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Home My WebLink Aboutcoa.lu.pu.Midland Park Place.A14-96VL 603 Midland Park Place 2737-074 -12-�7 1 A14-96 727 a41 L� Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit - MR011 Use Tax County Land Use Application Fees 00113-63800-033 Deposit -63805-034 Flat Fee -6387.0-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 00123-63340-190 Housing _ 00125-63340-205 Environmental Health 00113-63815-036 County Clerk Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other Total 4 V)- p Name: LI)I g 'L_ j tad Date: a Check:�Q Address: job 3kJILIIJ fLJ?J Project: jar4j '1(p la 3fy pn�' -lx�-)t. Case No: w j4 -0" an Phone: )!5- "5 2g No. of Copies _ _I CAST `)AD SUMMARY SHEET - CITY O— ' SPEN DATE RECEIVED: DATE COMPLETE: PARCEL ID # 2/ 13/96 2737-074-12-727 CASE # A 14-96 STAFF: Dave Michaelson PROJECT NAME: Midland Park Insubstantial Amendment to PUD Project Address: 603 Midland Park Place APPLICANT: Louise Brainard Address/Phone: P.O. Box 11354 Aspen, CO 81612 925-5529 REPRESENTATIVE: Same Address/Phone: Same FEES: PLANNING $450 # APPS RECEIVED 1 ENGINEER $0 # PLATS RECEIVED 1 HOUSING $0 ENV HEALTH $0 TYPE OF APPLICATION: TOTAL $450 Staff Approval REFERRALS: ❑ City Attorney ❑ City Engineer ❑ Zoning ❑ Housing ❑ Environmental Health ❑ Parks DATE REFERRED: APPROVAL: ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: ON r Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: Date: 19 - ` L- Date: Book —,Page MEMORANDUM TO: Stan Clauson, Community Development Director FROM: Suzanne Wolff APPROVED RE: Brainard/Midland Park Insubstantial PUD Amendment DATE: March 6, 1996 MAR 14 1996 CITVOFA�PEN SUMMARY: The applicant proposes an Insubstantial Amendment to the Midland Park PUD to enclose the covered storage space in front of her unit and to improve the appearance of the entrance to the unit. APPLICANT: Louise Brainard LOCATION: 603 Midland Park Place, Unit F-3 ZONING: R/MF PUD BACKGROUND: The Midland Park PUD was approved by Pitkin County and was subsequently annexed to the City of Aspen in 1977. STAFF COMMENTS: Insubstantial PUD Amendment: Section 26.84.080 of the Aspen Municipal Code authorizes the Community Development Director to approve an insubstantial amendment to an approved PUD, if the amendment does not: Change the use or character of the development; Response: The space is and will be used for storage for the owner of unit F-3. The space is recessed below the roof, so the visual impact will remain the same. 2. Increase the overall coverage of structures on the land by more than three percent (3%); Response: The site coverage will remain the same; the space is already covered by the roof, and does not extend beyond the existing building footprint. Substantially increase trip generation rates or the demand for public facilities; Response: The amendment will not increase trip generation rates or demand for public facilities. 4. Reduce the approved open space by more than three percent (3%); Response: The approved open space will not be reduced. 5. Reduce the off-street parking and loading space by more than one percent (1%); Response: Off-street parking will not be reduced. 6. Reduce the required pavement widths or rights -of -way for streets and easements; Response: Not applicable. 7. Increase the approved gross leasable floor area of commercial buildings by more than two percent (2%); Response: Not applicable. 8. Increase the approved residential density of the development by more than one percent (1 %); Response: The residential density will not be increased. 9. Create a change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Response: The space is described on the recorded plat as a "general common element" of the project and will remain a general common element. Bill Drueding, City Zoning Officer calculated the increase in floor area to be 232.5 square feet. Since the space is a "general common element", this square footage will be deducted from the allowed floor area remaining for the PUD, and will not affect the floor area of the individual unit. A number of insubstantial amendments were approved by the Planning Director prior to 1988. Staff became concerned with the cumulative impact of these amendments, and in June of 1988 an insubstantial amendment for Unit G-10 was approved by the Planning Director, with a condition that "No future insubstantial amendments to the Midland Park PUD shall be approved by the Planning Office." Staff informed the Homeowners Association that the PUD would need to be amended to address further changes to the PUD. In August of 1988 Doug Graybeal researched the Midland Park project to provide background information in an effort to process an insubstantial amendment. His application was approved by the Planning Director after staff found