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Town Council Resolution 53 2010SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 53 SERIES OF 2010 A RESOLUTION CONCERNING ISSUANCE OF AN ANNUAL TEMPORARY USE PERMIT FOR TASTER'S PIZZA CART LOCATED ADJACENT TO THE ELK CAMP GONDOLAAT BASE VILLAGE. WHEREAS, Tasters Restaurant, Inc. ("Applicant"), is requesting approval of an Annual Temporary Use Permit that would allow a Retail Merchandising Unit (RMU)/food cart to be located adjacent to the base terminal of the Elk Camp Gondola in Base Village; and WHEREAS, Section 16A-5-260 of the Snowmass Village Municipal Code ("Municipal Code") provides a mechanism for the Town to consider activities of a temporary or short- term nature that provide or facilitate an overall benefit to the community or further an official policy or objective of the Town; and WHEREAS, Section 16A -5-260(b) of the Municipal Code establishes a Review Procedure for Annual or Administrative Temporary Use Permits; and WHEREAS, Section 16A -5-260(c) Application Contents of the Municipal Code sets forth the minimum contents for temporary use applications; and WHEREAS, Section 16A -5-260(d) of the Municipal Code establishes the Review Standards for temporary use permits; and WHEREAS, the Applicant submitted an application for a Temporary Use Permit within Base Village on November 15, 2010 to the Town of Snowmass Village Planning Department; and WHEREAS, a public meeting was held by the Planning Commission on December 1, 2010 to receive public comment and to approve Resolution No. 9, Series of 2010 containing their recommendations to Town Council; and WHEREAS, the Town Council discussed the application on December 20, 2010; and WHEREAS, a public hearing was conducted by the Town Council on December 20, 2010 to receive public comment and to consider a Resolution regarding the Annual Temporary Use Permit application. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings. The Town Council finds that: The application has been submitted in accordance with requirements of Section 16A-5-260, Temporary uses of the Municipal Code. 2. The proposal does not conflict with the Purposes of temporary uses within the Town. TC Reso 10-53 Page 2 3. The proposed temporary use application does meet the provisions of the Review Procedure set forth in Section 16a -5-260(b) of the Municipal Code. 4. The proposed temporary use does comply with the Review Standards established in Section 16A -5-260(d) of the Municipal Code. Section Two: Action. In accordance with the findings stated in Section One of this Resolution, the To Council approves with conditions the Annual Temporary Use Permit to allow a Retail Merchandising Unit (RMU)/food cart to be located adjacent to the base terminal of the Elk Camp Gondola in Base Village, as further described within the application dated November 15, 2010, and Exhibit "B" attached hereto and incorporated herein by reference, subject to the Conditions outlined below in Section Three of this Resolution. Section Three: Conditions. The following Conditions shall apply to the issuance of this Annual Temporary Use Permit: 1. The location shall be as shown on Exhibit "A" attached hereto and incorporated herein by reference. 2. No improvements, to include electrical wiring, shall be placed within the fire lane and final review and approval shall be given by the Snowmass-Wildcat Fire Protection District prior to commencing operations. 3. The ATUP permit shall be granted for the 2010/2011 ski season only. No administrative renewal of this permit shall be allowed. 4. Should complaints be received that are not reasonably addressed by the Applicant, the Planning Director may require that modifications be made to this permit or recommend to the Town Council that the permit be rescinded. 5. No additional signage permitted, with the exception of the signage shown in the application, without approval by the Planning Director pursuant to the Base Village Comprehensive Sign Plan. 6. Deliveries and set-up shall be scheduled to minimize impacts during morning ingress to and evening egress from the gondola. Overnight removal and storage of the cart and equipment shall be as stated within the application. 7. All Pitkin County Environmental Health Department requirements be satisfied prior to and during operation. 8. Adequate trash receptacles shall be provided and emptied daily or when full to an approved location. It is the Applicant's responsibility to keep the surrounding area clear of debris or spillage resulting from this operation. Section Four: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid TC Res. 10-53 Page 3 provision or application, and, to this end, the provisions of this Resolution are severable. INTRODUCED, READ, AND Adopted by the Town Council of the Town of Snowmass Village, Colorado on this 20th day December, 2010, upon a motion made by Mayor Boineau and the second by Council Member Kucker, upon a vote of 4 in favor and 0 opposed. Council Member Wilkinson recused. TOWN OF SNOWMASS VILLAGE V( --� VI(.,e- �"� Bill Boineau, Mayor ATTEST: Rhonda Coxon, Town Clerk APPROVED AS TO FORM: C� JohnL6. Dresser, Jr., Town 40