Loading...
HomeMy WebLinkAboutcoa.lu.gm.725 E Durant.0013.2007;..; _, e Fj1e ~dt Recod lyavlga[e fgm Repd'g Fa91at jtb Ffelp ~~ .. y g. MaislCuslom Fields 'feeg Aclbns Pmcek ,.Roytit9Status'. Fee SummmY Ro~dngHistmy ; AttxlmeMS: ci .._. ___~___ g Perrot Type faslu ..., .~. ASpen Lard Use ~_ ~~ ~... ~~ Petmdq ~00132W7 AEW ~..._ ..._._..... : ti ~- Address {~ 5 EDIalANT AVE ®® ..~._.. ..w.w ........... RpVSuRa X224 o. ~ GIY ~ASFEN Slate lCO ZP.~81611 ~. Peimd Inloims!ion ~ = t Mas1e<Peimk~~ _. Routing Queoa ~asl~,A1° Applred 0.3)0312P07 ' II- P z 'f Pmied ^ Starm ;prndng Appoved '". ~ Descstion (MINOR GROWTH MANAGEME NT ALLOTMENT Issued; ~ ~ ~ '! i Foal i _-- _ _ SuMrdted ;ALAN RICHMAN 9201125 v Cbck {flooring Days ! 0 Evpees ~03102j2~6 Ownm Last Name HALL FESt Name ;JENNIFER 725E DUF1ANi AVE UNIT 27A ..._._ --- ASPEN 0091611 Phoru ;(97[Ij AOA-1091 (J Dwwnzr is AplAcaM? '. App4cant _._ _.. .. _. Last Nmrc ~FIALL :~ t Fist Name iJENNIFEP. ;?25 E DURANi AVE UNIT 224 ___..____..._.. ;v ASPEN 0081611 Fhorie (97D! d08~1091 _._. Cost tt 26859 I i _. lender Lasl Name ~ ~ Fnst Name, Pharie ; Wu W i tt! I .. _.. _.. .__ _. the mailer oermtl member. ...... AsomrGoldlbl ~........ Record 1 aI 1.. }' EXHIBIT C 26.470.140 Amendment of a Growth Management Development Order. A. Insubstantial Amendment. An insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director i£ 1. The change conforms to all other provisions of the Land Use Code and does not exceed approved variations to the Residential Design Standards, require an amendment to the Commercial Design Review approval, or such variations or amendments have been approved. 2. The change does not alter the number, size, type or deed restriction of the proposed affordable housing units or those changes have been accepted by the Aspen/Pitkin County Housing Authority. 3. The change is limited to technical or engineering considerations discovered prior to or during actual development that could not reasonably be anticipated during the review process, or any other minor change that the Community Development Director finds has no substantial effect on the conditions and representations made during the original project review. B. Substantial Amendment All other amendments to an approved growth management development order shall be reviewed pursuant to the terms and procedures of this Chapter. Allotments granted shall remain valid and applied to the amended application, provided the amendment application is submitted prior to the expiration of vested rights. Amendment applications requiring additional allotments, or allotments for different uses, shall obtain those allotments pursuant to the procedures of this Chapter. RELEASE OF DEED RESTRICTfON WHEREAS, a Deed Restriction for Residential Growth ManapementAllocation (hereinafter, the "Hyman Deed Restriction") was approved pursuant to City ot` Aspen Ordinance 5, Series 1993 (hereinafter, the °Agreement°) and recorded at Reception No. 388638 on December 28, 1995 in the office of the Clerk and Recorder for Pitkin County, Colorado (the "Records"); WHEREAS, the Agreement -required the Hyman Deed Restriction in exchange for Granting a Residental Growth Management Allocation for One Free Market UnR and GMOS Exemption for One Deed Restricted Unit Located at 111 W. Hyman Avenue (Lot G and Y: of Lot F, Block 81, Townslte of Aspen, Colorado; WHEREAS, the Aspen Planning and Zoning Commission approved Resolution No. 8, Series of 2007, Approving a Growth Management Review for the Development of Affordable Housing, a Growth Management Review for aChange-in-Use to Residential, a Special Review for Parking and a Conditional Use to Allow for an Affordable Housing Unit to be Located in the Lodge Distdd for Property Located at 725 E. Durant, Condominium Unit 22-A, Chateau Du Mont Apartments (hereinafter, the "Approval"); WHEREAS, the Aspen Planning and Zoning Commission approved Resolution No. 7, Series of 2007, a Substantial Amendment to the Growth Management Approvals for 111 West Hyman Avenue, aka. "The Snare Growth Management Application,' located at 111 West Hyman Avenue, City.of Aspen (the "Resolution"), which Resolution allows for the Hyman Deed Restriction to be fully released and the employee housing unft located at 111 West Hyman (the "Hyman Unit") to be legally, physically'and for all other purposes integrated Into the free-market residence to which the Hyman Unit is attached (the "Property"); provided, however, that the Hyman Unit must be altered to prohibit separate occupancy by removing the kitchen, and the Hyman Deed Restriction must be replaced by recording a deed restriction on Unit 22A, Chateau Du Mont; WHEREAS, concurrent with execution and recording hereof and the release of the Hyman Deed