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Home My WebLink AboutLand Use Case.1445 Sierra Vista Dr.0016.2011.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0016.2011.ASLU PARCEL ID NUMBERS 2735 11 10 80 08 PROJECTS ADDRESS 1445 SIERRA VISTA UNIT 1 PLANNER DREW ALEXANDER CASE DESCRIPTION FENCE HEIGHT VARIENCE REPRESENTATIVE CITY OF ASPEN DATE OF FINAL ACTION 7,25.11 CLOSED BY ANGELA SCOREY ON: 12.28.11 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name, Mailing Address and Telephone Number Jack and Celeste Grynberg, 1445 Sierra Vista Dr., Unit 1, Aspen, CO 81611, (303) 884-5362 Legal Description and Street Address of Subject Property â€¢ Subdivision: Sierra Vista Duplex, Description: Common Area â€¢ 1445 Sierra Vista Dr., Unit 1, Aspen, CO 81611 Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council approval to place a 15 foot tall golf net fence on the southeast corner of the property. The fence will be approximately 50 feet in length and situated in existing vegetation. Installation will be seasonal. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) City Council Height Variance for a fence, issued through Resolution No. 68, Series of 2011 at a public hearing held on September 26th, 2011. Effective Date of Development Order (Same as date of publication of notice of approval.) October 9,2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) October 8,2014 Issued this 27th day of-Sentember, 2011, by the City of Aspen Community Development Director. -C*lf_ Chris Bendon, Community bevelopment Director J. ) 0 'UBLIC NOTICE Of DEVELOPMENT APPROVAL Not. 'ce is hereby given to the general public of the app. '..6 oval of a site specific development plan, and mâ‚¬ .:eat J., creation of a vested property right pursuant to Lanilhe Land Use Code of the City of Aspen and Title '1 " 24, Article 68, Colorado Revised Statutes, 06:. 4,11' partaining to the following legally described i "' . .property: Subdivision: Sierra Vista Duplex: " - Description Common Area, City of Aspen, Pillin County, Colorado, the property commonly known as 1445 Sierra Vista Dr., Aspen, Colorado, 81611, by order of the Aspen City Council on September 26th, 2011. The Parcel Id # for the subject property is 2735-111-08-800. The Applicant received a height variance for a fence. The approval grants the placement of a 15 foot tall seasonal golf net fence to be placed on the southeast corner of the property. The fence will be screened by existing vegetation. For further infor- mation contact Drew Alexander, at the City of Aspen Community Development Dept. 130 S. Ga- lena St, Aspen, Colorado (970) 429-2739. W City of Aspen Published in The Aspen Dmes Week/y on October 9,2011. [7088765] 1 . 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: , 4 45 S â€¢41- Utsle~ , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) Â£ .49-de, <30Â£:NrC. (name, please print) being or repretenting an Applicant to the City o Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: L<Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. ~1-2 5,=-7 Signaturt The foregoing "Affidavit of Notice" was acknowledged before me this / 2- day toc*CN~S , 20_11 by ,,4717+44 S coÂ£.Â© WITNESS MY HAND AND OFFICIAL SEAL il. t ;NO,A M. 1 Â· My/jommissionedpires: 3 /79. /26# INN; NG / 49 . (51Â· COST Notary Public My Commission Expires 03/29/2014 64 94iuk~ ATTACHMENTS: COPY OF THE PUBLICATION RESOLUTION NO. 68, (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A VARIANCE FOR A FIFTEEN FOOT TALL FENCE MADE OF GOLF NETTING FOR THE PROPERTY LOCATED AT 1445 SIERRA VISTA DRIVE CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2735-111-08-800 WHEREAS, the Community Development Department received an application from Jack and Celeste Grynberg, represented by Dana Ganssle of Rowland + Broughton Architecture and Urban Design, requesting approval of a valiance to allow a 15 foot fence made of golf netting; and, WHEREAS, pursuant to Section 26.314, the City Council may approve a Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the requested variance with conditions; and, WHEREAS, during a duly noticed public hearing on September 26, 2010, the City Council approved Resolution No. 68, Series of 2011, by a five to zero (5 -0 ) vote, approving a Variance; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE C]TY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Resolution No 68, Series 2011 Page 1 of 3 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit a 15 foot high fence made of golf netting be constructed on the properly. The fence shall only be erected during the Aspen Municipal Golf course golfing season. Section 2: Fence Location & Material The fence shall be located on the southeast corner of the property, where it can be situated in an existing cluster of trees. The approximate length of the fence will be 50 feet, and be supported by three poles. The poles shall be positioned in the existing canopy when possible to limit the visual impact of the structure. The fence poles shall be painted a dark color to better blend in with the existing vegetation. Section 3: Parks Denartment The Applicant is required to comply with the following: â€¢ All excavation of the holes and other work is required to be accomplished by hand, â€¢ In order to keep screening for both the home owners and golf course it is prohibited to trim any of the branches on the trees adjacent to the fence, â€¢ The net should be loose enough to provide room for tree growth but tight enough to accomplishing the goal o f stopping an errant golf ball, â€¢ The Applicant shall acquire an approved work under the drip line permit (tree removal permit) prior to installation of the fence, â€¢ Any trimming of tree branches must be kept to a minimum and all tree work should be accomplished by a professional tree care company, and â€¢ All work on trees must comply with City Tree Code #13.20. The Parks Department shall verify compliance with this requirement. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereof. Resolution No 68, Series 2011 Page 2 of 3 FINALLY, adopted, passed and approved this 20 day of September, 2011. Michael C. Irelhnd, Mayor F AT~EST: 1 -Lf /O 4 Â£924 Kathryn S.~6, City Clerk APPROVED AS TO FORM: AL-- thu-Â·=21 6ohn P. Worcester, City Attorney Resolution No 68, Series 2011 Page 3 of 3 Regular Meeting Aspen City Council September 26, 2011 spaces. Miller said the city has the right to approve or not the sublease. Courtney Lord, Isis Retail Group, reminded Council when the Isis building was purchased, the goals was to maintain movie theatres in Aspen and to do that, the theatre needed a below market rent and to accomplish that, the west part of the building was turned into retail spaces. An oversight by the city is to require the commercial landlord to use their best efforts to seek "not luxury" tenants. Councilman Skadron said the rent benefit flows to the theatre space. Councilman Johnson said these are in line with market rents today. Councilman Johnson said Free People of PA is a mid- level retailer. Councilman Johnson moved to approve the consent calendar; seconded by Councilman Torre. The consent calendar is: â€¢ Resolution #61, 2011 - Contract to Purchase Hybrid Vehicle - Car Share â€¢ Resolution #62,2011 - ARC Advisory Committee Appointment â€¢ Resolution #63,2011 - Red Brick Boiler Replacement â€¢ Resolution #64, 2011 - Contract - Plow/Sand Truck Replacement â€¢ Resolution #65,2011 - Isis 406 E. Hopkins Sublease - Free People of PA LLC â€¢ Resolution #66,2011 - Extending P&Z and HPC Board Members Terms â€¢ Resolution #67,2011 - Burlingame Phase Il OZ Contract Amendments â€¢ Minutes- September 12,2011 All in favor, motion carried. RESOLUTION #68, SERIES OF 2011 - Height Variance for Fence 1445 Sierra Vista Drew Alexander, community development department, told Council this property is adjacent to the golf course and to errant golf balls. The applicant proposes a 15 foot golf net mesh fence on the southeast corner of the property. This fence will be integrated into existing vegetation. Alexander reminded Council 1495 Sierra Vista previously requested a fence variance. Alexander said he worked with the golf and the parks department on this solution and staff supports the fence with conditions outlined in the resolution. Councilman Frisch asked about the other houses along the stretch and will they require fences. Councilman Frisch asked ifthere have been any neighbor comments. Alexander said he has received no comments. Alexander said each property should be reviewed separately as there are different circumstances for each. Sarah Broughton, representing the applicant, told Council this property was publicly noticed for this hearing with letters and a notice. Councilman Torre said he is concerned about fencing across all these properties. Ms. Broughton noted this is one of two properties on the golf course that is on a dog leg. Ms. Broughton said she worked with the director of golf who recommended this fence. Ms. Broughton said there have been broken windows from gol f balls and this is a safety matter. 4 Regular Meeting Aspen City Council September 26. 2011 Councilman Skadron asked about the visual impact. Ms. Broughton said the house is tucked back and the fence will only be up when the golf course is open. Councilman Skadron asked who will monitor the fence installation and any damage to the flora. Alexander said the parks department will inspect the digging and the mesh itself. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Johnson moved to approve Resolution #68, Series of 2011; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #27, SERIES OF 2011 - Code Amendment Impact Fees Drew Alexander, community development department, said the method for collecting impact fees has been based on bedrooms and the definition of bedrooms lends itself to different interpretations. The amendment calculates the fees on floor area, which is a metric that can be used on every property. State statutes identify bedrooms and reasonable means of calculating impact fees. Alexander entered into the record a letter from the city's consultant on impact fee calculations and an e-mail from the school district supporting this code amendment. Alexander reminded Council the goal is to keep the revenue the same as existing levels and the changes since first reading are to have 3 tiers of fees to take into account the generation rates in existence for different size houses. This will be revenue neutral. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt Ordinance #27, Series of 2011, on second reading as amended; seconded by Councilman Torre. Roll call vote; Councilmembers Johnson, yes; Torre, yes; Skadron, yes; Frisch, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #28, SERIES OF 2011 - Lift One Lodge Final PUD Councilman Johnson said he lives within 300 feet of the project and is recusing himself. Mayor Ireland announced there are five public hearings scheduled for Lift One lodge, through November. Chris Bendon, community development department, said the purpose of this public hearing is to become familiar with the project. This project was originally submitted in 2006. The project is located on the east side of South Aspen street. This site does not include lift l A. The proposal is for 22 lodge units, fractional ownership. The units are flexible so that rooms can be locked off, totally 84 keys. There are 5 free market resident units; there is affordable housing for 5 employees, there is a restaurant, aprds ski deck. The project includes rehabilitation of the Skiers Chalet lodge as a ski museum to be owned and operated by the Aspen Historical Society. The Skier's Chalet Steakhouse will be used as affordable housing. Bendon reminded Council conceptual approval was granted in 2009; it has gone through HPC and is in front of Council for final PUD. 5 .Aâ‚¬M/' AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: \445 Stue-2-A \Ab-77\ lbAvE , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 804 Y VH 9 4.3 63 5-: 06Qm ,141_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, 14,64Â« sc or- c-)1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 61 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof ; - materials, which was not less than twenty-two (22) inches wide and twenty-six r HI (26) inches high, and which was composed of letters not less than one inch in i ' height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subj ect to the development application. The names and addresses o f property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy of the 0-wners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area ofthe proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 14. S co--,__-g Signature I~ egoing "Affidavit ofNotice" was acknowledged before me this D. day of.1- sfY , 2011, by A-Yqi -â‚¬.la S c OJC--g WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 20/1 Nohty Public RY P~A U 0.... ..0 1 & ki â€¢Â·00 N 8 f JACKIE i & 1 LOâ„¢IAN j g a. \ '05 ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL p'he for * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE Q AS REQUIRED BY C.R.S. Â§24-65.5-103.3 Pl,!BUCNQTICE RE: 1445 St=-RA VISTA DRIVE; HEIGHT VARIANCE FOR .44 NET FENCE. NOTICE IS HEREBV GIVEN that a public hearing wjll be held on Monday, September 26th, 2011 at a I meeting to begin aÂ¢ 5.00 p.m. before the Aspen I City Council, Council Chambers. City Hall, 130 S. Galena St., Aspen, to consider an application requesting a height variance for the property I located at 1445 Sierra Vista Dr., Aspen, CO 81611. The request of variance is for a 15 foot tall golf net to protect the property from errant golf balls, The application was submitted by Dana Ganssle of 1 Rowland + Broughton Architecture and Urban I Design, 117 S. Monarch St., Aspen, CO, 81611, on I behalf of Jack and Celeste Grynberg. The subject i properly under review is legally described as Subdivision: Sierra Vista Duplex, Description: 1 Common Area. The parcel number for the subject property is 2735-111-08-8000. For further information, contact Drew Alexander at the City of Aspen Community Development De- partment 130 S. Galena St., Aspen CO 81611, (970) 429-2739, drew.alexander@GL#oen.co.us 1(MighaRLQ.JrglargLMâ€¢Yer Aspen City Council Published in the Aspen Times Weekly on Sunday September 4,2011. [6957103] ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OFPROPERTY: iÂ« Sera. 6022 1 3/,4/4 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 92031 v, Derfember 26 , 20/_l_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, han L 6ar} gis k (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City ofAspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. / Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the R day of j~iptim bic , 20(1 1 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o-wners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 054% 1- Signature The foregoing "Affidavit ofNotice" was acknowledged before me this,:26 day of 5 gÂ»,n 6-Y- , 20*L, by 13 0 0 M ,Â£.Mrâ€¢A 6 Ar! 3 S Le- . WITNESS MY HAND AND OFFICIAL SEAL NELSON SUAREZ My commission expires: 1 -29 -2-0 Â¢, NOTARY PUBLIC STATE OF COLORADO /Â«SZZ==~ MY COMMISSION EXPIRES 01-27-2014-o-taic ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Easy PeelÂ® Labels i Â£ 22(.3~3 Bend along line to i thi yafERYÂ® 5909Â® 1 Use AviryÂ® Template 5160Â® ; Feed Paper 90==02 expose Pop-up Edgeâ„¢ 1 ' ASPEN GOLF PRO SHOP CITY OF ASPEN 1430 SIERRA VISTA LLC C/O SSI VENTURE LLC ATTN FINANCE DEPT 1435 SIERRAVISTA 299 MILWAUKEE ST #502 130 S GALENA ST ASPEN, CO 81611 DENVER, CO 80206-5045 ASPEN, CO 81611 CRS ALPINE LLC CONNER CLAUDE M & IRENE A TRUST COPITO ROBERT C/O MICHAEL O HARTZ KATTEN MUCHIN PO BOX 345 500 HAVEN LN ROSENMAN ASPEN, CO 81612 GREAT FALLS, VA 22066 525 W MONROE ST CHICAGO, IL 60661 DICKER INTERNATIONAL PTY LTD DUBLIN LEONARD & ADELE HAMSHER JOHN HERBERT 5 HIGHGATE HILL 1450 SIERRA VISTA DR 1475 SIERRA VISTA DR TOORAK MELBOURNE ASPEN, CO 81611 ASPEN, CO 81611 AUSTRALIA 3142, HIGHLANDS PARTNERSHIP LLP JSO PARTNERS LLC KRIEBEL KATHLEEN 401 IVANHOE ST 1470 SIERRA VISTA DR PO BOX 910 DENV@R, CO 80220 ASPEN, CO 816111045 ASPEN, CO 81612 MAROLT FAMILY TRUST 50% MCLELLAN DAVID R & KATHERINE V MUY BONITA LLC PO BOX 1013 1417 SIERFU\ VISTA DR 600 E HOPKINS AVE #205 ASPEN, CO 81612 ASPEN, CO 81611-1044 ASPEN, CO 81611 ODONNELL JOHN & ADRIENNE PHILLIPS DAVID & ALEXANDRA RED MTN GRILL 4083 CUERVO AVE PO BOX 11449 1000 TRUSCOTT PL SANTA BARBARA, CA 93110 ASPEN, CO 81612 ASPEN, CO 81611 REDNOR JORDAN H SARICK JORDAN L & SHEREEN C SCHNEIDER ELIZABETH P 405 EAST 56TH ST #A 1472 SIERRA VISTA DR 6 LODGE RD NEW YORK, NY 10022 ASPEN, CO 81611-1045 GREAT NECK, NY 11021 SCHWARTZ RICHARD C SPASCO LTD STOLLER JONATHAN W REV TRUST 1435 SIERRA VISTA DR 109 N POST OAK LN #550 1475 SIERRA VISTA DR ASPEN, CO 81611 HOUSTON, TX 77024 ASPEN, CO 81611 URIS JILL P VANDERLIP HENRIK N WALBERT DAVID & ELLEN 1415 SIERRA VISTA DR 27 BALDWIN FARMS S 1425 SIERRA VISTA DR ASPEN, CO 81611 GREENWICH, CT 068313308 ASPEN, CO 81611 WEST ASPEN LOT 40 1480 SILVER KING ASPEN, CO 81611 I. 4 Etiquenes facHes & pek; 1 -2. Reptiez & ta hachure afin de 1 www.avefcom I 25*. Am 1 Itilke, 6 rimhArit 0%~NIPVÂ® EllfAR@ i Â·.4,361#zâ€¢ t.t Inkati,4 2...u,IMC + , 000.-,C,fh .15 'frÂ», ! . . , ... Y ... S.4 AVE<WA~L:;3.kil 41"4rk-M 1 - 'â€¢ , . V'. I . Â» - Â·"Â· ,' 2 ..,1Â«, , .... . - Â· 7- .LA'... , 4tft- I , ...7 .1 A - t. .41 1 '4' ' .... 24 ' b ' 'T'fÂ«- . . Â· Â·Â·. T .711. '. .. 41. . 81 1 C.> 1 .%.. 44 I 1. . . I V. 1 4, A... 1 J *4, ..a' - ' ~ 3 - ' - L, . . I . 411 1 I.! 3, 4 1 ..9.1 . - - W % , b : i'L . *- I - *- 1 r-. 7--Mi:,965.4213:1$u'llf:lic. .. . U- I ...- I -Il ..,A . , AA"... " 1, * I-'-IV<- z~~Me#/PFu ** *-I-At 6/ 4//'~6-34' ,-.0.- ....,61<PE---â„¢gm Â» 44 14 , I I . I .41 4 '2 - ...... I. , . -,2.: I .11 C I ./7 Â· 4 ' 4 - ..e.7 . ... tr 3..1 A- . 13 ' 'AD'43(T/EV+9/*4*144/TWIFFIMPM' ' ' . '144*~ .34 9,4 Ig.t/Â· fi .16 *41 i . ./ 9 U ~ .. 0 -4., .7, 0 9.- 9 . . I 4. .4 . - 4- o' .4.1.7... - 4' a*<* -Nta, ' 4 A- I All ~i/448#*64legKFWillilli#irigillirk - )*Yiwil~le/"1*0'll/P0 ./ U '94 i-; ...4.-1,--~ 14 . /' 4 +* 11 9 -~ ~ . 1.9- -4~ 7 . 4342 -31: , .4 I. 0 4 42 . 4 ~6. 1~.0â‚¬ ..Ms Mil _ . -il... Se"A:..Â©t.- ./Ad -.... *fiÂ«,6--ru.. <tfu 'lit: ..,a->4 9 -7 I I -1.il~ I . 17- 1*441"w< <"pip.,::...-::*A i.