HomeMy WebLinkAboutordinance.council.038-92
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ORDINANCE NO. ~
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE
PERMIT FOR ASPEN THEATRE IN THE PARK FOR LIVE PERFORMANCES AND THE
CONSTRUCTION AND MAINTENANCE OF A SUMMER THEATRE TENT ON THE RIO
GRANDE PROPERTY, CITY AND TOWNSITE OF ASPEN.
WHEREAS, pursuant to section 24-7-1203 of the Municipal Code the
applicant, Aspen Theatre in the Park (Aspen Company) has submitted
an application for a Temporary Use Permit to set up a summer tent
on the Rio Grande property for live performances; and
WHEREAS, the applicant requests to use the Rio Grande Property from
May 26, 1992 to September 20, 1992; and
WHEREAS, the staff has reviewed the temporary use application qnd
recommends to the City Council approval of the temporary use from
May 26, 1992 to September 20, 1992 with conditions; and
WHEREAS, City Council finds that the proposed temporary use and
temporary structure are not inconsistent with the character and
existing land uses of the surrounding parcels and neighborhood and
that granting the temporary use permit will not adversely impqct
the neighborhood; and
WHEREAS, City Council finds that granting the temporary uses permit
will further the public interest and welfare by promoting valuable
summertime community cultural and entertainment activities that are
consistent with the uses permitted in the underlying zone district.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
section 1
That it does hereby approve the temporary use of the Rio Grande
property by the Aspen Theatre in the Park for live performances and
the construction and temporary maintenance of a theatre tent from
May 26, 1992 to September 20, 1992 with the following conditions:
1. The duration of this temporary use shall be from May 26, 1992
to September 20, 1992, with four performances a week.
2. Hours of performances will be approximately 8-10 pm, with
performances four nights a week.
3. Rehearsal hours will range from approximately 6-9 pm., six
nights a week, except for the two "tech weeks" (June 22-29 and JUly
28-August 4) when use of the tent may go until midnight.
4. The size of the tent shall not exceed 60' x 80' and 26' in
height.
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5. The Aspen Theatre shall assume all costs associated with
erecting and taking down the theatre facility.
6. The tent shall be taken down by September 20, 1992 unless
specified in the Rio Grande Master Plan or a final SPA approval of
the Theatre tent.
7. The applicant shall manage and conduct its activities as
allowed under this temporary use permit in such a manner so as to
not create or allow a public nuisance as defined at section 13,89
of the Municipal Code and or section 16-13-304 (1) (a) of the
Colorado Revised Statutes, and applicant shall not create or allow
noise levels in excess of those permitted levels as set forth!at
section 16-4 of the Municipal Code.
8. All representations that are made within the submitted
application and at the public hearing are incorporated herein and
shall be adhered to.
9. Failure to comply with the above conditions of approval or
representations made wi thin the application and at the public
hearing shall be cause for the suspension of the temporary use
permit.
10. Prior to occupancy the Fire Marshall shall inspect the
facility.
11. The City Attorney shall review the Aspen Theatre in the Park
Insurance Policy in order to protect the City.
section 2:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutio~al
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
section 3:
This ordinance 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 conducted and concluded under such
prior ordinances.
section 4:
A public hearing on the Ordinance shall be held on the 26
day of May at 5:00 P.M. in the city Council Chambers, Aspen City
Hall, Aspen Colorado. Public notice of the same shall be published
once in a newspaper of general circulation within the City! of
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INTRODUCED,
the City..Council
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READ AND ORDERED PUBLISHED as provided by law,
of the City of Aspen on the // day of
, 1992. _~ 1 'L-.;:.-;pr-
by
John Bennett, Mayor
ATTEST:
~~deL
Kathryn S. Koch, City Clerk
~INALLY, adopted,
~' 1992.
passed and approved this ~~ day of
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ATTEST: _
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Kathryn S. Koch, City Clerk
John Bennett, Mayor