that there were "no concerns regarding the cumulative impact of past proposals". His research showed that the Midland Park site includes 114,562 square feet. At that time the existing floor area of the units was approximately 32,500 square feet, which is 28% of what was allowed since the maximum floor area ratio is 1:1. No substantial amendments have been approved since that time, therefore, based on the assumption that the floor area is still approximately 32,500 square feet, the proposed enclosure will increase the floor area by less than 1 %. Apparently the information provided during the Graybeal review was sufficient to nullify the condition that the Planning Director would not approve any more insubstantial amendment to the Midland Park PUD; therefore, staff has continued with the processing of this application. The Homeowners' Association does not have any objections to this proposal. Comments are attached. RECOMMENDATION: Staff recommends approval of an insubstantial amendment to the Midland Park PUD. I hereby approve the Brainard Insubstantial Amendment to the Midland Park PUD, subject to the condition noted above. Stan Cl ulon,tmKmunity Development Director Date Exhibits: A. Application B. Letter from the Homeowners' Association C. Floor plan 3 Louise Brainard 603 Midland Park Place Aspen CO 81611 September 15, 1995 Architectural Control Committee of Midland Park Condominium Association C/O Carrie Wells 602 Midland Park Place Aspen CO 81611 Request for enclosure of space at 603 Midland Park This is my formal request for approval of the enclosure of the general common element space in front of my unit #603. The preliminary plans are attached. My proposal is to enclose the space to provide storage space and to improve the appearance of the entrance of the unit. I would simply add a front wall with one window and put a window in the east wall. The exterior material and paint would conform to Association standards. I would propose that the space remain a general common element as all the garages now are. I would be willing to provide an agreement to the Condo Association that I would take responsibility for all maintenance and upkeep of the improvements. All immediate neighbors have been contacted regarding this change and I have received no objections. Per the attached memo, I understand that I need to have the Condo Association's approval before I can go for the building permit. Your consideration of this is greatly appreciated. I would hope to commence construction this fall. Please call me if there are any questions. I would be happy to talk to the Committee or the Board if necessary. My home #925-5529 and at work my #920-4800 X226. Sincerely, Louise Brainard Louise Brainard 603 Midland Park Place Aspen, CO 81611 October 9, 1995 Dear Louise, Regarding your proposed enclosure of the limited common element in front of your unit as submitted to the Midland Park CondominiumAssociationArchitectural Control Committee, the board of directors does not object to your proposal as long as you obtain the reqired building and planning perrnits. If an amendment to our project PUD is required to secure your permission, we will have to consult with the entire membership and consider all possible modifications to our plan before you can proceed. Please feel free to consult with us if there is anything else we can do for you in this process. Sincerely, Griff Smith Midland Park CondominiumA ssociation I L)Nt- F: Z '.. . b A � OF ge* try' Nevj w,Nt�w r-d 1 1� T - N6w t`,46 ►,KI & VVAU- - ��v,n +�I�-1 waw W.7; 7 KIM G D 1- 1, rleUJ �t,0oh . ��A�t� 1✓ W oGV �ORAt� ( I_ . r uf,Un ew I i UNttWE D N 603 M/PLANO 19AMr� lam. I 'b�- L -47 Nev) NJb+irl,� �,fT,� 6?Xi.f:�riA6 (7-IpIC-A-) Lam- �L✓AT'l�-�''N h4Yr.N ?lt it % No14�77-1 / r]%~ ✓ Move toM6, Pam Cgs- em-o b tiob-OP oow wr{,�•� oAul oN Fes-- r-A `INv,t. 1,106 F I� &03 M10GANJ kA19K R.. ON T F-3 1o/a4-/9!�' FROM : COLE alb ;)HONE r40- : +963 1392 art. 27 1935 09:129411 I -44 ji I - • .. it • . INSUBSTANTIAL AMENDMENT T6 "PiaVtD PUD OR SPA PLAN Application Package Contents Attached is a Development Application packaLgp, J�gr,.submission of your application. Included in this package are the following attachments: 1. Appl,ication Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application.rec�uires•that public notice be given by reviewing Attachideni�•5•: ' Tae 1 of that attachment will tell you whether or not'yo4tr--- 1p11* ion requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre -application conference with a Planning_ A:ffice staffperson so ,that the requirements for submitting a croidplete application can -be fully described to you. Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to our type of development, it canmot -possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover 41 s� . • AT1ACHMENr 1 j •,• y, LAND USE APPLICATION FORM 1) Project Name M , A i & Ad 2) Project Location f42 8.3 r .o Z i ro l (indicate street address, lot & block comber, legal description where appropri.:::e) i I yh �-- T-i 3) Present Zoning PjY 4) lot Size 5) Applicant's Name, Address & Phone # Ln C.u/ ns�_E:;� qz 6) Representative's Name, Address & Phone # 'S�j e- 7) Type of Application (please check all that apply): Conditional Use Special Review 8040 Online Stream Margin Mountain View Plane Cbndom i n i r an i nation Conceptual. SPA Final SPA Conceptual PUD Final PUD Subdivision Z`ext/Map Amendment Conceptual Historic Dev. Final historic Dev. Minor Historic Dev. Historic Demolition Historic Designation CMQS Allotment Lot Spidt/Lot Lirn - /?45�3TAr,1T/ML_ CM:26 motion Adj ustm ent -1 POP 8) Description of Exi sti *n Uses (ember and type of existing uses; approximate sq. ft. ; number ter of bedrooms; any previous approvals granted to the property) - 9) Description of Development Applicati(:xn �rs"r ff, 10) Have you attached the following? Re_spore'e to Attachment 2, Minimum Submission Omtents Response' to• A'ttadment 3, Specific Sub i ssion its Rest to Attachment 4, Review Stand ds for Your Application ATTACHMENT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. �v 1. The 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. �r2. The street address and legal description ;of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel onwhich the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. �4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. "v 5. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards relevant to the Development Application. attach2.applications ATTACHMENT 3 Specific Submission Contents: Insubstantial Amendment or Exemption Approval By Planning Director The request for Planning Director approval of an Insubstantial Amendment or Exemption shall contain the following items: \ "41. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. v2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment or exemption. -43. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. \ y 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red -lined" onto a copy of the original document. at3.insubstantial ATTACHMENT 4 Review Standards: Development Application for Insubstantial Amendment to Approved PUD or SPA Plan 1. An insubstantial amendment to an approved Final Development Plan may be authorized by the Planning Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. The following shall not be considered an insubstantial amendment: a. A change in the use or character of the development. X b. An increase by greater than three (3%) percent in the overall coverage of structures on the land. C. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. d. A reduction by greater than three (3%) percent of the approved open space. A reduction by greater than one (1%) percent of the off-street parking and loading space. A reduction in required pavement widths or rights -of -way for streets and easements. An increase of greater than two (2%) percent in the approved gross leasable floor area of commercial buildings. An increase by greater than one (1%) percent in the approved residential density of the proposed develompent. i. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. The Planning Director's evaluation shall compare the proposed amendment to the original approval and if any other amendments have been approved since the original approval, shall consider the cumulative impacts of all approvals granted. 2. All other modifications shall be approved pursuant to the terms and procedures of the Final Develop- ment Plan, provided that the proposed change is consistent with or an enhancement of the approved Final Development Plan. If the proposed change is not consistent with the approved Final Development Plan, the amendment shall be subject to both Conceptual and Final Development Plan review and approval. 3. During the review of the proposed amendment, the Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building permits or are proposed to be amended any new community policies or regulations which have been implemented since the original approval, or taking into consideration changing community circumstances as they affect the project's original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. 