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Home My WebLink AboutLand Use Case.501 Park Cir.0071.2011.ASLU0071.2011.ASLU 2737 07 4 01 003 501 PARK CIR ADMIN DECISION ~ \S 0(0 R THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0071.2011.ASLU PARCEL ID NUMBER 2737 07 4 01 003 PROJECTS ADDRESS 501 PARK CIRCLE PLANNER CHRIS BENDON CASE DESCRIPTION ADMIN DECISION REPRESENTATIVE ALAN RICHMOND DATE OF FINAL ACTION 11.14.11 CLOSED BY ANGELA SCOREY ON: 11.14.11 ~ajvreQ 273-1 - 67 - 4,-of -003 007 ( . 20(l -Ast/Ul Sk' 9 .i t'~'5*#*.Wk*;**476*42**34*uÂ·-#**1~*~,.- I Â£ fj~*v.te'8, . 1~4.~ ~~dÂ¢z3 1S ~c <t'ke;2~4*I|~A Eile Edit *rd Dy@* Fgm Rep@ Form# 2 EÂ® 1 i# 2 IX ' U 4 4~ ti 0 3 23. ] i :i + .: 0 11 & brtp l : .0 ~ 0 I @Il idedl dj â€¢Ii"3940 7.31 ~ RomR*i Feet |Fa'Ema,1 *1â€¢orts Attd,nents Routingt*oly *tion Ard,/Ent QtomFields ~albtemb Ip,c* i /"Mi Aspen L,nd Use ~~011.2011Alu i= - Ackkess 501 PARK CR *l5llt~ -1 Cly ASPEN Stie~ m %1 1 1 lernt InformÂ®on Master pemt -*ele RE-7 APPI~'1 11/14011 Projed| StaM |per. Appr~ed| Desciption OPENED AND CLOSED CASE FOR CHRS BENDON REGARDING, E RESTRICTION Is.d I FOR LOT 4 SINDY PARK NORTH SUBDIISION - NO FEES| P Bed'.1 Shited ALAN@ONOIID dodl ~*~| Dm ~-3| 8,5 |1122012 | 5~ted va ' Owner Latnalle DCCHOLDNGS,LLC Fist n,ne ~A COLORADO, LLC 501 PARK CIR %44 ASPEN CO 81611 534, Phone ~)- Address Applicant 0 Ovineti:*8nt? 0 C*adot is apÂ®ant? 4 last nam ~HMAN l F,st name ALAN | T Phme 370) 920-1125 Cust # 26284 Address ~ Lender * Last nane Frst name F Pho.)- Ahess tr -- ARd*EL=vet] ang@la /////loil- NO -Fees opd 4- 061& Cksâ‚¬- a~(4Nc f'Ihâ€¢ ,â€¢or,01 ~ 21 51 -O -1-9 -O 1 -003 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINATION Lot #+Sunny Park North Subdivision JURISDICTION: City of Aspen EFFECTIVE DATE: November 10,2011 APPROVED BY: -r â€¢ /1,1, I I ./. APPROVED Community Development Director Chris Bendon, AICP t.5 0 201 COMMUNITY DEVELOPMENT DIRECTOR CITY CF ASPFN Purpose: The Community Development Director is issuing this Administrative Determination to correct and allow extinguishment of a burden placed on Lot #4, Sunny Park Subdivision. Background: In 1988, the property was burdened with a deed restriction applicable to one of the two residential units on the property with the belief that it was a requirement of the City' s zoning code. There appears to have been an erroneous understanding of the property's zoning (as R- 15A) by both the landowner and the City as a predicate to the deed restriction. Upon review of the information provided by Alan Richman, attached, there is unambiguous documentation that the property was zoned R-15 at the time (and still today) and that there was never a requirement to deed restrict the property. Determination: In accordance with the procedures, standards and limitations of Title 26, this administrative determination shall allow the landowner to revoke and extinguish the deed restriction affecting Lot #4, Sunny Park North Subdivision, filed with the Pitkin County Recorder at book 725, page 681 as reception no. 361685. RECEPTION#: 584276, 11/11/2011 at 12:24:27 PM, 1 OF 16, R $86.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A<4% 2.40*a* 4&404Â¢609 56Â¥6'864. E# 3613 A4*â‚¬â€¢i, â‚¬*bed) E1612 Pute/791 (970)920-1125 4,244*4*@400'ta. Het October 25,2011 Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: DEED RESTRICTION FOR LOT 4, SUNNY PARK NORTH Dear Chris, I represent DCC Holdings LLC, A Colorado LLC, the owner of Lot 4, Sunny Park North, located at 501 Park Circle in Aspen. The property is improved with an older duplex residence and is currently listed for sale. The owner has engaged me to prepare a development analysis to inform potential purchasers of the options available for re- development of the property. In the course of completing this analysis I learned that one of the two dwelling units on the property (the lower level unit) is deed restricted as a middle income rental affordable housing unit. The original deed restriction for the unit was recorded in 1988 in Book 591 @ Page 108. The deed restriction was re-recorded in 1993 in Book 725 @ Page 681 as Reception No. 361685 and is attached to this letter as Exhibit #1. As I continued my research I tried to determine why the unit was originally deed restricted. I searched the files in the City Clerk's office and the Housing Office. I