHEREAS, City Council finds that the temporary use permit meets or exceed all
applicable development standards; 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 of the Aspen Municipal Code, the City Council of the City of
Aspen, Colorado, does hereby grant the Aspen Fire Protection District a Temporary Use Permit
to place a shelter for one fire engine at the Zupancis Property at 540 East Main St., with the
following conditions:
1. The Applicant must obtain a building permit before erecting the tent.
2. The temporary use is valid from date of issuance of a City of Aspen building permit, and
for a period of six (6) months.
3. The tent must be completely disassembled six months from the date of issuance of a City
of Aspen building permit, unless subsequent land use approvals have been executed.
4. The temporary use shall allow for aone-story shelter of twenty-six feet (26) feet by forty
(40) Feet.
5. During the building permit application process, applicant shall consult with the Historic
Preservation Officer to ensure no damage is done to the historic McCutchy cabins at the
rear of the property.
6. All material representations made in the application and in the hearing by the Applicant
and the Applicant's representative shall be considered conditions of approval, unless
amended by other conditions.
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. ~~p~ ~~. d ,, ,,
RESOLVED, passed and approved this day of /~`'~~1'/~~/, 2007.
Attest:
Kathryn S. Kogy , ity Clerk
'~<~?~
Michael C. Ireland
Approved as to form:
/F it
,/e o cester, City Attorney