HomeMy WebLinkAboutcoa.lu.gm.Shadow Mountain Wesson.34A-86.08A-89 CASELOAD SUMMARY SHEET ry
,tity of Aspen )795-all-1fic0 --
DATE RECEIVED:c" I -Ckla CASE N f� "O
DATE RECEIVED COMPLETE: j144.6014) mQ u.+l-rr. _ AFF:
PROJECT NAME: 0"JJ�t 'i ''.' 1 Si / ,tlltiAL' _a i •_ `
APPL ICANT: W l 1 i[.v/r: ,
'applicant Address/Phone: C7R ? 6 , iclarlati-o
REPRES ENTATIV E: J�a r vx ( A ' -
Representative Address/Phone : ,any 00 L 4 ydhS- L-/,‘,�
Type of Application: PRO jtel- PfiopoeatD 6,05 Mf&'Al
I. GMP/Subdivision/PUD
1 . Conceptual Submission 20 2_,730
2 . Preliminary Plat 12 1 , 640 .00
3 . Final Plat 6 820 .00
II. Subdivision/PUD
1 . Conceptual Submission 14 $1, 900 .00
2 . Preliminary Plat 9 1 , 220 .00
3 . Final Plat 6 820 .00
III . All "Two Step" Applications 11 $1, 490 .00
IV. All "One Step" Applications 5 $ 680 .00
V. Ref err al Fees - Environ'ental
Health, Housing Office
1 . Minor Applications 2 $ 50 .00
2 . Major Applications 5 CS_ k_
Referral Fees-
Engineering
Minor Applications 80,00
Major Applications O- . �I5 hours 1-)c C"cnP -
on 200 .0
on
`b p/ 0 P;li' on ty
C P& CC MEETING DATE: C€(• 1l9& 9 PUBLIC HEA G : YES NO
DATE REFERRED: N 1 INITIALS,:
REFERRALS :
V�� City Atty Aspen Consol . S . D. School District
ItCity Engineer Mtn. Bell Rocky Mtn. Nat. Gas
�k Housing Dir. Parks Dept. Stateliwy Dept (Glenwd)
V Aspen Water / Holy Cross Electric State Hwy Dept (Gr.Jtn)
City Electric ✓ Fire Marshall / Bldg: Zo �g/�Tspectn
Envir. Hlth . Fire Chief ✓ _ Other - K�}} Ft
Roaring Fork Transit j/ Roaring Fork Energy
am� Center
FINAL ROOTING : DATE ROUTED: g -794 -� INITIAL IAC/
City Atty Y City Engineer Building Dept .
Other : Other :
,E DISPOSITION: 1,0 ye, DenW8oid;,,i
Qbviewed by: R , PLZ City Coundli
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MEMORANDUM
TO: Janet Raczak
FROM: Cindy Houben, Planning Office
RE: Wesson Dental Building
DATE: December 8, 1988
•
This is in response to your memorandum to the Housing Authority
Board. I would like you to be aware that there ham been no
application submitted to the Planning Office regarding the
amendment to the Wesson Building.
We recommend that any approvals by the Board should be conceptual
in nature until a formal application is submitted to you for
referral by the Planning Office.
If you have any questions please let me know.
MEMORANDUM
City Attorney
City Engineer
Housing Director
Aspen Consolidated Sanitation District
Aspen Water Department
Fire Marshall
Roaring Fork Transit Authority
•
Roaring Fork Energy Center
FROM: Steve Burstein,- Planning Office
RE: 1986 City Commercial GMP Competition Application:
700 E. HymanBuilding Commercial GMP/Conceptual Submission
Wesson Dental Building Commercial GMP/Conceptual
Submission
DATE: August 15, 1986
Attached for your review are two ( 2) 1986 City GMP/Conceptual
Submission Applications. Following is a brief description of the
Applicant's requests :
700 E.. Hyman Building Commercial GMP
The project is proposed on a vacant 12 , 000 square foot
parcel of land located at the intersection of Spring Street
and Hyman Avenue referred to as the Lucas property.. The
property consists of Lot R, L,M, and N, Block 104, City of
Aspen.. The applicant proposes to construct an approximately
9 ,000 square foot office building on the Lucas property,
with the ground floor containing 1 , 660 square feet , the
second and third floors containing 3, 830 and 3,510 square
feet, respectively.. A basement is neither required nor
provided..
Weston Dental Building Commercial GMP
The project is proposed at 605 Main Street, the southwest
corner of Main Street and Fifth Street.. The property
is a six thousand (6 , 000) square foot corner lot. The
applicant proposes a new dental office requesting office GMP
quota of 2 ,487 square feet, an on-site employee apartment
and a free market residence (the latter is exempt as a
residence on an existing vacant lot) ..
Please review these applications and return your referral comments
to Planning Office no later than September 1 so we have adequate
time to prepare for our presentation before P&Z on September 16 ,
1986 .. Thank you.
•
•
LAW OFFICES
•
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
Box 10001
315 EAST HYMAN AVENUE.SUITE 305
ASPEN.COLORADO 81611
GIDEON I.KAUFMAN TELEPHONE
DAVID G.EISENSTEIN AREA CODE 303
9258166
August 4, 1986
Mr. Alan Richman, Planning Director
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
RE: Wesson Dental Building
Bonus FAR
Dear Alan,
Please consider this letter an Application for Special
Review approval for bonus FAR in the GMP scoring for the
above referenced matter . Pursuant to Section 24-3 . 4
Aspen Municipal Code , "Area and Bulk requirements" , the
allowable Floor Area Ratio is . 75 : 1 (4 , 500 square feet
F.A. R. ) in the Office District with a bonus of . 25 : 1 ( 1 , 500
square feet F. A. R. ) for on-site employee housing . The
applicant is requesting less than the full bonus square feet
(employee apartment is 858 square feet and employee unit
stairwell is 110 square feet) . We feel that the bonus points
should be awarded for the following reasons:
( 1) The employee unit will be rented in accordance
with adopted housing price guidelines for moderate
income occupants ; and
(2) The project is compatible with the surrounding
land uses and zoning . The design has received
conceptual HPC approval and is best characterized
as a "modest and simple design" which shall be
extensively screened by the existing large
cottonwood trees . The height of the building has
been reduced from the maximum height allowed by
Code to 231 feet . Although there is no requirement
for Open Space in the Office District , the project
provides 1 ,840 square feet of open space .
(3) The GMP application fully sets forth the analyses
which has been completed with respect to the
adequacy of the water supply, sewage treatment ,
storm drainage , roads and parking facilities
serving the project . The results indicate that
the project can be fully served by the existing
water and sewage systems . The project will result
in minimum impact on the existing roads . The
project also provides for storm drainage and
parking facilities on site . (Please see GMP
application for details) .
We feel that ample precedent exists for the award of
Bonus F. A. R. for this project .
We would appreciate it if this review could be heard by
the Planning and Zoning Commission at the same time as the
GMP hearing .
If you have any questions or comments , please contact
me .
Very Truly Yours ,
LAW OFFICES OF GIDEON KAUFMAN
7
By :
���
Gide Kaufman
cc : William Wesson
LAW OFFICES
GIDEON I. KAUFIJA4.
A PROFESSIONAL CORPC-'-
VOX 10001
315 EAST MYMAN AVENUE. y
ASPEN.COLORADO •!"' TEL�1111 r/rE
GIDEON I.KAUFMAN • AREA CCI1 ,,,3
DAVID G.EISENSTEIN • d IIA6
August 4 , i;;%
Mr. Alan Richman , Planning Director
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen , Colorado 81611
Re : Wesstn
Rev g Speci ,l
w .I
-=�-' �,=notion
aestrict
rtm The G'^--
Dear Alan ,
Please consider this letter an olicaticr. for special
approval for exempting the employee housing unit it The Wesson
Dental Building GMP application. Pursuant to 2411.2( f) , an
employee housing unit deed restricted in accordanb<, with the
city-adopted employee housing guidelines constructed pursuant
the residential, commercial and lodge development , 1lotment ca
be exempt from the GMP. It is our belief that the Proposed
employee housing meets a community need and that proposed
housing is in compliance with the adopted housin-: Man.
_
We are asking that the one-bedroom moderate income unit
be exempt. We feel that ample precedent exists f:7 exempting
this unit. We hope that this review procedure ce:. be done
concurrent with the GMP review process..
If you have any comments or questions, Pie"' se contact 10±
Yours very truly ,
LAW OFFICES OF r; IDE% KAUFMAN
•
By. : ia _
• Gideon y,aur ;:n
GK : kl •
cc : William Wesson
•
4/2*
M E M O R A N D U M
TO: THE HOUSING AUTHORITY BOARD OF THE CITY OF ASPEN
AND PITRIN COUNTY, COLORADO
FROM: ANN BOWMAN, PROPERTY MANAGER
DATE : SEPTEMBER 8 , 1986
RE : WESSON DENTAL BUILDING COMMERCIAL GMP
ISSUE : Does the application meet the Aspen City Municipal Code
and the Housing Authority generation requirements?
BACKGROUND : The project is proposed at 605 Main Street, the
southwest corner of Main Street and Fifth Street. The property
is a six thousand (6000) square foot corner lot. The applicant
proposes a new dental office requesting office GMP quota of 2 ,487
square feet, an on-site employee apartment and a free market
residence (the latter is exempt as a residence on an existing
vacant lot) .
The applicant proposes to provide housing for forty percent (40%)
or three (3) employees that would be generated under the City
guidelines as follows:
2 ,487 sf net leasable office FAR
3 .0 employees per 1 ,000 sq
7 .5 total employees generated
40% of employees housed
3 .0 employees housed
The three (3) employees shall be housed as follows :
One (1) one-bedroom apartment on-site (1 .75 emp.) The apartment
is 858 square feet, rental and price-restricted to the moderate
income guidelines as annually adopted. The apartment is proposed
to be rented to Dr. Wesson' s staff, and is therefore oversized to
provide a better living environment. IN accordance with the City
Housing Guidelines, the rent shall be based on the smaller 700 sq
moderate income unit size guidelines.
Cash-in-lieu payment of $16 ,625 .00 (1 .25) emp. ) . The cash
payment is calculated at the moderate income level of $13 ,300 .00
per employee ($13 ,300 .00 x 1 .25 emp) and shall be adjusted to the
moderate income payment schedule at the time of issuance of a
building permit.
1
STAFF RECOMMENDATION: The staff agrees with the calculations for
the moderate income employee apartment and the cash-in-lieu as
the moderate income is appropriate for a dental office employee.
The appropriate deed restriction must be filed prior to time of
issuance of building permit as follows:
1 . The applicants shall covenant with the City of Aspen that
the employee housing units shall be deed restricted in terms of
use and occupancy to the rental guidelines established and
indexed by the City Council ' s designee for a moderate income
employee housing units at the time or prior to issuance of the
building permit. Verification of employment and income of those
person living in the moderate income employee units shall be
completed and filed with the City Council or its designee by the
owner commencing on the date of recording hereof , in the Pitkin
County Real Property records and annually thereafter. These
covenants shall be deemed to run with the land as a burden
thereto for the benefit of and shall be specifically enforceable
by the City or its designee by any appropriate legal action
including injunction, abatement or eviction of noncomplying
tenancy during the period of life of the last surviving member of
the presently existing City Council of the City of Aspen,
Colorado, plus twenty-one (21) years, or for a period of fifty
( 50) years from the date of recording hereof in the Pitkin County
Real Property records, whichever period shall be greater .
2 . The owner of the unit shall have the right to lease the
units to qualified employees of his own selection. Such individ-
ual may be employed by the Owner, or employed in Aspen/Pitkin
County, provided such persons fulfill the requirements of a
qualified employee. "Qualified employee" as used herein shall
mean any person currently residing in and employed in the City of
Aspen or Pitkin County a minimum average of 30 hours per week,
nine months out of any twelve-month period, who shall meet
moderate income and occupancy eligibility requirements establis-
hed and then applied by the Housing Authority with respect to
employee housing.
3 . No lease agreement executed for occupancy of the employee
rental unit shall provide for a rental term of less than six
consecutive months.
4 . When a lease is executed with a tenant, a copy shall be sent
to the Housing Office so that a current file may be maintained on
each unit.
5 . Deed restriction shall be approved and signed by the
Chairman of the Housing Authority prior to recordation and a copy
of the recorded document shall be provided to the Housing
Authority Office after recordation.
ACTION NEEDED: Approval of staff recommendation.
2
_ y
RECORD OF PROCEEDINGS
100 Leaves
RESOLUTION NO. 4,/
(Series of 1986)
A RESOLUTION GRANTING COMMERCIAL ALLOTMENT TO
THE WESSON BUILDING THROUGH THE 1986 OFFICE ZONE
COMMERCIAL GROWTH MANAGEMENT COMPETITION, CARRYING OVER
OF UNUSED OFFICE QUOTA FOR THE 1987 GMP OFFICE
COMPETITION AND ELIMINATING THE CARRYOVER OF USED QUOTA
IN THE NC AND SCI ZONE DISTRICT
WHEREAS, in accordance with Section 24-11 .5 (a) of the
Municipal Code as amended, August 1 of each year is established
as a deadline for submission of application for commercial
development allotments within the City of Aspen ; and
WHEREAS, in response to this provision, two applications
were submitted for evaluation in the office zone competition
category, listed as follows:
Zone District
Project GMP Allocation Requested Quota Comp.