4. In the absence of an approved Final Development Plan, an accurate improvements survey of existing conditions may be substituted to,pe'r6it evaluation of whether the proposed activity; is an insubstan- tial or other change to the site. at4.amend.pud 2 Attachment 6 General Summary of Consent Agenda/Staff Approval Application Process 1. Application Types: The following are the Development Applications which are processed as staff level approvals: * Exempt Historic Development * Exempt ESA Development * GMQS Exemption for remodeling or reconstruction, minor development to a historic landmark, development of a single family or duplex dwelling or minor expansion of a commercial or office use. * Minor Amendments to approved Conditional Use, Special Review, SPA, PUD, Subdivision or GMQS. 2. Development Review Procedure Summary: The zero step staff approval application process is shown in the attached figures and can be described as follows. Stage One: Attend pre -application conference. The purpose of this one-on-one meeting with staff is to determine whether your development proposal can be processed at the staff level and if so, to identify the materials staff will need to review your application. Stage Two: Submit development application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required at this time. Stage Four: Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. Within five working days, a memo will be written by the staff member for signature by the Planning Director. ,The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. tr y� Recorded 11:30 AM Aunust 29 1978 Reception ! Loretta Banner Recorder 206860 ' mrK353 rmE544 CONDOM7,U4IUM DECLAPh:'ION FOR THE M117LAND PARK SUBDIVISION made thin y� `+ ` � TflIS DECLARATION is —"- day t'1LOMDOtorganized 1978 by the. HOUSING AUTHORITY OF PITKIN COUNTY, pursuant to the provisions of C.R.S. 1973 Section ?9-4-�01 at sea• DEFINITIONS I. DEFTNS_ 1.1 De_ Clara_ nt• "Declarant" means the Housing Aolthor!.ty of Pitkin County, Colorado. 1.2 Real Pro art "Real Property" means the real property locat in itkin County, Colorado, described in Exhibit A attached hereto, together with all rights and interests appurtenant thereto. 1.1 Building. "Building" means any `,wilding constructed on the Rer.lProperty. PPr_Project. "Project" means the Real Property, the 1.4 Buildings and ail other improvements on the Real Property. 1.5 Condominium Ma "Condominium Map" means thebe Condominium Map or M and Park Subdivision filed or to de tiled in the records in the office of the Clerk and Recorder of Pitkin County, Colorado. 1.6 Condominium Unit. "ConmoiCiium familyt' means structuren Individual A r pace un t of any all or (consiating of an enclosed coon or rooms occupying part of u floor or floors in afmully oti-famduplexily istructurn, a dwelling unit of any together with the undivided Sntereacest lastset Coforth hereElements appurtenau: to that Individual Sp Mapfznd isThe ideCond iedmium thereoitwith8aonumber. Thewn zn the n boundaries of each Individual Space are shown on the Condominium Mao by lines along the walls, floors and ceilings which mark 'the per boundaries of the InC.vidua1 Space. The exact surfaces boundaries of an Individual Spac.Iafwhichor emark etr iherperimeter of such walls, floors and oors boundarieatheand, interiorfeurfacesund nofswindowswalls, andfdoors intheir ceilings', Common Ele.nants, as hereinafter defined, closed position. Any whicf, may be within an Individual Space shall not be par of the Individual .+pace as owned by the Owner of the Unit yCommon of hereinafter defined, wwhich the Individual hich may consist ,fanenElement, enclosed as even if numberedalikeeanrIndividualmSpaceoonothelCondominium Map. 1.7 Common Elements- -Cortions hereofewhichmcenstitutens all f the Project, ex—t ��1e p° Condominium Units, and also means all parts within auilnings or any facilities and fixtures beich may necessary or convenient don,inium Unit which are or may occupancy, operation, main - to ,he support, exis'enr-e, use, ,ena.,c>, �:epair, or satet- of the Buildings or any part rr thOnit. therein. Without er��f or cr.yother eneralitynofmtheuf regoing; the following shall limiting the gand constitute Comon the RealElementsPropezty; the easements which are p orts of the Buildings; (c) columns, girders, beams and supp *-Shall include Li•ited Common E1ement3 for all purposes herein except with resp>ct to the right of exclusive use. :1?a� w. r_....._..w .�'W�.T-_� __...�r..,Ti�. �'63rS.�ilir: �:.�..-..-r-iZ✓ ri..1CS'-re�f'.a the exterior walls of the Buildings, the ma:.t or beating walla within the Buildings, the main or bearing subfloo.cin•1 and the roofs of the Buildings; (d) all entrances, exits, stairs, walks, landings and fire escapee not within ndthe Individual Space; (e) all utility, stc•rage, anc aratus, rooms or space and all crawl space; (f) all fixtIIBestelep::one, installations and facilities for power, light, g television, hot water, :old water, heating, refrigeration, air conditioning, incineration, or similar utility or nainter,ance purpos.ervice s, provided they do not exist solely y be for or. to serve a Condominium Un1t in hechotorathey mafans, located, including furnaces, tanks, pumps mes, conduits compressors, vents, ducts, flueeSinstallations and and other similar fixtures, apparatus, facilities. 