Restriction, a Category 3 deed restriction concerning Chateau Du Mont Unit 22A was executed and recorded in the Records at Reception No. ~ 3 ~ r~ 3 g (the "Chateau Deed Restriction"). NOW, THEREFORE, in consideration of the Approval, the Resolution and the recording of the Chateau Deed Restriction, this document unconditionally and forever releases, cancels and otherwise nullifies the Hyman Deed Restriction and any obligations, restrictions or requirements, if any, imposed on the Property by the Hyman Deed Restriction andlor the Agreement. Further, upon the recording of the Chateau Deed Restriction, any obligations, requirements or restrictions set forth in the Agreement that may burden the Property shall be deemed fully satisfied for all time. ASPE IT I COU HOUSING AUTHORITY RECEPTION#: 538842, 06H2/2007 at gy 02:32:51 PM, he z , Char rson 1 of t, R E5.00 Doc Code RELEASE Janice K. Vos Caudill, Pitkin County, CO STATE OF COLORA ). ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this day of June 2007, by Sheri Sanzone, as Chairperson of the Aspen/Pitkin County Housing Authorfly B ar . n n ss m hand and official seal. CINDY CHRISiENSEN Notary Public State of Colorado ~ ;18,;OOt1 ~"' MASTER DEED RESTRICTIONAGREEMENT FOR THE OCCUPANCYAND RESALE OF CHATEAU DU MONT UNIT 22-A THIS MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF CHATEAU DU MONT UNIT 22-A (the "Agreement") is made and entered into this ~ day of Tune 2007, by Jennifer Hall (hereinafter referred to as "Declarant"), for the benefit of the parties and enfomeable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter refemed tows "APCHA"), a duly constituted multi- jurisdictional Housing Authority established pursuant to the THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County"), dated October 28, 2002 and recorded at Reception No. 477066 on Ianuary 8, 2003, of the records of the Pitkin County Clerk and Recorder s Office. WITNESSETH: WHEREAS, Declazant owns the real property described in Exhibit "A" attached hereto and incorporated herein. For purposes of this Agreement, [he real property and all dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, as a condition of the approval for the development of the Property granted by the City of Aspen Planning and Zoning Commission in Resolution No.7 (Series of 2007) ("Approval Resolufion'), the Declazant is requtred to enter into this Agreement; and WHEREAS, as a condition of the application which the Approval Resolution approved, Dcelarant is permitted to record this Agreement and subsequently make aone-fime sale to a party who is not a Qualified Buyer as defined in this Agreement; and WHEREAS, except as allowed by the Approval Resolution and as provided herein, Declarant agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers," as that term is defined in this Agreement, who fall within the Category 3 income range established and adopted by the APCHA from time to time in its Employee Housing Guidelines. In addition, the Dulazant agrees that this Agreement shall constitute a resale agreement setting forth the maximum resale price for which the Property may be sold ("Maximum Resale Price") and the [erau and provisions controlling the resale of the Property. Finally, by this Agreement, Dcelazant restricts the Property against use and occupancy inconsistent with this Agreement. WHEREAS, "Qualified Buyers" are natural persons meeting the income, residency and all other qualifications set forth in the Aspen/Pitkin County Housing Authority Employee Housing Guidelines (hereinafter the "Employee Housing Guidelines"), or its substitute, as adopted by the APCHA, or its successor, and in effect at rite time of the closing of the sale to the Qualified Buyer, and who must represent and agree ptusttant to this Agreement m occupy the Property as their sole place of residence, no[ to engage in any business activity on the Property, other than that permitted in that zone district or by applicable ordinance, not to sell or otherwise transfer the Property for rue in a trade or business; and to coninue meeting the employment, residency and other requiremenu as stated in this Agreement. WHEREAS, an "Owner" is a person or persons who is/aze a Qualified Buyer who acquires an ownership interest in the Property or Unit in compliance with the terms and provisions of this Agreement, or any other person or legal entity owning an interest in the Property or Unit; it being understood [hat such person, persons or enflty sha0 be deemed an "Owner" hereunder only during the period of his, her, thetr or its ownership interest in the Property and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. WHEREAS, this document supersedes any previous deed restriction agreement far occupancy and