1 . Wesson 2 ,487 sq. ft. Office
2 . 700 E. Hyman 9 ,000 sq. ft. Office
;and
WHEREAS, a duly noticed public hearing was held by the
Planning and Zoning Commission ( hereinafter "Commission" ) on
September 16 , 1986 to consider the Office competition at which
time the Commission did evaluate and score the projects ; and
WHEREAS, one project met the minimum threshold of 25 .8 and
one project did not meet the threshold by having received the
following points (not including bonus points) :
Project Total Points Given by P&Z (avg. )
A -%
•
RECORD OF PROCEEDINGS
100 Leaves
Wesson 31.7 •
•
700 E. Hyman 24 .6
; and
WHEREAS, the quota available for each zone district category
in the 1986 Office Zone district Commercial GMP competition is
4 ,000 sq . ft. ; and
WHEREAS, The Commission considered the representations made
by the Wesson Dental Building applicant in scoring this project,
including but not limited to the following:
A. The building will not exceed 23 1/2 feet in height and
will follow the design characteristics of broken-up
t massing, siting 15 feet from the front property line
behind a row of cottonwoods and use of stained wood
siding. Final approval of the design by the Historic
Preservation Committee shall be obtained prior to
issuance of a building permit.
B. The landscape plan includes retaining all existing
trees on-site and in adjacent rights-of-way, planting
ten new trees , planting native ground cover , land-
scaping of the western edge of the property in conjunc-
tion with the adjacent landowners, installation of
undulating sidewalks 5 feet in width, and redesigning
the irrigation ditches and ditch interconnection.
C. A six (6) inch water line will be extended north from
Hopkins Street along 5th Street and a fire hydrant will
be installed on the northeast corner of Main and 5th at
the applicant' s expense.
D. All surface run-off of the site will be collected in an
on-site dry well and not discharged into the surround-
ing street drainage system . Curb and gutter on 5th
Street will be installed by the applicant.
E. A 7 1/2 foot by 6 1/2 foot enclosed trash area will be
constructed in the rear of 611 W. Main for common use
2
suao
RECORD OF PROCEEDINGS
100 Leaves
by the Wesson and Levinson properties.
F. Energy conservation measures include use of insulation
25% over Code requirements and installation of a solar
hot water device.
G. Seven (7) head-on parking spaces will be provided off
the alley, two of which will be demarked for residen-
tial tenant use .
H. The applicant will deed-restrict to the moderate income
housing guidelines one-bedroom unit in the building and
make a cash-in-lieu payment prior to the issuance of a
building permit of $16 ,625 to provide housing for 1 .25
employees at the moderate income level .
; and
WHEREAS, the Aspen City Council reviewed the recommended
Aspen Planning and Zoning Commission scoring for the Wesson
Project and concurs that the requested allotment should be
granted; and
WHEREAS, the Aspen City Council determined that the unused
1985 quota in the NC and SCI zone districts should not be carried
over because the annual quota is adequate for the relative growth
needs in those zone districts, but that the unused quota in the
Office zone district should be carried over to the 1987 quota
because growth in this area may be reasonably expected in
response to development in other sectors.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Aspen,
Colorado that it callnialaisfrom the
available quota of 4 ,000 sq. ft. in the Office zone category
to the Wesson Dental Building ; and
3
RECORD OF PROCEEDINGS
( 100 Leaves
BE IT FURTHER RESOLVED by the City Council of Aspen,
Colorado that the above allocation shall expire pursuant to
Section 24-11 .7 (a) of the Municipal Code in the event plans,
specifications and fees sufficient for the issuance of a building
permit for the proposed commercial buildings are not submitted on
or before May 1 , 1989 .
BE IT FINALLY RESOLVED by the City Council of Aspen,
Colorado that the 7 ,000 sq. ft. which remains unallocated in the
NC/SCI zones category and that the 1 ,513 sq. ft. which remains
unallocated in the Office zone shall not be carried forward for
possible distribution in 1987 , as provided for in Section 24—
11 .5 ( f) .
Dated: , 1986 .
ear
li
William L. Stirling,/Mayor S
4
MEMORANDUM
TO: Housing Authority Board
FROM: Janet Raczak, Housing Office
RE: Wesson Dental Building Commercial GMP
DATE: December 8, 1988
ISSUE: The applicant is proposing a change in its original
application with respect to meeting its employee housing
obligations on a commercial GMP application. Does the revised
application meet the Aspen City Municipal Code and the Housing
Authority generation requirements?
BACKGROUND: This project located at 605 W. Main Street, southwest
corner of Main and Fifth Streets, is a 6000 s. f. corner lot. The
application proposed to construct a 2,487 s. f. office building with
one 858 s. f. 1-bedroom on-site employee apartment and a free market
residence. The free market unit is exempt as a residence on an
existing vacant lot.
The applicant originally proposed to meet its employee housing
obligations by providing housing for 40 percent or three employees,
by constructing a one-bedroom 858 s. f. moderate rental employee
unit (basing rents on the allowable 700 s. f. provided for in the
guidelines) (housing 1.75 emp. ) , and a cash in lieu payment of
$16, 625.00 ($13,300 - moderate x 1.25 emp) for adjustment at time
of issuance of a building permit.
The Housing Authority recommended this proposal as a condition of
approval to the City Council. Council accepted our recommendation
and incorporated it as a condition of approval in their Resolution
No. 41 (Series of 1986) on the Wesson GMP project.
At this time the applicant is proposing to construct one 2-bedroom
and one studio employee units, instead of the one employee unit and
a cash-in-lieu payment.
The standard for the number of bedrooms to accommodate a family of
a given size are indicated in Table I of Part II of the Housing
Authority Guidelines.
UNIT TYPE OCCUPANCY
Two Bedroom Unit 2 .25 emp
Studio Unit 1.25 emp
Total Number Housed 3 . 5 emp
REQUIREMENTS: The original application proposed to house 3 . 0
moderate income employees. The studio must be between 400-500
square feet to meet the moderate income guidelines and the two
bedroom unit must be 700-1000 square feet in size to meet the
moderate income guidelines.
The new Generic Rental Deed Restriction Agreement must be approved,
executed, and recorded, prior to issuance of any Building Permits
and/or temporary or final Certificates of Occupancy.
OPTIONS:
1. Recommend approval of the amended employee housing proposal
subject to appropriate deed restrictions prior to building
permits or COs.
2. Deny the amended employee housing proposal.
STAFF RECOMMENDATION: The Housing Staff recognizes that a severe
shortage in housing and a great reserve in our cash-in-lieu account
exists. New employee projects are difficult to get off the ground
and into the ground. The applicant is proposing to create the
needed housing instead of providing more money to our cash-in-lieu
account. For these reasons Staff recommends approval of the
applicants revised proposal.
WESSON. 1
` II .
. ,.-k A
11:23163 0D/10/70 15:06 Rec $45.00 Sr 627 PG 16
Th.ivia Davis, Pitkin Cnty ^i=rk, Doc $.Crn
AFFORDABLE HOUSING
OCCUPANCY AND RESALE RESTRICTION
THIS OCCUPANCY AND RESALE RESTRICTION1e "Restriction") is
made and imposed this .21 day or k�--�=gL--
SHADOW MOUNTAIN ASSOCIATES (hereinafter referred to asI "SMA ) or
the benefit of and enforceable by the ASPEN/PITRIN COUNTY HOUSING
AUTHORITY (hereinafter referred to as "APCHA") , a duly consti-
tuted Multi-jurisdictional Housing Authority established pursuant
to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded
in Book 605 at Page 751 of the records of the Pitkin County Clerk
and Recorder's office.
•
i RECITALS:
1. SRA owns the 1003 square foot dwelling unit described
f in Exhibit A, which is attached hereto and incorporated herein by
I this reference, and which is referred to in this Restriction as j
the "Dwelling".
2. In connection with a Growth Management Quota System
allocation granted by the Aspen City Council, SMA is required to .9
restrict the occupancy of the Dwelling to residents and their
families who fall within the moderate income guidelines estab-
lishcd and from time to time amended by APCHA.
f3. This Restriction is intended to satisfy the foregoing
obligation and to constitute a covenant and restriction upon the
i
use, occupancy and resale of the Dwelling, as more particularly
Iset forth herein.
c
`• NOW, THEREFORE, in consideration of the
a premises, SMA hereby
covenants and agrees as follows:
( 1. Use and Occupancy. The use and occupancy of the
I Dwelling shall, as long as this Restriction shall remain in
# effect, be limited to individuals who are employed full time in
1 Pitkin County and who comply with the "moderate income" guide-
.
1 lines as set forth in the most current Aspen/Pitkin County
' Housing Authority Guidelines ("Guidelines") or its substitute as
I
I adopted by APCHA or its successor.
i
s- 1,K* I
Y C
n- 1
°165 00/10/90 15:06 Rue rn5.O0 PI; 627 PG 17
Salvia DIVi- ^ +i.:in Cnf
Y Clgirk, Doc $.00
2. Covenant Running with the Land. All of the terms of
this Restriction shall constitute covenants running with and a
burden upon the Dwelling for the benefit of, and shall be specif-
ically enforceable by, APCHA and the City of Aspen, Colorado,
their respective successors as app3icable, by any appropriate
legal action including, but not limited to, injunction, abate-
ment, or eviction of non-complying occupants, for a period of
50 years from the date of recording hereof in the records of the
Clerk and Recorder of Pitkin County, Colorado. As such, this
Restriction shall be binding upon SMA and all subsequent owners
of the fee title in and to the Dwelling. Such subsequent owners
are referred to herein as "Owner".
3. Resale.
a. In the event that SMA or any Owner desires to sell
the Dwelling, either SMA or the Owner shall execute a standard
listing contract on forms approved by APCHA. APCHA shall
promptly advertise the Dwelling for sale by competitive bid to
qualified buyers. Qualified buyers shall consist of those Pitkin
County employees who comply with the Guidelines for moderate
income buyers. The listing contract shall provide for the
payment of a fee to APCHA in an amount equal to 2% of the sale
price by the seller. The foregoing, notwithstanding, SMA shall
be entitled to sell the Dwelling to an employee of SMA, or to an
employee of any of SMA's partners, provided that such employee
` qualifies as a moderate income buyer. In such case, the
requirement for a listing contract and the payment of a fee shall
be waived.
b. In no event shall SMA sell the Dwelling for an
amount in excess of $97,291.00. The "Maximum Sale Price" shall
thereafter be determined as follows:
(i) The Owner's purchase price plus an increase
of 6% of that purchase price per year from the date of purchase
(prorated at the rate of .5% percent for each whole month for any
part of a year) ; or an amount (based upon the Consumer Price
Indet:, All Items, U.S. City Average, Urban Wage Earners and
Clerical Workers (Revised) , published by the U.S. Department of
17/DD5 -2-
1
. .•
1
:25167 OB/1O/90 13:06 Re
C
Si 1 v: R i'avi-, F'S tS�1n CntvC$ n^D c ;.(;10 'G 13
Labor, Bureau of Labor Statistics) calculated as follows: the
Owner's purchase price multiplied by the Consumer Price Index
last published prior to the date of Owner's notice of desire to
sell divided by the Consumer Price Index current at the date of
this Restriction, WHICHEVER IS LESS, plus the following improve-
ments which shall not (exceed ten percent (10%) of Owner's origi-
nal purchase price:
(ii) The cost of any Capital Improvements made and
paid for by Owner pursuant to the requirements of any govern-
' mental body or agency or the Homeowner's Association. Said
improvements shall be validated by production of original re-
ceipted for costs (actual cost) with no allocation for Owner's
"sweat equity"; no Capital Improvements shall be added to calcu-
lation without proof of receipts, affidavit as to validity of
receipts, and Certificate of Occupancy from the Aspen/Pitkin
County Building Department.
(iii) Nothing herein shall be construed to consti-
tute a guarantee by the APCHA that on resale the Owner shall
obtain the maximum resale price. Rather, it shall constitute,
only, the maximum resale price for which the Dwelling may be sold
by Owner, if a buyer is willing to pay that price.
c. Neither SMA nor any Owner shall permit any
purchaser to assume any or all of the seller's customary closing
costs, nor accept any other consideration which would cause an
increase in the purchase price above the bid price or Maximum
Sale Price.
d. In the event a bid is received equal to the
Maximum Sale Price herein established, the Dwelling shall be sold
to such bidder at the Maximum Sale Price; and in the event owner
receives two or more bids equal to the Maximum Sale Price,
qualifying bidders shall be selected according to the priority
for Sale Units set forth in the most current Guidelines, and, if
necessary, a bidder shall be selected by lottery, whereupon the
Dwelling shall be sold to the winner of such lottery at the
Maximum Sale Price. Owner shall have a period of forty-eight
(48) hours in which to consider and accept or reject any purchase
17/1)1)5 -3-
9325165 03/t0/90 15:O , Rec.. $45.00 BV 627 PG 17
Silvia Davin, PitLin Cnty Clerk, Dnc
offer less than the Maximum Sales Price. Bids in excess of the
Maximum Sales Price shall be rejected.
e. It is agreed and acknowledged by Owner and the
APCHA that the Dwelling may be sold or transferred by Owner to a
qualified buyer who, for purposes of obtaining financing, may
take title to the Dwelling in co-tenancy, joint tenancy, or other
similar co-ownership with one or more persons who are not qua).-
if ied buyers.
4. Rental. Except upon prior written approval by APCHA,
and subject to such conditions as may be imposed in such ap-
proval, neither SMA nor any Owner may lease or rent the Dwelling
for any period of time. All tenants must be approved by APCHA in
accordance with the most current Guidelines. The rental rate
shall not exceed the maximum rate per square foot for moderate
income housing as set forth in the most current Guidelines.
5. P=rmanent Residents. In the event that any Owner
4 ceases to utilize the Dwelling as his or her sole and exclusive
place of residence, the Dwelling will be offered for sale
pursuant to the provisions of this Restriction. Any Owner shall
be deemed co have changed his or her domicile by establishing
residency in another location, accepting full-time employment
•
outside of Pitkin County, or residing in the Dwelling for fewer
than nine (9) months per year without the express written
approval of APCHA.
6. Other Property. No Owner of the Dwelling shall be
permitted to hold or own an interest in any other dwelling unit
within the Counties of Pitkin, Eagle or Garfield, in the State of
Colorado, while at the same time owning and occupying the
Dwelling.