found the attached June, 1988 letter from John LaSalle, who represented the then-owner of the property, Ms. Shirley Ambridge (see Exhibit #2). The letter states that at that time the property was improved with a two story single-family dwelling which his client wished to convert to an upstairs/downstairs duplex. The letter also states that the zoning of the property was R-15A/PUD. The permitted uses for the R-15A zone district required then (as they do today) that one of the two units in the duplex must be deed restricted as affordable housing. Therefore, the owner voluntarily offered to deed restrict the new unit as affordable housing. Since the property was designated PUD, staff determined that it was necessary to process an insubstantial PUD amendment to accomplish the conversion of the single family unit to a duplex (Note: At the time only single family units were exempt from PUD review. Today both single family and duplex units are exempt from PUD review). Staff presented this request to CityÂ·Council for direction (see Exhibit #3) and then granted the insubstantial amendment (see Exhibit #4) as an administrative approval. 1! Mr. Chris Bendon, Director October 25, 2011 Page Two All of this process made perfectly good sense to me with one exception. The property is currently zoned R-15, not R-15A. Furthermore, a copy of the zoning map I have in my office from 2000 shows the property was zoned R-15 at that time. Therefore, I conducted some additional research in the City's files. The City Clerk and the GIS maintain several historic zoning maps in their records. These maps demonstrate that when the property was originally annexed in 1965 it was zoned RMF. In 1975, when a City-wide rezoning was completed as part of the implementation of the Aspen Land Use Plan, the property was rezoned to R-15. A 1983 zoning map kept in the City's records shows the property was still zoned R-15 at that time and as explained above, the maps from the 2000's show it being zoned R-15. Therefore, all zoning maps that I have reviewed from 1975 to the present show this property's zoning as R-15. I also spoke with Mary Lackner of the GIS Department. She keeps an electronic record of all zoning actions taken by the City. Mary told me that her records do not show any rezoning actions taken by the City since it was designated R-15 on the 1975 zoning map. I conclude, therefore, that the property has been zoned R-15 since 1975. The owner's representative was incorrect in stating that the property was zoned R-15A in 1988. Had the property been correctly represented as being zoned R-15, the applicant would have had the right to make the second unit a free market unit. Moreover, an applicant proposing to develop a duplex under today's Land Use Code would be permitted to have both units be free market units. Based upon these facts and as discussed during the meeting we held on October 24, 2011, I would ask you to issue an administrative determination stating that the deed restriction on the lower unit at Lot 4 Sunny Park North may be extinguished. Both units on the property would therefore be considered to be free market units. Re-development of the property would be subject to today's regulations, which require the provision of accessory dwelling units or the payment of an affordable housing impact fee (among other Code options) as mitigation for the reconstruction of the existing dwelling units. Please let me know if there is anything else I can provide as you issue this determination. Very truly yours, ALAN RICHMAN PLANNING SERVICES Ac 11 Alan Richman, AICP EXHIBIT #1 . , nÂ·.. i ., 2..,~-.114Â¥eb:ffERE'.4:.-1- i'*i.#p#Ovki-. *-94<49,2645.+Et'Z *SHYLIFS&#aa#igi~4*14?13 :.; 4 Â£ '741':.41Â·Wka# /4/2 #361685 10/01/93 14:33 Rec $45.00 BK 725 FG 681 Silvia Davis, P. tkin Cnty Clerk, Doc $.00 VI OCCUPANCY, RESALE AND RENTAL DEEP RESTRICTION, AGREEMENT AND COVENANT ( EMPLOYER OWNED UNIT) THIS OCCUPANCY, RESALE AND RENTAL DE ED RESTRICTION, AGREEMENT , 19-*L, by MAâ„¢, C. bt,11*.1 ANT (the "Agreement") is ma and impoRe@ tia .124- day ("Owner"), for the benefit of and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a Colorado corporation ("Authority") organized pursuant to the Colorado County Housing Authority laws, as set forth in C.R.S. Section 29-4-501, et seq., and/or the Board f of county Commissioners of Pitkin County, Colorado, and/or the City t Council of Aspen, Colorado. 