Â¢ 9/,2 *m.... -6 '9'.1.6 ;4*:44444 4 ,. PUBLIC NOTICE RE: 1445 SIERRA VISTA DRIVE; HEIGHT VARIANCE FOR GOLF NET FENCE. NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 26th, 2011 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application requesting a height variance for the property located at 1445 Sierra Vista Dr., Aspen, CO 81611. The request of variance is for a 15 foot tall golf net to protect the property from errant golf balls. The application was submitted by Dana Ganssle of Rowland + Broughton Architecture and Urban Design, 117 S. Monarch St., Aspen, CO, 81611, on behalf of Jack and Celeste Grynberg. The subject property under review is legally described as Subdivision: Sierra Vista Duplex, Description: Common Area. The parcel number for the subject property is 2735-111-08-8000. For further information, contact Drew Alexander at the City of Aspen Community Development Department, 130 S. Galena St., Aspen CO 81611, (970) 429-2739, drew.alexander@ci.aspen.co.us s/Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on Sunday September 4, 2011 City of Aspen Account I Â£ Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Tide and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area ofthe proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. jA . S c o_..g--_--1 Signature The foregoing "Affidavit of Notice" was acknowledged before me this & day of GeÂ·f M , 2018 by A--#144 S c.~ PUBUQNQI!QE RE: 1445 S-ifNAA VISTA DRIVE; HEIGHT WITNESS MY HAND AND OFFICIAL SEAL VARIANCE FOR GdLF NET FENCE. NOTICE IS HEREBM GIVEN that a public hearing I will be held on MonÂ®y, September 26th. 2011 at a I meeting to begin 45:00 p.m. before the Aspen 1 City Council, Council Chambers, City Hall. 130 S. My commission expires: 04[Itlloic Gatena St., Aspen, to consider an application requesting a height variance for the property 6. 1. A ..Fil- I located at 1445 Sierra Vista Dr., Aspen, CO 81611. The request of variance is for a 15 foot tall golf net to protect the property from errant golf balls. The -11,~Al' t J\"Au- I application was submitted by Dana Ganssle of No)* Public Rowland + Broughton Architecture and Urban I Design, 117 S. Monarch St., Aspen, CO, 81611,on behalf of Jack and Celeste Grynberg. The subject U yÂ©Â«..P~ property under review is legally described as # i JACKIE ': R ' i Subdivision: Sierra Vjsta Duplex, Description: N ef ..,.014 ~ Common Area. The parcej number for the subject property is 2735-111 -08-8000. ~1 1 t.0â„¢IAN J 8 For further information, contact Drew Ajexander at the City of Aspen Community Development De- MS..... partment, 130 S. Galena St., Aspen CO 81611, (970) 429-2739, drepv.alexander@QU2220,Go.Us ATTACHMENTS AS APPLICABLE: s/Michael C. 1*angl,-Ma*2E Aspen City Council '' t.bf,OF C O\-9~27/ E PUBLICATION -vrrilssSS>, Published in the Aspen Times Weekly on Sunday September 4,2011. 0957103] 'H OF THE POSTED NOTICE (SIGN) * LIST OF THÂ£ OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 V -- MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director ~*,0 FROM: Drew Alexander, Planner O.A. RE: 1445 Sierra Vista Drive, Height Variance for Fence -Resolution No.~~-, Series 2011 - Public Hearing MEETING DATE: September 26,2011 APPLICANT /OWNER: RECOMMENDATION: Jack and Celeste Grynberg Staff recommends approval. REPRESENTATIVE: SUMMARY: Dana Ganssle, Rowland and Broughton The Applicant requests a variance from height to Architecture and Urban Design place a 15 foot tall golf net fence on the southeast corner of the property. LOCATION: Â· n pR-fli -' .EEP,2 1445 Sierra Vista Drive; Subdivision: - - - - uâ‚¬:9.-4~))*i-f(-9.i~23Â£,Â·GIS+ 1 i:'*f:~--=A :~TE *A*reffs'.4 Sierra Vista Duplex, Description: ' .NÂ·..1 Â·Â·Â· "â€¢â€¢K.....~1-Â· '1 -Â·Â·Â·--- Â· - * Conrnon Area. ..4 -p-) l- - . Â·Â· IÂ·Â· I:'t/Â·'~..t* Â·--2,:ik-Â·_Z 412,*Â·i.,1 :-:a .'~ . C :'.itl~Uipqkp.-v-.:-.Drei717 -.r CURRENT ZONING & APPROVED USE [t414&- ~.~~*4*EJ-~V~1&-4ied...,ICTZ$~429~:'6141 R- 15 (Moderate-density Residential) 'Â·' Â·' 9.2.1 Zone District. A duplex residential dwelling unit. =ti.b.-461.-49*21-Â·-94â‚¬1.3/jkra?Ef~~2-1 1Â·' . Â·'- 'Â·- .~ :Â· . R.- 57.'_Â·,~.*...3--~-A:*.Â·92.71 Figure 1: 1445 Sierra Vista Drive 1445 Sierra Vista Drive 1 P96 - LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: e A variation from height requirements for a fence at the southeast corner of the subject property, pursuant to Land Use Code Section 26.314, Mariances. The variance requested is for a 15 foot tall net (1 inch mesh) fence (City Council is final review authority who may approve, approve with conditions, or deny the proposal). Other applicable code sections include: â€¢ Fences, section 26.575.050 of the Land Use Code. This section states, "Fences shall be pennitted in every zone district provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards..." PROJECT SUMMARY: 1445 Sierra Vista Drive is a 16,028 square foot lot located within Aspen's R-15 (Moderate- , Density Residential) Zone District. The lot contains a residential duplex structure and is located ~ adjacent to the Aspen Municipal Golf Course's Hole 16. The southeast facing fagade of Unit 1 faces Hole 16 and is subject to errant golfballs. , kERffifalff,(Ffff<54-LfÂ«F33%.. 43~43ir ~34174~>73%1 2- %199?yi- m'*I.--i 22%4Â·9%45 4--Â·i~*%1~3*tÂ»*31-ti~ATXAST~21 g"1Â·Â·Â· TAÂ· Â· 9~.. 4.9.-4%=:-364%.9401.--,v'.f*%44.97: A.,4*~.Â·Â·14 P2443,24*gaa*34=*.4~~Â·--39-4Â«2(1003*ot*5191{td 0-5 ..IvS fl.,M.a 4 r. . -5.-1/~..._ , * 5262*121&//'#1Â·'-91,Â·-80*,.~i.-.â€ž W En)-4-31Â· Â·14Â·râ€¢ . $ 'll . r. I - % ..#-Â· -r *).0544[â€¢-,;r,*~ ~t: A'â€¢ 4:. 614Â·Â·'. 64rkIA#22.--5'.~ 0 -'ME- - / I ..1 - - 4 W - 4 4ffitliti-~44%4144~eÂ« . . 1 .... ...1.-U.59:-44it.27Â«*425*jitict-f--Â·291%2fetf*- Â· :.E,Â·23Â·"2.6143--Â·irÂ»irt-t-118>6 A C:3Â·: Â»Â·A-Â·,Â· Â· Â·-- . Â·Â· fÂ· . â‚¬-S L.- ri-,1-9:Â·--:Â·1--03~:4Â·: -'73*.Â·*37Â·445Â£33*-13~ ,-.:armr-:4:Â·Â·..=721<*U'*AfÂ·,3.Jit- . 3.-@.-9 â‚¬ 9â‚¬9 *ji:: Of.-f- A *?Ff--- 21 "Â·4-Â·-----3.<,uff 4.1~~~~;..Â·*liÂ· {NrktiBM.of Pi)~Â·- t'7Â·I-:Â·Â·~Â·' fÂ·Â·Â· lb..7.Â·*9-3 ' 9,11Â·1 Â· Â· ~3 - :.%-244:7* 3.* 1 0..,... n.1 3/%14.K:7 ~Â· a.32:-C ,--0#42**Anf~4-13.1-4%4i~ti?Â·4.4 2- 2.-futo*.j~. - ~ 7~'21 -:'.*4....2.--2-9--il.-i.~Â·i~.1-9 '' -t. 3 -1. ;9.,~1Â·Â·,r..? ti.931; 11*2-V>cF~...:- .-..i-1 -49*Ufff.t .~ ...:L!19~RE'*17,-16&: . f I fi~~r--Â·~;3Â·.p-J.-i~Lu Figure 2: Site and golf activity The Applicant requests approval to place a net ( 1 inch mesh) on the comer of the property to shield the home from these errant golf balls. The net, considered a fence, would be 15 feet tall which represents a 9 foot height variance. The metal poles of the fence would be positioned in 1445 Sierra Vista Drive 2 I'rl'f Â· 9TpFiMA, P97 the canopy of existing trees to help shield the fence from view by users of the golf course and surrounding properties. The fence would be located entirely on the Applicant' s property. The overall length of the fence would be approximately 50' with three support poles, 22-r'itt-.-:PÂ· 4~2&*i;ov,#7- - r..Hyujfi_2~ 3-gre<:2/c/*f$11* U,%114..2 912-1 - ;n ....:5Â·*... t:~.=Â· â‚¬%40312%42,>;Rte.: 343Â·36'9-Â·.:>me: 42: 97. 4%4~149:-.i- ~ .-1 --4.42â‚¬2Â·22.#k st:Â»2*-Â·.â‚¬;-il!.P~Â·9Â¥R ---:pl:~:-1.~:~:Sff.i:2.--EMCI-:- .... 9.-14:.... , -~Ge.â‚¬2..484.--3.-~, -3.4492-243~F:.5 21).InrEfd<i 1-326.1311*7-EfÂ·4 94Â·~- '- ..b: t.* 7.1.~ 2.4.0-... -- 4.Â·r Â·I Â· â€¢1Mt=. -2....~ 3-2 >92 --* r.-1-.-' Â·:*.22-: 2-9~91.4%-?:~04.44 yoF.293-2-3..5/...1-:3.-2:.s-'11216: .--0-1 -..0-;Â· .Â·Â·- 1Â« E- 451-73. @FI. t-Â·5.4 :.2Â£'.ER+TJ-#24 UffÂ·j 3.ki2.9(.--3-3.:.it: - 1Â·.-4.-n-,-f. f.--- 5-Â·.- N:446: i.~fÂ©.5,2-Zb#3-2~ ---N/21.4.:i-; - :. =.ye V."..Â· ~...1.-: t.,729.k...a.29-Pe. 4 -442'>%06, .1 t =1 -1 -1.42 1 4 - , .... .; Pa v I : fi~ JÂ·=;4;2 - ....1â€ž2. -1.- e -41" #L.':J. 1 - 2(h = 1 .41 4-21/ --t. - ...- /Mr: .... <:.3,41 443*34-473243~Â·-5-4 3 3,-Offâ‚¬394%91295. Â·ik#-CJ~ 4 1- Â·A- Â·Â·<I.-/..:R I 9Â·83.Â·'4 -23:-10Â·1~:N.-fl â‚¬:'1. Â·47::.0. :' 5*2. ~6 1 -Cif'# , ~---19~----2 f -:F:,fy-i-LÂ·.t= 4-:f . 2*2Â¥25Â·:-:...:TE:'..11-,3,r . , 4,-3...~f r ---' 2.-~'.*Tr fit-- --P~~::,3.9.21 2.:f, i .-C 6:4 ; 5 1i --''.bplkighig Â· ~~j~,-C I.fi,-f:i.-'. e---,i:-0 -5.17,:95 4-,C,-9.-'. ~2:1-.;,Lf- -~1 7---1.:I S- I'.-3. Figure 2: Southeast corner of subject property STAFF COMMENTS: Staff understands the life safety issue of having errant golf balls hitting a home or landing in the immediate vicinity of a home. Although this is an inherent risk of owning a home near a golf course, it is practical to assume a certain level of protection from this risk. The Land Use Code does not provide any ability to install a fence higher than six feet. A similar request was approved for 1495 Homestake Drive. The fence blends with the vegetation and is removed at the end of each golf season. Staff' s primary concern is the visual impact o f the fence and effects on the vegetation. Staff recommends that it be the minimal necessary for providing protection and that it be removed during golf's off season. The Applicant has spoken with Scott Chism of the City's Parks Department, and received a recommendation for location and height. Staff supports this recommendation which states that a 15' tall fence is adequate and that the fence sho-uld only be installed during golf season. Additionally, staff recommends that the support poles be shielded in the canopy of the adjacent trees as much as possible. In regards to the impacts on the vegetation, Staff recommends the applicant comply with all requests made by the Parks Department found in Exhibit B. Staffs response to the applicable review criteria call be found ill Exhibit C. 1445 Sierra Vista Drive 3 M'Â·1Â·<Â·. ~Â·Â·'*TtÂ·7~3 : - +14/ 2 17 !9Â·~ 111, 41: I. ' T('E,'~::-'' ~:.R- fâ‚¬It..1,11 1 -1 k 4~Cwrt;,1 1 1 1140".,rÂ¥ mriT:g'Â·r'iÂ·.rN.tl Â· .3% Â·lkÂ·I,Â·A:,1..,~f.144â‚¬:1'..} m-mylmly'F W. .,, P98 RECOMMENDATION: Staff recommends City Council approve this variance request, with conditions, for the property located at 1445 Sierra Vista Drive. PROPOSED MOTION (ALL MOTIONS .ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve (3*4eesse No.68 Series of 2011, approving a 15 foot high mesh golf- Rest>l _ netting fence on the propertflgrated at 1445 Sierra Vista Drive." CITY MANAGER'S COMMENTS: ATTACHMENTS: Resolution No. M, Series of 2011 EXHIBIT A - Site plan indicating location of fence EXHIBIT B - Parks Department Requirements EXHIBIT C - Review criteria and staff findings EXHIBIT D - Evidence of golfball damage 1445 Sierra Vista Drive 4 P99 RESOLUTION NO. ~ (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A VARIANCE FOR A FIFTEEN FOOT TALL FENCE MADE OF GOLF NETTING FOR THE PROPERTY LOCATED AT 1445 SIERRA VISTA DRIVE CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2735-111-08-800 WHEREAS, the Community Development Department received an application from Jack and Celeste Grynberg, represented by Dana Ganssle of Rowland + Broughton Architecture and Urban Design, requesting approval of a variance to allow a 15 foot fence made o f golf netting; and, WHEREAS, pursuant to Section 26.314, the City Council may approve a Variance, during a duly noticed public hearing after considering a recommendation from , the Community Development Director, and recommendations from relevant referral agencies; and, WHER-EAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the requested variance with conditions; and, WHEREAS, during a duly noticed public hearing on September 26, 2010, the City Council approved Resolution No. - Series of 2010, by a to (-) vote, approving a Variance; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Resolution No _, Series 2011 Page 1 of 3 P100 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to pennit a 15 foot high fence made of golf netting be constructed on the property. The fence shall only be erected during the Aspen Municipal Golf course golfing season. Section 2: Fence Location & Material The fence shall be located on the southeast corner of the property, where it can be situated in an existing cluster of trees. The approximate length of the fence will be 50 feet, and be supported by three poles. The poles shall be positioned in the existing canopy whenÂ· possible to limit the visual impact o f the structure. The fence poles shall be painted a dark color to better blend in with the existing vegetation. Section 3: Parks Department . The Applicant is required to comply with the following: , e All excavation ofthe holes and other work is required to be accomplished by hand, â€¢ In order to keep screening for both the home owners and golf course it is , prohibited to trim any of the branches on the trees adjacent to the fence e The net should be loose enough to provide room for tree growth but tight enough to accomplishing the goal of stopping an errant golf ball, e The Applicant shall acquire an approved work under the drip line permit (tree removal permit) prior to installation of the fence, e Any trimming of tree branches must be kept to a minimum and all tree work should be accomplished by a professional tree care company, and â€¢ All work on trees must comply with city tree code #13.20. The Parks Department shall verify compliance with this requirement. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein providet and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereo f. Resolution No _, Series 2011 Page 2 of 3 P101 FINALLY, adopted, passed and approved this 26~h day of September, 2011. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney Resolution No _, Series 2011 Page 3 of 3 . 4 rer,9 ftseE,fr Â·Â·~ ~ f - 472* Silverman "1211 tfyik <---- //- 4 FACâ€¢,7 YAâ€¢â€¢0 .BACt_] 1 \ '01......i ....,0 Asr,4.7 OR,yÂ£~,~Y k. -' 01 22.2010 CONSTRUCTOISET 4 4 5 DOÂ·ACONS,AUCTIONSET 02122010 04 21.2010 A MI *1â€¢ 1 Â£!1 Ca,~Cf'Etâ‚¬ 3 j LOT 30 08.13 2010 A 1 ,1 . DA.I. \ 6\ ,002'DIJ,Â·12 LE 1 1 \ \ 11 -- \ t - ./ ~ 4%771>.~ m 8 146Â· ' LOLE 1 7-U-I.A. 961' 1 / . ..4 \ J Ir. t,1 '11 ,/ 4. 0-7.ipEL . 690 - LQI-31 RESIDENCE GRYNBERG &Â·1 ..6 i' ~ L :-' /iFika.61*< 16,028 SF 1445 SIERRA VISTA, UNIT 1 L. 402926,4/re ASPEN. CO 81611 41 h keÂ» 45:. 132. M ..CY. P 5.Â°2 i Â£ 91==.. -1 4- 8 10" DIAMETER STEEL POLE . 15 M C>k-3 6 k ~44~ ~~Â»----~--- PROPOSED GOLF NET 12 J --. 7-1.......,BICK -Â· 4 pne~JEC r,40. - DWG FILE MOIER../ __-2 2966_Al 1 d., 0/ .I.M.I.E ASPEN GOLF COURSE PROPOSED - PROPOSED C 1 1 5.Â£ PLAI l All 1 -L ,Â·â€¢. %-7 SITE PLAN ionâ„¢ SCALE: 1Â·=10 Al.1 lilli ......-mil--7 3~n 11Â¥300~d P102 E /2-1 1 8 1 -r 8 P103 Drew Alexander From: Brian Flynn Sent: Tuesday, September 06,2011 5:09 PM To: Drew Alexander Subject: Golf Net - Grynberg Residence Attachments: image003.jpg Drew, please accept the following as comments for the Parks Department review: 1. The net and poles should blend with the background, dark green or black 2. All excavation of the holes and other workis requiredto be accomplished by hand. 3. In order to keep screening for both the home owners and golf course it is prohibited to trim any of the branches on the trees adjacent to the fence. 4. The net should be loose enough to provide room for growth but tight enough to accomplishing the goal of stopping a golf ball. 5. It is recommended that the net be taken down at the end of the golf season. Brian Flynn Open Space and Special Projects Manager (P)970-429-2035 (F)970-920-5128 k i '%~A %/ ~ PARKS & RECREATION 1 P104 Exhibit C Sec. 26.314.040. Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance -will be generall-y consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; Staff Finding: Staff finds that the proposed variance is generally consistent with the Aspen Area Community Plan (AACP) and the Land Use Code. The AACP is an aspirtational document that does not address specific circumstances such as fence height variations. The AACP states that it is "broad in scope and does not address every issue or parcel individually. The plan should be interpreted , to apply generally to all properties and issues in Aspen..." ' The Design Quality section of the AACP discusses the importance of context when making decisions about fonn, mass, color, materials, etc. This proposal is generally consistent with the ' plan in general, and with this idea ofpaying attention to context in design situations. The property is located adjacent to the golf course, and is uniquely situated to be impacted by errant golf balls. The proposed golf netting makes sense in this context, much more than a fifteen foot high fence made of wood or stone. The proposal is also generally consistent with the Land Use Code. The proposal does not tigger a Residential Design Review or any other land use review. Staff finds this criterion to be met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Finding: Staff finds that the request is the minimum variance that will allow reasonable use of the parcel. The proposed fence is temporary ill that it would only be erected during the golf season. The applicant is requesting a fence material that is relatively transparent, and is flexible so it call be inter-woven between existing vegetation. Staff believes that individuals have a reasonable expectation to be safe when on their property. The current condition of the property does not protect the parcel, building, or people that might be on the property at ally given time from errant golf balls. Staff finds that the proposed fence will create a safer environment on the parcel by preventing errant golf balls from impacting the property and any people on the property. Staff fins this criterion to be met. Exhibit C, Review Criteria Page 1 of 2 Exhibit C P105 3. Literal interpretation and ertforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either ofthefollowing conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which cue not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Staff Finding: Staff finds that there are unique circumstances on this parcel that are not the result of any action by the applicant. This parcel has been adjacent to the golf course since the golf course was created. The parcel is located adjacent to the sixteenth hole on the Aspen Municipal Golf Course, and is located in such a way that drives on the fairway enter the property. Staff finds this criterion to be met. b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. Staff Finding: Staff finds that because of the unique circumstances of this lot, the proposal will not confer any special privileges oil this lot that are denied by the Aspen Area Community Plan or the Land Use Code. The AACP does not address this kind of situation specifically. Staffbelieves this situation is unique and warrants a variation in the height requirements imposed by the land use code. Staff finds this criterion to be met. Exhibit C, Review Criteria Page 2 of 2 2-0 H i 8 11- 1.3 ' P106 Architectural Windows & Doors, Inc. Invoice 5317 County Road 154, Suite 204-A Gienwood Springs, CO 81601 Date Invoice # 6/14/2011 11-9152 Bill To Ship To Terralink Structures, Ltd. Grynberg Residence PO Box 809 1445 Sierra Vista Drive Carbondale, CO 81623 Aspen, CO 81611 P.O. No. Terms Rep PO 11-6539 Due on receipt GLK , Qty Description Amount 1 Loewen Window Package 403.00 Replacement Glass for GolfBall Damage Window #38/39 Loft 1 Labor - 3 Hours 225.00 Thank you Subtotal $628.00 Sales Tax (2.9%) $11.69 Total $639.69 Payments/Credits $0.00 Balance Due $639.69 I 44 5 0*33 0 IP 31\ - ~~ - . - ' ' i f' M 1 YpiI -13, 3 flle? !1 '& i. - 14 0 ~ /24 - Â¥ 1>~2% bL / - 12 0 ' Al y Â«422**~ J S Â» // L>M 4 - 970 / 128%14.