7. Violation/Remedies.
a. In the event that APCHA has reasonable cause to
believe that SMA or any subsequent Owner is in violation of the
provisions of this Restriction, APCHA, by and through its au-
thorized representatives, may inspect the Dwelling between the
hours of 8100 a.m. and 5100 p.m. , Monday through Friday, after
1
P
17/DDS -4-
`. ,
SJ
427163 OS/ 0/90 13:05 Rec $45. 00 HK 627 PG 20 C
9iivia. Davi=, ritlin Cnty ^.1erL, Dec $.00 �.y^44.eat
•
providing the Owner with no less than 24 hours prior written
notice. In the event a violation is discovered, APCHA shall
provide notice to MIA or the Owner describing the nature of the
• r
violation and allowing 15 days to cure. SMA or any Owner cited
for violation may request a hearing before the APCHA Hoard to
review the merits of the alleged violations. Any violation of
this Restriction which is not cured shall constitute a default
hereunder and APCHA or the City of Aspen shall be entitled to
pursue any remedy allowed by law, including, but not limited to,
an application to a court of competent jurisdiction for an order
requiring the sale of the Dwelling.
b. In the event that APCHA or the City of Aspen
undertake legal proceedings to enforce the provisions of this
Restriction, either or both APCHA and the City of Aspen shall be
entitled to recover the costs Of such legal action, including
-
reasonable attorneys' fees. r�
c. Any attempt to sell or convey the Dwelling to a
non-qualified buyer shall be a violation of this Restriction and ,�
shall be null and void, ab initio. �� r
Q. General Provisions. ��,
a. Any notice which is required to be given hereunder t ••,�
shall be given by mailing the same, certified mail, return
receipt requested, to an y address
provided herein or given as the O ,
current railing address of the party.
b. All notices, consents and approvals required by
this Restriction shall be in writing and shall be posted in the ( , \
1
United States mail, certified, return receipt requested, properly
addressed, and with full postage prepaid. Said notices, consents ,AU
and approvals shall be deemed received on the earlier of (i) the ;'
date actually received, or (ii) two business days after being
mailed as aforesaid.
Said notices, consents, and approvals shall be
sent to the parties hereto at the following addresses unless
otherwise notified in writing:
To APCHA: Aspen/Pitkin County Housing Authority
39551 Highway 82
Aspen, Colorado 81611
17/DD5 -5-
j
-4%. �.
;0.
2327_65 O0/440 12:06 Rec $45,00 PK 627 PG 21
Silvia tavis4 Pitki-, Cnty Cle-k, Pe:- X6.00
k.
To Owner: Addressed to the name and address as
shown on the Owner's application for
purchase.
To SMA: Suite 201, 121 S. Galena Street
Aspen, Colorado 81611
c. Severability. Whenever possible, each provision
of this Restriction and any other related document shall be
interpreted in such manner as to be valid under applicable law;
but, if any provision of any of the foregoing shall be invalid or
prohibited under said applicable law, such provisions shall be
ineffective to the extent of such invalidity or prohibition
without invalidating the remaining provisions of such document.
d. Choice of Law. This Restriction and each and
every related document is to be governed and construed in
accordance with the laws of the State of Colorado.
e. Successors. Except as otherwise provided herein,
the provisions and covenants contained herein shall inure to and
be binding upon the heirs, eucceascrs and assigns of the parties.
f. Waiver. No claim of waiver, consent or
acquiescence with respect to any provision of this restriction
shall be made against any party hereto except on the basis of a
written instrument executed by the parties to this Restriction.
However, the party for whose benefit a condition is herein
inserted shall have the unilateral right to waive such condition.
g. Further Actions. The parties to this Restriction
agree to execute such further documents and take such further
actions as may be reasonably required to carry out the provisions
and intent of this Restriction or any agreement or document
rela',.ing hereto or entered into in connection herewith.
h. Modifications. The parties to this Restriction
agree that modifications to this Restriction shall be effective
only when made through writings signed by both parties and
recorded with the Clerk and Recorder of Pitkin County, Colorado.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on Lhe day and year above first written.
17/DDS
-6-
. ;vim.'.:......... ..�
•
8 2Z?6t 00/10/9O 15106 4ec' t45.00 PI.; 627 PG 22
Silvia Davis, Pitkin Cnty Clerk, Doc. $.00 !?,
SHADOW MOON AIN S2^.t+TES A„
By s r .� �r,v
. .
Name: if
-Title: : �� r .
Mailing Address: /✓ t tt"'" tee
Suite 201, 121 S. Galkt Street
• Aspen, Colorado 81611
STATE OF Co eC) )
) Bs.
COUNTY OF P/ (AJ )
she foregoing instrument was acknowledged before me this
_A= day of 01.44,,L p_,, , 19 Q , by gee&?. 6.. 6 . . ..
j Witness my hand and official seal.
My commission expires: 9"//- 7d
Notary Public Y�. ';t l:,
ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The foregoing grant and its terms are accepted by the
Aspen/Pitkin County Housing Authority.
ASPEN/PITKIN COUNTY !
HOUSING AUTHORITY C
By:
•
Title: , • 1 P.SS► 'PSd ��/�1�
Mailing Address: 39551 Highwa 82 J/
Aspen, CO 81611
17/DD5 _7_
•
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fi..:'14,1y....
'
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1325163 00/10/90 15:06 Rec $45.00 DK 627 Re 23 4:* ,
C:. Iv; a Davis, P:tki.n Cnty Clerk, Doc t.00 '34
lilt 1
ST.':TE 0 COLOn ,no )
A ) es.
COUS!TY OF PITKIN )
47- Thn fore1o+ n in:;gtrument tvnn. ac nr•aledgnd before me this
�"i dry of _, r. '^*',�f. , 19yQ., by .Ai4�/C1.-h;A.'d,rrd.. .r.LP .,.''��• I:'
Witness my hand and official seal. (
My commission expires: 5-.2'7- /C4:/
��'
� . . , , i
{ Notary Pubs'. ,•n e', iiy�%,
o:',' e d
I C•
The undersigned hereby agrees and consents to all of the
terms, conditions, limitations and restrictions set forth in the
1 foregoing Affordable Housing Occupancy and Resale Restriction as
the Owner as that term is defined therein, of the Dwelling
i
described in Exhibit A.
eli
Mark W yan
I
Date: p
STATE OF COLORADO )
) as.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this e
3 rr day of 4 c;,•a.'T- , 192a, by Hark Wryan.
Witness my hand and official seal. 1
1k0T•vi \k. My commission expires: 6/<>3
Notary Public
17/DD5 -8-
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r"7.7727_,;% p* c
;4
M32r163 00/t0/90 13:06 Rec x45.00 PK hn7 PG 24
Silvia Davos, Pitl;in Cnty Clerk, Doc $.00
^71.1cynn tnnidemtnal Unit COP
B.M.H. condominiums
According to the Plat thereof
Fit vs i ctA a4d rt ss ;
Goy lAltsf ►'Nci,ih s-lv-a+
1'1'r @a I r✓a ;
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•
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ENFORCEMENT INFORMATION
DATE: 1/06/93
PROJECT NAME: SHADOW MOUNTAIN BUILDING - EMPLOYEE UNIT
F/K/A WESSON DENTAL BUILDING EMPLOYEE UNITS
PARCEL ID # 2735-124-48-012
34A-86
OWNER: MAC CUNNINGHAM
SMB ASSOCIATES
PHYSICAL ADDRESS: 605 MAIN ST.
LEGAL ADDRESS : LOTS H-I, BLOCK 25, CITY
FINAL APPROVAL: RES. NO 41, SERIES OF 1986
DATE: 11/21/86
FINAL APPROVAL COMMENTS: ALLOCATED 2 , 487 SF. COMMERCIAL OFFICE GMP
CATEGORY. APPLICANT REQUIRED TO PROVIDE ONE ONE-BEDROOM MODERATE
INCOME UNIT ON-SITE AND $16, 625. 00 TO PROVIDE HOUSING FOR 1 . 25
MODERATE INCOME EMPLOYEES .
CUNNINGHAM MET WITH APCHA BOARD TO AMEND APPROVALS TO CONSTRUCT ONE
2-BEDROOM AND ONE STUDIO EMPLOYEE UNIT ON-SITE IN LIEU OF CASH-IN-
LIEU PAYMENT OF $16, 625 . 00.
APCHA BOARD ACCEPTED PROPOSAL TO HOUSE (AS REQUIRED ) 3 . 0 MODERATE
INCOME EMPLOYEES IN A 400-500 SF. STUDIO AND A 700-1000 SF. TWO
BEDROOM UNIT. OWNER STIPULATED THE STUDIO WOULD CONTAIN 401 SF.
AND 702 . 5 SF. TWO BEDROOM UNIT.
UPON INSPECTION TO VERIFY SQUARE FOOTAGE OF UNITS , IT WAS
DETERMINED THAT BOTH UNITS HAD BEEN BUILT BELOW THE ALLOWED SQUARE
FOOTAGE. APPLICANT RECONFIGURED UNIT TO BE A THREE-BEDROOM UNIT OF
1, 003 SF.
OWNER SELECTED EMPLOYEE OF FIRM, MARK WRYAN, TO PURCHASE UNIT. MR.
WRYAN HAS PROVIDED ALL REQUIRED DOCUMENTATION TO PURCHASE UNIT. A
GENERAL WARRANTY DEED WAS EXECUTED IN BOOK 626 AT PAGE 86 ON
7/31/90 AND AMENDED IN BOOK 640 AT PAGE 259 ON 2/22/91.
I. INVENTORY:
# OF UNITS: 1
SIZE/TYPE: UNIT OOA 3 BED. 1, 003 SF.
RENT CATEGORY: MODERATE
LEASE INFORMATION: NONE PROVIDED.
LAST QUALIFICATION: NONE PROVIDED.
II. DEED RESTRICTION: EXECUTED BY MAC CUNNINGHAM.
BOOK: 627 PAGE: 16 DATE: 8/10/90
C.O. DATE:
wp5. 1/cunning.edu
1 �
RESOLUTION NO. L� r)
(Series of 1989)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE SHADOW
MOUNTAIN AFFORDABLE HOUSING GMQS EXEMPTION AND CONDOMINIUMIZATION
WHEREAS, the Aspen City Council held a public meeting
October 9 , 1989 ; and
WHEREAS, the Shadow Mountain Affordable Housing GMQS
Exemption and Condominiumization was included on the consent
agenda; and
WHEREAS, the Planning Staff has recommended approval of the
Shadow Mountain application with conditions; and
WHEREAS, the Council approved the consent agenda; and
WHEREAS , the Council amended the Planning Staff ' s
recommendation to delete the $8, 400 Affordable Housing Impact Fee
because the applicant was providing another deed restricted
housing unit; and
WHEREAS, the Council added a condition of approval requiring
the applicant to deed restrict the studio unit to moderate income
in lieu of the housing impact fee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1.
That it does hereby approve of the GMQS Exemption for
Affordable Housing and the Condominiumization with the following
conditions:
1. The trash service area shall be indicated, with
easements on the final plat.
2 . Prior to filing the final plat, the applicant shall
seek a variance from the Board of Appeals for a
reduction in the length of parking spaces.
3 . The applicant shall deed restrict the studio unit to
moderate income, in lieu of the housing impact fee,
subject to review and approval by the Housing
Authority.
4 . The applicant shall , prior to recording the plat,
submit a statement of subdivision exemption in a form
acceptable to the City Attorney which shall include
that the applicant will join any improvement district
that is formed and the property is subject to a six
month minimum lease agreement for both residential
units.
Dated: ��'>•�r /�^� � J , 1989 .^
William L. Stirling, Mayor
I, Kathryn S . Koch, duly appointed and acting City Clerk of the
City of Aspen, Colorado, hereby certify that the foregoing is a
true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado at a meeting held on the__
day of K _te ___ , 1989 .
Kathryn ,. Koch, City Clerk
ccreso. shadow
•
2
•
x
ASPEN/PITKIN PLANNING OFl E
130 South Galena Street
Aspen, Colorado 81611
(303)920-5090
LAND USE APPLICATION FEES
City
00113 -63250-134
GMP/CONCEPTUAL
-63270-136
GMP/FINAL —
-63280-137 SUB/CONCEPTUAL
-63300-139 SUB/FINAL
-63310-140 ALL 2-STEP APPLICATIONS
-63320-141 ALL 1-STEP APPLICATIONS/
—
REFERRAL FEES:
00125 -63340-205
00123 -63340-190 ENVIRONMENTAL HEALTH
00115 -63340163 HOUSING
ENGINEERING d,�
SUBTOTAL �
—
County
00113 -63160-126
GMP/GENERAL
-63170-127 GMP/DETAILED
-63180-128 GMP/FINAL
-63190-129 SUB/GENERAL
-63200-130 SUB/DETAILED
-63210-131 SUB/FINAL ____________
-63220-132 ALL 2-STEP APPLICATIONS
X3230-133 ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS —
-63450-146 BOARD OF ADJUSTMENT
REFERRAL FEES: —
00125 -63340-205
00123 -63340-190 HOUIRNNMENTAL HEALTH
00113 -63360-143 HOUSING —
ENGINEERING —
PLANNING OFFICE SALES-63080-122
-63090-123 CITY/COUNTY MP. PLAN
CODE
-63140-124 COMP. PLAN —
COPY FEES —
69000-145 OTHER
SUBTOTAL —
Name: - TOTAL �—
Address: .: Phone: '
Project:
Check #
Additional billing: Date:
it of Hours: —
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MAR.29.2000 1:15PM 200 E MAIN ST ASPEN CO USA NO.588 P.1
Stan Clausen Associates,tic
200 East Main Sbeet Stan
Aspen,CO 61511
Ciaiison
E-mail:alialialggletd09,5991 Associates, LL(:
Web: www.eoegalrHng.cem ,
Phone:+1 9709252323
Fax +1970920.1923
U
Fax
Toe Julie Ann Woods,Aspen Corn.Dev.Dir. Fawn Stan Clausen,AICP,ASLA
Fns 970 920-5439 Utley march Z9,2000
Plans 970 920-5100 Pager: 5
Ras Shadow Mtn Bldg Condo Plat Revision Bet Don Fleisher
O Uryantt 0 Fer Review O Please Conansnt 0 Please Reply O Please Rssyele
•Conneants:
Julie Mn.