4 ("Real Property") which Real Property contains a one-bedroom, one-bath, upstairs apartment ("Free Market Unit") and a one- 0 ? bedroom, one-bath, downstairs apartment containing 703 square feet which Owner desires to deed restrict as an employee dwelling unit Â· ("Employee Unit"). WITNESSETH: r WHEREAS, Owner owns a 703 square foot Employee Unit located on the real property more specifically described as Lot 4, Sunny Park subdivision, county of Pitkin, State of Colorado. WHEREAS, Owner agrees to restrict the use and occupancy of the Employee Unit to employees and their families who fall within the middle income sale guidelines established and indexed by the Housing Authority from time to time. In addition, the owner agrees that this Agreement shall constitute a resale agreement setting Â¢ forth the Maximum Sale Price, amount of appreciation and all terms and provisions of the resale of the Employee Unit, should Owner desire to condominiumize and sell the Employee Unit at any time after the date of this Agree:cul NOW, THEREFORE, for value received, the receipt and . sufficiency of which is hereby acknowledge, Owner hereby covenants and agrees as follows: 1. The use and occupancy of the Employee Unit, described above, shall henceforth be limited exclusively to housing ~ for individuals who are employed in Pitkin County and who ? meet the definition of "qualified middle income employees" as that term is defined by the Housing Authority Guidelines established and indexed from time to ~ time. 2. This Agreement shall constitute a covenant running with Â·~ the real property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Housing , t. t. Authority, the Board of County Commissioners of the County of Pitkin, and the City of Aspen, their respective successors as applicable, by any appropriate legal , <i.:meâ‚¬, 20/ 30 ' ..'. - ) :..ti .4,..,,J'-22. '.f5,9'*4%4r'BA~.R...... ,1,-â€¢~+44 249 + 1=1;1 1,1 ..1 : '44, '2 2' ik#K I, ' j?:43.. .. 4.-Â·Â·. 5 b .*4. r:41-'*.t'Or-c -,1.,4-.-â€žiu~Â·.4133(~t'Al ':,4'1~3 ' "4'*-', , . y :Â· 1Â·' O #361685 10/01/93 14:33 Rec $45.00 BK 725 PG 682 S]lvia Davis, Pill<in Cnty Clerk, Doc 5.00 e action, including but not limited to, injunction, abatement or eviction of non-complying tenants, for the period of fifty (50) years from the date of recording v hereof in the Pitkin County real property records. 3. In the event that the Owner desires to sell the Employee Unit, Owner shall first obtain approval for condominium- ization of the Employee Unit and then execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the Authority. The Authority shall promptly advertise the Employee Unit for sale by competitive bid to Qualified Purchasers. Owner shall, upon closing, pay a fee to the Authority in an amount equal to two percent (2%) of the purchase price. 4. "Qualified Purchasers" are those meeting the qualifica- tions set forth by the Housing Authority at the time of sale. MAXIMUM RESALE PRICE 5. In no event shall the Employee Unit be sold for an amount in excess of: a. $82,954 plus an increase of six percent (6%) per 4 year from July 27, 1988 (prorated at the rate of .5 1 percent for each whole month for any part of a year); or an amount (based upon the consumer price Index, All Items, U.S. City Average, Urban Wage Earners and Clerical Workers (Revised), published by the U.S. Department of Labor, Bureau of Labor ( Statistics) calculated as follows: the Owners' original purchase price multiplied by the Consumer r Price Index last published prior to the date of Owner's notice of desire to sell divided by the I Consumer Price Index current at the date of this Agreement, WHICHEVER IS LESS, plus the following improvements which shall not exceed twenty percent (20%) of ownerâ€¢a original purchase price; b. The value of Capital Improvements, as defined in the Housing Authority Guidelines in force and effect on July 27, 1988, made to the Employee Unit subject to the following limitations: (1) Total Capital Improvements shall be validated by production of original receipted for costs (actual cost) with no allocation for Owner's "sweat equity'l; no Capital Improvements shall be added to calculation without proof of 1 t 1.=/.sse/9/261,1, 127:9*Â£/6--/4 ~1,22.Etr-*api-, ki;71 '2,-fA'-Dr~ W,32,;:ft, Il-~~=if :nt:!LJ --fti,Eff=2Â·T,-==i-,ELAH M N#*6;im#=;,rk*: - I. -*99-= 'i- i i.