-1 j I Â· r:125 *1 Â¢,4 ; *~BM #~2x .2 -1 01 1 Â·BUNNY-â‚¬:P 7425 U~ :goy - Â»r*' 12371 1 /1 0/ 195 V \X'\ ..Â»59<73911:/i26$ 1%452 9-/ 2 -77\ r>Q@A /. 1 - ~_ , *Y 42 7 p \Â· . 1 0 l~*~ 70.14 136 r eF \Â»:3~5 37/1 \0Â£ >44621 \-- Bit)480/ ~ 6%4947 123 * yz 148 - ~ 8 <4~ ~8%,>~Â«<f fli~fl64 Â· 20 1 \19// . 4 0 0,-* 541. ., .6 -i.*- 10 .k. I ".... 1475 91\f X.5 I ...#. + 122. 422: V * . 'A- * r 84 < *0 4 7 2 4 44; .8 1, 1#&1 Â£~4 4> 80 .1 1 by %4~!0 -I & 4~~~~ 4 - 5 11:. . I **A/. ' 4 9 .4, 0 . 0 14 4 rb, 1 , I ..X 25 4 e .64 . ' ir - 91*" *4 $ I... - 5 15 .00> 1 W#~E 93 7 V *' r 1 7 1 Â¢ 5 73 767 :765 1**4> . I -. 4 45 . Â·r 3 . ru I 20~Â»l * 2-739 {1 ( og OOFS 00 (6Â· 20/1 Â· 76564 File Edit Record Navigate FQrm Report Format Iab 84 i,@ IX ) e 4 Rli &0 3 23Â· ~i N i , c 0 j i lump 1 : *11 0 101 i' & 4,~C, '1 idâ‚¬]i33 2 .Ii&.2 @3#J<) :71 Routing jtatus |Feei | Fee Sumnilarx ~ ~tbrts *chments *outing distory *6on |Arch/Eng |Cwtom Fields l5ub Bermits |Paceis | Permit type aslu Aspen Land Use Permt# 0016.2011.ASLU t Address ~445 SIERRA VIS Apt/5ute UNIT 1 D Â»SPEN : Mak.: . 28&~ 20 81611 Master permit | Routing cpeue |aslu07 | Ap*d 3/17)2011 Project - Ratus perdng Approved DescriÂ®on FENCE HEIGHT VARIANCE - ADDITION OF GOLF NET IsREd Final * Submittei SARAH BROUGHTON 544 9006 Clock ~EIGiiG--| Days E-Ol Expires 3M1 Q012 . Submitted Ra r 1 - Owner 9*mi Last name GRYNERG First name JACK & CELESTE 1445 SIERRAYIS UNIT 1 -49 Phone (303) 884.5362 Address ASPEN CO 81611 * 0 Contrador k app|bant? : ~ Last name ROWLAND L BROUGHTON First name SARAH PO BOX 552 ASPEN CO 81612 Phone (970) 379-0111 Cust # 25149 Address 2 Lend~ Last name First maine Phone () - Address 3* #594$@p,mÂ¢le@j@Ips -,9.- f.;i -<j.t '*.0~.-i.oddia,w"Avak*.-=11,*:rik.wi'*c'mm'L,--:.~.f'L*enGdÂ£Â£se[Â¥ei angelat ~1111-22 (llc * 14619 U 4- 1,6 61-00 ~1 oputkI / 'RQxOGf V 21 5/ 7 2Â« WA'~ ~L 14. -L 11 -B, 1FN#i I. r , ~ *I:ON )0!nb' 1 xoqlool~ ~ *dnoig qe.Â£~ 4 , 4 . ATTACHMENT 2 -LAND USE APPLICATION 14- PROJECT: h#,r~ 1 1 Q .1 Name: '0"51 <VA bersA . &65 I o en c e CAP/>, /4/fj / 44:ZA'.le,y. J .440Â»4 720.9 Location: 1445- Fierra- V, 64-a- Drk,â‚¬. ./'. 4 . (Indicate street address, lot & block number, legal description where appropflate) ... Parcel ID # (REQUIRED) ./ 'te, 7/9 ..' flo Â¢A: '* tr râ‚¬#, APPLICANT: Name: Cateyid (EnryriberÂ« Address: Phone #: REPRESENTATIVE: Name: 15<D ca\.4,--D ~% + Rvidand 4.- CD<-50â‚¬ Â»to r, Arcl:, 1-43. crk 1-61 Address: i' 7 03. >10, ~a.Â·-al-, Stract, HapaiÂ· Co 31(et , Phone #: 9 '-? CD - 5 64 =.9 00 40 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption D Conceptual PUD U Temporary Use GMQS Allotment D Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes ~ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review U Lot Split D Small Lodge Conversion/ Expansion Residential Design Variance ~1 Lot Line Adjustment El Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals. etc.) Residence_ sits c>n Role 16 of *46< Aopen 62-2 (loc.ie , PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) A Ad AL 440 r 0+ avi f nel- U Have you attached the following? FEES DUE: $ E Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement E Response to Attachment #3, Dimensional Requirements Form D Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. m El m 0000 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Celeste 6,gnbe,A c/o Rs,Â»Und + Br~cfhj-ar (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Co,Y+ber~ (bolf Fe n a. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a detennination 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 time 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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 CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ /, 682- which is for (2] hours of Community Development staff time. and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application inentioned above, including post approval review at a rate of S245.00 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 for 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 APPLICANT By: By: Chris Bendon Community Development Director Date: 3.1 \IQ] to 11 Billing Address and Telephone Number: Ill 6. Monarch (9. Are a. r O 81 Gil 110 -544 -900(2 .. Recordpd at 2:96PM April 3. !984 Ret ept 1 04 â€¢ Â· * loretta {ttnner Reforder CD#.Â·21,â€¢.1 CM (lk-Ct,4110!. FOR *385 ,, 952 1445 SIERRA 'JISTA LK;1,1.14 owhiPS AÂ·,50>lfl Al le,H KNOW All MEN hY THESE P.F. SENTS: THAT WHEREAS, Mary K. Egan | "Dectacant-, the oune, 4 the rpal propeay deÂ»cribrd on the .itached Erhibit "A", 1.hich by Chis Eefer ...ce is r=-idea 1.art hereof, and WHERE.1.S, Derlai.Inr dew res ro es/ablish a condomir.ium projeci under the Condminium Ownership Act ot the State of Colorruirt. anit WHEREAS, Declar,nt does herebyâ‚¬*stablish a plan for che ownership in fee simple of the real propeity estates consisting of the area of space contained in each of the air space units in the building improvements and the co-ownership by rhe individual and separate owners cheree.f, as tenants in common, of fl of the re-aining property. which oroperty is hereinafter defing I -I and refer ed co as the general cor,non elements; ~ NOW THEREFORE. Dec larant does here6y publish and declare that che rollowing teras, covenants, conditions. easements, restrictions, uses, limitations and obligations shall be deemed to run with rhe land. shall be - | burden wd , benefit to Declarant. his heirs. executors, adminiszrators and assigns, and any person acquiring or owning an interest in the real property and improvemencs, their grantees. successors, heirs, executors. idministrators, devisees or assigns 1 1. Definition,1 unless the context shall ey.pressly provide otherwise. (a) 'Unit' means an indisidual air space whicb is contained within the - perimeter walls, floors. ceflir.,3. windows and doors of each unit as shown on the Condominiu- Hap to be filed for r NO.di together with all fixtures and improvements cherein contained but not including any of .le structural components of the building. : f any, located within the unic. (b) 'Condominiu. .nit' means the feee simple ic,tecest and title in and to a unit together with the undivided intet,St in the gener*l comin le-ments ..J the appurtenanc limited cocÂ·â€¢on ele,Â·entâ€¢; rhereto. (c) 'Owner' means â€¢ person. person&, f.rm, corpor,rion, partners,le. assectation or ort,er legal entity. or any combination fl.ereof, who oan(s) L I. q.v. .., *.1,4.1..u~~,w.:...â€ž.0, *,1,Â»~4.*:*,I.*,â€žia,giw**I#*,00#.,~*0*4<1*1ll#***WIMR#Wk#4*le'wÂ· w*k,M,~NA f.*3.â‚¬13. r /// .. t:. ' /â€¢ ..f .uâ€¢il I K...ley .1.1, il,~1 1 I. 385 ~953 (,1, 'Câ€¢ .â€¢ 601 ...sÂ·r'Ni â€¢. L,knt i ' b#,t :01.4 tia Ii.d. 6 1 1.â€¢- 1.:u.d drâ€¢, i ibed irâ€¢ Exhit,tt "A'-, itir *c i.,r turil coâ€¢.0,0Â»nt â€¢ 01 1 1,â€¢ 1.â€¢,) liblig . p.hit â€¢pâ€¢, trt, â€¢Ad all other iâ€¢its 01 i:,ch lard ,r,d th,- Ii;.i,â€¢Â·.,Â·,â€¢.â€¢ iâ€¢ti 1!,er,-0 11*-iri,ary â€žr rave.i.ze to it# ek:bter/t, R.161'LI â€¢nance u.d G,i,ty .1.]cl. tie nt,ri,ally and rea.Â£r.abl> in wrÂ·on Â·rte, I:,c!*,ding rheÂ· air above such jand. /11 of wlâ€¢el, shall Le oer.ed. aS 1.Â·hauts in Coe-On, blÂ· the <,4-ners of the 64Â·1 :rate (11,1~ 6, raili i.-jer of 4 unit havinE an undivided ;,er,-entâ€¢Eâ€¢- or fract iaÂ·la! interest fi, ,â€¢uch gen.ral co=ion elements as is provided 1.treinaftir. Ce) 'Limited coc~on ,Â·14=6*nts' -ans thw.c 1â€¢arts of the Â£,-nwral e.'.'on elements which are either liaited ic and reber wed for tl.e exclusive u&e of an owner of a condeaintu= unit or are limited to and reserved for the cimmon use of more than one but fewer than all of the condc iinium unit owners. (f) 'Condoginiu= project ' *eans all of t.:e land and improve-ents initially submitted by this Declaration and subsequently mbmitted as may be provided hereinafter. (g) 'Con=mon expenses' means and includes expens- for maintenance, repair, operation, manage-erÂ·t and administration; expenses declared common expenses by the provisions of knis Declaration and the By-Laws of the Condo- miniu.2 Association, and a] 1 sums lawfully assessed ag.Iinst the general co-on elements by the Board of Managers of the Aisociation. (h) 'Association of unit owners' or 'Association' means the Association ferzed as a Coleric nci-for-ir.fit coricr2Â£16-. btaring the r.a=t of this condaminium project, the Cettirica-e of loccrporation and By-Laws of which shall govern the adâ€¢inistrat Lon of this conicminium properly. the =embers cf which Association shall be .21 of the owners of the condominium units. CIO 'Building' means a .ingle buil.-'ng containing units as shown on the Map. 43' *Xip'. 'Condc--iniwi Map' or 'cupple=An,al ...P, mean, and includ.a the engineering survey af the lard 2.plc:ing and lor.ti:.6 thireon all oi :) i improvements, the florr and eleÂ·ation rlms and any other drawn,g or diAgramna:.c plan depicting a part of or all of the i-prove-ents and und. -2- E- :.0385 ~t 954 2- 2.2. 7.Â·.8 K.ap n.ay be~:ed fu recold in wi.Ne 0, 4/Yarts w r.2---:ens, f:wa Â·.imt ~~ to time, as the stages of construction of the units and other in,provements are substan- tially cw.pleted. Each section of the Map f3]ed subseâ€¢quent to the first or initially f i led Map shall be termed a Supplement + 3 Such Map and the nurnerical sequence of such 91 supplements shall be shown thereon. The Map or any part or section thereof depicting units shall not be filed for record until the building in which the units are located has bEÂ·en substantially completed in order to tiermit the locat!an thereof. both horizontally and vertically. Each such Map shall be fi]82 for record prior to the conveyance of a condominium unit to 8 purchaser. tach such Map shall depict and z.how at least the following: The legal description of the larid and a survey thereof, the location of the building(8> ; thâ€¢ floor and elevation plans; the location of the unit within the building, both horizontally and vertically; the comnon walls between or separating the unit.; the location of any structural components or . supporting elements of a building located within a unit; and, the unit designations . and the building symbol. The Map shall contain the certificate of a registered pro- fe,sional engineer or licensed architect. or both, certifying, that the Pap substan- tially depicts the location and the horizontal and vertical measurements of the building. the units, the unit designations. the dimensions of the unit=, the elevat lons of the unfinished floors and ceilings ms constructed, the building symbol. and that such Map was prepared subsequent to substantial completion of the improvements. Each supplemental and/or any amendment shall Het forth a like certi ficate when appropriate. In interpreting the Map the existing physical boundaries of each separate unit u constructed shall be conclusively presumed to be its boundaries. Declarant reserves the right to amend the Map, from time to tine, to conform the same according to the actual locmtion of any of the constructed improvements and to establish, vacate end relocate easements, access road easements and on-si te parking areas. 3. Division of Property into Condominium Units.C~The rea? property described in Exhibit -A- and the improvements thereon are hereby divided into the fo~lowing fie simple estates, each such estate cowisting of the separately desi gnated units id - the undivided percentage or fractional interest in and to the general collÂ·.rnon e.ter.ents appurtenant to each unit ar ic set forth on the attached Evhibit -B". which by ris . .. reference is mide a part heieof. ~]> Declarant reserves the right to (i) physicilly corrhine the space within cne .nit with the spjee within one or more adjoining units. Cii) to combi le * part cf or -3- :.fi . w 385 iM . 055 ,i~ 3 combination of Parts of fTe space withir, one unit with PIrt or I.arts of The space 2 within one or more adjoining units, and {ili) te divide into separate units the space of one unit. The aggregate or divided undivided interests in the genelal Con,Trn elements resulting therefrom shall be reflected bv An Amendment to Exhibit "B" ht=eof and to the Map. 4. Limited Common Elements. A portion of the genci al coinmon el ements is reserved for the exclusive use of the individual owners of the respective units, and suih areas are refe-red to as 'limited common elements' The limited common elements so reerved shall be identified on the Map. Any balcony, patio or deck which is accessible fzom, associated with and which adjoins a unit shall, without further reference thereto. r be used in connection with such unit to the exclusion of the ust thereof by the ether ; owners of the general common elements, except by invitation. All of the owners o' condominium units in this condominium project shall have a non-exclusive right in common with all of the other owners to use of sidewalks. pathways. roads and streats located within the entire condom* nium project. No re ference thereto, whether such limited coy=non elements are exclusive or non-exclusive, need be made in any deed, instrument of conveyance, or othEr instrument f and reference is made to the pro- visions of paragraph 7 of this Declaration. 1 1 5. Parking Spaces. -On-site parking areas and facilities shall be under the control of the Declarant until the condominium project has been completed. Thereafter, e.e parking areas shall be under the control of the Association. 6. Inseparability of a Condominium Unit. Each unit, the appurtenant undivided in- terest in the general common elements and the appurtenant limited common elements shall together comprise one condominium unit. shall be inseperable and may be conveyed, leased, devised or encum> ned only as a condominium unit 7. Description of Condominium Unit. Every contract for the sale -f a condominiun i unit written prior to the filing for record of the Map 11,ay legally describe a -on- â€¢ ,% dominium unit by its identifying unit designation followed by the name of this co-do- minium. with further reference to the Map thereof and the Declaration to be filed for record. Sulsequent to the filing of the Map and the recording of the Declarrtion, every deed, leale. mortgage. trust deed, will or other instrun.ent may legally des:ribe a condominium init by its identifying unit designation followed by the name of this condaminium. with further reference to the rap thereof file,3 for record and thc rt- corded Declaration. Every such des,cription shall be good alld sufficient for all purposes to sell, convey. transfer, ellculnber or otherwise affect not only the unit -4- 4411 0.- ..: . 4Â®veÂ©.15, i r FY 41=0 :' 2*Â·4, 2 2 .1 6 ' ..â€ž&;â‚¬t*,9'fatil 9&*80.0.;01Â·' 9*,i j: At alt: r.t ger.Fral ci ~~. flcrher.=s ai.d the :r,le= c~n elemerv~~R~~~t'e~~~~~~ - thereto. Each such .description shell be coutrued to include a no:-excluaive easement for ingress and egress to an owner' s unit and use of all of the general I col,non elements together with the right to the exclusive use of the limited corcon elements. rhe initial deeds conveying each condominium ur.it may contain resetia- tiorp, exceptions and exclusions which the Declarant deems to be consistent with and , + in the best interests of all condominium unit owners and the Association. A $ a. Separate Assessmert and maiation - Notice to ;,6.essor. Declerant shall give I written notice to the Assessor of the County referred to in Exhibit ..Al. of the creation of condominium ownership in this propeity. as is provided by law, 60 that each unit and the undivided interest in the general common elemente appurtenant 6 thereto shall be deemed a parcel and subject to separate assessment and taxation. ~ 9. Owner.hip - Title. A condominlum unit may be held and owned in any raal prclerty ~ tenancy relationship recogniled under the laws of the State of Colorado. 1 141 â‚¬ 10. Non-Partitionability of General Con,non Elements. The general cor=non ,) sments shall be owned in co=ron by all of the owners of the units and shall remain un- divided, and no owner shall uring any action for partition or division of the general ~ . cOM~n elemants. Nothing coi.tained herein shall be construed as a limitation of the ~ - right of partition of a condominium unit between the owners thereof. but such per- B tition shall not affect any other conaorninium unit. ~ 11. Use of Genexal and Limited Common Elements. Each owner shall be entitled to 6,clusive cwnership and possession of his unit. Each owner may use the general and 1 limited coâ€žunon elements in accordance with the purpose for which they are inteneed. ; â€¢ without hindering or encroaching upon the lawful rights of the other owners. 12. Use and Occupancy. The Units shall be used and occupied by the owner. his family aÂ·Â·d their guests, his business invites and his tenants and their guests. 1 -5- Aly '/t: Â·. MqUI" *.41'*MAY'*13.1.*â‚¬4.1 2,-9 94*04.13*'Â·Â·'Â·274.'44.,Â·Â·.: . - , Â·.085 ~:957 13. D. nerâ€¢ts for Encio~i,nints. If â€¢aÂ· iÂ·ortion of th~ge:,cÂ·rial com:i,un ele;,:r.ts encroact es upon a unit or units, a valid easement for the encroacnment and 1-or tle maintenance of same, so long as it stands, shall and does existÂ· If any portion of a unit encroaches upon the general co=non elements, or upon an adjoining uni L or units, a valid eaR.ment for the encroachment and for the mairtertance of same, 30 long as it stands, shall ant. does ewist. Such encroachments a nd casements shall not he ~ considered or determined to Le encurebrances either on the general coinâ€¢,on elementr or on the units for purposes of m.6.rketability of title. 14. Termination of Mechanic's Lier, Rights and Indemnification. Subsequent to tte com- pletion or the imprmetnents described on the Map, no labor pertormed or materials furnished and incorporated in a unit with the consent or at the request of the ur.it owner, his agent, his contractor or subeantractor shall be the basis fur filing of ~. a lien against the unit of any other unit owner not expressly consenting t- Or re- - questing the SON, or against the general com,fun elementi. uch owner shall indemnifv ~ and holÂ·d harmless each of the other ownws from and against the unit of any other owner or against tne general common ,Â·l arrents iii construction performed or for i,bor. 1 11 materials, services or other productÂ· incoipt:,tud in tht.Â· owner' s unit at such oâ€¢ner'/ request. The provisions herein contained are subject to the rights of the Managing Agent or Board of Managers of the Asmociation as met forth in paragraph 17. 