Here is the C.O.signed by Gary Lyman in 1990 whkh Indicates 4 offices on the basement level. I am
also attaching a 1989 memo from Roxanne indicating on p.2 that 500 additional s.f.of office space are
to be added sub-grade. I am also attaching the 1988 condo plat excerpt which shows units 002 and
003 as'Storage Unit" rather than 'Commercial Unit" as seen on unit 004. Units 002 and 003 have
apparently been offices since the reconstruction of the building in 1990,but the plat was never updated
to reflect the OMQS Insubstantial amendment
What we would like to accomplish Is to provide a plat amendment as an adminishative sign-off which
would change "Storage Unit" to 'Commercial Unit"for units 002 and 003, in accord with Roxanne's
memo and the C.O.
Please let me blow about signature dock required language,so I can get Jim Risser started on the
Amended Plat
Thanks,
Stan
•Planning,Permitting,and Deakin Solutions for Com unites and Private Sector Gents•
MAR.29.2000 1:15PM 200 E MAIN ST ASPEN CO USA NO.588 P.2
MEMORANDUM
To: Cindy Houben, Senior Planner
From: Roxanne Eflin, Historic Preservation Planner
Re: GMQS Insubstantial Amendment, 605 West Main St. , the
Shadow Mountain Building (formerly known as the Wesson
Dental Building)
Date: March 2, 1989
APPLICANT'S REQUEST: Insubstantial Amendment approval to a
previously approved GMQS application (Resolution 41, Series of
1986) , due to exterior design chahges and interior floor plan
amendments.
SU)OCARY: The criteria for granting approval for this
application is found in Section 8-107 - "Amendment of
development order". The applicant received final development
approval for the revised plans from the HPC on January 3, 1989.
The applicant also appeared before the P&Z on January 10, 1989
requesting they direct the Planning Office to process the
application as an GMQS insubstantial amendment.
PROBLEM DISCUSSION: The standards for granting approval for this
application are located in Section 8-107 . (E) of the Land Use
Code, stated as follows with staff's comments following:
"In determining whether or not to grant an amendment, the
Commission and City Council shall compare the scores awarded
by the Commission to the approval and the proposed amended
development. The development allotment shall be amended if
it shall be found that the score in each category (that is
the total score awarded under the ' public facility and
service category, the quality of design category, the
affordable housing category and other applicable
categories) awarded to the amended project is equal to or
greater than that awarded to the approval development."
1. Service Category: The amended plans are found to have no
negative impact or produce lower scoring. The applicant
states that the project architect is working with the Fire
Marshall to determine the exact location of the fire
hydrant. All surface runoff on the site will be collected
in an on-site drywell. Please refer to staff's comments '
and the ."Design Category" with regard to sidewalk, curb
2. Design Category: Clearly the amended application is a
significant improvement over the original. HPC granted
final development approval on January 3 , 1989 finding the
•
MAR.29.2000, 1:15PM 200 E MAIN ST ASPEN CO LISA NO.588 P.3
v
001007 revisions to be more compatible with existing historic
architecture in the Main Street Historic District. The
massing, scale, roof form, fenestration and materials meet
the Guidelines are were found• to be a significant
improvement.
It is important, however, to note that the applicant's
comments with regard to HPC's approval of sidewalk, curb,
and gutter be clarified. The corner site contains a
significant portion of the historic irrigation ditch system,
and numerous mature cottonwoods. The original GMQS
application indicated a realignment of this ditch and a
curvilinear sidewalk, which HPC denied. The applicant has
stated in this application: ". . . (the) HPC has requested
that no sidewalks be constructed until the Main Street
Historic District Improvements District is placed in
service." This is not accurate, in that the HPC only voiced
their concerns regarding the inconsistency of "improvements"
in the Main street District, and recommended a more
comprehensive approach related to improvements in the
District. The idea of an "Improvements District" was only
discussed as one option at final development review. This
is obviously an Engineering Department issue, however Staff
and the Committee have concerns related to hasty sidewalk
installation. The HPC felt strongly that sidewalk design
should respect the historic character of the district, and
suggested that the applicant work with the Engineering
Department to accomplish these goals.
The GMQS approval requirements as stated in Resolution #41
also required the submittal of a landscaping plan, which the
applicant has complied with. As required in that
Resolution, no mature landscaping will be removed. The
seven surface parking spaces originally approved do not
change.
The interior floor plans are amended, creating an additional
500 sq. ft. of office space, all to be located sub-grade.
Also, as opposed to the large two-bedroom free-market suite
proposed and the one deed restricted unit proposed, the
applicant has proposed two deed restricted units (see
comments below) .
Staff finds that in a comparison bf Design Category scores,
the revised application would significantly improve these
scores, meeting this criteria.
3. Affordable Housing Category: The original application
approved one deed-restricted one-bedroom . unit at the
moderate income level, and required a cash-in-lieu payment
of $16,625 for 1.25 employees at the moderate income level,
prior to issuance of a building permit.
2
•
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MAR.29.2000 1:16PM 200 E MAIN ST ASPEN CO USA NO.588 P.4
It
•
As mentioned above, the applicant's revised plans indicate
the addition of a dead-restricted studio unit as well,
eliminating the need for the cash-in-lieu payment. The
2.25 employees found to be generated by this development
would be handled on site, in keeping with the community's
affordable housing goals. Additionally, the revision
indicated the elimination of the second floor two-bedroom
free-market suite, dividing this space into two free-market
one bedroom units. Staff finds this amended application
meets the criteria, which would increase scoring in this
area.
RECOMXENDATION: Staff recommends that the Insubstantial
Amendment to the GMQS approval be granted, subject to the
applicant working with the Engineering Department to finalize
sidewalk improvements consistent with the goals of the HPC and
compatible with the Main Street Historic District.
•
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3 `
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MAR.29.2000 I:16Pla1200 E MAIN ST ASPEN CO USA NO.588 P.6
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SAIIIIMENT
a sit 10(Man au. nerallatre PIM Moe VS zowoomnaium el..er teat I MP t ta WS
6 4.•to i.c a comm.. Sao
ANIS
SHADOW MOUNTAIN ASSOCIATES 1989
SUITE 201
121 SOUTH GALENA STREET
ASPEN,COLORADO 81611
(303)925-8803
March 30, 1989
Janet Raczak
Aspen Housing Authority
130 South Galena
Aspen, Colorado 81611
Re: 605 West Main Street Commercial GMP
Employee Housing Agreement for Lots H and I, Block 25
City and Townsite of Aspen
Dear Janet:
Enclosed you will find Shadow Mountain Associates-1989 Promisso-
ry Note for $16,625.00 . This amount represents the cash in lieu
fees for employee housing on the above-referenced property under
Resolution 41 (Series of 1986) adopted by the City of Aspen.
As indicated in your Housing Authority Board Memorandum dated
December 8 , 1988 , as soon as a building permit is issued, Shadow
Mountain Associates-1989 will proceed to submit an exemption
request to the City of Aspen, permitting construction of the
additional bedroom and housing unit described in your memo, in
lieu of payment of the housing fee.
We have agreed that the Housing Department will hold the Note
pending final disposition of such exemption request. If such
request is denied, we will pay such Note in full satisfaction of
the housing fees for the above property.
If such request is approved, the fee will be waived. However,
you will hold such Note pending completion and deed restriction
of the employee housing units. At completion, the Note will
then be returned to Shadow Mountain Associates-1989.
If the foregoing does not set forth our understanding, please
contact me immediately.
Very tru yours,
is C ing am Presi•ent
u Ingham Inv,est •"-nt Co. , Inc.
Managing General 'artner
Shadow Mount.i Associates-1989
IMC/pjo
Enclosure
3. 82
w 4%
M.
PROMISSORY NOTE .`�//7
$ 16,625.00 ASPEN, COLORADO ., O0 1989
FOR VALUE RECEIVED Shadow Mpunts.irt..Asaociatesn.L98.9
promises to pay to the order of....Pitkin
County Housing Authority
the principal sum of S;4? t ge.n...thoinaztd..s.i.x...hundred...twenty.-.five:.and...no./.LOQ-...,.:.......................__...____.
payable at 130 South Galena, Aspen, Colorado 81611 together with interest at the
rate of 0% percent per annum;principal and interest shall be payable in the following manner:
in full upon demand subject to letter dated March 30, 1989.
Failure to pay when due any installment of principal or interest, or any part thereof, shall cause this entire note to become
due and collectible at once at the option of the holder thereof, in which case accrued interest and principal shall,from and after
the date of such default, bear interest at Ca percent per annum. In the event this note be placed with an attorney or
agent for collection, by suit or otherwise,the maker agree to pay reasonable attorneys'fees in a sum of not less than fifteen
percent (15%) of the unpaid principal and interest due.
The maker ,endorser ,surety(ies),guarantor and any obligor of this note severally waive presentment for payment,
notice of nonpayment, protest,and notice of protest.
THIS PROMISSORY NOTE IS UNSECURED /11.
SHADOW Mi 0 1• '
..` •nriingham Pre, dent
Cunningham Inves•uent o. , Inc.
Managing Gener.. P. tner
#324496 07/19/90 14: 39 , ,c $10. 00 BF 625 PG 217
Silvia Davis, Pitkin Cr. Clerk , Doc $. 00
.4k
CURB. GUTTER AND SIDEWALK IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND SHADOW MOUNTAIN ASSOCIATES-1989
S. 1411 /3.
WHEREAS, Shadow Mountain Associates-1989 is the own of the
real property located at /��j �, L� rf• . Aspen,
Colorado; and
WHEREAS, Shadow Mountain Associates-1989 has recently
completed construction of a building called the SMB Condominiums
and desires to obtain a certificate of occupancy; and
WHEREAS, Shadow Mountain Associates-1989 's property is within
a district requiring construction of curb, gutter and sidewalk
prior to issuance of a certificate of occupancy or, in lieu
thereof, an agreement for future construction pursuant to Section
19-100 of the Municipal Code; and
WHEREAS, at this time, the City Engineer deems the
construction of curb, gutter and sidewalk on the SMB Condominiums
to be unfeasible due to existing conditions.
NOW, THEREFORE, the parties agree as follows:
1. Shadow Mountain Associates-1989 agrees to construct curb,
gutter and sidewalk along the frontage of their property
(approximately 60 feet) at a time as the City of Aspen deems
construction necessary and feasible. It is acknowledged by all
parties that the present requirement is for two (2) foot gutter
(existing) , six (6) inch vertical (existing) curb, and five (5)
foot wide concrete sidewalk. Provided, however, that the City
shall not require destruction of the existing trees or historic
7724476 07/l9/90 J4; 39 Rec $10. 00 EC
625 F'6 218
:ri iVi ::.
,. Da•r,,. u, Pit!-:::in C Clerk , Doc $. 00
fence nor covering of the Historic Main Street water ditch, unless
such shall be in accordance with the "Streetscape Guidelines" which
are anticipated to be enacted by City Council in the fall of 1990.
2 . In the alternative, at the City's option, the City may
construct the above improvements and Shadow Mountain Associates-
1989 shall reimburse the City for all reasonable and competitively
bid costs of such construction. Reimbursement shall be made to the
City within ninety (90) days after receipt of invoice.
3 . This agreement shall be binding and shall inure to the
benefit of the heirs, assigns, and successors in title of the
parties hereto.
Entered into this 1pfday of / , 1990.
By: Shad. Mo . : --ociates-1989
BY: ,/�/ °i
C '.r4 In -� 'stment Co •any, Inc. ,
Cn-.r.rng general par er
I. McA. Cunninghar, 'resident
COUNTY OF PITKIN )
ss:
STATE OF COLORADO )
The foreg 'rig instrument was chow a ed bed fore me this
da y of �/ 1990 by ls(
, My commission expires: 9-7/-93
Seal
i
3 ' -
I' F _ / /
•
Notary Publf _
Addres G • •
CITY OF ASPEN, COLORADO A municipal Corporation
By: U( . i (Mayor)
Attest: (City Clerk)
+4324497 07/1.9/90 14: 4O,c $10, 00 13K 625 PG 219
5,ilvie Davis, Pit! In C. Clerk , Doc $. 00
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDOMINIUMIZATION OF S.M.B. CONDOMINIUMS,
A CONDOMINIUM OF LOTS H & I, BLOCK 25, CITY AND TOWNSITE OF ASPEN
WHEREAS, Shadow Mountain Associates (hereinafter "Applicant")
is the owner of a parcel of real property in the City of Aspen,
Pitkin County, Colorado, described as Lots H & I, Block 25, City
and Townsite of Aspen; and
WHEREAS, the foregoing described real property contains 3
approved residential units, 5 commercial units and 3 storage units;
and
WHEREAS, the Applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing the
units on the subject property to be known as S.M.B. Condominiums,
a Condominium; and
WHEREAS, the City Counsel determined at its regular meeting
held Monday, December 11, 1989, that such exception was appropriate
and granted the same, subject, however, to certain conditions as
set forth below.
NOW, THEREFORE, the City Counsel of Aspen, Colorado, does
hereby determine that the Applicant for Exception from the Full
Subdivision Process for the Purpose of Condominiumization of the
above-described property is proper, and hereby grants an exception
from the full subdivision process for such condominiumization.
PROVIDED, HOWEVER, that the foregoing exception is expressly
conditioned upon:
1. The trash service area shall be indicated with
easements on the final plat.