1.8 Limited Common Elements. "Limited Common Elements" F7 means those parts o t e Genera common Elements w:tich are T Either limited to and reserved for the exclusive use of an � ( owner of a Condominium Unit or are limited to and reservee for the common use of more than one but fewer than all of 8 the condominium unit owners. (. j•* 19 Owner. "Owner" means the person fee persons of entity ` or entities, including Declarant, who own fee simple title i a Condominium Unit most nearly equivalent to fee simple title. The term Owner shall not include the owner or owners of any lesser estate or interest. 1.10 Guest. "Guest" means any customer, agent, employee, tenant, guest or invitee or an owner, and any person or entity, not an Owner, who has acquired any title or interest in a {t Condominium Unit by, thrugh orunder an owner, agentinciud a F lessee, licensee or mortgagee, y erson or entity. employee, tenant, guest or invitee of such a p `7 1.11 Mortcac�ee. "Mortgagee" means any person or persons a mortgage or entity or entities who is a mortgagee under or a beneficiary under a deed of trust or similar security instrument encumbering a Condominium Unit. 1.12 Association. "Association" means the Midland Park Homeuwners Association, a Colorado nonprofit corporation, its successors and assigns. t 1.13 Points. 'Points" are numerical figures assigned to each In ivi ual Space to fix the proportionate interest of the the Owner of that IndivWduaofsthat Ownernce in minnthe eAssociation proportionate voting power and the proportionate share of the total assessments levied by the Association to be borne by that Owner. The number of assigned to each Individual Space is set forth on Foints i Exhibit B attached hereto. "Total Points" means the total l inividul space Pnumbr of r j°ct as set tforth ioneExhibit d for lB attachedain the hereto. 1.14 Exhibits. The Exhibits to this Declaration are Exhibit A, containing a description of the Real Property, and Exhibit B, listing the Condominium Units and identifying the Points assigned to each. e II. DECLARATION AND EFFECT TI{EREOF tits } 2.1 Dee Declaration. Declarant for itself, declarescthat rthe :F and assigns, as owner of the Project, Y I -2- ,::.F:353 •..c[ 506 Project shall at all times be owned and held in condominium ownership under the Condominium ownership Act of tl:e State of Colorado and shall at all times be owned, held, used, and occupied subject to the provisions of the Declaration. 2.2 Division into Condominium Unitn. The Project is hereby divided into Con ominium L'nit,, eac consisting of a separate fee simple estate in a particular Individual Space and an appur- C.enunt undivided fee simple interest in the Common Elements. 2.3 Undivided Internsts in Common Elements. The un- divided interest in Common E ements appurtenant to a particular Individual. Space is a fraction, the numerator of which is the number of Points assigned to that Individual Space as set forth in Exhibit B attached hereto and the denominator of which is the Total Points in the Project as set forth in Exhibit B attached hereto. Ech Owner, shall own his appur- tenant undivided interest in Common Elements as a tenant in common with all other Owners. 2.4 Limited Common Elements. A portion of the general elements rese common elervc3 the exclusive use of individual owners of the respective units. The limited common elements as reserved are shown on the Condominium Map. 1.1 Descri t.ton of a Condominium Unit. Any instru.nent affecting a Con ominium Unit may 1egA y describe it by the Condominium Unit number shown on Exhibit B attached hereto and shown on the Condominium Map. A legal description of a Condominium Unit in the Project may he in the following form: Condominium Unit , Midl+.hd Park Subdivision, Pitkin County, Colo!rauo Ary conveyance or other instrwnent affecting title to a Condominium Unit or any part thereuf describing the Condominium Unit in substantially the foregoing form or otherwise describing the Condominium Unit shall be deemed to iurtenantnundividedt the entire Condominium Unit including the app interest in Common Elements and all of the rights, easements, mrrances, convenants, conditions obligations, limitations, encu and restrictions benefiting or burdening the Condominium Unit under the terms of this Declaration. Any reference to a Condominium Init in the Midland Park Subdivision in any description shall mean a Condominium Unit in the Midland Park Subdivision according to the Condominium Map and this Declaration, all as filed and recorded in the office of the Clerk and Recorder of Pitkin County, Colorado. 