15. Admi..istration and Management. The administration and management of this ./ condominium property shall be governed by the By-Laws of the Association. An chÂ¢rk r of a condominium unit, upon becoming an owner, shall be a member of the Association and shall remain a member for the period of his ownermhip. The Association shall be initially govern. d by a Board of Managers as is provided in the By-Laws of the Association. The Association may delegate by written agreement any of its dutiet, 1 powers and functions to any person or firm to act as Managing Agent at an agreed compensation. 16. Certificate of identity. There shall be recorded from tilne to time a Certif.cate of Identity and the addresses of the pergons then comprising the management body li 4 (Managers and Officers) together with the iden, ity and address of the Managing k.tnt, t : if any. Such Certi ficate shall be conclusive evidence thereof in favor of any pEr- son relying thereoA in' good faith regardless of time elapsed since date thereof. The t first such Certificate ohall be recorded on or before ninety (90) days after reer=2- ing this Declaration. , 8 1 -6- Lt 65. *. . + 4.,4. - 9. Â»Mwk.i.~ 4. â€ž- ,/ ..A.L.& ...'I. k../.....Â·41.981-4 . .. 0 0 0 ,385 1.1 *058 ~ 17. kfervation for Access - Maintenarice, Frpair and Emercincies. The Ar.ers cÂ·.al 1 have the irrevocable right, to be eiereised by the Managing A9ent or Board of Managers of the Association, to have access to each unit from time to time during reasonable howe 4 may be necessary for che maintenance, repair or replacement of any of the general co=non elements therein or accessible therefrom, or for making emergency 1, repairs therein necessary to prevent damage to the general comon elements or to ~,~ another unit. Damage to the interior or any part of a unit resulting from the 39. maintenance, repair, emergene, repair or replacement of any of the general comon *' elements or as a result of emergency repairs within another unit, at the instance of the Associp.tion, Shail be a common expense of all of the owners; provided, however, that if such damage is the result of the misuse or negligence of a unit owner, then elf: such unit owner shall be responsible and liable for all of such damage. All damaged , b improvements shall be restored substantially to the same conditio: in which they existed prior to the damage. All maintenance, repairs and replacements as to the general common elements. whether located inside or outside of units (unless neces- sitated by the negligence or misuse of a unit owner, in which case such expense shall be charged to such unit owner), shall be the common expense of all of the owners. 18. Owners' Maintenance Responsihility. For purposes of wintenance. repair, altera tion and remodeling. an owner shall be deemed to own the interior non-supporting walls. the materials (suctÂ· as, but net limited to, plastor, gypmum dry wall, paneling, wall- Pai err paint, wal. and floor tile ar:d flooring, but not including the sub-Ilooring} makine up the finished surfaces of the perimeter walls, ceilings and floors within the unit. including unit doors and windows. The owner Mhall not be deemed to own lines. pipes, wiles, conduits or systems (which for brevity are 'herein and hereafter referred to as utilities} running through his unit which *erve one or more other units except as a tenant in common with the other owners. Such utilities shall rot 1 be disturbed or relocated by an owner without the written con5ept and approval of the Board of Managers. Such right to repair, alter and remodel is coupled with the cbli- gation to replace any finishing or other materials removed with similar or other typeÂ£ or kinds of materials. An owner shall maintain and keep in repair the interior of his own unit. including =he fixtures thereof. All fixtores and equipment ins:alled within the unit corrdnencing at a point where the utilities enter the unit shall be maintained and kept in repair by the owner thereof. An owner shall do no act nci ally -7- Ip "43 1 K., .....: r j. . ~ .,â‚¬fi : Â·Â· . 1//WAIM"*MAN"*ft'..*4'hou#*W<%..*Â£,Â·B'.#*. .Â·,7Â·.,71Â».Â·Â»â‚¬957.'Â·iÂ·.I .â€¢Â·.Â· '. 4,4. :~ t'Â·IÂ·. f v L, RR , A. E 959 work that .Â·ill imphir theÂ·:tructural 90%:,dÂ·,ens or iritâ‚¬-9:~' 6.1 13.. , .-J firig or imeir any easement or herelitament. An owner shall also keep the balcurly area appurtenaat to his unit in a clean. and sanitary condition. All other maintenance or repairs to any limited common elements, except as caused or permitted by the c.ner's negligence, miswbe or neglect thereof, shall be a cow*n expense of all of the o~.Â·mers. 19. Compliance with Provis'ons of Declaration. By-Laws of the Association. Each owner 5hall comply strictly with the provisions of this Declaration, the Certificate of Incorporation and By-Laws of the Association, and the decisions and resolutions of the Association adopted pursuant thereto an the same may be lawfully amended from time to time. Failure to comply with any of the same shill be grounds for an action to recever sums due, for damages or injr-,ctive relief or both. and for reimburserent of all attcrney' s fees incurred in connection therewith. which action shall be main- tainable by the Managing Agent or Board of Managers in the name of the Association on behalf of the owners or. in a proper case. by an aggrieved owner. / 20. Revocation or Amendment to Declaration. This Declaration shall not bL 6%2ed ) - ~ unless all of the owners and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all of the condominium units unanimously consent -- and agree to such revocation by instrument(s) duly recorded. This Declaration shall . not Ze amendeÂ©unless the owners representing an aggregate ownership interest of- sixty per cent, or more. of the general common elements and all of the holders cf . any recorded mortgage or deed of trust covering or affecting any or all condominium units consent and agree to such amendment by instrument (s) duly recorded ; provided, however, that the percentage or the undivided interest in the general common elenents appurtenant to each unit, as expressed in this Declaration. shall have a permanent character and shall not be altered without the consent of all of the unit owners expressed in an amended Declaration duly recorded, and provided, further, that revocation of' this Declaration shall alwaya require the cor,Eent of all of the owrÂ·irs. t. 21. Additions, Alterations and Improvements of General and Limited Common El emerts, There shall be no additions, alterations or improvements of or to the general ant limited common elements by the Association requiring an expenditure in excess of Two Hundred Fifty Dollars per unit in any one calendar year without prior approvil of a majority of the owners. and such expenditurets) shall be a conÂ·.rnon e,pense. such limi tation shall not be applicable to the repiacement, repair, maintenance or ob50]c- scence of any geÂ· ral or limited comnan element ur common personal property. -8- ---ybal#64*-; 9 202: -Â· '~ ...1, r u, 385. O,:960 als(ST-'â€¢r:.ta. t:Â·â€¢,05 enuÂ·Â·,med Or actual. imposed by the board of r.0,â€¢bgers of the Association to reet the con.mor, expenses. The assessments shall be made according to ebch ewrier's percentage or fraction. 1 intereit in and to the general common el,ments. The limited common elements shall be maintained 4 general con,non elements, and owners having exclusiv- use thereof' shall not be subject to any special charges or assessments for the repair or maintenance thereof. At;StÂ·5Sments for the estimated common expenses shall be due in advance on the first day of each calendar quarter, or inore frequently as A.ay be determined by the 508rd of Managers or Managing Agent. The Managing Agent or Board of Managers shall prepare and deliver or Mil to each owner a statement for the estimated or actual common expenses. In the event the o:nership of a conjominjum unit, title to which is derived f rum Declarant, corrmences on a day other than the first day of the assess,ment period, the assessment for that period shall be prorAted. The anesâ€¢ments mâ€¢de shall be based the cash requirements deemed to be such aggregate sum as the Managing Agent, or if there is no Managing Agent. then the Board of Managers of the Associption, shall from time to time determine is to be paid by all of the condominium unit Owners to Provide for the payment of 811 entim.ated expenses growing out of or connected with the maira- ten,tnce, repair, operation, additions, alterations and improvements of and to the general common elements, which sum may include, but shall not be limited to, upense. of management: ta,t,â€¢ and special assessments urtil separately assessed: premiums for fire insurance with extended coverage and vandelism and malicic,un mischief with endorme- ments attached issued in the amount of the maximum replacement value of all of the condominium units (including all ft<tures; interior walls and partitions; decorated and finished surfaces of perimeter walls, floors and ceilings: doors. windows and other elements or materials comprising a part of the units); casualty and public liability and other insurance premiums; landscaping and care of grounds; con.non lighting and heating: repairs and renovations: trash â€¢nd garbage collections; wages; con,hon :ater and sewer charges; 3Â©gal ana accounting fees; management and rental fees: expenses and liabi:Sties iricurred by 'he Mar.aging A9ent or Board of Managers on be- half of the unit ownens under or by reason of this Declaration and the By-Laws of the As,ociation; for any deficit /emaining from a .-revious period; the creation of a reasonable cor.tingency, reserve. werking capital and gin):Yng funds am wai as other costs and expenses relating to the general common elements. The omission or failure of the Board of Managers to fix the essessâ€¢,ent for any period shall not be deen,08 a waiver, modiflcation or a Yelease of the owners from their obligation lo pay the HY. The Association way Yequirt each owner to doporat arid maintain with the Ai.tociation an imount equal te one quarlerly (â€¢5118Â·810,3 AL'â€¢tÂ·Lf lient for use as worl. ing cal>ital. 9- -----Vt*34#%Â·24 9 mwâ€¢ 'Â·'V - f i . g :8385 0Â£1961 Anything herein to the contrary :lot.withstaridir:g, that Derclarant shall be responsible for assessments accoiding to the following formula: Until all units are sold and dted transferred, the actual expenses for the operation of the candominjums will be divided equally between all of the units in the condominium project and such bills paid monthly 23. Insurance. The Managing Agent, or if there is no Managing Agent, then the Board of Managers of the Association. Lhall obtain and maintain aL all times in- surance of the type and kind provided hereinabove and including for such other risks, of a similar or dissimilar natâ€žre, as are or shall hereafter customarily be covered with respect to other condominium buildings. fixtures. equirment and personal property. similar in coostruction. design and use, lisued by responsible insurance companies authorized to do business in the State of Colorado. The insurance ehall be carried in blanket policy form naming the Association the insured. as attorney-in-fact for all of the condaminium unit onwers, which policy or policies shall identify the interest of each condominium unit owner (owner' s name. unit number, building designation} , and which policy or policies shall provide e standard. non-contributory mortgagee clause in favor of each first mortgagee. It sh \1 also provide that the policy can- not be cancelled until after ten days prior wÂ· .-ten notice is fir!,t given to each ' owner and each first mortgagee. The Managing Agent. or if there is no Menaging Agent. then the Board of Managers, shall also obtain and maintain. to the extent obtainable, public liability insurance in such limits as may from time to time be determined. covering each unit owner, each member of the Board of Managers, the Managing Agent. and the resident manager. Such public liability coverage shall also I cover cross liability claims of one insured against another and shall contain waivers , of subrogation. Each owner may obtain additional insurance at hi s own expenge for his own benefit provided that all such policies shall contain waivers of subrogition and provided, further. that the liability of the carriers issuing insurance shall not bâ€¢ affected or diminished by reason of any such insurance carried by any unit i ./ owner. Insurance roverage on the furnishings and other items of personal property te- longing to an owner and casualty and public' liability insurance coverage within each individual unit shall be the responsibility of the owner thereof. -10- 1 - 1 1 F.*41%/441,#Pri':f'lÂ¥%'.Â¢0 ~4-.Vity.24â€¢'t:., .9â€¢,U'..Â·Â·Â·Â· .Â·-- ..â€¢1*'Â· .. . Â· 1 , F:.7 1 Â· I m oÂ· 385.,t ge 1/m 24, owners' personal Obligtion for Payment of Ar.505smir.ta. The amount of =he common expenses assessed against each condominium unit shall be the personal and in- dividual debt of the owner thereof. No owner may exempt himself from 1 iability for his contribut'on towards the coâ€¢-non expenses by waiver 01 the use or enjoyment of any ~ 4 of the co,rgnon elements or by abandonment of his unit. Both the Board of Managers and Managing Agent shall have the responsibility to tdke prompt action to collect Â£ any unpaid assessment which remains unpaid more than 15 days from the due date for . payment thereof. In the event of default in the payment of the assessment. the unit owner shall be obligated to pay interest at the rate of twelvE per cent per annum , on the amount of the assassment from dÂ·,e date thereof. together with all expenses. 1 including attorney' s fees. incurred together with such late charges as provided by the By-Laws of the Association. Suit to recover a meney judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing same. 25. Assessment Lien. All sums assessed but unpaid for the share of common expenses chargeable to any condominium unit shall constitute a lien on such unit superior to all other liens and encumbrances, except only for tai and special assessments liens on the unit in favor of any assessing unit. and all sums unpaid on a first mortgage ~~: or first deed of Â·trust of record. including all unpaid obligatory sums as InDy be pro- vided by such encumbrance. To evidence such lien, the Board of Managers or the Managing Agent shall prepare a written notice of lien assessment setting forth the ; aâ€žount of such unpaid indebtedness. the amount of the accrued interest and late charges thereon. the name of the owner of the condominium onit and a description of the coadominium unit. Such a notice shall be signed by one of the Bom:d of Managers : or by one of the officers of the Association or by the Managing Agent and shall be recorded in the office of the Clerk and Recorder of .hc County referred to in Exhibit -A-. Such lien shall attach from the due date of the assesnment Such lien may be enforced by the foreclosure of the defaulting owner'$ condowinium unit by the Ass,cia- i tion in like manner as a mortgage on real property upon the recording of a notice or , claim thereof. In any such proceedings the owner shall be required to pay the cc :ts, expenses and attorney' s fees incurred for filing the lien, and in the event of fcre- i 42Â· closure proceedings, all additional costs. all expenses and reatonable attorneyâ€¢s I j fees incurred but not loss than the arrount Jecommended by the Bar Association of said county according to the then current published and reconrunended fee schedule for fore- -11- h ..... 1 1"Kil/Ir./p'I, 4/Â·'9'41-â€¢,-Â· ,0-~â€¢....t-/gl.,-2-*/Il. i':Â·1Â·7 ;Â·â€¢ 1 r-/ 3 1,94Â·W- 13*yfm. 9 7,385,11 Â£963 Closure proceedings C for forâ€¢Â·closure proccedJngs through Court) . Trit owber of the condominium unit being foreclosed shall be required to Fay to the Association the monthly assessment for the condominium unit during the period of foreclosure, and the Association shall be entitlid to a receiver- to collect the same. The Association shall have the power to bid in :he condominium unit at forelosure or other legal sale and to acquire and hold. lease. mortgaoe, vote the votes appurtenant to, convey or I otheÂ·.wime deal with the same. Any encumbrancer holding a lien on a condominium unit may pay, but shall not be required to pay, any unpaid contmon expenses payable with respect to Guch unit. and wpon such payment such encumbrancer shall have a lien on * such unit for the amounts paid of the same rank as the lien of his encumbrance without j i the necessity of having to record a notice or claim of such lien. Upon request of It a mortgagee, the Association shall report to the mortgagee of a condominium unit any 1 unpaid assessments remaining unpaid for longer than twenty-five days ifter the same are due. provided, however, that a mortgagee shall have furnished to the Managing Agent or to the Boara of Managers notice of such encumbrance. 26. Liability for Common Expense Upon Transfer of Condominium Unit is Joint. upcn payment to the Managing Agent. or if there is no Managing Agent. then to the Board of - Managers of the Asse ciation, of a reaeonable fee not to nceed Twenty-Five Dollars, 1 and upon the writter. request of any owner or al.y mortgagee cr prospective mortgagme of a condwinium unit the Association, by its Managin,9 Agent, or if there is no Managin9 Agent. then by the financial officer of the AsBOciation. shall issue a written statement setting forth the amount of the unpaid common expenses.if any. with respect to the subject unit, the au,ount of the current monthly assessment ard the date that such assessment becomes due. credit for any advanced payments of ccrrunon 4 assessments, for prepaid items. such as insurance premiums, but not including ac- cumulated amounts for reserves or sinking funds, i f any, which statement shall be conclusive upon the Asmociation in favor of a] 1 persons who rely thereon in good faith. B Unless such request for a statement of indebtedness shall be complied with wirhin ten days. all unpaid common expenses which become due prior Lo the date of makil such request shall be subordinate to the rights of the person requesting such sttle- ment. The grantee of a condominium unit shall be jointly and beverally liable with the grantor for all unfid assesslnents against the latter for the unpaid common assessments up to the time of the grant. or conveyance. without prej udice to the grantee'n right to recover from the grantor the amounts Faid by the grantee therefor: '4..GÂ· . â€¢ 1 - 9 in ti -*. 