2 . Prior to filing the final plat, the Applicant
shall seek a variance from the Board of
Appeals for a reduction in the length of
parking spaces.
3 . The Applicant shall deed restrict the studio
unit to moderate income, in lieu of the
housing impact fee, subject to review and
approval by the Housing Authority.
4 . The Applicant shall, prior to recording the
plat, submit a statement of subdivision
exemption in a form acceptable to the City
Attorney which shall include that the
Applicant will join any improvement district
that is formed and the property is subject to
a six month minimum lease agreement for both
residential units.
220
g
443'4
Day i F.• , . ' '-.-
ilvia
4497 07/19/9(, 1%
Dated this /114-aay of r , 1990. ; C 'EcHD2I 625 7,7
Attest: CITY OF ASPEN, a Colorado
Kathr Koch, municipal corporation
City lerk
Ey- -/A
William L. Stirlin , Mayor
CONDOMINIUM DECLARATION
FOR
S.M.B. CONDOMINIUMS
THIS DECLARATION is made this in +A day of by , 1990,
by SHADOW MOUNTAIN ASSOCIATES - 1989, a general partnership.
I. DEFINITIONS.
1. 1 Act. "Act" means the Colorado Condominium Ownership Act,
Article 33 of Title 38, 1973 Colorado Revised Statutes, as amended.
1 . 2 Association. "Association" means the S.M.B. Condominium
Association, a Colorado non-profit corporation, its successors and
assigns.
1. 3 Board of Directors. "Board of Directors" means the board
of directors of S.M.B. Condominium Association, and is the board
referred to as "Board of Managers" in Section 38-33-106 1973
Colorado Revised Statutes of the Condominium Ownership Act of
Colorado.
1 . 4 Building. "Building" means the building now constructed
on the Real Property.
1. 5 Common Elements. "Common Elements" means all of the
Project, except the portions thereof which constitute Units, and
also means all parts of the Building or any facilities and fixtures
which may be within a Unit which are or may be necessary or
convenient to the support, existence, use, occupancy, operation,
maintenance, repair, or safety of the Building or any part thereof
or any other Unit therein. The Common Elements shall be owned as
tenants in common by the Owners of the separate Units, each Owner
having an undivided interest in such Common Elements as hereinafter
provided.
1. 6 Common Expenses. "Common Expenses" means and includes:
A. Expenses of administration, operation and management,
repair, or replacement of the Common Elements of the Project;
B. Expenses declared Common Expenses by the provisions
of this Declaration or the Bylaws of the Association;
C. All sums lawfully assessed against the Common
Elements of the Project by the Board of Directors of the
Association;
D. Expenses agreed upon as Common Expenses by the
Association; and
424495 07/19/90 1.4: 38 F .✓ $160. 00 BK 625 PG 186
Silvia Davis, Pitt i.n Cnt'V Clerk: , Doc $. 00
E. Expenses as are provided in any Management Agreement.
1. 7 Condominium Unit. "Condominium Unit" means a Unit
together with the undivided interest in the Common Elements
appurtenant to that Unit. The undivided interest in Common
Elements appurtenant to each Unit is described in the Section of
this Declaration entitled Undivided Interests in Common Elements
(expressed as a percentage of the entire ownership interest in the
Common Elements) as set forth in Exhibit A attached hereto.
1.8 Declarant. "Declarant" means Shadow Mountain Associates
- 1989, a general partnership, and its successors and assigns as
the terms "successors and assigns" are herein limited. A party
shall be deemed a "successor or assign" of Shadow Mountain
Associates - 1989, as Declarant only if specifically designated in
a written and duly recorded instrument as a successor or assign of
Declarant under this Declaration and shall be deemed a successor or
assign of Declarant under this Declaration only as to the
particular rights or interests of Declarant under this Declaration
which are specifically designated in the written instrument.
However, a party acquiring all or substantially all of the right,
title, and interest of Shadow Mountain Associates - 1989, in the
Project by foreclosure, judicial sale, bankruptcy proceedings, or
by other similar involuntary transfer, shall automatically be
deemed a successor and assign of Shadow Mountain Associates, as
Declarant under this Declaration.
1 . 9 Declaration. "Declaration" shall mean this Condominium
Declaration, together with any supplements or amendments thereto
that have been recorded in the office of the Clerk and Recorder of
Pitkin County, Colorado.
1. 10 General Common Elements. "General Common Elements"
means all Common Elements except Limited Common Elements.
1. 11 Limited Common Elements. "Limited Common Elements" mean
those parts of the Common Elements that are either limited to and
reserved for the exclusive use of an Owner of a Condominium Unit or
are limited to and reserved for the common use of more than one,
but fewer than all of the Condominium Unit Owners, which Limited
Common Elements are deemed to be an inseparable appurtenance to
such Condominium Unit or Units, and shall include, but shall not be
limited to, pipes, ducts, electrical wiring, conduits, flues, and
built-in fireplaces (if any) located entirely within a Unit or
adjoining Units and serving only such Unit or Units, the air
conditioning and heating systems serving exclusively any Unit, such
portions of the perimeter walls, floors and ceilings, doors,
windows and all associate fixtures and structures intended to be
physically located within the Unit, as may lie outside the Unit
boundaries. Additionally, Limited Common Elements shall mean and
include any balcony, porch, storage room, or patio that is acces-
-2-
0324495 07/19/90 14: 38 Re, /6160. 00 BK 625 PS 187
Silvia Davis, Pi.t.k:in Cnty lerF , Doc $. 00
sible from, associated with, and/or which adjoins a Unit, as may be
designated, located, or shown on the Condominium Map by legend,
symbol, or word, and shall, without further reference thereto, be
used in connection with such Unit to the exclusion of the use
thereof by the other owners of Condominium Units except by
invitation.
1. 12 Map. "Map" means the Condominium Map for S.M.B.
Condominiums filed or to be filed in the records in the office of
the Clerk and Recorder of Pitkin, County, Colorado ("Pitkin County
Records") and shall include any supplements and amendments thereto.
1. 13 Mortgage and First Mortgage. A "Mortgage" shall mean a
mortgage or a deed of trust or similar security interest
encumbering a Condominium Unit. A "First Mortgage" means a
Mortgage in a position of first priority on the Condominium Unit it
encumbers.
1. 14 Mortgagee and First Mortgagee. "Mortgagee" means any
person or persons or entity or entities who is a mortgagee under a
mortgage or a beneficiary under a deed of trust or similar security
instrument encumbering a Condominium Unit. "First Mortgagee" shall
mean a Mortgagee whose Mortgage is in a position of first priority
on the Condominium Unit it encumbers.
1. 15 Owner. "Owner" means the person or persons or entity or
entities, including Declarant, who own fee simple title to a
Condominium Unit. The term Owner shall not include the owner or
owners of any lesser estate or interest.
1. 16 Project. "Project" means the Real Property, the
Building, and all other improvements on the Real Property.
1. 17 Real Property. "Real Property" means the real property
located in the City of Aspen, Pitkin County, Colorado, described in
Exhibit B attached hereto, together with all rights and interests
appurtenant thereto.
1. 18 Related Party. "Related Party" means any guest,
invitee, tenant, customer, agent, or employee of an Owner, any
member of the family of an Owner or other person who uses the
Condominium Unit of an Owner, and any person or entity, not an
Owner, who has acquired any title or interest in a Condominium Unit
by, through, or under an Owner, including a lessee, licensee, or
Mortgagee and any guest, invitee, subtenant, customer, agent, or
employee of such a person or entity.
1. 19 Unit. "Unit" means an individual air space which is
contained within the windows, doors, and finished perimeter walls,
floors (or lowermost floors, if it is an individual air space Unit
containing more than one level) and ceilings (or the uppermost
-3-
2924495 07/ 19/90 14: 3B Ftec �`60. ii BK 425 PG 188
Silvia Davi.�s, Pitkin Cnty �G1e4^.:: , Doc . nt-
ceilings, if it is an individual air space Unit containing more
than one level) of each Unit as shown on the Condominium Map to be
filed for record, together with all fixtures and improvements
therein contained, but not including any of the Common Elements, if
any, located within the Unit. The term "finished perimeter walls,
floors, and ceilings, " as used herein, shall not include any paint,
carpeting, wallpaper, paneling, or other wall, floor, or ceiling
decorator treatment. Each Condominium Unit is designated on
Exhibit A attached hereto.
1. 20 Penthouse Units. There are two Penthouse Units
(Penthouse Unit "A" and Penthouse Unit "B" as shown on the
Condominium Map) . These units are for residential use only and no
commercial activities, other than rentals for residential purposes,
shall be permitted in the penthouse units.
1.21 Employee Unit. There is one Employee Residential Unit
(Employee Unit "OOA" as shown on Condominium Map) . This unit is
subject to the moderate income employee deed restrictions as
required by the municipal code of the City of Aspen. This unit
shall be used for residential use only and no commercial activity
shall be permitted thereon other than permitted rentals for
residential purposes.
1.22 Commercial Units. There are five Commercial Units
(Commercial Units 101, 102, 103, 104 and Commercial Unit 004 as
shown on the Condominium Map) . These units are for commercial use
only, as permitted by the applicable zoning, and no residential use
of the commercial units shall be permitted.
1.23 Storage Units. There are three Storage Units (Storage
Units 001, 002 and Storage Unit 003 as shown on the Condominium
Map) . These units are to be used for storage purposes only as
permitted by applicable zoning, and no residential use of these
units shall be permitted.
II. DECLARATION AND EFFECT THEREOF.
2 . 1 Declaration. Declarant for itself, its successors and
assigns, as owner of the Project, hereby declares that the Project
shall at all times be owned and held in condominium ownership under
the Condominium Ownership Act of the State of Colorado and shall at
all times be owned, held, used, and occupied subject to the
provisions of this Declaration.
2 .2 Division into Condominium Units. The Project is hereby
divided into Condominium Units, each consisting of a separate fee
simple estate in a particular Unit and an appurtenant undivided fee
simple interest in the Common Elements.
-4-
#324495 07/19/90 14: 38 Rel.-Al60. 00 BI:: 625 PS 189
Silvia Davis, Pitkin Cnty Clerk:. , Doc: $. 0C'
2 . 3 Undivided Interests in Common Elements. The undivided
interest in Common Elements appurtenant to a particular Unit is set
forth on Exhibit A attached hereto. Each Owner shall own his
appurtenant undivided interest in Common Elements as a tenant in
common with all other Owners.
2 . 4 Description of a Unit. Any instrument affecting a
Condominium Unit may legally describe it by the identifying
Condominium Unit number shown on the Map covering the Condominium
Unit. This identifying number for a Condominium Unit in the
Project is the number on the Map identifying the Condominium Unit.
The legal description of the various types of Condominium Units in
the Basic Project may be in the following form:
Residential Penthouse Unit , S.M.B. Condominiums, Pitkin
County, Colorado
Commercial Penthouse Unit , S.M.B.
Condominiums, Pitkin County, Colorado
Employee Unit OOA, S.M.B.
Condominiums, Pitkin County, Colorado
Storage Penthouse Unit , S.M.B.
Condominiums, Pitkin County, Colorado
and any conveyance or other instrument affecting title to a
Condominium Unit or any part thereof describing the Condominium
Unit in the Project in substantially the foregoing form or
otherwise describing the Condominium Unit shall be deemed to
include and describe the entire Condominium Unit including the
appurtenant undivided interest in Common Elements and all of the
rights, easements, obligations, limitations, encumbrances,
covenants, conditions, and restrictions benefiting or burdening the
Condominium Unit under the terms of this Declaration.
Any reference to S.M.B. Condominiums in any description shall
mean S.M.B. Condominiums according to the Map covering the Project
and this Declaration, all as filed and recorded in the office of
the Clerk and Recorder of Pitkin County, Colorado.
2 . 5 Duration of Condominium Ownership. The condominium
ownership of the Project created under this Declaration shall
continue until this Declaration is terminated or revoked as
hereinafter provided.
2 . 6 Inseparability of Condominium Unit. The interest of an
Owner in a Unit and the appurtenant undivided interest in Common
Elements which constitute a Condominium Unit shall be inseparable
for the period of condominium ownership hereinabove described.
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2 .7 Partition of Common Elements not Permitted. The Common
Elements shall be owned in common by all Owners of Condominium
Units, and no Owner may bring any action for partition thereof.
Except as set forth herein, no Owner shall partition or subdivide
any Condominium Unit so as to encumber or convey an interest in
less than an entire Condominium Unit without the prior written
consent of the Declarant as defined in this Declaration. In the
event the Declarant no longer has any ownership interest in the
project, the consent of 100% of the Owners and First Mortgagees
shall be required. In addition, no subdivision may take place
without full compliance with the applicable City of Aspen
Subdivision Regulations as amended from time to time. Subdivision
as used herein shall be deemed to include the division of a
Condominium Unit into time share estates. This Section is not
intended, however, to prohibit joint or common ownership of a
Condominium Unit by two or more persons or entities.
2 .8 Right to Connect Units. An Owner may physically connect
one Unit with the adjoining Unit owned by the same Owner; provided,
however, that no such right may be exercised without the advance
written consent of the Association, properly authorized building
authorities and any First Mortgagee having a Mortgage on either or
both such Units. With the consent first obtained, as provided
herein, an Owner shall connect all or part of such Unit. No entity
from whom approval is required shall be obligated to grant consent.