2.6 Duration of Condominium Ownership. The condominl•+m ownersh:-,•o t e Project created un er t is declaration shall continue until this Declaration is terminated or revoked as hereinafter provided. 2.7 Inse arabili__ty of Condominium Unit. The incomes; of an Owner in an n ivi ua.. Space an t e ppurtenant undivided interst in Coon hich nit shallebe inseparablelfor nthe ts �period oftcondominium itute a downersl.i.p hereinabove described. 2.8 Partition of Common Elements not Permitted. The Common Elrments s:aiibe owne in common all owners of Condominium Units, and no Owner may bring any action for partition thereof. 2,9 Ad Valorem Taxation. All taxes, assessments and other •:harges o t e tate of Colorado or of any political subdivision cr of any special improvement district or of any other taxing or assessing authrrity shall be assessed against anO collected on each Con,;ominium Unit separately :�09353 Pg;507 and not on the Buildings or Project as a whole and each Conieon andddistinctUnit parcel. For thebe rpurposethe tax books as a separate of valuation for assessment, the valuation of the Common Elements shall be apportioned among the Condominium Units in proportion to the fractional undivided interests in Common Elements appurtenant to and part of the Condominium Units. The Association shall deliver to the County Assessor of Pitkin County, Cola written notice as requirel by the Condominium Ownership Act of Colorado, setting forth descriptions of the Cnndominium Units and shall furnish all necessary information with respect to such apportionment of valuation of Common Elements for assessment. The lien for taxes assessed to any Condominium Unit shall be confined to that Condominium Unit. No forfeiture or sale of any Condominium Unit for delinquent taxes, assessments or other governmental charges shall divest or in any way affect the title to any other Condominium Unit. 2.10 Mechanics Liens. No labor performed or materials furnished for ususe in connection with any Condominium Unit with the consent or at the request of the Owner thereof or his agent, contractor or subcontractor shall create any right to file a statement of mechanic's lien against the Condominiuun Unit of any other Owner not expressly consenting to or requesting the same or against any interest in the Cormnon Elements except the undivided interest therein appurtenant to the Condominium Unit of the owner for whom such labor shall have been performed and such materials shall have been performed and such materials shall have been furnished. Each Owner shall indemnify and hold harmless each of, the other owners from and against liability or loss arising from the claim of any lien against the Condominium Unit, or any part thereof, or any other Owner for labor performed or for materrst Unit. At thenwrittenls furishod nrequestwork nofhany iowner,nthe sAssociationCondominium shall enforce such indemnity by collecting from the owner of the Condominium Unit on which the lrhor was performed and materials furnished the amount necessary to discharge any such lien, including all costs incidential thereto, including attorney a fees. If not promptly paid, the Assoication may collect the same in the manner provided herein for collection of assessments. III, VARIOUS RIGHTS AND EASEMENTS 3.1 Owner's Rights in general Common Elements, Subject to the other provisions off[ re a,ecTaratio1/r, and each Owner's Guests, shall Dave a nonexclusive sight to use and enjoy the Common Elements, provided there is no hindrance or encroachment upon the rights of use and enjoyment of other owners. 3.2 Owner's Rights in Individual S ace. Subjr.ct to the other provisions of ibis Dec aration, each Owner shall have lull and complete dominion and ownership of the individal the by suchuOwner aand wsuch Owner hich is rand fsuch owner's nGa stsium ied shall have the exclusive right to use and enjoy the same. Each Owner shall have the right to paint, repaint, tile, wax, paper and otherwise refinish and decorate the. interior surfaces of the walls, ceilings, floors and doo{s which are the boundaries of his Individual Space and the walls, ceilings, floors and dcors within the boundaries Of his Individual Slare. - 4 - .i ?::,A59 �::509 as are provided for herein, even though no specific reference to such easements appears in any such conveyance. IV. CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 4.1 Association As Attorne -in-fact For. Owners. The Association is ere y irzevoca y eppoint.e3y Declarant, as Owner of all Condominium Units, as attorney -in -fact for Declarant and its successors and assigns as Owners of Condo- minium Units and each of them to manage, control and deal with the interest of such Owner in Common Clements so as to permit the Association to fulfill all of its duties and ubligations hereunder and to exercise all of its rights hereunder; to deal with the Project upon its destruction or obsolescence as hereinafter provided; and to deal with and handle insurance and insurance proceeds and :ondemnation and condemnation awards in accordance with the provisions of this Declaration. The acceptance by any person or entity of any interest in any Condominium Unit shall constitute an appointment by that person or entity of the Association as attorney -in -tact as above provided. 