resale associated with this trait. RECEPTION#: 538838, 06H2/2007 at azzalzl.a« 02:18:14 PM, 1 OF ta, R 571.00 Doc Code DEED RESTRICT Janice K. Vos Caudill, Pitkin County, CO ,~. ~.. ~..e ., , NOTICE OF APPROVAL For An Insubstantial Amendment to Growth Management Development Order for 111 West Hyman Avenue, an Amendment to Resolution No. 7, Series of 2007 Parcel ID No.2735-124-69-018 APPLICANT: REPRESENTATIVE: SUBJECT OF AMENDMENT: Jennifer Hall Alan Richman Condominium Unit 22a, Chateau Dumont Apartments, 725 E. Durant Avenue, Resolution No. 7, Series of 2007 SUMMARY: Jennifer Hall has requested an Insubstantial Amendment of a Growth Management Development Order for 111 West Hyman Avenue, an Amendment to resolution No. 7, Series of 2007. The application proposed to eliminate the rental affordable housing unit from the property at 111 West Hyman in exchange for deed restricting to Category 3 affordable classification Unit #22A of Chateau Dumont. The applicant/owner has requested permission to be allowed to select the initial buyer-for Unit #22A instead of an open lottery process through Aspen Pitkin County Housing Authority. APCHA approval was granted on June 6, 2007 to allow the applicant to proceed with amending Resolution No. 7 to allow for the owner to select the initial buyer. to nesoiunon i~o. i. genes or wv i Section 2: #Unit 22 Chateau Dumont Commensurate with rescinding the deed restriction for the employee unit located at III West Hyman Avenue, Chateau Dumont Unit 22A shall be deed restricted as a Category 3 affordable housing ownership unit. Transfer of ownership of Chateau Dumont #22A shall be according to the Lottery process of the Aspen Pitkin County Housing Authority. The maximum initial sales price for the Category 3 unit shall be no higher than 100,000. ,~ New Lan ua a in resolution No. 7, Series of 2007 Section 2: #Unit 22 Chateau Dumont Commensurate with rescinding the deed restriction for the employee unit located at III West Hyman Avenue, Chateau Dumont Unit 22A shall be deed restricted as a Category 3 affordable housing ownership unit. The initial transfer of ownership of Chateau Dumont #22A to a buyer selected by the applicant/owner, Jennifer Hall, shall be according to the requirements of the Aspen Pitkin County Housing Authority. The maximum initial sales price for the Category 3 unit shall be no higher than $100,000. STAFF EVALUATION: In order to amend specific language of the resolution that approved the Growth Management allotment originally, an Insubstantial Amendment of a Growth Management Development Order must be approved. Staff supports the proposed amendment because it is minor in nature, has been approved by APCHA and meets the criteria for an insubstantial amendment pursuant to section 26.470.140 of the City of Aspen Land Use Code. DECISION: The Community Development Director finds the Insubstantial Amendment of a Growth Management Development Order to be consistent with the review criteria (Exhibit C) and with approval from APCHA and thereby, APPROVES the amendment as specified below. APPROVED BY: Chris Bendon Community Development Director Attachments: Exhibit A -Resolution No. 7, Series of 2007 Exhibit B -APCHA minutes Exhibit C -Review Criteria Date ,+¢~ l~cclu~ra~t© i~ox 3613 ~4.yBuc, eoloaado X1612 ~~C~uu,~uy Sezuice~ ~- . P~/~~ (s~o~s2o-112s ~~~~.~ February 27, 2007 i Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: HALLAPPLICATIONFORRESIDENTIALGROWTHMANAGEMENTALLOTMENT Dear Chris, This letter is an application to obtain one (1) residential growth management allotment for the property described as Condominium Unit 22A, Chateau Dumont Apartments. The street address of the property is 725 East Durant Avenue. The property is currently zoned Lodge (L). The application is being submitted by Ms. Jennifer Hall, who is the owner of the property (hereinafter, "the applicant"). Proof that the applicant is the owner of the subject property is provided in the warranty deed, attached hereto as Exhibit #1. The applicant is being represented by Alan Richman Planning Services for purposes of this application. A letter from the applicant confirming this arrangement is attached as Exhibit #2. A pre-application conference was held with staff to discuss the applicant's proposal. According to the pre-application summary form staff has prepared, the applicant is required to address the following sections of the Land Use Code: Annual Development Allotments (Sec. 26.470.030.D); Free Market Residential Within a Mixed Use Project (Sec. 26.470.040.C.6); Affordable Housing Growth Management Review (Sec. 26.470.040.C.7);and Off-Street Parking (Sec. 26.515) The following sections of this application address the applicable review standards for these review