385 . u, 964 provided, t,Bever, that upor, payment of a reasonable iee riot tc exceed Twenty-Five Dollars, as is provided hereinabove, and upon written request, any such prospective grantee shall be entitled to a statement from the Managing Ager,t, or if there is no Managing Agent, then from the Board of Managers of the Association, setting forth i the amount of the unpaid assessments, if any. with respect to the subject conds,minium K unit, the amount of the current tronthly Awssment, the date that such assessment , i 1 becomes due, and credits for any advanced payments of common assessments, prepaid items, such as insurance premiums, which statenent shall be conclusive upon the Association. Unless such request for such a statement shall be complied with within ten days after such request. then such requesting grantee shall not be liable for. 2 nor shall the unit conveyed by subject t a lien for any unpaid assessments against 13 the,ubject unit. mle provisions met forth in this paragraph shall not apply to the initial sales and conveyances of the COLdominium units maile by Declarant, end such sales shall be free from all common expenses to the date of conveyaner mate or to a date as agreed upon by Declarant and Declarant's grantee. 27. Mortgaging a Condc minium Unit - Priority. An owner shall have the right from time to timeâ€žto mortgagi or encumber hia interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and para- mount priority under applicable law. The iwner of a condominium unit may create junior rrortgages. liens or encumbrances on the following conditions; (1) that any ~;~ such junior mortgages shall always be subordinate to all of the terms, conditicas, covenants, restrictions, uses. limiÂ£ations, obligations, lien for conmon expenses, ~ ~ and other obligations created by this Decli]Â·ation, the Certificate of Incorpor,-ion ani the By-Laws of the Association: 12} that the mortgagee under any junior mortgage . shall release, for the purpose of restoraticÂ·n of any improvements upon the inortiagod premises, all of his right. title and interest in and to the proceeds under all - insurance policies upon said premises by the Association. Such release shall ke furnishee forthwith by a junior mortgagee upon written request of one or more of the members of the Board of Managers of the Asso, Lation, and it such request is not granted, Buch release may be executed by the Association as attorney-in-fact fir such junior mortgagee. le, -13- J//// *~~~M**rt!~H,*-M*MI/' Jw//4/"'/ :mrA" j'/w Â·Â· boÂ»â€¢blp Â·â€¢Â· Â·' 4 - L 1 912.V . t .,0~385 ,~c,965 ~ . 28. Esseriftion as Attorne}'-ir.-ract. This Declaration does hereby make randatory the irrevocable appointment of an attorney-in-fact to Je,1 with the property upon its destruction, for repair, reconstruction. or obr.olescence. Title to any 2. lominium unit is declped and expressly made subject w the 1t terms and conditions hereof, and acceptance by any grantee of a deed or other instru- ment of conveyance fram the Declarant or from any owner or grantor shall constitute. 70., appoinlment of the attorney-in-fact herein provided. All of the owners irrevocally constitute and appoint the Association their true and lawful attorney in their na--le, place and stead for the purpose of dealing with the property upon its destruction or $ obsolescence as is hereinafter provided. As atterney-in-fact, the Association, by 4 its president and secretary or Assistant Secretary shall have full and complete ? . ''. authorization, right and power to make, execute and deliver any contract. deed or any other instrument with rer.pect to the interest of a condominium unit owrer which are necessary and appropriate to exercise the powers herein granted. Repair and I reconstruction of the improvement (G) as used in the succeeding subparagraphs means restoring the improverlâ€¢ent(s) to substantially the same condition in which they existed prior to the damage, with each unit and the general and limited cominon elements having substantially the same vertical and hozizontal boundaries as befcre. 7112 procâ€¢eds of any insurance collocted shall be available to the Association for the purpose of repair, restoration, reconstruction or roplacements unless the owners and 813 first mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter. 3 (a) In the event of damage n- destruction due to fire or other disaster. the insurance proceeds, if sufficient to reconstruct the improvement(s), shall be applied by the Association, as attorney-in-fect, to such reconstruction, and the im- provernent(m) shall be promptly repaired and reconitructed. The Association shelli have full authority, right and power, as attorney-in-fact, to cause the repair anA re;=ora- tion of the improvements. (b} If the insurance proceeds are insufficient to repair and reconstruct the improvementfs), and if such damage is not more than sixty per cent of all of the -$/ condominium units (the whole property]. not including land, such damage or destru:- tien shall be promptly repaired and reconstructeÂ·d by the Association, as attorne)--in- fact, using the proceeds of insurance and the proceeds of an assessment to be made â‚¬6 against all of the owners and their condominium units. Such deficiency assessment shell L. a common expenue and made pro râ€¢ta according to each owner' 6 percentage interest in the general ciw,â€¢mon eleâ€¢,ent. and shall be clue and payable within thirt, days after written notice thereof. The Aniii,ciat ion shall have full authority, ]1 ili. 9. < e,#*.; I . ... H f~ nA,1 yj it:Â¥Nt,20 turr'r. y :rÂ· h.,- .' . Â· , 17% u , 385,u: 966 and power. as attorney-lri-fact, to cause the zopair Or restoration Of tnt lim;Drove- ment(s} using all of the insurance proceeds for .luch purpose notwithstanding the failure of an owner to pay the assessment. The ~ssessment provided for herein shall be a debt of each owner and a lien on his condominj um unit and may be e.:for ced and collected as is provided in paragraph 25. in addition thereto. the Association, as attorney-in-fact, shall have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such deficiency assersment within the time provided. and if not so paid, the Association shall cause to be recorded a ~. notice that the condominium unit of the delinquent owner shall be sold by the Association. as attorney-in-fact, pursuant to the provisio-5 of this paragraph. 'The delinquent owner shall be required to pay to the Ass.ociation the conts and expenses Â«C for filing the notices. interest at the rate of eight per cent per annum or. the amount of the assessment and all reasonable attorney*r fees. The proceeds derived from the sale of sue:. condominium unit shall be used and disbursed by the Association, f a attorney-in-fact. in following order: (l) For payment of taxes and special assessments liens in favor of any assessing entity and the customary expense of sale; (2) For payment of the balance of the lien of any first mortgages ( 3) For payment of unpaid common expenses and all costs, expenses and fees incurred by the Association; {4) For payment of junior liens and encumbrances in the order of and to the extent of their priority; and (5) The balance remaining. if any, shall be paid to the condominium unit owner. (c) If'the insurance proceeds are insuifi-icnt to repair and reconstruct the % damaged improvementls) . and if such damago is more than sixty per cent of all of the condominium units (the whole property), not including land, and if the owners rerre- s~nting an ag9regate ownership interest of fifty-one per cent. or more. of the general common elements do not voluntarily, within one hundred days thereafter. make pro- i visions for reconstruction, which plan pust have the unanimous approval or consent of every first mortgagee, the Association shall forthwith re,ord a notice setting forth such fact or facts. and upon the recording of such notice by the Associatian '5 President and Secretary or Assistant Secretary. the entire remaining premises shall be so'Id by the Association purs:uant to the provisions of this paragraph, as atto:ney- in-fact for all of the owners, frpe and clear of the provisions contained in this Declayation. the Map and the Hy-].aws. 11,0 innurance settlement proceeds shall Ze --*m/*47/:#40 .4/: 1 , 7<0%)40*jr,131~ 1Â¢ttl*!F/".,16%4469:444"7Â·49 W Â·Â·" " ' t.' ~,i ..:7 385 1.VE 967 collected by th, Association, arid st,ch proceeds sha.1 be divided by the Association according to each owner' s. perce..tage interest in the General comnâ€¢on elements. and Such divided proceeds shall be paid into separate accounts, each such account re- prnenting one ef the condominium units. Each such account shall be in the name of the Association, and shall be further identified by the condominium unit designation , and the name of the owner. From each separate account the Association, as attorney- in-fact. shall forthwith use and disburse the total amount Cof each) of nuch accounts, without contribution from one account to another. toward the partial or full pay-ent of the lien of any first mortgage against the condominium unit represented by such separate account. Each such account shall be supplemented by the apportioned amount of the proceeds obtained from the sale of the entire. property. Such apportionâ€¢ent shall be based upon each condominium unit owner's percentage interest in the general cammon ele:nents. The total funds of each account shall be used and disbursed. without contribution from one account to another. by the Association. as attorney-in-fict. for , the same purposes and in the same order an is provided in subparagraph (b) {l) through . 1 (5) of this paragraph. If the owners representing cn aggregate ownership interest of fifâ€¢y-one per 1 : cent, or more, of the general common elements adopt a plan for recor,8truction, which ~ : 17 | plan has the vianimous approvel of all first mortgagees, then all of the owners i shall be bound by the terms and other provisions of such plan. Any assessment made in connection with such plan shall be a common expense and made pro rata according to each owner ' s percentage interest in the general cowâ€¢non elements and shall be eum i ~ and payable as provided by the termn of such plan, but not sooner than thirty days 1 after written notice thereof. The Association shall have full authority, right ind power, as attorney-in-fact. to cause the repair or restoration of improvements using ill of the insurance proceeds for such purpose notwithstanding the failure of an owner to pay the assessment. The assessment provided for herein shall be a debt of each owner and a lien on his condominium unit and may be enforced and collected es is provided in paragraph 25. In addition thereto, the Association, as attorney-in-fact, shall have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such assessment within the time provided, and if not $0 P paid, the Association shall cause to be recorded a notice that the condominium uit of the delinquent owner shall be sold by the Association. The delinquent owner Ehall be required to pay to the Association the Costs and expenses for filing the noti:es, -16- 11'IIIIIIIIIIIWD1VTÂ·ak<Â§44)-, 24;kk .. 11~eM~ym~111~174Â¢~Â¥r~*!f~Â·1*N)*â€¢A.M''U,#.0.**e,N#4 <Â· ~~'rd.44 A.A~ f.: - #1Â·. F- f j Ck- L >jo.385 ,. i 968 interest at the ratp Of eight per cent per arâ€¢nm on the amount ot the aLnessment and all reasonable attorney's fees. The proceeds derived from the F.ale of such condominium unit shall be used and difbursed by the Association, as attorney-in- fact, for the same purposes and in the same order as is provided in subparagraph 1 :Â·6 (b) Il) through (51 of this paragraph. .- {d) The owners representing an aggregate ownership interest of eighty per cent, or more. of the general corn.non elements may agree that the general common elements ' 13 are obsolete and adopt a plar. for the renewal and reconstruction. which plan has the unanimous approval of all finst mortgageef of record at the time of the adoption of 2 such plan. If a plan for the renewal or reconstruction ie a:opted. notice of ouch plan shall be recorded. and the expense of renewal and reconstruction shall be payable by all of the owners as common expenges; provided, however, that an owner not a party a to such a plan for renewal or reconstruction may give written notice to the Associa- tion within fifteen (15) days after the date of adoption of such plan bat such unit. shall be purchased by the Association for the fair market value thereof. Â·The Associa- tien shall then have thirty days (thereafter> within which to cancel such plan. If such pian is not cancelled, the condominium unit of the requenting owner shall be i purchased according to the following procedures. If much owner and the Association can agree on the fair market value thereof. then such sale shall be consumnated with- in thirty days thereafter. If the parties are unable to agree. the date when either party notifies the other that he or it is unable to agree with the other shall be I the .commencement date" from which all periode of tilrre rrentionad herein shall be measured. Within ten days fell ewing the corrmiencement date. each party skill nominate ir vriting (and give notice of such nwination to the other party} an appraiser. If either party fails to make such a nomination. the hppreiser nominated shall, within ~ five days after defâ€¢ult by the other party. appoint and associate with him another t.jk apprbiser. If the twe designated or selected appraisers are unable to agree, they shall 49,1 appoint another appraiser to be umpi re between them, if they can agree on such person. . .f im~ If they are unable to agree upon such umpire. each appraiser previously appointed 54:all ~ nominate two appraisers, and from the names of the four appraisers so nominated or.e shall be drawn by lot by any judge of arly court of yecs>zd in Colorado, and the nact 0 3 drawn shall be such umpi re. The nominati ona fror whom the umpire is to be drawn by m 1% ;C lot sho,1 ba submitted within tâ€¢:n days of the failure of the two appraisers to agree, -41 which, in any event, shall not be later than twenty days following the appointment of i j -17- 1 I p:ju,385 :,ii 969 the recand My raiser. The decision Of the appraisers an to th: fair itÂ·arl.et valve. or Â·.n the Cas,e Of their disagreernert. ther such decision of the umpire, shall be final and binding, The expe-â€¢ses and fees of :Uch appraisers shall be borne egually by the Association and the owner. .he sale shall be consummated with,in fifteen days there- after. and the AEsociation, as attorney-in-fact, shall disburse such proceeds for - the #ame purposes and in the same order as is provided in subparagraph (b) (1) through {5) of this paragraph. except as modifieci herein. (el The cwners representing an aggregate ownership interest of one hundred per cent. cr more, of the general common el en,ents may agree that the condominium uilits ore oboolete und that the s.ime ~hould be sold. Subli p] ali i.:unt 'inviÂ· the titi.mi- i mous approval of every first mortgagee. In such instance. the Association shall forth- with record a notice setting forth much fact or facts. and upon the recording of such notice by the Association's Prezident and Secretrry or Assistant Secretary, the entire 1 ~ . premises shall be sold by the Association. as attorney-in-fact for â€¢11 of the owners. free and clear of the provisions contained in this Dechration. the Map and the By- Laws. The sales proceeds shall be appor tioned between the owners on the basis of - each owners percentage interest in the general common elements, and much apportioned b ~ pruceeds shall Â·be paid into separate accounts. each such arcount representing une con- i . deminium unit. Each such account shall be in the name of the As,ociation. and shall S be further identified by the condominium unit designation and the name of Lhc owner . r-om each separate account the Association. as attorney-in-fact. shall use and diâ€¢- burse the â€¢otal amount tof each) of such accounts, wi thout contribution from one 1 account to another, for the /ame purposes and in the same order as im provided in subparagraph (b) 11) through (51 of this paragruph. 29. Personal Property for Common Use. The Association, as attorney-in-fact for all of the owners, may acquire and hold for the use and benefit of all of the co.dominium unit mners. real, tangible and intangible petsonal propprty and :r.a.y di~,pose of the same by sale or othervise. Â·rhe beneficial intere,t in eny such property shall be ownid by all of the kondominium unit owners in the- same proportion 1,5 their respartive interests in the general common elements, and such interest therein shall not be transferable except with a conveyance of a condominium unit. A conveyanc, of a conaominiwn unit shall transfer to the grantee ownership of the grantorts beneficial , iI * interest in such p,operty without any refe, ence l hereto in the deed. tgch cwner may use s:ch property in ace,-dance with the purpose for which it is intended without -16- ~..MR"*Mt#(Â£#.2Â·891,?r"flhe:Mle,VNA . rl - .3 385 142 970 - any reference thereto in thi deed. Each owner may une such propert, in accordal,ce with the purpose for *hich it is intended without hindering or encreeching upon the lewful light.5 of the otheiÂ· owners. The transfer of title to a condominium unit under foreclosure shall enti tle the purchaser to the beneficial interest in such personal property 06Â§0ciated wit.h the foreclosed condominium unit. 30. Recistration of Mailing Address. Each ownar shall register hit mailing address with the Association, a/6 notices or demands intended to be served upon an owner shall be sent by mail, postage prepaid, addressed in the name of the owner *t such registered mailing address. f.r 31. Period of Condominium Ownership. 71,8 separate condominium estates created by this Declaration and the Map shall continue until this Declaration is revoked in the manner and 15 provided ir, paragraph 20 of thi5 Declaration or until terminated if tuÂ· manner and as is provided in subparagraph (c} or (e) of parograph 28 of this r.Â·C].ra- 6 1 1 tion. ~ 32. General Reservations. Declarant reserve. the right to establish easements, G- 1 reservations. eiceptions and exclusions consistent with the condom_inium DVEZIihiR - i 1 1 of the condoninium project and for the best interests of the condominium unit awnen 1 ~~ < end the Aisociation in order to serve the entire Tium project. 33. General. Cal If any of the provisions of this Declaration cr any paragraph, sentence, clause, phrase or word, or .:he application thereof in any circumstance be irvalitated, much invalidity shall not alfert the valjOity of the remainder of this Declaration, and the application of any such provision, piragraph, sentence. clause. phrase or word in any other circumstanres shall not be affected thereby. 1 (b] The provisions of this Declaration shall be in addition to and supplemintal '11 % to the Condominium OwnershÂ» Act of the State of Colorado and to all other provisions ! 