Such consent shall be at the sole discretion of the approving en-
tities. In the event of any such physical connection of Units,
penetration of any General Common Elements wall, ceiling, or floor
between such Units shall be done only at the location and in the
manner approved in advance in writing both by the Association and
by appropriate governmental building officials. In the event of
any such physical combining of Units to create a combined Unit,
such combined Unit shall also include the combining of the fixtures
and improvements and of the undivided interests in General Common
Elements appurtenant to the Units so combined. Upon separation of
ownership of the connected Units, any General Common Element wall,
ceiling, or floor between such Units shall be immediately restored
to its original state by and at the sole expense of the Owners of
the Units in question, who shall cause the restoration of the
penetrated wall, ceiling, or floor to meet all governmental
requirements and inspections. Upon the failure of such Owners
promptly to attend to the foregoing, the Association shall have the
right, but not an obligation, to take all necessary action to
restore the wall separating the Units together with the electric
and related elements in question, at the expense of the defaulting
Owners. The costs so incurred shall be a debt of the grantors and
grantees of, and a lien against both such previously connected
Units in accordance with the lien provisions elsewhere in this
Declaration. Units shall not be disconnected into more than the
original Unit designations.
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An Owner who connects or disconnects any Unit shall properly
cause to be filed and pay for all costs attendant to an Amended
Condominium Map in conformity with the requirements of Colorado law
and as set forth in this Declaration and an Amendment to the
Declaration setting forth the approvals required herein, the
connection or disconnection, and the revised percentage ownership
of the Unit. In the event two or more Units are connected, the
resulting Unit shall be entitled to the same number of votes as
allocated to the affected Unit(s) prior to modification. In the
event a Unit is disconnected, each resulting Unit shall be entitled
to one vote; provided, however, there shall be no more votes that
are originally provided for under this Declaration.
2 .9 Ad Valorem Taxation. All taxes, assessments, and other
charges of the State of Colorado or of any political subdivision or
of any special improvement district or of any other taxing or
assessing authority shall be assessed against and collected on each
Condominium Unit separately and not on the Building or Project as
a whole and each Condominium Unit shall be carried on the tax books
as a separate and distinct parcel. For the purpose of valuation
for assessment, the valuation of the Common Elements shall be
apportioned among the Units in proportion to the fractional
undivided interests in Common Elements appurtenant to and part of
the Condominium Units. The Association shall deliver to the County
Assessor of Pitkin County, Colorado, a written notice as required
by the Condominium Ownership Act of Colorado, setting forth
descriptions of the Condominium Units and shall furnish all
necessary information with respect to such apportionment of
valuation of Common Elements for assessment. The lien for taxes
assessed to any Condominium Unit shall be confined to that
Condominium Unit. No forfeiture or sale of any Condominium Unit
for delinquent taxes, assessments, or other governmental charges
shall divest or in any way affect the title to any other
Condominium Unit.
2 . 10 Mechanic's Liens. No labor performed or materials
furnished for use in connection with any Condominium Unit with the
consent or at the request of the Owner thereof or his agent,
contractor, or subcontractor shall create any right to file a
statement of mechanic's lien against the Condominium Unit of any
other Owner not expressly consenting to or requesting the same or
against any interest in the Common Elements except the undivided
interest therein appurtenant to the Condominium Unit of the Owner
for whom such labor shall have been performed and such materials
shall have been furnished. Each Owner shall indemnify and hold
harmless each of the other Owners from and against liability or
loss arising from the claim of any lien against the Condominium
Unit, or any part thereof, of any other Owner for labor performed
or for materials furnished, in work on the first Owner's
Condominium Unit. At the written request of any Owner, the
Association shall enforce such indemnity by collecting from the
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Owner of the Condominium Unit on which the labor was performed and
materials furnished the amount necessary to discharge any such
lien, including all costs incidental thereto, including attorneys'
fees. If not promptly paid, the Association may collect the same
in the manner provided herein for collection of assessments.
III . CONDOMINIUM MAP.
2.3 Description. The Map shall be filed for record in the
office of the County Clerk and Recorder of Pitkin County, Colorado.
The Map may be filed in whole or in parts or sections from time to
time. Each section of the Map filed subsequent to the first or
initially filed Map shall be termed a supplement to such Map and
the numerical sequence of such supplement shall be shown thereon.
The Map shall be filed for record prior to the conveyance of a
Condominium Unit to a purchaser. The Map shall depict and show at
least the following: the legal description of the land and survey
thereof; the location of the building on the land, the floor and
elevation plan; the location of the Units within the building, both
horizontally and vertically; the location of any structural
components or supporting elements of the building; and the Unit
designations. The Map shall contain the certificate of a
registered Colorado land surveyor or licensed architect, or both,
certifying that the Map substantially depicts a location and the
horizontal and vertical measurements of the building, the Units,
the Unit designations, the dimension of the Units, the elevations
of the unfinished floors and ceilings as constructed and that such
Map was prepared subsequent to substantial completion of the
improvements. Each supplemental Map and/or any amendment shall set
forth a like certificate when appropriate.
3 .2 Interpretation. When interpreting the Map, the existing
physical boundaries of each separate Unit as constructed shall be
conclusively presumed to be its boundaries; and therefore, shall be
the property intended to be conveyed, reserved, or encumbered,
notwithstanding any minor deviations from the location of such Unit
indicated on the Map.
3 . 3 Amendment. Declarant reserves the right to amend the
Map, from time to time, to conform it to the actual location of any
of the constructed improvements, and to establish, vacate, and
relocate outside the building utility easements and access road
easements.
IV. VARIOUS RIGHTS AND EASEMENTS.
4. 1 Owner' s Rights in General Common Elements. Subject to
the other provisions of the Declaration, each Owner, and any
Related Party of such Owner, shall have a nonexclusive right to use
and enjoy the General Common Elements, provided there is no
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hindrance or encroachment upon the rights of use and enjoyment of
other Owners.
4 .2 Owner' s Rights in Limited Common Elements. Subject to
the other provisions of the Declaration, each Owner, and any
Related Party of such Owner, shall have an exclusive right to use
and enjoy the Limited Common Elements appurtenant to the
Condominium Unit owned by such Owner.
4. 3 Owner's Rights in Unit. Subject to the other provisions
of this Declaration, each Owner shall have full and complete
dominion and ownership of the Unit which is part of the Condominium
Unit owned by such Owner and shall have the exclusive right to use
and enjoy the same.
Each Owner shall have the right (subject, however, to the
provisions of Section 5.2) , to paint, repaint, tile, wax, paper,
and otherwise refinish and decorate the interior surfaces of the
walls, ceilings, floors, and doors which are the boundaries of his
Unit and the walls, ceilings, floors, and doors within the
boundaries of his Unit.
4 .4 Association Rights. The Association shall have a non-
exclusive right and easement to make such use of General Common
Elements, Limited Common Elements, and Units as may be necessary or
appropriate for it to perform the duties and functions which it is
obligated or permitted to perform under this Declaration; provided,
however, that any entry into a Unit shall be made with as little
damage to the Unit entered as possible. Any damage caused to a
Unit shall be repaired by, and at the expense of, the Association.
4. 5 Owners ' Easements for Access, Support, and Utilities.
Each Owner shall have a non-exclusive easement for access between
the Unit which is part of the Condominium Unit of such Owner and
public roads and streets, the entrances, exits, halls, stairs,
landings, fire escapes, land, walks, and exterior access and other
easements which may be part of the General Common Elements. Each
Owner shall have a non-exclusive easement in and over Common
Elements, including Common Elements within the Unit of another
Owner, for horizontal and lateral support of his Unit which is part
of his Condominium Unit and for utility service to that Unit,
including water, sewer, gas, electricity, telephone, and television
service.
4. 6 Easements for Encroachments. If any part of the Common
Elements encroaches or shall hereafter encroach upon a Unit, an
easement for such encroachment and for the maintenance of the same
shall and does exist. If any part of a Unit encroaches or shall
hereafter encroach upon the Common Elements, or upon another Unit,
the Owner of that Unit shall and does have an easement for such
encroachment and for the maintenance of the same. Such
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encroachments shall not be considered to be encumbrances either on
the Common Elements or a Unit. Encroachments referred to herein
include, but are not limited to, encroachments caused by error in
the original construction of the Buildings, by error in the Map, by
settling, rising or shifting of the earth, or by changes in
position caused by repair or reconstruction of the Project or any
part thereof.
4.7 Easements in Unit for Repair. Maintenance, and
Emergencies. Some of the Common Elements are or may be located
within a Unit or may be conveniently accessible only through a
Unit. Each Owner shall have an easement, which may be exercised by
the Association as his agent, and the Association shall have an
easement for access to each Unit and to all Common Elements from
time to time during such reasonable hours as may be necessary for
the maintenance, repair, or replacement of any Unit or the Common
Elements located therein or accessible therefrom.
4 .8 Easements Deemed Appurtenant. The easements and rights
herein created for an Owner shall be appurtenant to the Condominium
Unit of that Owner and all conveyances of and other instruments
affecting title to a Condominium Unit shall be deemed to grant and
reserve the easements and rights as are provided for herein, even
though no specific reference to such easements appears in any such
conveyance.
V. CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION.
5. 1 Association as Attorney-in-fact For Owners. The
Association is hereby irrevocably appointed by Declarant as
attorney-in-fact for Declarant and for all successors and assigns
of Declarant as Owners of Condominium Units and as attorney-in-fact
for each of them to manage, control, and deal with the interest of
such Owner in Common Elements so as to permit the Association to
fulfill all of its duties and obligations hereunder, and to
exercise all of its rights hereunder; to deal with the Project upon
its destruction or obsolescence as hereinafter provided; and to
deal with and handle insurance and insurance proceeds and
condemnation and condemnation awards as hereinafter provided. The
acceptance by any person or entity of any interest in any
Condominium Unit shall constitute an appointment by that person or
entity of the Association as attorney-in-fact as above provided.
5.2 Units, Common Elements, and Utilities. The Association
shall be obligated to and shall provide for the care, operation,
management, maintenance, improvement, repair, and replacement of
the Units, the Limited Common Elements, and the General Common
Elements and for utility service to the Common Elements and to
Units. Without limiting the generality of the foregoing, such
obligations shall include keeping the Units, the Limited Common
Elements, and the General Common Elements in good, clean,
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attractive, and sanitary condition, order, and repair; removing
snow and any other materials from the General Common Elements to
permit access to the Project and the Unit and Limited Common
Elements of any Condominium Unit; keeping the Project safe,
attractive (additions, betterments, or improvements to or on the
Units, the Limited Common Elements, and the General Common
Elements) ; and paying utility charges except any separately metered
utilities which shall be paid by the Owner or user of the space
served thereby. No prior approval of Owners shall be required for
such work but prior approval of the Association, acting through its
officers or Board of Directors, shall be required for all such
work.
5. 3 Other Association Functions. The Association may
undertake any activity, function, or service for the benefit or to
further the interests of all, some, or any Owners of Condominium
Units on a self-supporting, special assessment, or common
assessment basis. Such activities, functions, or services may
include, but are not limited to, the providing of police or similar
security services and the providing of garbage and trash collection
services.
5.4 Accounting and Legal Services. The Association or an
independent contractor retained by the Association shall maintain
such records, keep such accounts, and do such billing and
collecting as is needed in connection with the Association's
activities under this Declaration. The Association, from time to
time, shall contract for the services of lawyers and certified
public accountants as the needs of the Association shall demand.
The Association shall obtain an annual, independent audit of the
accounting books and records pertaining to the Association and
shall furnish copies thereof to the Owners. At any time, any Owner
may, at his own expense, cause an audit or inspection to be made of
the books and records of the Association.
5.5 Labor and Services. The Association may obtain and pay
for the services of any person or entity to manage its affairs, or
any part thereof, to the extent it deems advisable, as well as such
other personnel as the Association shall determine to be necessary
or desirable for the proper operation of the Project, whether such
personnel are furnished or employed directly by the Association or
by any person or entity with whom or which it contracts. The
Association may obtain and pay for legal and accounting services
necessary or desirable in connection with the operation of the
Project or the enforcement of this Declaration. The Association
may arrange with others to furnish lighting, heating, water, trash
collection, sewer service, and other common services to each Unit
within the Project.
5. 6 Real and Personal Property of Association. The
Association may acquire and hold interests in real property and in
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tangible and intangible personal property and may dispose of the
same by sale or otherwise. Subject to the rules and regulations of
the Association, each Owner and Related Parties of an Owner may use
such property. Upon termination of condominium ownership of the
Project and dissolution of the Association the beneficial interest
in any such property shall be deemed to be owned by the then Owners
as tenants in common in the same proportion as their respective
interests in the Common Elements.
5.7 Association Right to Lease and License Common Elements.
The Association shall have the right to lease or license, or permit
the use of any portion of the General Common Elements or any
Condominium Unit owned by the Association, on either a short or
long term basis and with any charge by the Association to be
applied to reduce amounts to be raised by regular assessments.
5.8 Rules and Regulations. The Association may make and
enforce reasonable and uniformly applied rules and regulations
governing the use of Units and of Common Elements. Such rules and
regulations may, without limitation: (a) regulate use of Common
Elements, including, but not limited to, any parking areas upon the
Real Property, to assure equitable use and enjoyment by all persons
entitled thereto; (b) require that draperies, shades, or other
window coverings shall present a uniform and attractive appearance
from the exterior of the Buildings; (c) assign particular portions
of storage areas within the General Common Elements for exclusive
use by occupants of particular Condominium Units, and (d) restrict
or limit rights of Owners and Related Parties to use portions of
the General Common Elements which may be licensed or leased by the
Association for a particular use, purpose, or event. The Associ-
ation shall make reasonable efforts to furnish each Owner with a
written copy of each rule or regulation adopted pursuant to this
Section. The Association may suspend any Owner's voting rights in
the Association or the right of such Owner and Related Parties of
such Owner to use any part of the General Common Elements during
any period or periods during which such Owner or a Related Party of
such Owner fails to comply with such rules and regulations or with
any other obligations of such Owner or Related Party under this
Declaration. The Association may also take judicial action against
any Owner or Related Party to enforce compliance with such rules,
regulations, or other obligations or to obtain damages for non-
compliance.