procedures. First, however, a brief description of the subject property is provided, including background information explaining the history of this unit. Q o Mr. Chris Bendon February 27, 2007 Page Two Property Background and Proposal Ms. Hall purchased Chateau Dumont Condominium Unit 22A from Corduroy Cruisers, LLC on December 8, 2005. Unit 22A is a one bedroom unit that is approximately 600 sq. ft. in size which is located on the ground floor of the building. A drawing showing the existing configuration of this unit is included in this application. Shortly after she purchased the property, Ms. Hall submitted a building permit application to the City for an interior remodel of the unit to make it more livable as her residence. Ms. Hall had met with a member of the Building Department and with the City's Zoning Enforcement Officer prior to submitting the permit application and had been informed that there were no substantive issues associated with the proposed remodel. A drawing showing how the unit is proposed to be remodeled is also included in this application. During the review of the building permit application, the staff began to raise some questions regarding the legal status of Unit 22A which might prevent the permit from being issued. In response to these questions, Ms. Hall provided the City with extensive information regarding the history of the original approvals granted to this property, (including a 1968 District Court case that required the City to issue a building permit for the project) and the documents which substantiate these approvals. Information was also provided demonstrating that many of the units in the Chateau Dumont have been and continue to be occupied as residences, and that all of the units, including Unit #22A, have been assessed and paid property taxes for more than 30 years. Nevertheless, on March 31, 2006, you issued a letterformally denying the building permit, stating that you were unable to conclude that Unit 22A is a legally created unit for the following reasons: 1. You found that the original application for a building permit for the project stated that the building was to contain 24 units. Today, the building contains 26 units (numbered 1 through 24, 22A, and 22B), the latter two of which you believe were not shown on the plat as separately approved units. 2. You concluded that because Unit 22A had been physically connected to Unit 22, it could not be considered a separate unit. Instead, you postulated that it was previously a laundry room or a manager's unit. 3. You stated that the City considers all of the units in the building to be lodge/short term accommodation units, not residential units. You found that the original approvals granted for the units were for this use, and that no change of use has ever been granted to allow any of the units to be occupied as residences. Mr. Chris Bendon February 27, 2007 Page Three Ms. Hall had originally considered appealing this decision to the Board of Adjustment. Ultimately, however, she decided not to pursue this course of action. Instead, following additional discussions with staff, she has decided to work with the City to make this a legal free market unit, by submitting this application. This application seeks to clear up the status of this unit. Free market multi-familyhousing is an allowed use in the Lodge (L) zone district. However, because the City believes a portion of the unit was originally developed as a lodge unit and the remainder was developed as common space (as a laundry room), it requires a growth management allotment to qualify as a residential unit. The sections which follow below provide responses to the applicable provisions of the Land Use Code. It is also important to note that the applicant has previously submitted two companion applications to the City to convert this unit to a deed restricted unit. Because those two applications were submitted in early January, the applicant had hoped they would have been acted upon by the Planning and Zoning Commission prior to the March 1 GMQS deadline. However, the P&Z's heavy workload has prevented this from occurring. Therefore, the applicant hereby states that if the P&Z should approve the original applications, this GMQS allotment application will be withdrawn and the applicant will complete the process of deed restricting this unit as an affordable housing unit. Free Market Residential Units Within a Mixed Use Project Section 26.470.040 C.6 of the Land Use Code authorizes the addition of free market residential units within a mixed use project. Following are the applicant's responses to the standards for review of this type of development. a. Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030 D., Annual Development Allotments. Response: It is the applicant's understanding that sufficient allotments have been made available on March 1st to allow for the creation of one (1) free market residential unit. b. The proposed development is consistent with the Aspen Area Community Plan. A fundamental theme of the AACP is to "Promote a healthy and diverse economic base that supports both the local economy and the tourist industry". Approval of this application will allow the applicant to complete an interior remodel of the unit so it can be brought into compliance with health and safety codes and so the unit can be used as a free market residence. Given its location, near the center of Aspen, within the primary lodging district, it would be appropriate for the City to allow the efficient use of this existing space, which will support the tourist economy without creating negative impacts. Mr. Chris Bendon February 27, 2007 Page Four c. Affordable housing equal to thirty (30) percent of the additional free-market floor area is provided in a manner acceptable to the Aspen/Pitkin County Housing Authority. Affordable housing shall be approved pursuant to Section 26.470.040. C.7., Affordable Housing, and be restricted to Category 4 rates as defined in the Aspen/Pitkin County Housing AuthorifyGuidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. Response: The applicant agrees to provide affordable housing that represents a minimum of 30% of the project's total floor area. However, because of the small size of Unit 22A (some of which does not count as "floor area"), 30% of its total floor area equates to less than 200 sq. ft. of mitigation, which is far less than the minimum legal size for an affordable housing unit. Moreover, it would be virtually impossible for the applicant to create a new unit, given her circumstances and the situation which exists at 725 E. Durant Avenue. Therefore, the applicant requests the ability to provide the required affordable housing via acash-in-lieu payment. It is the applicant's understanding that the cash-in-lieu provisions are intended for cases where the required housing mitigation is a fraction of a unit, making it the proper method for this project. Payment will be made at the Category 4 rate, in accordance with the applicable provisions of the Aspen/Pitkin County Housing Authority Guidelines, as amended. d. The project represents minimal additional demand on public infrastructure or such demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Response: Unit 22A has existed for more than 30 years and has been occupied as resident housing during at least some of that time. Therefore, this proposal will not create any of the above-listed impacts. Affordable Housing Growth Management Review Section 26.470.040 C.7 of the Land Use Code authorizes the development of deed restricted affordable housing. As noted above, in this case, the affordable housing proposed is a cash-in-lieu payment. Following are the applicant's responses to the standards for review of this type of proposal. a. Sufficient growth management allotments are available to accommodate the new units, pursuant to Section 26.470.030 C., Development Ceiling Levels. Response: The City has not yet reached the affordable housing ceiling of 2,428 units. In any case, no new units are proposed; instead a cash payment will be made. Mr. Chris Bendon February 27, 2007 Page Five b. The proposed development is consistent with the Aspen Area Community Plan. Response: A fundamental theme of the AACP is to "revitalizethe permanent community" by increasing the amount of resident housing". Approval of this application will result in the applicant making a cash payment to the Housing Authority that will support the affordable housing program. c. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authoritymay choose fo hold a public hearing with the Board of Directors. Response: No new units are proposed; instead a cash payment will be made. d. Affordable housing units required for mitigation purposes shall be in the form of actual units or buy down units. Off-site units shall be provided within the City of Aspen city limits. Units outside of the city limits maybe accepted as mitigation by the City Council, pursuant to Section 26.470.040 D.2. Provision of affordable housing through acash-in-lieu payment shall be at the discretion of the Planning and Zoning Commission upon a formal recommendation from the Aspen/Pitkin County Housing Authority. Required affordable housing maybe provided through a mix of these methods. Response: The applicant requests the ability to provide the necessary affordable housing via acash-in-lieu payment. It is the applicant's understanding that the cash-in- lieu provisions are intended for cases