3 of 1.w. i 1 (c) That whenever lised herein. unless the conteitt shall otherwise provider ; . 1 4 the mingular number shall irclude the p.ural. the plural the *ingular. an; the we 11 1 5 of any gerlder shall include 411 90,*dens. -2,1- 1- 7 4 -3 i g 4 k ~ f i,4-'' 4 43~.0 -. DA -- Im.â€¢ 1" 217:Â·ELS ,),5.1.2 :-Im, 'eclarant has duly aecuted It,~ Declaration :*#385 ~971 this *\97 day of J)4985&â€¢.. . 1980. M6yl Egan U STATE OF COLORADO ) ) ED CITY & COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 02<224 day of CCLA 1 -L. 1 1980 by Mary K. Egan. .........., :'I''I Witness my hand and official seal. : e. 4. My conwission expires: I9~mmkslon Expires Jmt. 4 1,13 , /7 3.1 1 2.70, 5 f g ... <-*.$- f --8OAa_QÂ¥ _-Ws:2562 (2...18' NOTARY PUBLIC -20- 7 . ....?591 .VAÂ» * i~ .... sooi385 'AfÂ·i972 -. 1 EXHIBIT .2 Â· 4 49 - Legal 1 Lot 31, West Aspen Subdivision, Filing No. 1, County of Pitkin, State of Colorado EXHIBIT "B" 90 1 Appurtenant Undivided I Unit Designation ~ Interest [Parcentagal A 50% , i 1 8 50. 3 . %:f'Â·. 100% , 6 Â« â‚¬ 264,2-076:6'vul~ I 4t *G.? 'Â»t:.. '4,2 A . I - .V '4 * '13*4â€¢ ,*1'M I i *4 4 vi<Dity f.?}it,31 1, 4'tÂ·Â· ~' r 4 y edÂ· W Â·Â·-'1' , r -- - . 1 0. 56,1 ME870 , - 1 AMENDIEENT No. 1 TO CONDONINIUM DECLARATION 1445 SIERRA VISTA DUPLEX OWNERS ASSOCIATION RECITALS ' 1. That the Condaminium Declaration for 1445 Sierra Vista r Duplex Owners Association Executed by Mary K. Egan under date of .t I March 21, 1980 (hereinafter the "Declaration") were filed for , record in the office of the Clerk and Recorder of the County of Pitkin, Colorado on April 3, 1980 in Book 385 at page 952. 2. That the Condaminium Map was Recorded in the Records of the Clerk and Recorder of the County of Pitkin, Colorado in Plat Book 9 at page 25 and the Condominium Units are property identified as Unit 1 and Unit 2 on said map. 3. That Exhibit "B" to the Declarations erroneously refers to the Condominium Units as Unit A and Unit B. AMENDMENT Now, therefore pursuant to the provisions of Article 20, of the Declarations, Exhibit "B" of the Declarations is amended to ~t Read as follows: "EXHIBIT "B" Appurtenant Undivided i Unit Designation Interest {Percentage) Unit 1, as shown on the Condominium Map recorded i in Plat Book 9 at page 25 L of the Records of the Clerk W and Recorder of the County Z ./ 0 of Pitkin, Colorado 50% or Unit 2, as shown on the - Condominium Map Recorded in Plat Book 9 at page 25 of the Records of the Clerk and N ~ Pitkin, Colorado Recorder of the County of 50% 100%" This Amendment may be executed in counter-parts and when so executed shall have the effect of a single, fully executed, 4 Amendment. .. ~ ite $01! r=trr 417Â·; 1 VIA DAVIS MAT 13 12 14 PM '68 PITKI ITY RECORDER r- - 1 . 4 000* 563 %Â£871 Mary K. Egan Joint Venture Mary K. Egan d/b/a Sierra Vista Sierra Vista, II, a Colorado 5 General Partnership By Mary K. Egan, General Partner By (4 - , ,4. I ~â€¢ ; t Donald J. Egan, General *artner Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zela Grynberg Trust, the Stephen ' Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated Oct=oper 1. 1968 BY ~ /.&5- ew L yÂ». (.4 + Celâ‚¬*te C. Grynberg, Truste# 4<(le; 6/ jnk,/6# Deah- C. Smernoff, Trust:414/ Being all of the Owners of ~~ interests in said 1445 Sierra Vista Duplex Condominiums First Federal Savings and Loan Association of Creston Attest: BV Being the Beneficiary of Deeds I of Trust Encumbering both of the Condominium Units of 1445 Sierra Vista Duplex Condominiums - 1 . 2 . :\147 h 1 rt. Â» 41, . -3 80â€ž sooâ€¢ 563 p:GE872 STATE OF COLORADO ) 1 SS COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this 41.3~ day of April, 1988, by Mary K. Egan, individually and d/b/a Sierra Vista Joint Venture aid Mary K. Egan and Donald J. Egan as the General Partners of Sierra Vista II, a Colorado General Partnership. My commission expires '. 1 , 1937. Witness fnky hand and official seal. 7 ' '.2.Â·P,iÂ·tr ' L' 1/,1 A-Bbl Notary Public 9-Q-: <-Â·,Uff 7.<.,t ~91 41.Â·n Â£7 . 0,- Address of Not*Â¥ Public . r.-]22. L STATE OF COLCRADO ) ) SS. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me thisasâ€¢b- day of April, 1988, by Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zela Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968. My commission expi.res â€¢25 -3- 1 , 1935 Witness my }end and official seal. 1-Ul LE 'Â£.Uc, UnÂ¥, Notary Public 42572.5- CALu..â€ž60.Â£ , U Â®214 Address of 15~ary Public STATE OF ) 1 SS. COUNTY OF j The foregoing instrpment was acknowledged before me this day of ,1988 by as and as Of First Federal Savings and Loan Association of Creston. My commission expires , 19__. witness my hand and official seal. Notary Public Address of Notary Public 3 . D ROOM 563 .873 Mary K. Egan Mary K. Egan d/b/a Sierra Vista Joint Venture Sierra Vista, II, a Colorado General Partnership By Mary K. Egan, General Partner BY LUic-7 11.et,Â¢-. 31~4=0,~ - Donald J. Egan, Gehera~jartner Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zela Grynberg Trust, the Stephen Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968 By Celeste C. Grynberg, Trustee By Dean G. Smernoff, Trustee Being all of the Owners of interests in said 1445 Sierra Vista Duplex Condominiums First Federal Savings and Loan Association of Creston Attest: ag20..91(3OJ-- 777.1 11 2' 71: . A A-n./0 /1 Gary L. 4vis, President Marlin E. NeiseÂ¤Aer , Vice President & Secretary Being the Beneficiary of Deeds of Trust Encumbering both of the Condomialum Units of 1445 i Sierra Vista Duplex Condaminiums 2 6 - CITY OF ASPEN PRE.APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429-2778 DATE: 02.28.2011 PROJECT: 1445 Sierra Vista Drive, Height Variance REPRESENTATIVE: Stephen: Stephen@terralinkstructures.com LAND USE REQUEST: Height Variance for fence DESCRIPTION: 1445 Sierra Vista Drive is located adjacent to the Aspen Municipal Golf Course. The potential applicant requests approval to construct a fence entirely contained on their private property that exceeds the maximum height requirement for fences in order to protect their home and its residents from errant golf balls. Section 26.575.050 Fences of the Aspen Municipal Code states: "Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Design Standards (see Chapters 26.410 and 26.412). Fences visible from the public right of way shall be constructed of wood, stone, wrought iron or masonry..." A height variance is under the purview of City Council and is considered a minor application that shall be reviewed during a noticed public hearing. The application shall address the criteria listed in Land Use Code Section 26.314 Variances. Staff recommends that the applicant include a condition of approval that the fence is taken down during the winter season. Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf Land Use Code: http://www.aspenpitkin,com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.575.050 Fences Review by: Staff, City Council Public Notice: Required at City Council. Planning Fees: $1,470 deposit for 6 hours (additional staff time billed hourly at $245/hr.) Referral Fees: Parks( Minor): $212. Total Deposit: $1,682. Pre-application summary 1445 Sierra Vista Dr. Page 1 of 2 To apply, submit the following information: Total deposit for review of the application. Proof of ownership. Completed Land Use Application Form. A signed fee agreement. A Pre-Application Conference Summary. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which 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. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Existing and proposed site plan A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. A written description of the requested variance and an explanation of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 1[LCopies of the complete application packet. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. FROM : PHONE NO. : 3037701718 Mar. 11 2011 08:26AM Pl rowland+broughton architecture and urban design 117 south monarch street aspen, colorado 81611 970.379.0111 cell 970.544.9006 office 970.544.3473 fax www. rowlandbroughton.com 8 March 2011 CRy of Apen Community Development 130 S. Galena Street 3rd Floor Aspen, CO 81611 1'1463Ear: G,y-v -2966 -4/EnT MY<youe-. 1445 S-7 6431* Cki.v LANOUSEN'Fl rATION; Ang; tlglgm VerianoÂ® and PUO Amendment SUBJECT: Cbment Le,ler CC: To Whom it May Concern: This letler sen- as aue,ortzabon lor - ' ' - 2 ~ Agchilectum) ind Urban Design to act as Grynbarg Wrlarn Zela"Trust 3600 S Yoserr- Sleet Sute 900 Derwer, CO 80237 O.r. Rep"/81/Al Sagah B-#on Arctilickâ€¢e and U,ben Design 117 S. Mo-ch Street Aspene CO 81611 Please Contad us wilh any que6tions ?In-ic ALÂ»Glf. rirmi,29*24/ Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Propertv Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential.'Commercial Improvement Detail Land Detail I Pholouraphs Tax Area Account Number Parcel Number 2010 Mill Levy 001 R009473 273511108008 26.708 Owner Name and Address GRYNBERG MIRIAM ZELA TRUST 3600 S YOSEMITE ST STE 900 DENVER, CO 80237 Legal Description Subdivision: SIERRA VISTA DUPLEX Unit: B DESC: AKA UNIT 1 Location Physical Address: ~1445 SIERRA VISTA DR ASPEN Subdivision: SIERRA VISTA DUPLEX Land Acres: Land Sq Ft: k) 2010 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 2,500,000 199,000 Total: 2,500,000 199,000 Sale Date: Sale Price: Basic Building Characteristics Number of Residential Buildings: 1 Number of Comm/Ind Buildings: 0 Residential Building Occurrence 0 Characteristics FIRST FLOOR STORAGE: 56 UNFINISHED BSMT: 80 FINISHED BSMT: 1,570 2ND FLOOR: 363 FIRST FLOOR: 1,256 FINISHED GARAGE: 253 CONCRETE PATIO: 100 WOOD BALCONY: 966 Total Heated Area: 3,189 Property Class: DUPLEX CONDO IMPS Actual Year Built: 1969 Effective Year Built: 2008 Last Remodel: 2010 BedrOOInS: 5 Baths: 5.5 Quality ofConstruction: DUP CONDO 12+ Exterior Wall: WOOD SD GO Interior Wall: DRYWALL Floor: CARPET Heat Type: RAD WATER Heating Fuel: GAS Roof Cover: BULT-UP Roof Structure: GABLE/HIP Neighborhood: WEST ASPEN GOLF COURSE Super Nbhd: WEST ASPEN Tax Infurmation Balance Due as of 9/14/2010 $0.00 Current Year Balance Due VICINITY MAP 8445 SIERRA\/ISTA 4 rk % -0 off *11 loug htf Way 19 *f Ive: King Dr Red Butte Dr ~ Â·c> Pilk'11 M.. Ck eca Dr Â·-Â· t I %44:, f '40 ,(%1-- Homes ta K:. nifico Dr -Pr 21 Mounr- 9 1 ,-i 1 %4171 424 Cr U r -3 tiz.. Bennett A= 0 1 Gf , *O 0 4 46 9 4.1, Red BlItte 0 Cemetery 4 River 1'1, Aspen 6off & 4 Tennis Club QC '1 0 0 0,4 - - r f -9 r: 01 2 9 49 9 1 -- M 8 -J L ...1 Â£ 2 9 N Hth St (82, lilli v North St W Giliespje 57 , 0 lift W Pearl (.t m.2 3 , urt,K St * 5 9 1,1 Sm Ur, r, I $. â‚¬ U .Â·, 1</el. Sr - c EU4 A ~ 'Al,all'do? St 05 1,r, Z V) IX '55 e E 2 7- O '4./ Hoj'. 4 'cr:~ 57 2 2 Maroon Creek Rd %% S W 81'PA.r,r c. W Main St .her I n 9% m 4-1 fo M adcas Ra ke Ave ~ach:lieN E PI,2,4, 0 * Â¢4 rD rD . 8-30 RECEIVED BE 'owland+I roughton architecture and urban design MAR 1 7 2011 17 March 2011 CITY OF ASPEN COMMUNITY DEVELOPMENT Sara Adams - Senior Planner Planning and Zoning 130 S. Galena Street Aspen, CO 81611 PROJECT: Grynberg Residence - 1445 Sierra Vista Drive LAND USE REQUEST: Fence Height Variance CC: Stephen Aragon - Terralink Structures J- CW Dear Sara, 2 3 y Project Description - 2 90 g The existing Grynberg residence was recently remodeled by Rowland+Broughton and Terralink Structures. This fs* remodel did not alter the house's distance or relationship to the golf course and it is in its' original 1969 location. S The owner would like to protect the house and yard from errant golf balls by installing a golf deflection net. The net would be located within their property line. Legal Description - Subdivision: SIERRA VISTA DUPLEX Unit: B DESC: AKA UNIT 1 CO Variance - 26.575.050. Fences - Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Design Standards. This application is asking for a height variance for a fence. The proximity of the residence and yard to the golf course is a constant concern for the owner. The property is located half way through Hole 16 on the Aspen Golf Course. HOLE 16 --4M-49 - - Residence Location This is a prime location for errant golf balls and is a significant hazard to the safety of the multi-generational family. During the course of the remodel, during last year's golf season, at least 45 golf balls were found in the yard or had hit the house. We are proposing the addition of a golf deflection net to be installed on their property. The golf deflection net will be constructed of Redden #970,1" mesh. This material was recommended to us by Steve Aiken with the City of Aspen Golf Course and it does not have a significant visual impact. This material has been used on other houses facing the golf course. Please reference Attachment A. Support poles will be erected within the existing trees to limit the visual impact of the supports. The existing trees are between 15'-0" and 25'-0". The overall height requested is 15'-0" which was the recommended height given to us by Steve Aiken for protection of the yard from the golf course activity while minimizing impact of the poles within the trees. The poles will be steel and finished for minimal reflectivity. Please reference the enclosed site plan for exact locations and dimensions. Thank you for the opportunity to present this project and we welcome any conversation or questions regarding this application. Sincerely, Dana Ganssle, Associate AIA + LEED AP denver ake street #106, denver co 80205 f 303.308.1375 wlandbroughton.com office@rowla monarch street, aspen co 81611 t 970. f 970.544.3 ATTACHMENT A i t 1, 7 4 " -L 22 4:; k 4 . fle.4 2 , . 1 r 1- 1 I. . t .L, .. .. 1 ",0--441 ' * - . . .r6u *Â»Â« ... 0.. SIERRA VISTA Df3!ME GENERAL NOTES rowland + broughton IVEL APRON architecture and urban design GRâ€ž 1. ENTRY 100'-0" = 7859.75 117 s monarch st 3377 blake st, 106 aspen. co 81611 denver co 80205 970 544 9006 v 303308 1373 v 970 544.3473 f 303 308 1375 f 43.4, - PROYEfTUE-Â«~ Â«2~,~ \ -1 Consultants 1 - - _ _ _ UTILITIES EAS~MENT 1 -0 921 Â» I Silverman 1 r FRâ‚¬lfO SETBACK~#~1 13*- \ \ ----Il-- \ Issue l 1 â€¢Im~*1 1 1 \: ;50Â·Â·t: 01,22.2010 CONSTRUCTION SET 4 \% 02.12.2010 100% CONSTRUCTION SET 6 4 :\ %\* \ 49349 \ \i I: S\: - LOT 30 08.13.2010 A CONCRETE ORNE .\ C 0421.2010 A ADDENDUM 1 Â£11 Ii\ ADDENDUM 2 El \\\ \ \ \ 1 20'-8 7 le 1 I LOT 32 ' '354Â»y \\\ = ~4414 GRYNBERG EF>lj - LQI_31 RESIDENCE ~\...I_g_RERL <2*f) I . \ 104' 8 f_~19*1 ctlx A/ 16,028 SF ~ 22'-1 7116' â€¢ I . 1 0.368 ACRES x \3148 T O DECK E-Â«- A /4.19 - 1445 SIERRA VISTA, UNIT 1 4 /I/;7- 1 4 - 1 // PAY 24*1 1 ASPEN, CO 81611 4 .. 96Â« 1, 21 11\ 0 1-Â» 44 10,0. 2 4 9 N=A/k \ ~h~,=_ 8" - 10" DIAMETER STEEL POLE 9 -1 - /=24 /00 r--Â».....4-_ PROPOSED GOLF NET It 10 6 1% 1 /=- % \ 11 126 1 L_j \ _-_-_.,,PE---4----RE-i~aRESETBACK 2966 ------------ ----&32Â«N------1/<. PROJECT NO DWG FILE I I. ' I X.[ PROPERTIPNE- 2966_Al-1 dwg - - 1 Al. M SHEET TITLE ASPEN GOLF COURSE PROPOSED - PROPOSED 23 < 1 ~ SITE PLAN SITE PLAN \ All / SCA.E 1 10 NORTh SCALE: 1"=10 Al.1 NIM=,&,M-:-%*1'Ul E YARD SETBACK T M ScOPE 3Nll All13Â£!Old :,2//li' C.ler;60.~%~*.-I * SIERRA VISTADRIVE GENERAL NOTES rowland + broughton architecture and urban design GRAVEL APRON 1. ENTRY 100'-0" = 7859.75 11/ s monarch st 3377 blake st. 106 aspen. co 81611 denver co 80205 970 544 9006 v 303 308 1373 v 970 544 3473f 303 308.1375 f Â»k A -462&1\1 411~ -- *0Â£gUY_:% : \ - \ --1 Consultanls - W -ure-nises<REN A.- i - -e - \\\\ i I Silverman DESIGN 1 41 \J --1-- 't'r' ) 111197 f\SPHAJ ~' 110. "~ Issue DRIVEWAY J \% > 5-0,1 1 01.22.2010 CONSTRUCTION SET ADDENDUM 1 Â£11 02.12.2010 1 1 1 S\ 100% CONSTRUCTION SET 4\i 04.21.2010 A A 0 08.13.2010 A \4 2 CONCRETE RNE + LOT 30 1 - ADDENDUM 2 zil \\ \\ ... 11 / 6 1 1 -16.\ ~IN<-ITn-, 1 1 443* LOT 32 - 11 <tapr \\\ U GRYNBERG fiv --1 -L ~ LQI-31 RESIDENCE 16,028 SF i: ,A=:42>a-.1 -4 A Â»a~ Â¥-17, 0.368 ACRES %46.91 T O DECK 1445 SIERRA VISTA, UNIT 1 47<30&1 ASPEN, CO 81611 4=Â«\ Amel 4 E / U. 4 .\ 72Â«y \ k loto' 1 T c. 4,7 - 43/ 44 ~ 1 CD ' \\ 1 1. - t.1.9-7 1_1 1 REAR YARD SETBACK M 1% A _~4-- 6 PROJECT NO Â»7/%4---CH=-X DWG FILE 2966 Al-1 iwg PROPERTY LINEE /0 1 - ~~~~:~ SHEET TITLE P:Res,@6=Ex\Gl-/ 14â‚¬, ASPEN GOLF COURSE - PROPOSED ( 1 ~ SliEPLAN SITE PLAN 1-Â© 4 \All/ SCAL ElÂ·~â€¢QÂ· 23 NORâ„¢ SCALE: 1"=10' Al.1 i,*9516/f/ITYâ‚¬f ALH3dOhld 4, m.88_/4-0.r-r.M* / 1â€¢u . 3 . r ALTA/ACSM LAND TITLE SURVEY : & 3535 0 :1 & 0 0 z.rx. SIERRA VISTA DRIVE A PARCEL O F LAN D SITUATED I N TH E N E 1/4OFS ECTION 11, . 90 :13 %01 - COUNTY OF PITKIN, STATE OF COLORADO 305 0 2 3225 . 1.7 M 6%26 (60' RAW) r TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. rb a F REJEC~ Fal O I :LiWO 22 00 0 M<[th= ~3 1 11 i~p~ / - U: amut --- 3 375 3 f- I \\1// 11 1 ---- m 8=7'44'36 . P l//// - , 63 R=680,00' Nâ‚¬ < 12" CONIFEROUS '' - C ... 1-- SITE BENCH HARK eftiof p A /2-0- /2/91 -- 15' DRIP LINE j REBAR & CAP - 7867 - L=91.90 (2*=2425â‚¬4144Â¥/ 41 1 LS#9184 (//05 ELEÂ¥' 7858.90 It T=46 02' EA ~llt 1 -PGE- X - 1 CB=N80'56'23"E LEGEND Z d C=91 83' ;1Â» \ w [IE MAILBOX x 10 DECIDUOUS 1 1 TELEPHONE PEDESTAL 10' DRIP UNE -fiff40 -1 11, 05 REBAR & cAP ~ 10 0' UTILITY EASEMENT-n ILLEGIBLE (FND) 8 CLEAN OUT Z 1Â· ! ELECTRIC METER 0 (2)10~ DECIDUOUS , U) 0 r-- 2 10' DRIP UNE \ 1 0 10~ DECIOUOUS '70 0,2~ 31 ,-Â«~ -1- -/2-- -\ \ \\, - ...1.' f , O 1, .g A\ CATI PEDESâ„¢ 1 Lid , . 0 D GAS METER / 10' DRIP UNE 1 \\1\ BENCH MARK DATA ~ uÂ»- - - 6-07 BOLONG SEâ‚¬iEK . ~ -C-~___~_-~ ~ ~ ASPIAL'F DRIvEWAY \' ' GRAPHIC SCALE - CITY OF ASPEN - '\ GPS CONTROIL MONUMENT GPS-20 . a A. P INTERSECTION OF - - 0 19- NORTH SEVENTH STREET & WEST FRANCIS STREET ~ 1 LOT AREA ELEIATiON. 7906.45 ( IN FEET) 1 Inch = 10 ft 16.028 S.F. . ZIQ 0.368 ACRES :r < 1 > R v :9 I ,,,z / 6*t 1/ > W lili :2.== 4944 ~ ', CONCRETEd \\\ UNITS 1 AND 2 OF THE CONDOMINIUM HAP OF SIERRA Vl STA DUPLEX. ACCORDING TO BE PLAT THEREOF RECORDED AUGUST a 1986 N PLAT BOOK 9 AT PAGES 25-28, COUNTY OF PITKIN, STATE OF COLORADO UNIT 2 DRIVE J . LO 3 30 2Â·STORY â€¢ v. 1 \,Â·11,14 1 \-I FRAME HOUSE & GARAGE 5' UE -1 - -- 1445 SIERRA VISTA DRIVE ' . . 1 1 __---t-- - 1.-----~ 21.0 IE . ~A-1Â¢ 31~* 1 1 1 /013 NOTES -0 1/0 N un -Â©4 1 1,1 ./ O. 1 2 1 6 - 923 - I. 1 BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF 92Â·55'58"E BETWEEN THE NORTHEAST r 6,4 /3 No@ 8 CORNER Of LOT 31. A REBAR AND CAP LS 9184 FOUND IN PLACE AND THE SOUTHEAST CORNER OF . MISHOLD 0 LOT 31. A REBAR AND CAP LS NO 9184 FOUND N PLACE AS SHOWN HEREON P 10,-0 7859 36 4 1, i it ~ 1 7 2. DATE OF SURVEY OCTOBER 30. 