-*=Me;+Tâ€¢' P.Â·TEE]Ze 2:. .Â·Plp. r Â·19. 1 .' Â· 6.. - : Â·Â·,5,2/4 1 4t, 11.11 ' ir/*f,"4&'' i,'i'/ h' 'L'Â· &/Â·'' 01 4 R ../ #361685 to/01/93 14:33 Rec $45.00 BM 725 PG 683 Silvia Davis, Fitkin Cnty Clerk, Doc $.00 46 .! receipts, affidavit as to validity of r receipts, and Certificate of Occupancy from the Aspen/Pitkin Building Department; plus 5 (2) Capital Improvements to the Common Elements (if applicable), which are paid for through the condominium association or public body, ' shall be pro-rated taking any amortization or actual Fayment made in consideration; c. Plus the cost of Interior Design Improvements (as defined in the Housing Authority Guidelines in effect at the time Interior Design Improvements i are completed). Interior Design Improvements shall be validated by production of original dated b receipted for costs (actual cost) with no a allocation for owners "sweat equityâ€¢; no Interior a Improvements shall be added to calculation without proof of receipts, and affidavit as to validity of receipts. Such improvements shall not appreciate, but depreciate on a five (5) year schedule at twenty (20) percent per year. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A GUARANTEE BY THE AUTHORITY THAT ON RESALE THE OWNER SHALL OBTAIN THE MAXIMUM RESALE PRICE. RATHER, IT SHALL CONSTITUTE, ONLY, THE MAXIMUM ~ RESALE PRICE FOR WHICH THE EMPLOYEE UNIT MAY BE SOLD BY OWNER, IF r A BUYER IS WILLING TO PAY THAT PRICE. 6. All disputes between Owner and administrative staff shall be heard in accordance with Grievance procedures A ; as outlined in the Housing Authority Guidelines as they are adopted from time to time. 7. Owner shall not permit any prospective purchaser to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price or Maximum Sale Price so as to induce the Owner to sell to such prospective purchaser. 8. In the event a bid is received equal to or in excess of the Maximum Sale Price herein established, the Employee Unit shall be sold to such bidder at the Maximum Sale Price; and in the event owner receives two or more bids equal to Or in excess of the Maximum Sale Price, qualifying bidders shall be selected according to the ;:4< 1 Priority for Sale Units set forth in the Housing i Â· AteÂ· 1 Authority Guideslines. as adopted from time to time, ~ :â‚¬ 1 and, if necessary, a bidder shall be selected by i.:. ~Â· lottery, whereupon the Employee Unit shall be sold to the winner of such lottery at the Maximum Sale Price. 3 1 1 90., ***Riâ„¢%*~**iÂ»: 1. U Â·W-Â·?=Â·.Â·inÂ·Â·Â·ila,H+ZÂ·h-G:*60.4, ..Al _--6.,7,1.,Â·12.4.1.---4â€¢21. -'' ri 1-67- .: . 1-' .i.. , . c Â·.Â· t Â· t. Â·, -*1-Â·.:7,- 74Â· r r: Â·Â· I flo 0%'24Â·,/ . 4*#81% 2 1 #361685 10/01/93 14:33 Rec $45.00 BK 725 PS 684 f ~<4 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 4., . Owner shall have a period of two (2) days in which to :i consider and accept or reject any purchase offer less than the Maximum Resale Price. 9. It is agreed and acknowledged by Owner and the Authority that the Employee Unit may be sold or ; transferred by Owner to a Qualified Purchaser who, for purposes of obtaining financing, may take title to the Employee Unit in co-tenancy, joint tenancy, or other similar co-ownership with one or more persons who are not Qualified Purchasers ( "Non-Qualified Purchasers"). 10. It is agreed and acknowledged that any Non-Qualified 1 Purchaser Or Transferree who takes title to the h Employee Unit will represent, warrant, and covenant unto the Authority that: (a) Non-Qualified Purchaser or Transferree shall not occupy the Employee Unit or acquire sole ownership of the same unless and until qua lified by the " recording of a Resolution of approval by the Housing Authority; (b) Non-Qualified Purchaser or Transferree shall join in any sale or transfer of the Employee Unit and if Â· shall execute any and all documents necessary to f do so; and 11 4 (C) Should a Non-qualified Purchaser or Transferree become the sole owner of the Employee Unlt, the , Employee Unit shall immediately be placed for sale 4 and any bid by a Qualified Purchaser, for not less than ninety-five (95) percent of the Maximum Resale Price, shall be accepted; and (d) The Authority retains the right to exercise the right-of-first refusal over all offers for the i. Employee Unit held by a Non-qualified Purchaser, or in the event that no bids are received, and may purchase the Employee Unit for ninety-five (95) ' percent of the Maximum Resale Price; and ? Ce) In the event that a Non-qualified Purchaser or Transferree places the Employee Unit for Lale and i fails to receive a bid within five (5) percent of ' ~; - =ew the Maximum Resale Price by a Qualified Purchaser ~ within the bid period, and the Authority fails to 14# purchase the Employee Unit, the Non-qualified 9 Purchaser shall immediately rent the Employee Unit to an employee as defined in and subject to the Housing Authority Guidelines. 