where the required housing mitigation is a fraction of a unit, making it the proper method for this project. Moreover, it would not be possible for the applicant to develop an affordable housing unit on this site, and it is beyond the applicant's means to obtain another parcel of land on which a unit could be developed or to "buy-down" an existing unit. e. The units proposed shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin Housing Authority Guidelines. In the alternative, rental units may be provided if a legal instrument, in a form acceptable to the City Attorney, ensures permanent affordability of the units. Response: No new units are proposed; instead a cash payment will be made. ~' Mr. Chris Bendon February 27, 2007 Page Six Off-Street Parking The Chateau Dumont provides 10 on-site parking spaces for the existing units. The spaces are not assigned to individual owners, but instead are available to all owners on a first-come, first-served basis. As a unit owner in the complex, the applicant owns an equal share of this parking (10 spaces for 26 owners = 0.38 spaces per owner). The rules of the Condominium Association limit the use of the on-site parking spaces to unit owners only, not their guests or tenants. Because many of the units are only occupied by owners periodically and not full time, it has been the applicant's experience that these spaces are generally not fully occupied, except for absolute peak times of occupancy in town, such as the 4th of July or New Year's. Since the on-site parking facilities adequately serve the needs of the development and since, from a practical standpoint, the proposal to recognize this unit as a residential unit will not change its historic or actual use as a free market unit, the applicant would ask the Planning Commission to find that the on-site parking is already adequate for this proposal and no additional parking is required. In the alternative, the P&Z may conclude that acash-in-lieu fee should apply to the difference between the parking the applicant owns (0.38 spaces) and the parking the Code requires (1 space). Such a fee would require a payment of $18,600 (0.62 spaces x $30,000 per space), which would be a significant additional burden for the applicant. If the P&Z determines that this fee should apply, then the applicant would ask that P&Z waive the fee, as authorized by Section 26.515.040 A. of the Land Use Code, Special Review Standards for Parking. This waiverwould be appropriate because this proposal complies with the applicable standards of the Code, as follows: 1. The parking needs of the residents, customers, guests and employees of the project have been met, as described above; 2. An on-site parking solution would be practically difficult (it would, in fact, not be possible); and 3. Existing on-site parking facilities adequately serve the needs of the development. Conclusion The above responses provide the information you require to process this application and demonstrate the compliance of this proposal with the standards of the Land Use Code. Please let me know if there is anything else we need to submit as you review this application. Mr. Chris Bendon February 27, 2007 Page Seven Very truly yours, AL RICHMAN PLANNING SERVICES ~~~ Alan Richman, AICP ~i EXHIBITS ;'T`/ OF ASPEN ~ `r~. OF ASPEN O FIRETT PNG EXHIBIT #1 O . L%(~ ~~~ . cU VJRt~' PAID ,.,ATE HEP NO. rZSDYj fLLffP NO. IZ~~(~,N 2~39~ I ~ ~~~ WARRANTY DEED THIS DEED, made December 7, 2005, Between CORDUROY CRUISERS, LLC of the County of Pt TK(tJ State oi~o, GRANTOR, AND JENNIFER HALL, GRANTEE whose legal address is : P.O. BOX 11711, ASPEN, CO, 81611 of the County of PITKIN, State of CO WITNESSETH, That for and in consideretion of the sum of ten dollars and. other good and valuable consideration,,the receipt and sufFlciency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being In the County of PITKIN, State of COLORADO, described as follows: CONDOMINIUM UNIT 22-A, CHATEAU DU MONT APARTMENTS, A CONDOMINIUM, according to the Condominium Map thereof recorded in Plat Book 3 at Page 335 and Amendment thereto as defined and described In Action of the Board of Directors recorded December 2, 2005 as Reception No. 518036 and as defined and described in the Condominium Declaration thereof, recorded December 9, 1966 In Book 238 at Page 1. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heirs and assigns forever. And the Grantor, for Its, its heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, Its heirs and assigns, that at the time of the ensealing and delivery of these presents, its is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, In law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall. and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this dead. SIGNATURES ON PAGE 2 Illllllllllllllllllllllllllllllllllilllllllllllllllllll00P 90V8~0090e2:571 n SIGNATURE PAGE TO WARRANTY DEED PAGE 2 L. .ROY CRUISERS, LLC STATE OF (~Qt~-p~q ss COUNTY OF i'(~ R4.