2009 %'81 5 1/ \ A )1 1 O/ A 612 3 LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S SURVEY FEET 691 5 /1 .2 72 m 1 1 421+ CHIMNEY 4 THIS SURVEY IS BASED ON THE CONDOMINIUM MAP OF SIERRA VISTA DUPLEX RECORDED APRIL 3 1980 IN PLAT BOOK 9 AT PAGES 25 28. THE PLAT OF WEST ASPEN SUB[nISION FILING 1 AND LOT 32 , R CORNERS FOUND IN PLACE AS SHOWN HEREON. %\ WEST ASPEN SUBDIVISiON //\\ 2 5 THIS SURvEY WAS PREPARED WITAOUT THE BENEFIT OF A ITLE COMMITMENT. THEREFORE. ANY EXCEPTIONS TO n TLE THAT MAY AFFECT â„¢E SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY HIGH COUNTRY .- 18Â® 2 1 ENGiNEERING. INC Z *32 2 FILING 1 : =Â·Â»Jf' 27 1,7-(3)10~ DECIDUOUS 1 (3)6" DECIDU01115n<-6"U / D -0// V Ht/ 12' DRJP LINE . 8' DRIP LINE~2 Â·lut- ' 6 ELEVATiONS SHOWN HEREON ARE BASED ON THE CITY OF ASPEN GPS CONTROL MONUMENT MARKED O Gws O 447*%~ UNIT 1 /Â» h . M J , /..I-LI iISTORY 0*4 \ >5(434 O -dw 0 1 4-k--pt.~A (NAVD88) O 0 Z /Â»1' INÂ·,prN,-1, FRAME HOUSE & GARAGE 41~ //tioN 4 0 Â»- 1445 SIERRA VISTA DRIVE / a-4 ~ 7 CONTOUR INTERVAL EQUALS 1 FOOT I 1 - d / + 5' DIP LINE -9/45 e 1 44~4 (2)4" DECNDUOUS 14,1//1 \ 02-X j z \ \1 / / Ut pa,-,eÂ·Â·s 92 41 % -FLAGSTONE WOUU WAL.in 1 U~I.-9.-4 ' 1 <Â« 3'fÂ»Â·3\4 STAIRS 1 ,/A , -* /0/ r m. >Â·41:2 4 \Â¥1- WALKWAY UPPER 04\ r coâ€¢FERous 3*5 2 1 21 7 4 %4 IN 7/41.2 WOOD DECK z // 41*~' omP UNE -413\ \, ifkf (4) 6 ~~IDUOUS = I CONIFEROUS %, ~ UU.~.St 444 *Â¥4 , P.044'. 51 SURVEY CERTIFICATION 15' DRIP UNE UPPER / 0-4.7-4- L 8' DRIP UNE woOD DECK ~ .'*frints .U'YL&SL 9 8 TO. ROWLAND & BROUGHTON ARCHITECTURE 1 // r 44,, \ , r CONFEROUS 10' MP UNE /Â»7/35> - \ f â€¢ 1 THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE "MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE . ' I 2858 ~ SURVEYS." JOINTLY ESTABUSHED AND ADOPTED BY ALTA AND ISPS IN 2005. AND INCLUDES ITEMS ' 4, Iv'/A-- 9. Â· Â·Â· 8' DRIP UNE STANDARDS AS ADOPTED BY ALTA AND ISPS AND iN EFFECT ON THE DATE OF ThIS CERTIFICATION, 2)6' DEaDUOUS 1,4,5,6. 7(0),8, 10, 11, 16, 17 AND 18 OF TABLE A THEREOF PURSUANT TO THE ACCURACY LOT' 31 -'.* 1 L l FkmA MEETS THE MINIMUM REQUIREMENTS OF 1 PAR- iN 10,000 -77lm<P-- , ~-'1 NEST Â£ 9.2. EUE:,Â·: Â·Â· itÂ·,1,wr. 1,1 DECIDUous 112.'AONIFEROUS 2 0- % fj F. -/r.u : R.R TIE 2*~*3~7__ i~~E TO ORIP UNE .,r 10' .IP LINE BY: __3*i~1~~~~7**;p g RETAINING : T.8 3 FRANK W #REC>UiGTON LLJ # 98 WALL5 . CON1FEROUS 10 DRIP UNE -'--2 Mk%% ~,R ' les c!: 1 -1 04 U a . CL .7 1. 0 /~ilÂ·.2233"w~ /H lia. 219.92_BUIL@BiLSIBCK * 6=1'21'52" \ - 2 ~ ~r#/1/./144 - 20 82 R=210.00' 1 , ~ #f7Â£*1 \ 1 A REBAR & CAP 9 m b L=5.00' 1=2.50' 100' Unt,TY EASEMENT __ _ 8 % / I -L ' 585'39'00"W / -- 14165+ ---109.00' CB=559'00'55"W ~-Â·caâ‚¬-CI LS#9184 (FND) r - 6=5.00' 4 t- < PROPERTY DESCRIPTION 7,â‚¬*1-2 Â»>0Â·fal Zy.;f)!.Pvly>,4 r.â€¢10 ie~j. ,/ ------- GPS-20 HAV.NG A PUBLISHED ELEVATION OF 7906.45 NORTH Ak,IERICAN VERTICAL DATUM OF 1988 \\ 9, REGISTERED IN THE STATE OF COLORADO, THE RELATIVE POSITIONAL ACCURACY OF THIS SURVEY UNDERSIGNED FURTHER CERTIFIES THAT IN MY PROFESSIONAL OPINION, AS A LAND SURVEYOR -- 0 1 CLERK AND RECORDER'S CERTIFICATE JO 4 THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF 1+E CLERK AND RECORDER OF PInk* COUNTY AT *3** 7786 ; ~ \ CSÂ» CONIFEROUS ASPENi GOLF COURSE LRE8+AR & CAPÂ«\ ~ i ,~91 -984 05,14 40 O'CLOCK__ U , ON THE ~_ DAY Of_________ A.D 2009. AND G DULY RECORDED IN BOOK PAGE _~__. RECEPTION NO 5' DRIP LINE PROJECT NO LS#16129 (FNQ144'06/ Yh, *-- I f 1Â£1 -REBAR & CAP JU,12 *hw'# - ==3~ 6 DEODUOUS LS#7168 (FND) A / .. 1 \\ 1 Lr DECIDUOUS ~>~~~ 6 DRIP LINE CLERK AND RECORDER 2091657 6' DRIP LINE ~/\ ./.I DEPUTY / 8Y NOnCE ACCORDING TO COLORADO LAVI YOU ~JST COMMENCE ANY LEGAL. (2)10 CONIFEROUS ACTION .ASE' UPON ANY DEFECT Â»4 THIS SUR,EY *N THREE YEARS 15 DRIP LINE AFTER YOU FIRST DISCO~'ER SUCH DEFECT . /10 'INT ...ANY ./0 BASED UPON ANY DEFECT JN THIS SUR,SY ~E COMMENCED â€¢(ORE THAN TEN 1 OF 1 YEARS FROW THE DATE OF 'InFICAnoN .0- HEREON >Idal UC]IALIM S1331-IH I/3>03/ 999Â£- - ~ OISIA]JI 41.Ve Â·ON ONI'9Ni&133Ni9N 00Â£59 [ L SSâ‚¬/*S 1'23"W 155-23 -38,135 Ealle-,0 r ~ 3231133.1.IHOHV NOIHS 8 9 CINVIAAOM OOVMO-100'N >ida 0& rvil':01139 33,GOEd)'ll(31Â¥08 6OOZ-6-2 L ~ WSOV/V Title Pro LLC Order: 1445 SIERRA VISTA DR PITKIN Comment: Tuesday, June 14, 2011 09:21 AM State County Type Document Information Print Description CO Pitkin Document - DocID 566699 Complete 2 Page(s) nECE'40 2 JUL O 1 toll CITY OF ASPEN COMMUNITY DEVELOPMENT 1.1 RECEPTION#: 566699, 02/02/2010 at 08:45:48 AM, 1 OF 2, R $11.00 Janice K. Vos Caudill, Pit County, CO SECOND AMENDMENT TO CONDOMINIUM DECLARATION FOR 1445 SIERRA VISTA DUPLEX OWNERS ASSOCIATION This Second Amendment to the Condominium Declar*on for 1445 Sierra Vista Duplex Owners Association ("Second Amendment") is made this 25 day ofÂ¢ IMA 2010. WITNESSTH: WHEREAS, Mary K. Egan, the Declarant, caused to be made and recorded the Condominium Declaration for the 1445 Sierra Vista Duplex Owners Association ("Project") in Book 385 at Page 952 of the records of Pitkin County, Colorado, the First Amendment to the Condominium Declaration in Book 563 at Page 870, (collectively the "Declaration") and the Condominium Map thereof recorded in Plat Book 9 at Page 25 (the "Original Condominium Map"), and WHEREAS, by signing herein and recording this Second Amendment to the Condominium Declaration for the 1445 Sierra Vista Duplex Owners Association ("Second Amendmenf'), the current owners of at least an undivided sixty percent (60%) interest in the common elements of the condomihium units in the Project approve this Second Amendment to allocate the allowable Floor Area, as defined in the City of Aspen Municipal Code (the "Code") dated January , 2010, and - O/k WHEREAS, the current owner of Unit 1 is commencing a project to expand said Unit to its maximum allocated Flo6r Area as established below, and WHEREAS, Paragraph 20 of the Declaration imposed a requirement of the affirmative vote of not less than owners owning sixty percent (60%) undivided interest in the Common Elements to effect the result sought; and, the Declaration may be amended from time to time upon the affirmative vote of not less than sixty percent (60%) of the ownership interest in the common elements with the consent of all First Mortgagees of condominium units, and WHEREAS, one-hundred percent (100%) in interest of the Owners have voted in favor of this Second Amendment by signing herein and recording this Second Amendment; and, there are no First Mortgagees, and Now, therefore, the following Amendment is hereby made to the Declaration: 1. All definitions contained in the Declaration shall have the same meaning herein. 2. The total allowable Floor Area for the Project, as defined in Section 25.575.020(A) of the City of Aspen Municipal Code, and pursuant to Section 26.710.050(D)(1), Floor Area Ratio for the R-15 (Moderate Density) zone district, Description: Pitkin,CO Document - DocID 566699 Pager 1 of 2 Order: 1445 SIERRA VISTA DR PITKIN Comment: - - RECLPTION#: 566699, 02/02/201 n at 08:45:48 AM, 2 OF 2, Janice K. Vos Caudill, Pitk :ounty, CO Second Amendment for 1445 Sierra Vista Duplex Owners Association is 4,982 square feet. The allowable Floor Area is based on a total lot area of 16,026 square feet pursuant to the Code dated January _, 2010. 3. The Association has agreed to allocate 2.439 square feet of Floor Area to Unit 1 and 2,543 square feet of Floor Area to Unit 2. This allocation shall be in perpetuity. 4. If the allowable Floor Area for the entire Project, pursuant to the Codes is increased by the City of Aspen (the "City"), then Unit 1 and Unit 2 shall split any excess with one-half (1/2) of the additional square feet of Floor Area to be allocated to Unit 1 and one-half (1/2) of the additional square feet of Floor Area to be allocated to Unit 2. 5. Unit 1 shall not have to be changed or modified to provide the Floor Area allocated to Unit 2 in this Second Amendment in the event a there is a decrease in the allowable Floor Area for the entire Project as the result of a change or amendment to the Code. The owner of Unit 1 shall not have to compensate, or in any other way be liable to, the owner of Unit 2 should such decrease result in a loss of Floor Area available for Unit 2. IN WITNESS WHEREOF, the undersigned have executed this First Amendment on the day and year above first written. 50% undivided interest in the Ajo,CAJOUA. :r of Unit 1 Common Elements Â£tiÂ»-' a -- h 09 41Â¢ Â»6>ov + 0 50% undivided interest in the gl;tuÂ·0'~04'l *9&Â¢I;*46 Owner of Unit 2 Common Elements A STATE OF L--Â¢AotA-dtd' )SS. COUNTY OF 2:bl.Â»~ ) The foregoing instrument was acknowledged before me thisig/day of ~z.Â·Â£Â·y , 2010 ,hy 04 velf-4~ 2- ALL+ Bâ‚¬ I '6.-Â·- /3Â«:Â£2~E- u *12. C , -52- all. 71- Witness my hand and official seal. My comrnisdon 5*res. // 7 ,~ 3-0 1*- / Notary Public ...- 20 iD .5 .5,1 ...t, IN 2, ... <C . y 1.>\ '.2,0~â€ž,0....(0 STATE OP ( Â»4-,-uL j =- 2 - 2----,3.4,-- E )SS. <6-9.44/~.4 9.8 2 Description: Pitkin, CO Document - DocID 566699 Page: 2 of 2 Order: 1445 SIERRA VISTA DR PITKIN Comment: 10 ./ . Marketing Department 950 South Cherry Street, Suite 1220 Denver, Colorado 80246 Office: 303.837.9171 FIRST INTEGRITY Fax: 303.265.9009 lilli C C) 41 1' AN N www.fitallc.com Short Form Ownership and Encumbrance Report Request Name: Terrence Burns Company: Phone: Fax: Email: t.burns@qrvnberq.com Property Address: Unit B, 1445 Sierra Vista Drive, Aspen, CO Parcel ID: 273511108008 Legal Description: See Exhibit "A" Ownership Information Mary K. Egan, an undivided 50% interest and to Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zela Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements deted October 1, Owner(s): 1968 an undivided 50% interest, Certified Date: 6/13/2011 Vesting Deed Recording Date: 5/13/1988 Reception #: 300116 Encumbrance Information (encumbrances prior to vesting deed may or may not be noted) Deed of Trusts or Mortgages: None. Judgments & Liens: None. Bankruptcy Info: None. THIS REPORT IS FOR INFORMATIONAL PURPOSES ONLY. THE L.IABILITY OF FIRST INTEGRITY TITLE AGENCY LLC (HEREINAFTER "THE COMPANY') IN ISSUING THIS REPORT IS LIMITED TO A MAXIMUM AMOUNT OF WHAT WAS PAID FOR THIS REPORT. SUCH LIABILITY IS FOR REASONABLE CARE IN MAKING THIS SEARCH. THIS REPORT IS NOT AN ABSTRACT OF TITLE OR A TITLE INSURANCE COMMITMENT OR POLICY AND SHOULD NOT BE RELIED UPON IN PLACE OF SUCH. IT IS NOT THE INTENTION OF THE COMPANY TO PROVIDE ANY TYPE OF EXPRESS OR IMPLIED WARRANTY, GUARANTY, OR INDEMNITY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE REPORT. IF THIS REPORT IS TO BE USED BY THE CUSTOMER AS THE SEARCH REQUIRED IN ORDER FOR THE CUSTOMER TO ISSUE A TITLE INSURANCE COMMITMENT OR POLICY, OR IF THE INFORMATION CONTAINED IN THIS REPORT IS RESOLD, THE CUSTOMER DOES SO AT THEIR OWN RISK. IN ORDER TO OBTAIN INFORMATION FROM THE AGENCY WHICH WILL CARRY THE FULL LIABILITY OF A TITLE INSURANCE COMMITMENT OR POLICY, THE AGENCY WILL ISSUE, IF REQUESTED, A COMMITMENT OF TITLE INSURANCE AND WILL CHARGE A FEE IN COMPLIANCE WITH RATES FILED WITH THE APPROPRIATE STATE OFFICES. Please change the following in the 0&E report (Original): 08Â£ reports are available at the cost of $5 in the following counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld. 0&Es in other counties are available at a cost of $150 .00 We appreciate your business! EXHIBIT "A" UNIT 11. Al,SO KNOWN AS UNIT 1, 1445 SIERRA VISTA DUPLEX CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT BOOK 9, AT PAGE 25 AND CONDOMINIUM DECLARATION RECORDED APRIL 3, 1980 IN HOOK 385 AT PAGE 952 OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO. IT IS THE INTENT OF THE GRANTORS TO CONVEY THAT CERTAIN CONDOMINIUM UNIT IDENTIFIED AS UNIT 1 ON THE CONDOMINIUM MAP RECORDED IN PLAT BOOK 9 AT PAGE 25, BEING THE MOST SOUTHERLY OF THE TWO CON DOMINIUM UNITS SHOWN ON SUCH MAP Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, April 19, 2011 2:11 PM To: 'dana@rowlandbroughton.com' Subject: Grynberg variance request Hi Dana: I was out of the office last week and just got back. I just looked overthe subsequent materials you submitted and the proof of ownership does not meet our minimum requirements. My letter dated March 22nd noted that that a disclosure of ownership in the "form of a current certificate of title from a title insurance company or attorney licensed in Colorado" was required. Sorry but copies of deeds do not meet the requirement. Let me know if you have any questions. Kind regards, Jennifer Je,unUEr Phe,lave, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 -jet:t *St THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 22, 2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0016.2011.ASLU - 1445 Sierra Vista. f ~hiour Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Please provide appropriate disclosure of ownership in the form of a current certificate of title from a title insurance company or attorney licensed in Colorado. 2) Responses to the Variance review criteria (section 26.314.040 A.). 3) A letter of consent from the HOA with regard to the application. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. J Your Land Use Application is complete: If there are not missing items listed above then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. /1 -# U I Â¥Nk&4< UU=- firlifer PAek, Deputy Director City of Aspen, Community Development Department For Office Use Onlp Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes - NO..22~_ Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No<~ Commercial E.P.F. - 0 00, 0 rb (n 2 :3 71 im 2 RECEIVED - *ilii' + 4 7138 E9E rowland+broughton APR 1 2 2011 0 architecture and urban design CITY OF 2) COMMUNITY D ASPEN EVELOPMENT Project: Grynberg - 2966 Subject: Completeness of Variance Application Date: 12 April 2011 To: Sara Adams From: Rowland + Broughton Architecture and Urban Design Via: Hand Delivery Attachments: See below 8 W If you do not receive all attachments listed above please call immediately. 2% CD Hello Sara, Attached please find the following for case number 0016.2011.ASLU - 1445 Sierra Vista: â€¢ Disclosure of ownership â€¢ Revised Letter addressing the Variance review criteria â€¢ A letter of consent (in email format) Thank you and please contact us if you need additional information. Dana Ganssle, LEED AP + Associate AIA Page 1 of 1 s b~aokne~rc3517Â£6336EnvecrZEâ‚¬Urâ‚¬,~9 Â°SFi3726%3263847375 0 - ..727et owland+hroughton architecture and urban design 17 March 2011, revised 12 April 2011 Sara Adams - Senior Planner Planning and Zoning 130 S. Galena Street Aspen, CO 81611 PROJECT: Grynberg Residence - 1445 Sierra Vista Drive LAND USE REQUEST: Fence Height Variance CC: Stephen Aragon - Terralink Structures Dear Sara, Project Description - The existing Grynberg residence was recently remodeled by Rowland+Broughton and Terralink Structures. This remodel did not alter the house's distance or relationship to the golf course and it is in its' original 1969 location. The owner would like to protect the house and yard from errant golf balls by installing a golf deflection net. The net would be located within their property line. Legal Description - Subdivision: SIERRA VISTA DUPLEX Unit: B DESC: AKA UNIT 1 Variance - 26.575.050 Fences - Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Design Standards. This application is asking for a height variance for a fence. The proximity of the residence and yard to the golf course is a constant concern for the owner. The property is located half way through Hole 16 on the Aspen Golf Course. HOLE 16 0 ....14- 19 Residence Location This is a prime location for errant golf balls and is a significant hazard to the safety of the multi-generational family. During the course of the remodel, during last year's golf season, at least 45 golf balls were found in the yard or had hit the house. We are proposing the addition of a golf deflection net to be installed on their property. The golf deflection net will be constructed of Redden #970,1" mesh. This material was recommended to us by Steve Aiken with the City of Aspen Golf Course and it does not have a significant visual impact. This material has been used on other houses facing the golf course. Please reference Attachment A. Support poles will be erected within the existing trees to limit the visual impact of the supports. The existing trees are between 15'-0" and 25'-0". The overall height requested is 15'-0" which was the recommended height given to us by Steve Aiken for protection of the yard from the golf course activity while minimizing impact of the poles within the trees. The poles will be steel and finished for minimal reflectivity. Please reference the enclosed site plan for exact locations and dimensions. Variance Review Criteria - 26.314.040 Standards Applicable to variances. 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; This application facilitates the ability for active recreational use to be adjacent to residential use, fostering as the AACP states: "balanced harmony." This golf net should be considered a "low-impact" solution in terms of visual continuity of natural resources. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; The seasonal use of this golf net will ensure the positive use of the outdoor living space. At present the parcel is directly impacted by the golf course use. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience... The parcel sits at the elbow of Hole 16. This location, in the direction of play, means that an unusual amount of golf balls end up in the yard and hitting the house. Any residence situated on a golf course can expect the occasional ball, however, due to this parcel's location; there is increase and therefore a need to screen the yard. The owner's ability to enjoy the outdoor space is dependent on the safety of the parcel. Thank you for the opportunity to present this project and we welcome any conversation or questions regarding this application. Sincerely, Dana Ganssle, Associate AIA + LEED AP 2 of 2 r Dana Ganssle From: Sarah M. Broughton Sent: Monday, April 11, 2011 9:45 AM To: Dana Ganssle Subject: FW: GRYNBERG - Variance Package Great, see below! Sarah Broughton aia/principal rowland+broughton architecture and urban design 117 south monarch street aspen, colorado 81611 970.379.0111 cell 970.544.9006 office 970.544.3473 fax www.rowlandbrouqhton.com From: esbick@aol.com [mailto:esbick@aol.com] Sent: Monday, April 11, 2011 9:36 AM To: Sarah M. Broughton Subject: Re: GRYNBERG - Variance Package IThanks for the information regarding the net. This e-mail serves as our approval for you to install the golf net per your , 'attached plans at the property at 1445 Sierra Vista, Aspen, CO. Susan Bickert and Carl Bickert -----Original Message----- From: Sarah M. Broughton <sbroughton@rowlandbrouqhton.com> To: esbick <esbick@aol.com> Sent: Mon, Apr 4, 2011 2:32 pm Subject: RE: GRYNBERG - Variance Package Hi Sue, The net will only be up during the golf season and will come down in the winter. There will still be open access from the Grynberg's side to the golf course so that they don't have to cut through your yard. Please let me know if you have other questions. Thank you! Sarah Broughton aia/principal rowland+broughton architecture and urban design 117 south monarch street aspen, colorado 81611 970.379.0111 cell 970.544.9006 office 970.544.3473 fax www.rowlandbrouqhton.com From: esbick@aol.com [mailto:esbick@aol.com-] Sent: Monday, April 04, 2011 12:48 PM To: Sarah M. Broughton Subject: Re: GRYNBERG - Variance Package 1 I was able to open it and we looked at it last night. We don't have any concerns about the look or seeing it from out house but we concerned about access though our yard to the golf course. It says it is a net. Do you mean a wire screen or an actual net and will be up or down in winter time. Sue -----Original Message----- From: Sarah M. Broughton <sbrouqhton@rowlandbroughton.com> To: esbick <esbick@aol.com> Sent: Sun, Apr 3, 2011 5:43 pm Subject: FW: GRYNBERG - Variance Package Hi Sue, This attachment shows a plan of where the fence is going and the letter gives the stats on height. Please let me know if you have trouble opening. Thank you! Sarah Broughton aia/principal rowland+broughton architecture and urban design 117 south monarch street aspen, colorado 81611 970.379.0111 cell 970.544.9006 office 970.544.3473 fax www.rowlandbrouqhton.com From: Sarah M. Broughton Sent: Thursday, March 24,2011 2:02 PM To: esbick@aol.com Cc: Celeste Grynberg; Keith Brand; Dana Ganssle Subject: GRYNBERG - Variance Package Hi Sue, Hope you are well! Touching base on a few items: 1. Front door hardware. We installed as a mock-up a smaller knob on the Grynberg side. It is much easier to open and Celeste has approved it to be installed on all of her exterior doors. Do you want to try it next time you are in town or should we replace yours? 2. Keith, can you get Sue in the loop on what is happening with the locking of the front door? 3. Golf net. Please find attached a variance request to the City of Aspen to install a transparent golf net on the Grynberg side. It is 100% not seen from your house. As you will see in the letter, we had many golf balls entering the yard that need to be mitigated before someone or something gets hurt! We need your approval for this variance. If you agree and can copy and clip the language below into an email back to me with your approval, we would appreciate it! We are aware and approve of the addition of a golf net as proposed by the Grynberg's. Thank you and hello to Jock! Sarah Broughton aia/principal rowland+broughton architecture and urban design 2 t i iD#Peritil Pitkin County, Colorado Janice K. Vos Caudill Clerk & Recorder 530 East Main Aspen, CO 81611 State of Colorado County of Pitkin I, Janice K. Vos Caudill. County Clerk and Recorder in and for said Pitkin County. in the State of Colorado aforesaid, do hereby certify that the foregoing is a full. true and coi-rect certified copy of: Reception # Document Type Record Date 300115 BARGAIN & SALE DEED 5/13/1988 Given under my hand and official seal on 4/1/2011 9 08.49AM ' (4,/,- 464,- 1.027 Clef-k & Recorder C: ' 1,4 1 t l 1\ 43.Â·Â·~~ - ~ j.Ii,2Â·Â·Â·El A U*- U--Y- / 61 fli~ 0.' ,..:7 .d :.4 0 D%Â« L-/ ' 44Â¢' '4441 D C ..1 'i. 4 - f 1 STATE DOCUMENTARY 1-1Â·T 18..4 coo~ 503 mgÂ£877 ' '0 2) 1 3 1928 i -3# BARGAIN AND SALE DEED D t- 61 KNOW ALLMEN BY THESE PRESENTS, That Celeste C, Grynborg and Dean G, 121 1 0 4, B e 2 3 Smornoff, Trustoes of the Miriam Zola Grynhorg Trust, the Stephan ['13 o: Li fl: w 4 Mark Grynberg Trust and Lhe Rachel Susan Glynborg Trust under E-:': lili\, Trust Agreements dated Oct obe i 1, 1968, of tÂ·,he County Of 1 0 ,Â·Â·Â·, r" Ai-apahoe, and State of Colorado, for the consideration ot Ton i ~ dollars and other good and valuable consideration, in hand paid 2 hereby soll and convoy to Sierra Vista II, a Colorado General Partnership whose legal address is Suite 1400, 650 South Cheri-Y Street, Denver, Colorado 80222 of the County of Arapahoo, and the State of Colorado, the following real property, situate in the County of Pitkin, and State of Colorado, to wit: UNTT A, ALSO KNOWN AS UNIT 2, 1445 SIERRA VISTA DUPLEX CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT i BOOK 9, AT PAGE 25 AND CONDOMINIUM DECLARATION RECORDED APRIL 3, 1980 IN BOOK 385 AT PAGE 952 OF THE RECORDS OF THE CLERK AND ~~ RECORDER OF THE COUNTY OP PITKIN, STATE OF COLORADO. IT IS THE INTENT OF THE GRANTORS TO CONVEY THAT CERTAIN CONDOMINIUM UNIT IDENTIFIED AS UNIT 2 ON THE CONDOMINIUM MAP 1 RECORDED IN PLAT BOOK 9 AT PAGE 25, BEING THE MOST NORTHERLY OF THE TWO CONDOMINIUM UNITS SHOWN ON SUCH MAP F.lill. 1 with all its appurtenances. < also known as street and number, Unit A, 1445 Sierra Vista Drive, , Aspen, Colorado ~ ~ i Signed and delivered thist#.~~ day ot April, 1988. Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam ~ E 33 I Zola Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel U ' U. Susan Grynberg Trust under Trust CE r-1 Agreements dated October 1, 1968 C\, 1 --- By ~v~ ./C -UU ( 564 c/Y~-A~ 4 X- CO .r- 512 -. I- ti t -2 -C@leste C. Grynberg, Telistep 4- ..4-2 By ~2â‚¬ i t~ 311202/U~ i Â·. r Dean G. Smernoff, Tru/Pe 11Â· 35. liu.:. 94: 1 STATE OF COLORADO ) I )SS. County of Arapahoe ) The foregoing instrument was acknowledged before me this 21536= 1...D< day of April, 1988, by Celeste C. Grynberg and Dean G. Smernoff, 9 Trustees of the Miriam Zola Glynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Â·Trlist Agreements dated October 1, 1968. t 1 : 1 My commission expires .9 3 , 19~~. Withess my h'and'' and official seal. ,1 - / >4444- I >;4/a, ,6Â»0 1 .,f Notary Public I' (95-0 h ( /if/i ( c.--7 . th>~nua- . '06 ; Address of Notary #ObliE 19222 3001 1 5 SILÂ¥!A DAVI KOf#2112 V(OD,23 Pitkin County, Colorado Janice K. Vos Caudill Clerk & Recorder 530 East Main Aspen, CO 81611 State of Colorado County of Pitkin I. Janice K. Vos Caudill. County Clerk and Recorder iii and for said Pitkin Co,inty. in the State of Colorado aforesaid. do hereby cei-tify that the foregoing is a full. true and correct certified copy of: Reception # Document Tvpe Record Date 300116 BARGAIN & SALE DEED 5/13/1988 Given under my hand and official seal on 4/1/2011 9:08:50AM +h_JhÂ« wa.Lit<,4/ Cl.ef-k & Recorder 't ' A & 1 '| P ' I / I. 9/4-5) 'Â· COE Depittyl/' ., ./CC I Er N .,- : M -Y 3 0 ./- . k., .... d i . .,11:C,f:. 1 4 1 WAÂ·>,: n./1,1 â€¢r ,-r-~r-,AlÂ·1, 3|All. /,4.li,AL,ilmil l' i ; 4 ~ b'AT 1 3 1988 j j BARGAIN AND SALE DEED BOOK 5 63 VAGE 878 4 ' FOR TITLE CORRECTION , KNOW ALL MEN BY THESE PRESENTS, That Sion-a Vista II, a Colorado 1 ..6 p.Â·ID QdGeneral. Partnership and Mary K, Egan, individually, and d/b/a t"i,j ,-' 0 / Sierra Vista Joint Venture, of: the County of Arapahoo, and State 4 Â·t. r 5 re , 1~Â· ~ 1.â€¢J ./ lf, p. 0: i of Colorado, for the consi.deration of Ten dollars and other good N.Â·Â·hicÂ·> and valuable consideration, in hand paid hereby sol.1 and convey 11 4' fl) to Mary K. undivided 50% interest and 110 Celest.e C. , Egan, a n ) f 4 Grynberg and Dean G. Slnernoff, Trustees of the Miriam Zola ' Grynberg Trust, the Stephan Mark Grynborg Trust and the Rachel Susan Grynberg Ti-ust under Trust Agreements dated October 1, 1968, an undivided 50% interest, whose legal address is 5000 i South Quebec, Suite 500, Denver, Colorado 80237 of the County of Arpahoe, State of Colorado, the following leal property, situate in the County of Pitkin, and State of Colorado, to wit: UNIT B. ALSO KNOWN AS UNIT 1, 1445 SIERRA VISTA DUPLEX CONDOMINIUMS, ACCORDING TO THE C.ONDOMINIUM MAP RECORDED IN PLAT BOOK 9, AT PAGE 25 AND CONDOMINIUM DECLARATION RECORDED APRIL 3, 1980 IN BOOK 385 AT PAGE 952 OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO. IT IS THE INTENT OF THE GRANTORS TO CONVEY THAT CERTAIN CONDOMINIUM UNIT IDENTIFIED AS UNIT 1 ON THE CONDOMINIUM MAP RECORDED IN PLAT BOOK 9 AT PAGE 25, BEING THE MOST SOUTHERLY 01Â·' THE TWO CONDOMINIUM UNITS SHOWN ON SUCH MAP with all its appurtenances. also known as street and number, Unit 3, 1445 Sierra Vista Drive, Aspen, Colorado Signed and delivered this 2:325-hy of ApiÂ·il, 1988. Sierra Vista II, a Colorado General partnership By , i!. d. .i'.c k ...'Ck.l h.... Mary K Egant GeneralJPartner 12 - 7 \ 6- By /h-2 74-24<2Â·~- ~.-2,-Â·-Â£ -_ '1. th Donald J. Eghn; deheral Partner , =2 )f H':cqi,*knd tl .~ Mary K. Edan, in#ividually and d/b/a Sierra Vista Joint Venture f STATE OF COLORADO ) . ~ \ :P, 76/,. )SS. ;, \(.17 County of Arapahoe ) The foregoing instrument was acknowledged before me this Zg~.s_ ~ ~~ day of April, 1988, by Mary K. Egan, individually and d/b/a Sierra Vista Joint Venture and Mary K. Egan and Donald J. Eg@r) as n the General Partners of Sierra Vista II, a Colorado ..dan'eral - Partnership. My commission expires 6,5 -1 -5 - , 1 49. Witness my hand and official seal. 10 t.(A Chai:72Â·ht _ -f- Notary Public 'h /2 5(3 4 1 (.Ail.(c 4. J j) ill 'Ct , l O ' Address o f Notary~*fblfc 5- /3 - 88 MTKIN CHTY RECORDER 300116 SILVIA DAVIS |3 12 16 PM '88 A#=aa V*gs Pitkin County, Colorado Janice K. Vos Caudill Clerk & Recorder 530 East Main Aspen, CO 81611 State of Colorado County of Pitkin I, Janice K. Vos Caudill. County Clerk and Recorder in and for said Pitkin County. in tile State of Colorado aforesaid, do hereby certify tliat the foregoing is a full. true and correct certified copy of: Reception # Document Tvpe Record Date 300112 AMENDMENT TO CONDOMIN 5/13/1988 Given under my hand and official seal on 4/1/2011 9:08:48AM 9*re-'44 2 1.,017 Cl,etk & Recorder $ ~ 04~ Â«~ ,/ ~ ~~ff--4~4*(4 k: 4 41 ' t . te. 19@ii(ify 1, %4 9~e "' \ LL,-4 4... 0.0-7 3 4 9 i, CO. 1 1 r rt 2 870 BOOK 01),-1 Â°AGE r AMENDMENT NO. 1 'rO CONT)OM[ N I UM DECLARATION FOR 1445 SIERRA VISTA DUPLEX OWNERS ASSOCIATION RECITALS 1, That the Condominium Declaration for 1445 Sierra Vista Duplex Owners Association Executed by Mary K. Egan under date of March 21, 1980 Chereinafter t:he '"Declaration") were filed for record in the office of the Clerk and Recorder of the County of Pitkin, Colorado on April 3, 1980 in Book 385 at page 952. 2. That t.he Condominium Flap was Recorded in the Records of the Clerk and Recorder of the County of Pitkin, Colorado in Plat Book 9 at page 25 and the Condominium Unjts are property identified as Unit 1 and Unit 2 on said map, 3. That Exhibit "B" to the Declarations erroneously refers to the Condominlum Units as Unit A and Unit B. *i#ZEX<DIfiEY Now, therefore pursuant to the provisions of Article 20, of the Declarations, Exhibit "B" of the Declarations is amended Lo Read as follows: lul "E'XHIBIT " B " Appurtenant Undividcd Unit Designation Interest (Percentage) 9--. Unit 1, as shown on the Condominium Map recorded 1 ~ ~~1 -I in Plat Book 9 at page 25 -< I of the Records of the Clerk E- 3 C.0 and Recorder of the County ED 39 0 of Pitkin, Colorado 50% .I < N Â« Unit 2, as shown on the - ~~ 9 KE Condominium Map Recorded in -0 SEA - Plat Book 9 at page 25 of the :='C Lo - 0 ro Records of the Clerk and 23 T Recorder of the County of 00 Pitkin, Colorado 50% 1001" This Amendment may be executed in counter-parts and when so .4 executed shall have the effect Of a single, fully executed, Amendment. ~ ~,1 4 rk/, f \ 4 1.7 . . 7..22Â©:.. I > A. . i 914.'.1.: COOK 563 0~871 Mary K. Egah / h Jit .,<1, Mary K. Egah d/b/a Si~rra Vista Joint Ventitre # Sjorra Vista, II, a Colorado , General Partnership ~ Mary K. Egan,~General Pfrtner / 1 By X VrÂ·.2 0,. 1 (c.( .-i)< ~Â·-t-~ c Donald J. Egan, Gehetal fartner Celeste C. Grynberg and Dean G, Smernoff, Trustees of the Miriam Zola Grynberg Trust, the Stephen Mark Grynborg Trust and the i Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968 By ~~ CLNICE- CE~Â· I ~1\-~'f- C~,-Â· ColeN'te C. Grynberg, Truste~ 0 M,1 0 t li By < C f 40 M CY r.)111,(h\Â£.6/- C DeaW GI- Smernoff, Trusttf , . Ik- J Being all of the Owners of 'Â· interests in said 1445 Sierra Vista Duplex Condominiums First Federal Savings and Loan Association of Creston Attest: , By Being the Beneficiary of Deeds of Trust Encumbering both of the Condominium Units of 1445 Sierra Vista Duplex Condominiums ill 1 611.. 4, ..'-'12;4 1 itup C A.?Mi 1.Pr Cool( 563 m9872 STATE OF COLORADO ) ) SS. COUNTY OF ARAPAHOE ) cr- V. _- The foregoing instrument was acknowledged before me this 42 day of April, 1.988, by Mary K. Egan, individuall.y and d/b/a Sierra Vista Joint Venture and Mary K, Egan and Donald J. Egan as the General Partners of Sierra Vista II, a Colorado General Partnership. r- d h , My commission expi.res 4 .1 c ) , 192-2. Witness?rny. hand and offi.cial seal, 930.ir--th, c/-4 16 AM<t,--~ . , Notary Public ~2 843 :-, . (-4 (fil 4,/ 1 l<il 47,1..g< , (,.4 Address of Not 79> public ~R-)22. 2- STATE OF COLORADO ) ) SS. COUNTY OF ARAPAHOE ) The toregoing instrument was acknowledged before me thisRUE- day of April, 1988, by Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zola Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust linder Trllst ! Agreements dated October 1, 1968. U- ZZ- 3 rÂ· - My commission expires ...9--23-- J , 19~7 Witness my hand and official seal. Ukh kiz&46&~ti'U,4.- Notary Public Â£26(3 -fi. Cke,06 1 /646*L, f~~ ''*)2241_. Address of *fary Public STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,1988 by as and as of First Federal Savings and Loan Association of Creston. My commission expires , 19 . Witness my hand and official seal. Notary Public i Address of Notary Public % 3 i 18.. )5., |il. .',.f;1#4 r ~ \}ff-(.12' i Â·\NIO 2 :U I 5-13-88 /fa '') 4 'Itic Boox 563 PAGE873 Mary K, Egan Mary K. Egan d/h/a Sierra Vista Joint Venture Sierra Vista, II, a Colorado General Pal-Lnersh.ip By Mary K. Egan, General PartnerÂ· T\N__ IQE---716(friÂ· A<)2--12---7-=a._- flonald J. Egan, G.gheral ~artiner Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Rela Grynherg Trust, the Stephen Mark Grynberg Trust and the / Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968 By Celeste C. Grynberg, Trustee I By Dean G. Smernoff, Trustee ~ i Being all of the Owners of iliterests in said 1445 Sierra %0Â» i Vista Duplex Condominiums First Federal Savings and Loan Association of Creston Attest By~Â«,2'ZI~ ' U~- 2 74 u , a L 1 n,\9 /1 Gaty 1.. 4avis, Presiderit Marlin E. Neisedier Vice President & Secretary Being the Beneficiary of Deeds of TrusV Encumbering both of the t cor,domiA) um Units of 1445 Sierra Vlsta Duplex Condorniniujns 2 6 [1., 12;~. Ii::Qit Â·, 39> 13Â¥ . 4 1 , 1 k - COOK 56:3 m~874 S'l'ATE OF COLORADO ) 1 SS. COUNTY OF ARAPAHOE ) The foregoing inst-rulnelll was acknow].edged before me this clay of Ain-il, 1988, by Mary K. Egan, individually and d/6/K Si.arra Vista Joint Venture and Mary K. Egan and Donald J. Egan as the General Partners of Sierra Vista II, a Colorado General Partnership. My commission expires , 19 . Witness my hand â‚¬ and official seal, Notary Public Address of Notary Publ.ic STATE OF COLORADO ) ) SS. COUNTY OF ARAPAHOE ) T}ie foregoing inst Iument was acknowledged before me this day of April, 1988, by Celeste C. Grynbet-g and Dean G. Smel'noff, Trustees of the Miriam Zola GryÂ®org 'must., the Stephan Mark. Grynberg Trust and the Rachel Susan Grynborg Trust under Trust Agreements dated October 1, 1968. My commission expires , 19 . Witness my hand - (11 and official seal. Notary Public Address of Notary Public STATE OF IOWA ) SS. 1 COUNTY OF UNION ) The foregoing instrument was acknowledged before me this 1,. 1)avis 26th day Of April ,1988 by Cary as 1 l'resident and Marlin H. Nriqrmier as Federal Savings and Loan 1.,4 Vice President/Secretary of ~g.irst Association of Creston. ' My corrunission expires September 14 , 1981Â· Witness my 1--ili hand and official seal. a-/ ' / I Notary Public Lela M. Burkhaller 908 N. Spruce, Creston, Iowa 5080! Address of Notary Public ~~ 3 Il:. Â·98 1-fir ' 1 -13*_f -'. A#mllÂ¥! Vown. Pitkin County, Colorado Janice K. Vos Caudill Clerk & Recorder 530 East Main Aspen, CO 81611 State of Colorado County of Pitkin I, Janice K. Vos Caudill. County Clerk and Recorder in and for said Pitkin County, in the State of Colorado aforesaid. do hereby certify that the foregoing is a full. true and correct certified copy of: Reception # Document Type Record Date 300114 BARGAIN & SALE DEED 5/13/1988 Given under my hand and official seal on 4/1/2011 9:08:46AM 1/ .1 Cleik & Recorder 14 06 th 4 :.......... f {42/. *a ....0 0. 40. I '7 E i -16 '9 .9, :ig DEP[ity & - *. 671 t:23 .9; : 2 1 . 1 I Ist-ATE DOCLIMEITARY IÂ·I:. i mor#19, V r.1, L 14/\Y 1 3 1988 Â· ~ ~OW 300 pAGE876 .- '11 ,/-0 $ ----s' BARGAIN AND SALE DEED t.Â·, KNOW ALL MEN BY THESE PRESENTS, Thal Si-orra Vista II, a Colorado Hip,j ~dGeneral Pal-tnership and Mary K. Egan, individually, and d /b/a Â·Â«'.-' 2;i, si.orra Vi.sla Joi.nt Venture, of the County of Arapahoe, and State ~.,;c ,, of Colorado, for the consideration of Ten dollars and other good C,-1- f''' and valuable consideration, in hand paid hereby sell and convey '11 0 Â· 4 to Coleste C. Glynborg and Dean G. SmerÂ·noff, Trustees of the '' Miriam Zola Glynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynborg Trust under Trust Agreements dated October 1, 1968, whose .legal address is 5000 South Quebec, Suite 500, Denver, Colorado 80237 of the County of Arapahoe, and the i 4 State of Colorado, the following real properly, situate in the County of Pitkin, and State o[ Colorado, to wit: UNIT B. ALSO KNOWN AS UNIT 1, 1445 SIERRA VISTA DUPLEX CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT ../ BOOK 9, AT PAGE 25 AND CONDOMINIUM DECLARATION RECORDED APRIL 3, 1 I 1980 IN BOOK 385 AT PAGE 952 OF THE RECORDS OF THE CLERK AND ' RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO. IT IS THE INTENT OF THE GRANTORS TO CONVEY THAT CERTAIN CONDOMINIUM UNIT IDENTIFIED AS UNIT 1 ON THE CONDOMINIUM MAP ,-O RECORDED IN PLAT BOOK 9 AT PAGE 25, BEING THE MOST SOUTHERLY OF THE TWO CONDOMINIUM UNITS SHOWN ON SUCH MAP with all its appurtenances. also known as street and number, Unit B, 1445 Sierra Vista Drive, ' Aspen Colorado ~ 41= Signed and delivered this,42Â£ day of April, 1988. 00 Sierra Vista II, a Colorado General Partnership BY j R d 'r i .t ~ 49 (/8 4 ) By r~f) K.-(33,,;-JÂ°J>rel Par~le~ J CD A 00 Z Â» Donald J. Egan; Gdng:'44 Partner |.~j 22 /C ~\\ 6 4 (( k ' t/; cld- lÂ·L j Mary K. KOan, indiv,idually and d/b/a Sidrra VistaÂ·/Joint Venture 'll Â·4.Â· STATE OF COLORADO ) )SS. ..,1 ' /1.,i j.$.4 County of Arapahoe ) The foregoing instrument was acknowledged before me thist43~- . 1.-01- day of April, 1988, by Mary K. Egan, individually and d/b/a Sierra Vista Joint Venture and Mary K. Egan and Donald J, EganÂ·nasÂ· the General Partners of Sierra Vista II, a Colorado :deheral Partnership. . 7 My commission expires ~51-~3 -, 1919. Witness- my,Â· hand and official seal. 11 I 9,<co t,Â§14sÂ»--7 Â· .1.' Notary Public 9.9/) 6 C.,4,2,<-c. -, 4'741(u - 62; Address of Notary (*blic toud_ 300114 VIA DAVIS NTY RECORDER |3 |2 15 PM '88