5. 9 Implied Rights. The Association shall have and may
exercise any right or privilege given to it expressly by this
Declaration, or reasonably to be implied from the provisions of
this Declaration, or given or implied by law, or which may be
necessary or desirable to fulfill its duties, obligations, rights,
or privileges.
VI. THE ASSOCIATION.
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6.1 General Purposes and Powers. The business and affairs of
the Project shall be governed and managed by the S.M.B. Condominium
Association through its Board of Directors. The Association shall
perform functions and hold and manage property as provided in this
Declaration and to further the interests of Owners of Condominium
Units in the Project. It shall have all powers necessary or
desirable to effectuate these purposes.
6.2 Governing Documents. The administration of the Project
shall be governed by this Declaration, the Articles of
Incorporation, and the ByLaws of the S.M.B. Condominium Asso-
ciation.
6. 3 Regular Membershin. There shall be one Regular
Membership in the Association for each Condominium Unit, which
Regular Membership shall be appurtenant to the fee simple title to
such Condominium Unit. The Owner of each Condominium Unit shall
automatically be the Owner of the Regular Membership appurtenant to
that Condominium Unit and title to and ownership of the Regular
Membership for the Condominium Unit shall automatically pass with
fee simple title to the Condominium Unit. Each Owner of a
Condominium Unit shall automatically be entitled to the benefits
and subject to the burdens relating to the Regular Membership for
his Condominium Unit. If fee simple title to a Condominium Unit is
held by more than one person or entity, the Regular Membership
appurtenant to that Condominium Unit shall be shared by all such
persons or entities in the same proportionate interest and by the
same type of ownership as fee simple title to the Condominium Unit
is held. Regular Memberships in the Association shall be limited
to Owners of Condominium Units in the Project.
6.4 Board of Directors. The affairs of the Association shall
be managed by a Board of Directors which may, however, by
resolution, delegate any portion of its authority to a committee
appointed by the Board of Directors. Members of the Board of
Directors shall be elected annually by Owners (subject to the right
of Declarant to elect all of the members of the Board of Directors
for the Period of Declarant's Special Membership as hereinabove
provided) . The number and qualifications of Directors shall be as
provided in the Articles of Incorporation or ByLaws of the
Association. A Director must be an Owner of a Condominium Unit as
required by the Condominium Ownership Act of Colorado.
6.5 Professional Management. The Association may obtain and
pay for services of a professional managing agent to manage its
affairs, whether such services are in lieu of or supplemental to
the service to be provided by the Association. For the period of
its special membership, Declarant shall have the right to appoint
the managing agent.
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6. 6 Voting of Owners. The voting rights of all Owners shall
be based upon the ownership interest of each Condominium Unit in
the Common Elements. Unless otherwise provided in the Articles of
Incorporation or ByLaws of the Association, voting by proxy shall
be permitted and cumulative voting shall be permitted.
6.7 Notices. Each Owner shall be entitled to notice of any
meeting at which such Owner has the right to vote. Notices of
meetings shall be in writing and shall state the date, time, and
place of the meeting and shall indicate each matter to be voted on
at the meeting which is known to the Association at the time notice
of the meeting is given. Such notice shall be delivered not less
than ten (10) nor more than fifty (50) days before the date of the
meeting. Any notice shall be deemed given and any budget or other
information or material shall be deemed furnished or delivered to
a party at the time a copy thereof is deposited in the mail or at
a telegraph office, postage or charges prepaid, addressed to the
party, and in any event, when such party actually received such
notice, information, or material. Any notice, information, or
material shall be deemed properly addressed to an Owner if it is
addressed to the name and address shown on the most recent written
notice of name and address, if any, furnished to the Association by
such Owner, or, if a name and address is not so furnished, if it is
addressed "To the Owner" at the address of the Condominium Unit of
such Owner.
6. 8 Record Date. The Board of Directors of the Association
shall have the power to fix in advance a date as a record date for
the purpose of determining Owners entitled to notice of or to vote
at any meeting or to be furnished with any budget or other
information or material, or in order to make a determination of
Owners for any purpose. The Owners existing on any such record
date shall be deemed the Owners for such notice, vote, meeting,
furnishing of information or material or other purpose and for any
supplementary notice, or information or material with respect to
the same matter and for any adjournment of the same meeting. A
record date shall not be more than fifty (50) days prior to the
date on which the particular action requiring determination of
Owners is proposed or expected to be taken or to occur. If no
record date is established for a meeting, the date on which notice
of such meeting is first given to any Owner shall be deemed the
record date for the meeting.
6.9 Quorums. One-half (1/2) of the votes entitled to vote on
any matter present, in person, or by proxy, at a meeting to
consider a matter, or actually voting on the matter shall
constitute a quorum for consideration of that matter. If a quorum
is established for consideration of a matter, except as a greater
percentage of votes is required under a specific provision of this
Declaration, a majority of the votes cast on the matter or, in the
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case of elections in which there are more than two candidates, a
plurality of votes cast, shall decide the matter.
6. 10 Articles of Incorporation and ByLaws. The purposes and
powers of the Association and the rights and obligations with
respect to Owners or Membership set forth in this Declaration may
and shall be amplified by provisions of the Articles of
Incorporation and ByLaws of the Association, including any
reasonable provisions with respect to corporate matters, but no
such provisions may be, at any time, inconsistent with any
provision of this Declaration.
VII. ASSESSMENTS.
7. 1 Assessments-Generally. Each Owner shall be obligated to
pay and shall pay to the Association the estimated assessments
imposed by the Association to meet the Common Expenses of
maintenance, operation, and management of the Project, which
amounts are herein called Assessments.
Subject to the provisions hereof, the Board of Directors of
the Association shall have the power and authority to determine all
matters in connection with Assessments including power and
authority to determine where, when, and how Assessments shall be
paid to the Association, and each Owner shall be required to comply
with any such determinations.
7 . 2 Determination of Amount of Regular Assessments. The
total amount to be raised by regular assessments shall be
determined for each fiscal period of the Association by the Board
of Directors of the Association. The amount to be raised by
regular assessments for any fiscal period shall be that amount
necessary to cover the costs and expenses of fulfilling the
functions and obligations of the Association in that fiscal period
plus an amount to provide a reasonable carry-over reserve for the
next fiscal period. Services provided by the Association which are
paid out of the regular assessments are listed in Article IV of
this Declaration. The amount to be raised by regular assessments
shall include amounts necessary to cover obligations made in
connection with, or contemplated under, any previous budget. There
shall be no division of assessment charges between General and
Limited Common Elements. Because of the diverse uses of certain
services by the commercial and residential owners, the allocation
of the cost of such services between the commercial and residential
owners shall be in accordance with the percentages set forth on
Exhibit B attached hereto. Such percentage allocation may be
revised by the Association based upon changed usage or
circumstances based upon the Association's reasonable judgment.
To determine the total amount required to be raised by regular
assessments, the Board of Directors shall cause to be prepared a
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budget for the fiscal period showing, in reasonable detail, the
estimated costs and expenses which will be payable in that fiscal
period and for a reasonable carry-over reserve and the estimated
income and other funds which will be available in that fiscal
period. The method to be used by the Board of Directors in
estimating the amount of the budget shall be to review historical
costs, to assess inflation and other external factors, to establish
the repairs and maintenance desirable during the budget period, and
to consider such other facts as the Board of Directors shall deem
relevant. The Board of Directors shall furnish a copy of the
budget to any Owner upon request. The budget shall not, however,
require the approval of Owners and the Board of Directors need not
submit the budget for the approval of Owners.
Regular assessments shall be collected by the Association
initially on a calendar quarter basis, but may be collected on a
different timetable in the discretion of the Board of Directors.
Except as emergencies may require, the Association shall make no
commitment or expenditures in excess of the funds reasonably
expected to be available to the Association.
7. 3 Capital Assessments. In addition to regular assessments,
the Association may levy capital assessments, payable over such
period as the Association may determine, for the purpose of
defraying, in whole or in part, to the extent the amounts in any
capital reserve fund are insufficient therefor, the cost of any
construction or reconstruction, repair or replacement of the
Project or any part thereof, or for any other expense incurred or
to be incurred as provided in this Declaration.
7.4 Supplementary Assessments. In the event the amount
received by the Association on account of regular or capital
assessments is less than the amount required by the Association,
whether as a result of defaults by some Owners in making payments
or as a result of mistaken estimates in budgeting or otherwise, the
Board of Directors may, at any time, levy supplementary assessments
to cover the deficiency.
7 .5 Commencement of Assessments. An Owner's obligations to
pay Assessments shall commence on the first day of the month after
the recording of this Declaration by Declarant in the Pitkin County
Records. The first quarterly payment for regular assessments for
each Condominium Unit may include, an additional assessment in
order to establish an initial working capital fund for the
Association (the "Working Capital Contribution") . The Working
Capital Contribution shall be retained by the Association and shall
not be refundable to an Owner, whether upon the sale of such
Owner's Condominium Unit or otherwise.
7. 6 Apportionment of Assessments. Assessments shall be
apportioned among the Owners according to each Owner's
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proportionate share of Common Elements appurtenant to such Owner's
Condominium Unit as set forth on Exhibit A attached hereto.
7 . 7 Cap On Assessments Associated with Employee Unit
Notwithstanding the foregoing provisions, the regular and
supplementary assessments chargeable to the Employee Unit shall not
exceed the sum of $150. 00 per month (hereinafter "the cap") as
adjusted for cost of living increases as set forth below.
The $150. 00 per month cap shall be adjusted for each year
subsequent to the first year (or partial year) of the Association's
existence. Each year immediately preceding the year for which an
adjustment is to be made shall be referred to as a base year. Each
year for which an adjustment is to be made shall be referred to as
an adjusted year and shall commence on July 1 of each adjusted year
and shall continue for the next twelve calendar months.
The adjusted cap shall be an amount equal to the cap for the
base year, multiplied by a figure whose denominator shall be the
Consumer Price Index (all Urban Consumers) (hereinafter called
"CPI") , for the Denver, Colorado Metropolitan Area (as published by
the U.S. Department of Labor's Bureau of Labor Statistics) for the
period of January through June of the year immediately preceding
the base year and whose numerator shall be the CPI for the period
of January through June of the base year. An adjustment, under a
formula supplied by the Bureau of labor Statistics or its
successor, shall be made for the CPI denominator if it is based on
a period different from that period upon which the CPI numerator is
based.
If the described index shall no longer be published,
another index generally recognized as authoritative shall be
substituted by the chief officer of the Denver regional office of
the Bureau of Labor Statistics or its successor.
In addition to the foregoing, the Employee Unit shall not be
subject to capital assessments except for roof replacement,
painting on a basis no more frequently then every three years, and
for other capital items directly associated with and used by the
Employee Unit.
The provisions set forth in this paragraph shall not be
subject to amendment or revision except with the prior written
consent of the City of Aspen.
7. 8 Time for Payments. The amount of any Assessment, charge,
fine, penalty, or other amount payable with respect to any Owner,
Related Party of an Owner or Condominium Unit shall become due and
payable as specified by the Board of Directors of the Association
and, in any event, thirty (30) days after any notice of the amount
due as to such assessment, charge, fine, penalty, or other amount
shall have been given by the Association to such Owner, and any
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such amount shall bear interest at a rate as the Board of Directors
may, from time to time, by resolution fix, from the date due and
payable until paid.
7.9 Lien for Assessments and Other Amounts. The Association
shall have a lien against each Condominium Unit to secure payment
of any Assessment, charge, fine, penalty, or other amount due and
owing to the Association with respect to the Condominium Unit by
the Owner of that Condominium Unit or a Related Party of such Owner
plus interest from the date due and payable, plus all costs and
expenses of collecting the unpaid amount, including reasonable
attorneys' fees. The lien may be foreclosed in the manner for
foreclosure of mortgages in the State of Colorado.
7 . 10 Liability of Owners, Purchasers, and Encumbrances. The
amount of any Assessment, charge, fine, or penalty payable with
respect to any Condominium Unit by the Owner, or a Related Party of
such Owner, shall be a joint and several obligation to the
Association of such Owner and such Owner's heirs, personal
representatives, successors, and assigns. A party acquiring fee
simple title to a Condominium Unit shall be jointly and severally
liable with the former Owner for all such amounts which had accrued
and were payable at the time of the acquisition of fee simple title
to the Condominium Unit by such party without prejudice to such
party's right to recover any of such amounts paid from the former
Owner. Each such amount, together with interest thereon, may be
recovered by suit for a money judgment by the Association without
foreclosing or waiving any lien securing the same. Notwithstanding
the foregoing, a first Mortgagee of a Condominium Unit shall not be
liable for any such Assessment, charge, fine, or penalty. In
addition, the lien for any such Assessments, charges, fines, or
penalties shall be junior to the lien of a First Mortgage on a
Condominium Unit taken in good faith for value if such First
Mortgage is perfected by recording in the office of the County
Clerk and Recorder of Pitkin County, Colorado, prior to the time a
notice of lien for failure to pay any such amount is recorded in
such office by the Association.
7 .11 Estoppel Certificate. Upon payment of a reasonable fee
as determined from time to time by the Association and upon written
request of any Owner or any person with any right, title, or
interest in a Condominium Unit or intending to acquire any right,
title, or interest in a Condominium Unit, the Association shall
furnish a written statement of account setting forth the amount of
any Assessments, charges, fines, or penalties, if any, due or
accrued and then unpaid with respect to a Condominium Unit, the
Owner of the Condominium Unit and a Related Party of such Owner.
Such statement shall also set forth the amount of the Assessments
for the current fiscal period of the Association payable with
respect to the Condominium Unit. Such statement shall, with
respect to the party to whom it is issued, be conclusive against
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the Association and all parties, for all purposes, that no greater
or other amounts were then due or accrued and unpaid.