1 Â·10> 4 1 P - U , Ve %3 5 MU... Â· â€ž-, 34: ....Â·,2. ~rÂ·~~i 2- 4 -2 -1 â€ž ,-*14 h 'Ifill, 11 130- LL~,Il-~l' +- r * 94< I.- 41,/tWiR:/fh,444~*INLN'br**P 4944 6.. a 43 ,04/ *tE<te - 12. Ab{Wâ€¢~2 , ; ./46*U.. â€ž4â€¢N#WanikA:j:024444.42 -6'i,1 ..' , -,17'~ i ' 1 0 - .3 4361685 10/01/93 14:33 Rec *45.00 BK 725 PG 685 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 2 ''f 11. Owner respresents and warrants that: a. The Employee Unit is to be used and occupied by employees and their families who fall >: within the middle income rental guidelines Â·Â·.: established and indexed by the Housing Authority from time to time, i~- 3 b. Use and occupancy of the Employee Unit shall be limited to housing for qualified employees Of Pitkin County whose rental rates are in f R accord.anace with rental guidelines established by the Housing Authority of the City of Aspen and Pitkin County or a ~ successor thereto. c. Owner shall have the right to lease the unit 6 to a qualified employee of her own selection - who has first obtained approval for occupancy k and verification of employment by the Housing : Authority of the City of Aspen and Pitkin : County or a successor thereto. Such individ- ual may be an employee of the Owner, or employed as a resident caretaker, provided n 0 such person fulfilles the requirements Of a qualified employee prior to occupancy. d. "Qualified Employees" are those meeting the qualifications set forth by the Housing Authority at the time of rental. e. Owner shall not occupy the Employee Unit. f. Lease Agreements shall be executed for , occupancy of the Employee Unit which shall provide for a rental term of not less than ii six consecutive months. Owner shall provide the Housing Authority of the City of Aspen i and Pitkin County or a successor thereto with copies of all leases within ten (10) days of , execution. 4 12. Nothing herein shall be construed to require the Authority to indemnify the Owner against any losses IÂ· *i attributable to the rental including (not by way of K. *4!t~ limitation) non-payment of rent or damage to the Â£ premises; nor to require the Authority to obtain a 'T qualified tenant for the Owner in the event none is J, -t'%.I found by the Owner. lia 5 li ..A. 7 1,3-0/- =â‚¬u>/643*'404 1. .-*~ 71. Ji . f<:11,11,1.1 21~-'.'~~.1 -f ~14~i/;4, :7... 1,1 1 11: ,1..F.:p-Â·0-#*.1 "Â· 4~-~~,:, 9 , 6Â·Â·'. 1494. I #361685 l On)1/93 14:33 Rec $45.00 BK 725 PG 686 Â¢-, ...6 Silvia Davis, Pitkln Enty Clerk, Doc $.00 .. BREACHES r..,-,? 13. In the event that the Authority has reasonable cause to believe the Owner is violating the provisions of this Agreement, the Authority by its authorized representa- tive, may inspect the Employee Unit between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, after providing the Owner with no less than 24 hours' prior written notice. 14. The Authority, in the event a violation is discovered, shall send a notice of violation to the owner detailing the nature of the violation and allowing the owner fifteen (15) days to cure. Said notice shall state ,. that the Owner may request a hearing within fifteen (15) days to determine the merit of the allegation. REMEDIES 15. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the :+ parties resort to litigation with respect to any or all 4 provisions of this Agreement, the prevailing party h~ shall be entitled to recover as damages its costs, 4. including reasonable attorneys' fees. 16. In the event the Employee Unit is sold and conveyed h without compliance herewith, such sale shall be wholly : null and void and shall confer no title whatsoever upon 0 the purported purchaser. Each and every conveyance Of the Employee Unit, for all purposes, shall be deemed to t include and incorporate by this reference, the covenants herein contained, even without reference herein to this agreement. 