4.2 Common Elements and Utilities. The Association shall he o gat ae to an s a provide for the care, operation, manayemci:•_, maintenance, improvement, repair and replacement of the Common Elements and for utility service to the Common Elements and to Condominit-a Units. Without limitinq the generality of the foregoing, said obligations shall include keeping the Common Elements in good, clean, attractive and sanitary condition, order and repair; removing snow and any other materials from the Common Elements to permit access to the Project and the Individual Space of any Condominium Unit; keeping the Project safe, attractive and desirable; making necessary or desirable alterations, additions, betterments or improvements to or on the General Common Elements; and paying utility charges except separately metered utilities which shall be paid by the Owner or user of the space served thereby. No prior approval of Owners shall be required for such work but prior approval of the Association, acting through its officers or Board of Directors, shall be required for all such work. 4.3 Accountin Billin and Record Heepin2. The Association shall natntaen sue ec ror s, cep sue accoun s and do such billing and collecting as is needed in connection with its activities and under this Declaration. Thn costs and expenses of such record keeping, accounting, billing and collecting shall not be separately charged to particular Owners or Guests but shall be part of the costs and expenses to be covered by regular assessments. 4.4 Labor and Services. The Association may obtain and pay for the services o1 any person or entity to manage its affairs, oany part thereof, to the extent it deems advisable, r as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Project, waether such personnel are furnished or employed directly by the Azisociat.ion or by any person or entity with whom or which it contracts. Tte Association may obtain and pay for leg41 and accounting services necessary or desirable in connection with the operation of the t•oject or the enforcement of this Declaration. The Association m. arrange with others to furnish lighting, heating, water, trash collection, sewer service and other common services to each Individual Space. - 6 - . . ..' r- 7r. IV .�.r ....-. ...��...-...w w. J.S �i �.--..-..w.�.w..u...�...Jwj.•.r`n^.��4.�l i.aan+r�R+��1 ;i�K353 r,r514 r 6.9 LiabiILtY of +nor Purchasers and e6-T Encumbrances. The amount o ar.issesament, c ar. '�,'Tlno or p with rospect to any owner or Condominium Unit shall be a joist and several obligation to the Association of such Owner aand nd ssuchass anerAsl,artysecquiringlfeepsimpleatitle,toua[Condominium Uncssors it 9 le shall be jointly and severally linbl.t with the former Owner for all such amounts which had accrued and were payable at the time of the acquisition of fee, simple title to the Condominium Unit by ouch party without prejudice ftomsuch the formetaOright to recover any of said amount ? i Each such amount, together with interest thereon, may be recovered by suss for rawai�engja�yment tion lienbsecuriy the Aadthe asame. without foreclosing deed Notwithstanding the foregc'ng, the holder of a mortgate, of trust or other lien on a Condominium Unit shell not be liab.s for any such Assessment, charye, fine finespenalty or penaltiea the lien be for any such Assessments, charges, Unit ltakentinogood raithiand foror nvan. lueeand perfectedobynium recording i•. the office ofrior loIr of anty the timelaand noticeoofcfnllure Pitkin County, Colorado, p to pay any such amount is recorded in sold offico, describing the Condominium Unit. 6.4 Este-nel Certificate. Upon payment of a reasonable fee as determtue3- rom time to time by the Association and upon written request of any owner or any person with any right, title or interest in a Condominium Unit or intending to acquire any right, title or interest in .1 Condominium Unit, "a Association shall furnish a written ntatemont of account setting forth the amount of any assessments, charges, fines or penities, if anydue or accrued and then unpaid with respect to a Condominium Unit and the amount of the a Assessment for the current fiscal period of the ai:ichostatement ion payable with � spect to tl•e Condominium Unit, shall, with respect to the party to whom it is in-ued, be concl'V� W. rgainst the Association and all parties, for H11 purposta, tl.it no greater ur other amounts were then due or accrued and unpaid. VII. USE AJ4D OTHER RESTRICTIONS 7.1 Restrictions on Use. Each Individual Space sh.,11 be used for residentiT (%urpoaus only and none shall be used or any commercial or business purpose. No la.1ds or structures within the MJdland Park Project shall over baubdivisionied oorused in any manner which is contrary to any zoning, nor rto ruleorregulation promulgatedbythe dgre a onoyAssociationapursuanty hereto. 