~c-opp 1 The foregoing instrument was acknowledged before me this 07 day of Ra-CZrMt~r , 2005, by CORDUROY CRUISERS, LLC by LANETTE VALERIO, MANAGER WITNESS my hand and official seal my commission expires: 44.18'• ZOOg PCT20164F3 x'14 'yJ i~ ~ Notary Publ MELISSA FlNLEY No[ery Public - Arizona Maricopa County My Commlaslon Expires April 16, 2008 IIIIIIIIIIIIIIIIIiIIIIIII~IIIIIIIIIIIi~llll~lllllllll~lla5%820 s 0z:sz~ EXHIBIT #2 Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 -~, .~ RE:HALL APPLICATION FOR RESIDENTIAL GROWTH MANAGEMENT ALLOTMENT Dear Chris, I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for my property, Condominium Unit 22A, Chateau Dumont Apartments. Mr. Richman is authorized to submit an application to obtain one (1) residential growth management allotment for this condominium unit. He is also authorized to represent me in meetings with City staff and the City's review bodies. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. rely, :- __ 1 = ~___..•~ ~~ifer II P.O. Box 11711 Aspen, Colorado 81612 970-925-3476 EXHIBIT #3 '. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jason Lasser, 429-2763 DATE: 2/22/07 PROJECT: 725 E. Durant, Chateau Dumont Condominium #22-A REPRESENTATIVE: Jennifer Hall, Alan Richman OWNER: Jennifer Hall TYPE OF APPLICATION: Growth Management Allotment DESCRIPTION: Growth Management Allotment for Condominium Unit #22-A, Chateau Dumont Apartments (converted from a lodge unit and part of the laundry/common space to residential) to designate the unit as a free market unit. Applicable Code Sections: 26.304 Common Development Review Procedures 26.470.030 (D) Annual Development Allotments 26.470.040 (C)6 Free-Market Residential Units within aMixed-Use Project 26.470.040(C)(7) Affordable Housing --Growth Management Review 26.515 Off-Street Parking 26.710.190 Lodge (L) Zone District Review by: Staff, Planning and Zoning Commission Public Hearing: Yes at P & Z. Referral Agencies: APCHA, Building, Fire, Water, Electric, Sanitation Plarning Fees: $1410 Deposit for 6 hours of staff time (additional staff time required is billed at $235 per hour) Referral Agency Fees: $204 Total Deposit: $1614 (additional staff hours are billed at $235 per hour) To apply, submit the following information: 1. Total Deposit for review of application. 2. Completed Land Use Application. 3. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 4. Signed fee agreement. 5. Pre-application Conference Summary. 6. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 7. Proof of ownership. 8. Site plan or site improvement survey showing parking configuration. 9. Floor plans of unit to be legalized. l0. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. This should include the proposed code amendment language. 11. 15 Copies of the complete application packet (items 2-10) 12. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferzed. Text format easily convertible to Word is acceptable. Notes: The application shall demonstrate compliance with the parking requirements or include a response to Chapter 26.515 Process: n c i i 1 n S n_ s ,~¢s ~a Y~ ~`~ ~~jajaxxg 4i• ~ 6 Y~ ,yt is ~ i~ ~~ 1 ~~ ~ x ~€ d ~~ g~ s ~ ~ age ~ ~~ Y ~ F X ~ r ~ 3 F ~~ 4~ ~~s i a { ~ Jeml}er Hall Realdence ~yy ~~~ ~}~ 9 ~ )7a~ y '125 E. Durant, Ur11t 27A yt4t4y9y S SS_s ~ ~f, {" 9~ 7g Aspen, GO 81611 ~ 6 f~ - - G •. ~ • ~ 9 Gondomhlum Unlt ~7A Ghatecw Du Mont ~~ 9 Book 238 Page I ~ as Pmnended t e 0 i 3 J J 0 S I II E ~ _ 3 t a n c p rt pU 5 r CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Cityppof Aspen De((velopment)I A``aDlieation Fees CITY OF ASPEN (hereinafter CITY) and S-~2 n r ~ -t-~ r t-t ~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CffY an application for 1 ~.~°~~rli`irf"]r~ / /~"~~~.; ritL~ /~lI v~GGOyYI~yi (hereinafter, TI-IE PROIEC'I). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this flme to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CTT1"s waiver of its right to collect full fees prior to a deter{tt~na~ion of application completeness, APPLICANT shall pay an initial deposit in the amount of $~ h 14 which is for ~' hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional montlily billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds fot suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN sy: Chris Bendon Community Development Director g: \supp ort\fornrs\agrpayas. doC 11/30/04 RETNN FOR PERII~AIdEPCT RECf r20 F, seen ~ O ~~'%~ l ~ Cj7G - Lj~~y-/r~%f EWIANEMT RECORD Billing Address and Telephone Number: Required a