17. In the event that the Owner fails to cure any breach, the Authority may resort to legal action, including, but not limited to, a court ordered sale Of the ~ Employee Unit. The costs of such sale shall be taxed r against the proceeds of the sale with the balance being paid to the Owner. CÂ» 18. Appreciation of the Employee Unit by Owner, Non- , I *d Qualified Purchaser, and/or Transferree shall cease to 7 ( *1 accrue upon breach of any of the terms and conditions \P ki contained herein. t: 6 I 1 . 4 :1 , 21 -- -.2.I*.f,-3~6~'i~********~1*4444*kit.~99Â·44 4-'~.',~.-.f-"-"E-4,~,',"'A:~ ~14Â«934Â·.p :....4 ,ljt~:~I'$(54.i.4~ 14*, 11.1.29:9 4,143~41-Mr-471 11'klpt 1.Â¢95'MT, 7,irfl .i .., 40 .. I. 4 '/ I. ' 4.1 4-' â€¢t#e 16'*.4 .- z Â«*Maiff ( h 4 4361685 1 0/01/93 14:33 Rec $45.00 Bk 725 PO 687 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 GENERAL PROVISIONS i ~I '.~ 19, Any notice which is required to be given hereunder 2.9 4 i shall be given by mailing the same, certified mail, return receipt requested, to any address provided herein or given as the current mailing address of the ~ <4: party. 20. The provisions of this Agreement shall be covenants running with the real property, be binding upon the Owner and the Authority, their successors and assigns and be enforceable by any of them. 21. All notices, consents and approvals required by this agreement shall be in writing and shall be posted in the U.S. Mail, certified, return receipt requested, properly addressed, and with full postage prepaid. 9 Said notices, consents and approvals shall be deemed received on the earlier Of (i) the date actually received, or (ii) two business days after being mailed as aforesaid. Said notices, consents, and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Housing Authority: Aspen/Pitkin Housing Authority 130 S. Galena Street Aspen, Colorado 81611 , To Owner: 22. Â· Attorney's Fees. In the event that either party hereto brings an action or proceeding for a declaration of rights Of the parties under this agreement, for injunctive relief, for an alleged breach or default of, any other action arising out of this agreement or the ' transactions contemplated hereby, or in the event any party is in default of its obligations pursuant hereto whether or not suit is filed or prosecuted for final judgment the non-defaulting party shall be entitled to reasonable attorney's fees, expert witness fees and other costs in addition to any court costs incurred in ~ any actual proceeding brought to enforce its rights and, in addition to any damages or relief awarded. 23. Exhibits. All exhibits attached hereto are incor- ~ porated by reference and made a part hereof. 7 0 5 - -4 ,.EV .â‚¬Mtâ‚¬'922Â· 7 ....2.69 2&'.5 â‚¬+-r -:,:Â£Â£01 /25* . r -\?11Â» . ' â€¢ r' '*/â€¢J r 1 + 11.1 L.,4 2 1.9 1+361685 10/01/93 14:33 Rec $45.00 BK 725 FE 688 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 24. Severability. Whenever possible, each provision of this agreement and any other related document shall be interpreted in such manner as to be valid under applicable law; but, if any provision of any of the foregoing shall be invalid or prohibited under said R I, (, applicable law, such provisions shall be ineffective to the extent of such invalidi ty or prohibition without 9- ~f J,'. i invalidating the remainder provisions of such document. ., k, , ~ 25. Choice of Law. This agreement and each and every :%,% , related document is to be governed and construed in 8 accordance with the laws of the State of Colorado. :%, . 26. Successors. Except as otherwise provided herein, the ,-r provisions and covenants contained herein shall inure .3 to and be binding upon the heirs, successors and Rt assigns of the parties. fpri ER 27. Section Headings. The headings of the sections in this L h. 4 agreement are inserted solely for convenience reference. and are not intended to govern, limit or aid ; in the construction of any term of provision hereof. ~ 3 28. Waiver. No claim of waiver, consent or acquiescence d ' with respect to any provision of this agreement shall be made against any party hereto except on the basis of a written instrurnent executed by the parties to this C. Agreement. However, the party for whose benefit a condition is herein inserted shall have the unilateral u right to waive such condition. K 29. Gender and Number. Whenever the context so requires herein, the neuter gender shall include masculine and feminine and the singular number shall include the & plural. 