7.2 Common Elements Restrictions. All use and occupant; of Common emen[s s a e s, ect to and governed by rules and requlations of the Association. of the Nonowner, shall obstruct, damage or commit waste to any No Owner shall change, alter or repair or store anything in or on any of the Common Elements without the prior writte.i consent of the Association. 7.3 No 'Tperilinc of Insurance. No owner shall do anything OF -cause anyt tag tit in or on the Project which might result in an increase in the insurance premiums of insurance obtained for the Project or which might cau--e cancellation of such insurance without the prinr written consent of the Association. evoK353 naW 7.4 No Violation of Law. No Owner shall do anything or keep anything in or on t e rolect which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 7.5 No Noxious Offensive I;nzardous or Ann ing Activities. No noxious or o enelve act vity s a e carr ed on upon auy part of the Project nor shall anything be done or placed on or in any part of the Project which is or may become a nuimance or cause embarrassement, disturbance or annoyance to others. No activity shall be conducted on any part of the Project and no improvements shall be made or constructed on any part of the Project which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the Project which is unreasonably loud of annoying. No odor shall be omitted on any part cf the Project which is noxious or offensive to others. No lisht mall be emitted from any part of the Project which is unreasonably bright or causes unreasonable glare. 7.6 No Unsightliness. No unsightliness shall be permitted on or in any pArt of the Project. Without limiting the generality of the foregoing nothing shall be kept or stored on or in any of the Common Elements, nothing shall be hung or placed upon any of the Common Elements, and nothing shall be placed on cr in windows or doors of Individual Spaces which would or might create an unsightly appearance. 7.7 Restriction on Signs. Vo signs or advertising devices of a,ty nature a e-1Tiie er- ecte� or maintained on any part of the Project without the prior written coneent of the Association, provided, however, that the Association shall not unreasonably withhold consent to the signs of'the Declarant during the period of sale of (: ndominium Units in the Project. 7.8 Antennas. No radio, television or other type of antenna sh=a , without the written consent of'the Association, be installed or maintained on the Buildings. 7.9 Restrictions on Dogs. No dogs shall be maintained, kept or harrbo� rye wit —Fin any Individual Space, on or in any of the Common Elements or within any area of the Midland Park Project, it being understood that compliance with this restriction is a condition of subdivision approval And this restriction may not be removed, varied, amended; al -.!red or abridged (the amendment provisions of Article X not•.•ithstanding) without the prior approval of the Board of County Commissioners of Pitkin County, Colorado. . 7.10 Maintenance of Individual S ace and Common Elements. Each Individual pace and a improvements, ix ures an furniture and equipmer.t therein and any Common Elements appurtenant to a Condominium Unit shall be kept and maintained by the Owner of the Condominium Unit in a clean, safe, attractive and sightly condition and in good repair. No structural alter- ations within any Individual Space or with respect to any Common Elements shall be made and no electrical, plumbing or similar work within any Individual Space (except minor repair work localized within the Individual Space not affecting these overall utility systems) shall he done without the prior written conuent of the Association. 7.11 No Exre1sive Use of Utilities. No Owner or other occupant shall make excrsai,!e use of or waste utilities, including gas, electricity a•.d water, which art paid for out of the general budget and c.)vered by regular assessments. - 12 I tL _T6 "Am ITT mw�k zc 't7"-t:c:7' .1 MT:l'W "M-7 V rx 4M M v7p R511AX R A%r. iP r A QW0 R4, T.: a 00 Lxwr F-15 501'�."' , - M lot WE n L*xm Yr-� 4N r-a V 5w MA "'AN O.V-60. "us 'ng 0,10-116" 4 iz 0 _77 R� M, M, I A -W "U oil. G, C 6L uwr P-5 Aw it 1 ENK i6LC'_O'N#y V-14- r4' 4"� 6rv�Fo VW; Z" 41 Mou 7-? _7 �jrxt-4"SMl W -It w - r. p wv�_' Int. 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