30. Personal Liability. Contrary to any provisions of 'Â·~ prior agreement or understandings to the contrary, Owner agrees that it shall be personally liable for any + of the transactions contemplated hereby. 31. Further Actions. The parties to this Agreement agree 14 to execute such further documents and take such further actions as may be reasonab)y required to carry out the provisions and intent of this agreement Or any agreement or document relating hereto or entered into in connection herewith. d 61 32. Modifications. The parties to this agreement agree 4 that modifications to this agreement shall be made only t?.Â·: by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. 8 4.4 1 e. 1 .,2. -, . r 6, 4 4 'ti CAL- 2 1 u,. . 1 - ... 1..1 111 i 1, di''lil''la + >.11 ..1 i ,?'# i,i I'lill~I lili i.r: 11&2 49..... 3 -p . -ILI t.frt' 3 40/ -.,914.17*/Alll,t,14 ,Â· 14*4: 2 'Â· * 41Â·841/ ..91$5141.19 #A.. Â· : . ...Â·Â·Â·.Â·-1 114'18 -LIP:147-1, 1114[1~1~1 1rl '11 1 , UyÂ·Â· 'Â¢4 00 ~iÂ· Â·':~4'*42~:47 7'Mt-'~-~5*-bAi~~--7?: l:*.4.~Â·-v*NU16t'NSLE,Â£:~lÂ· 2-"'Â·aÂ·34 . t , - .. 414 :0, 2 #361685 10/01/93 11:33 Rec $45.00 BK 725 PG IJIg N Silvia Davis, Pitk: n City Clerk, Doc $.00 IN WITNESS WHEREOF, the parties hereto have executed this ..1,14 instrument on the day and year above first written. OWNER: U,v C. LUN - Mailing Address: ~ok 4%01& Bree .\CO ?16'k STATE OF CA#.lic ) COUNTY OF pr~ ,j ) Ss. ./-YRÂ»The foregoing instrument was acknowledged before me this .Zf 0,-da).,264 (, rÂ·+06,5,3 , 19.ti, by 1%/bREw â‚¬. 6,4ATOuSTâ€žw- . ess my hand and official seal. 1 ......'.Mheommission expires: 4-5-93 (/3 * i ~.1 6/ Notary Public o ACCEPTANCE BY HOUSING AUTHORITY The foregoing grant and its terms are accepted by the Aspen/ pitkin County Housing Authority. ASPEN/PITKIN'toUNTY HopYR*80'HORITY TitiC; 27/i49*60;f, 1 Mailing Address: STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) I IST- The foregoing instrument was acknowledged be fgKe me this 1-- day of , 19.31, b,y OcleÂ·(Hi 1 719(ov- 1-9, UU,ovÂ¥'â€¢4- O+ art. / F.4-64, 0ow.-tq No~*67 6.lutko-Ut Witness my hand and official seal. â€¢il My commission expires: //- 5---9 t--\.'.,05;?5~/ 4Â¥61404 Vul ./1 ..J L, t-- 4 , Nota'ry Public f; Â«/ U , S j , 1 1 3.V 2. / 9 i %4121,7 1 Â· 6'91:1#trr'.0.,6,.r.4 04Â·:Â·.Â·4-04Â·Â· Â· Â· '~ MCIar--'=21:. UU 1 -2='19: J'Â·P-- w. -4' WAW f EXHIBIT #2 JOHN D. LASALLE ATTORNEY AT LAW COURTHOUSE PLAZA BUILDING 530 EAST MAIN STREET, FIRST PLC)OR AREA CODE 303 AREA CODE 303 ASPEN, COLORADO 81611 FACSIMILE 925-9398 TELEPHONE 9225-6633 June 23, 1988 HAND DELIVERED JUN 2 41988 Cindy Houben Aspen/Pitkin Planning Office 130 S. Galena Aspen, CO 81611 Dear Cindy: As you know from our telephone conversations, I represent Shirley Ambridge, the owner of Lot 4, Sunny Park North Subdivision which is located in the City of Aspen. Ms. Ambridge's property is improved with a two-story wood frame single family dwelling. She desires to convert the house to a duplex by simply removing the stairway between the upstairs and downstairs, filling in the hole left by its removal, replacing the washer/dryer downstairs with kitchen appliances, and moving internal walls in the downstairs portion to convert it from a laundry room, two bedrooms, and bath to a kitchen, living room, single bedroom and bath (a one-bedroom apartment). The upstairs unit would also be a one-bedroom, one-bath apartment. Once the house has thus been converted into a duplex, it is Ms. Ambridge's desire to deed restrict the downstairs to "affordable" housing in accordance with the applicable zoning code requirements. Ms. Ambridge's property is zoned R-15A-PUD. Section 5-203 of the new zoning code sets forth the permitted uses in the R-15A Zone among which is a duplex "...provided fifty-percent of the duplex units are restricted to affordable housing." The surrounding neighborhood is a mix of mulitfamily and commercial uses (the Smuggler Tennis Club bourders the property on the Western side). As stated above, Ms. Ambridge has always intended to utilize the second unit for affordable housing, but the additional designation "PUD" prevents her from doing the simple conversion described above without going through the complex, time consuming, and expensive PUD procedure. The financial burden placed upon the applicant by having to go through that process would be such a strong deterrent it would effectively prohibit her from creating a new affordable (employee) housing unit which certainly cannot be the purpose or intent of the Code provision in question. Consequently this application is made for the C- C (0% C- c Planning Office or City Council to grant some sort of exemption or consent to the use contemplated by Ms. Ambridge without the necessity of going through the PUD process. Ms. Ambridge currently has a building application pending with the building department which sets forth in detail the remodeling plan set forth above. Enclosed is a check for $100.00 to cover the application fee. vfatru 141 yours, 1,. John' D. LaSalle U a:j 14ambrid.let j , t; 41 r C (C '. 1 EXHIBIT #3 MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr. , City Manager FROM: Cindy Houben, Planning Office -~~Â·Â·~. I RE: Ambridge Duplex/Consent Agenda Item DATE: July 11, 1988 - SUMMARY: The Planning Office recommends that the City Council approve this request as a consent Agenda Item thereby permitting the applicant to convert an existing single-family home into a duplex. REQUEST: To convert an existing single-family home into a duplex deed restricting half of the duplex to the employee housing guidelines. APPLICANT: Shirley S. Ambridge. LOCATION: Lot 4, Sunny Park North Subdivision. ZONING: R-15A PUD. DESCRIPTION OF THE PROPOSAL: The requested use is an allowed use in the R-15 A zone district. The reason this application is before you is that the subdivision is zoned PUD. In order to alter a development other than a,single-family house within a PUD zone district an application must be made for an amendment pursuant to Section 7-907. The Code does not clearly address the minor situation presented before us with this application. Therefore, the Planning Office is requesting approval to handle this application as an insubstantial amendment to a PUD which is a staff sign off. Otherwise this minor request must be taken before the Planning Commission as well as the City Council through the PUD process. This is a costly and time consuming process which in this case provides no public benefit. RECOMMENDATION: The Planning Office recommends that the City Council consent to having the Planning Office process the Ambridge Duplex application as an Insubstantial Amendment pursuant to Section 7-907 of the Aspen Municipal Code. ch. ambridge 0 0- C EXHIBIT #4 MEMORANDUM TO: Alan Richman, Planning Director FROM: Cindy Houben,Planning Office RE: Ambridge Duplex/ Insubstantial amendment to a PUD DATE: July 13,1988 Attached is a copy of a letter submitted by John La Salle representing Shirley Ambridge who is requesting to convert an existing single family home to a duplex structure. The City Council reviewed the request as a consent agenda item on July 11,1988. City Council thereby instructed the staff to handle the issue as an insubstantial change to a PUD. The proposal is allowed in the zone district(R-15A) since one of the units Will be deed restricted to within the employee guidelines. The change from a single family structure to a duplex will change the character of the development however we do not feel that this warrants a full PUD review by the City Council and Planning Commission. The application meets all other criteria of section 7-907 since it does not increase the footprint of the existing structure. Therefore I recommend approval Of the Ambridge duplex pursuant to section 7-907 of the code with the following conditions: 1. The applicants shall meet with the housing authority in order to develope an appropriate deed restriction for one of the units. The deed restriction shall be filed with the Housing Authority prior to the issuance of a building permit for the duplex. 2. The applicants shall apply for a building permit and shall meet all area and bulk requirements for the R-15A zone district. If any pre existing non conformities exist on the property these shall not be allowed to be expanded. The above is approved as an insubstantial change to a PUD pursuant to section 7- 907 of the Aspen Munici 1 C.~le. Alan Richman, Planning Director 'Ezil