VIII. USE AND OTHER RESTRICTIONS.
8. 1 Common Elements Use - Conversion of Limited Common
Elements. Except as specifically provided otherwise herein, the
Association may permit or authorize use of any of the General
Common Elements in the Project as the Association deems best and
may, only at the request of the Owner of a Condominium Unit,
convert any Limited Common Element appurtenant to that Condominium
Unit to a General Common Element or authorize other use of such
Limited Common Element by the Owner of the Condominium Unit to
which it is appurtenant.
8.2 Common Elements Restrictions. All use and occupancy of
Common Elements shall be subject to and governed by rules and
regulations of the Association. No Owner, no Related Party of an
Owner, and no tenant of the Association or other occupant of Common
Elements shall obstruct, damage, or commit waste to any of the
Common Elements. No Owner and no Related Party of an Owner, shall
change, alter or repair, or store anything in or on any of the
Common Elements without the prior written consent of the
Association.
8 .3 No Imperiling of Insurance. No Owner, no Related Party
of an Owner, and no occupant of Common Elements shall do anything
or cause anything to be kept in or on the Project which might
result in an increase in the insurance premiums of insurance
obtained for the Project or which might cause cancellation of such
insurance without the prior written consent of the Association.
8 . 4 No Violation of Law. No Owner, no Related Party of an
Owner, and no occupant of Common Elements shall do anything or keep
anything in or on the Project which would be in violation of any
statute, rule, ordinance, regulation, permit, or other validly
imposed requirement of any governmental body.
8. 5 Maintenance of Units and Limited Common Elements. Each
Unit and all other improvements, fixtures and furniture and
equipment therein and any Limited Common Elements appurtenant to a
Condominium Unit shall be kept and maintained by the Owner, in a
clean, safe, attractive, and sightly condition and in good repair.
No structural alterations within any Unit or with respect to any
Limited Common Elements shall be made and no electrical, plumbing,
or similar work within any Unit shall be done without the prior
written consent of the Association.
8. 6 No Violation of Rules. No Owner, no Related Party of an
Owner, and no occupant of Common Elements shall violate the rules
and regulations adopted from time to time by the Board of Directors
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whether relating to the use of Condominium Units, the use of Common
Elements, or otherwise.
8 .7 Owner Caused Damage. If, due to the act or neglect of an
Owner or a Related Party of an Owner, loss or damage shall be
caused to any person or property, including the Project or any Unit
therein, such Owner shall be liable and responsible for the same
except to the extent that such damage or loss is covered by
insurance obtained by the Association and the carrier of the
insurance has waived its rights of subrogation against such Owner.
The amount of such loss or damage may be collected by the
Association from such Owner as a special assessment against such
Owner, by legal proceedings or otherwise, and such amount shall be
secured by a lien on the Condominium Unit of such Owner as provided
elsewhere in this Declaration for assessments or other charges.
8.8 No Impairment of Structural Integrity. Nothing shall be
done, without the written consent of the Association, in, on, or to
any Unit or the Common Elements, or any portion thereof, which
might impair the structural integrity of the Buildings or which
would structurally change the Buildings.
8 .9 Animal Restrictions. Owners shall be permitted to keep
non-exotic domestic house pets on the Property. The Board shall
have the right to issue any rules it deems appropriate concerning
the keeping of animals off of the Property and the obligations of
Owners and their families and guests in connection therewith. An
Owner shall be absolutely liable to the Association and to all
other Owners and their employees, families and guests for any
unreasonable noise or damage to any person or property caused by
any animal brought or kept on the Property by such Owner, his
employees, members of his family or his guests. In the event a pet
becomes obnoxious to the other unit Owners, the Association shall
so notify the Owner in writing. If the problem is not rectified
within five (5) days of receipt of such notice, the Association
shall have the right to have the animal removed from the property.
8. 10 Mortgaging a Condominium Unit--Priority. Any Owner
shall have the right from time to time to mortgage or encumber his
Condominium Unit by deed of trust, mortgage, or other security
instrument. The Owner of a Condominium Unit may create junior
mortgages (junior to the lien, deed of trust, or other encumbrance
of the first mortgagee) on his Condominium Unit on the following
conditions: (1) that any such junior mortgages shall always be
subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, liens for common
expenses, and other obligations created by this Declaration, the
Articles, the Bylaws, and rules and regulations promulgated
thereunder, and (2) that the mortgagee under any junior mortgage
shall release for the purpose of restoration of any improvements on
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the mortgaged premises all of his right, title, and interest in and
to the proceeds under all insurance policies effected and placed on
the project by the Association. Such release shall be furnished
forthwith by a junior mortgagee on written request of any one or
more of the board of directors of the Association, and if not
furnished, may be executed by the Association as attorney-in-fact
for such junior mortgagee.
IX. INSURANCE.
9. 1 Insurance Requirements Generally. The Association shall
obtain and maintain in full force and effect at all times certain
property, liability, and other insurance as hereinafter provided.
All such insurance shall be obtained from responsible companies
duly authorized and licensed to carry on the insurance business in
the State of Colorado. All such insurance, to the extent possible,
shall name the Association as the insured, in its individual
capacity and also either as attorney-in-fact or trustee for all
Owners. To the extent reasonably possible without unreasonable
cost, insurance: (a) shall provide for a waiver of subrogation by
the insurer as to claims against the Association, its directors,
officers, employees, and agents and against each Owner and each
Owner's employees, agents, and Related Parties; (b) shall provide
that the insurance cannot be canceled, invalidated, or suspended on
account of the conduct of the Association, its officers, directors,
employees, and agents or of any Owner of such Owner's Related
Parties; (c) shall provide that any "no other insurance" clause in
the insurance policy shall exclude any policies of insurance
maintained by any Owner or Mortgagee and that the insurance policy
shall not be brought into contribution with insurance maintained by
any Owner or Mortgagee; (d) shall contain a standard mortgage
clause endorsement in favor of the Mortgagee of any Condominium
Unit except a Mortgagee of a Condominium Unit who is covered by
other similar insurance; (e) shall provide that the policy of
insurance shall not be terminated, canceled, or substantially
modified without at least ten (10) days' prior written notice to
the Association and to each Owner and to each Mortgagee covered by
any standard mortgage clause endorsement; and (f) shall provide
that the insurer shall not have the option to restore the premises
if condominium ownership of the Project is to be terminated or the
Project is to be sold in its entirety in accordance with the
destruction, condemnation, and obsolescence provisions of this
Declaration. To the extent possible, public liability and property
damage insurance shall provide for coverage of any cross liability
claims of Owners against the Association or other Owners and of the
Association against Owners without right of subrogation. Any
insurance policy may contain such deductible provisions as the
Association deems consistent with good business practices.
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All policies shall be written by a company, or companies
falling into a financial category, as designated in Best's Key
Rating Guide, of Class A or better.
Certificates of insurance coverage or copies of insurance
policies shall be issued to each Owner and each Mortgagee who makes
written request to the Association for any such certificate or copy
of an insurance policy.
The cost and expense of all insurance obtained by the
Association, except insurance covering additions, alterations, or
improvements made to a Condominium Unit by an Owner or other
insurance obtained at the request of and specifically benefitting
any particular Owner, shall be a common expense to be covered by
assessments as elsewhere provided in this Declaration.
9 .2 Property Insurance. The Association shall obtain and
maintain property insurance insuring the Project, and each
Condominium Unit, and may, but shall not be required, to obtain and
maintain property insurance insuring the furnishings and personal
property belonging to Owners, against loss or damage by fires and
such other hazards as are covered under standard extended coverage
policies, vandalism, and malicious mischief and, if available and
if deemed appropriate by the Association, war risk, for the full
replacement cost of the Project, including each Condominium Unit,
or such furnishings and personal property, as the case may be. At
the option of the Association such insurance may also cover
additions, alterations, or improvements to a Condominium Unit made
by an Owner if the Owner reimburses the Association for any
additional premiums attributable to such coverage. The Board of
Directors shall from time to time be required to redetermine the
full replacement cost of the Project, each Condominium Unit, and
such furnishings and personal property in accordance with the
requirements of the insurance company providing such property
insurance. The Association shall not be obligated to apply
insurance proceeds to restore a Condominium Unit to a condition
better than the condition existing prior to the making of
additions, alterations, or improvements by an Owner in the absence
of insurance covering such additions, alterations, or improvements
as aforesaid.
9. 3 Public Liability and Property Damage Insurance. The
Association shall obtain and maintain comprehensive public
liability and property damage insurance covering personal
liability, property damage liability, and automobile personal and
property damage liability of the Association, its officers,
directors, employees, and agents and of each Owner and each Owner's
Related Parties, arising in connection with ownership, operation,
maintenance, occupancy or use of the Project or of any Condominium
Unit in the Project with single limit of not less than $2, 000, 000
for each occurrence involving bodily injury liability and/or
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property damage liability together with an umbrella policy in the
amount of $2, 000, 000. 00.
9.4 Workmen's Compensation and Employer's Liability
Insurance. The Association shall obtain and maintain workmen's
compensation and employers liability insurance as may be necessary
to comply with applicable laws.
9.5 Insurance by Owners. Except to the extent coverage
therefor may be obtained by the Association and be satisfactory to
an Owner, each Owner shall be responsible for obtaining insurance
he deems desirable, including insurance covering furnishings and
personal property belonging to that Owner and covering personal
liability of that Owner and that Owner's Related Parties. Any
insurance policy obtained by an Owner shall be such that it will
not diminish or adversely affect or invalidate any insurance or
insurance recovery under policies carried by the Association and
shall, to the extent possible, contain a waiver of the right of
subrogation by the insurer as to any claim against the Association,
its officers, directors, agents, and employees and against other
Owners and their Related Parties. A copy of any insurance policy
obtained by any Owner shall be furnished to the Association on an
annual basis.
9. 6 Receipt and Application of Insurance Proceeds. Except as
some particular person has a legal right to receive insurance
proceeds directly, all insurance proceeds and recoveries shall be
paid to and received by the Association. All insurance proceeds or
recoveries received by the Association shall be applied by the
Association: First, as expressly provided elsewhere in this
Declaration; second, to the Owners or persons who the Association
may determine are legally or equitably entitled thereto; and third,
the balance, if any, to Owners in proportion that the fair market
value of each Owner's Condominium Unit bears to the total value of
all Condominium Units in the project. For purposes of this
Declaration, the fair market value shall be determined by the same
M.A. I. appraiser appointed by the Association to determine Restored
Value. Fair market value shall be determined by such appraiser as
of the date of destruction.
9 .7 Other Insurance by Association. The Association shall
also have the power or authority to obtain and maintain other and
additional insurance coverage, including casualty insurance
covering personal property of the Association, fidelity bonds, or
insurance covering employees and agents of the Association and
insurance indemnifying officers, directors, employees, and agents
of the Association.
X. DESTRUCTION, CONDEMNATION, OBSOLESCENCE, AND
RESTORATION OR SALE OF PROJECT.
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10. 1 Certain Definitions. The following terms shall have the
following definitions:
"Substantial Destruction" shall mean any casualty, damage, or
destruction to the Project or any part thereof if the Estimated
Costs of Restoration less Available Funds are fifty percent (50%)
or more of the estimated Restored Value of the Project. "Partial
Destruction" shall mean any other casualty, damage, or destruction
of the Project or any part thereof.
"Substantial Condemnation" shall mean the complete taking of
the Project or a taking of part of the Project under eminent domain
or by grant or conveyance in lieu of condemnation if the Estimated
Costs of Restoration less Available Funds are fifty percent (50%)
or more of the estimated Restored Value of the Project. "Partial
Condemnation" shall mean any other such taking by eminent domain or
by grant or conveyance in lieu of eminent domain.
"Substantial Obsolescence" shall exist whenever one hundred
percent (100%) in interest of the Owners determine, by vote, that
Substantial Obsolescence exists or whenever the Project or any part
thereof has reached such a state of obsolescence or disrepair that
the Estimated Costs of Restoration less Available Funds are fifty
percent (50%) or more of the Estimated Restored Value of the
Project. "Partial Obsolescence" shall mean any state of
obsolescence or disrepair which does not constitute Substantial
Obsolescence.
"Restoration, " in the case of any casualty, damage, or
destruction, shall mean restoration of the Project to the same or
substantially the same condition in which it existed prior to the
casualty, damage, or destruction; in the case of condemnation,
shall mean restoration of the remaining portion of the Project to
as attractive, sound, and desirable condition as possible; and, in
the case of obsolescence, shall mean restoration of the Project to
a condition as attractive, sound, and desirable as possible.
"Restored Value" shall mean the value of the Project after
Restoration as estimated by the Association, based on an M.A. I.
appraisal.
"Estimated Costs of Restoration" shall mean the costs of
restoration as estimated by the Association.
"Available Funds" shall mean any proceeds of insurance or
condemnation awards or payments in lieu of condemnation and any
uncommitted income or funds of the Association other than the
income or funds derived through capital assessments.
Available Funds shall not include that portion of insurance
proceeds legally required to be paid to another party, including a
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Mortgagee, or that portion of any condemnation award or payment in
lieu of condemnation payable to the Owner of a Condominium Unit for
the condemnation or taking of that Owner's Condominium Unit.
10. 2 Restoration of the Project. Restoration of the Project
shall be undertaken by the Association without a vote of Owners in
the event of Partial Destruction, Partial Condemnation, or Partial
Obsolescence but shall be undertaken in the event of Substantial
Destruction, Substantial Condemnation, or Substantial Obsolescence
only with the consent of one hundred percent (100%) in interest of
all Owners and one hundred percent (100%) in number of all
Mortgagees. In the event the insurance proceeds actually received
exceed the cost of restoration when such restoration is undertaken
pursuant to this section, the excess shall be paid and distributed
to each Owner, or Mortgagee of any Owner, in proportion of such
Owner's undivided interest in the Common Elements.
10.3 Sale of the Proiect. The Project shall be sold in the
event of Substantial Destruction, Substantial Condemnation, or
Substantial Obsolescence unless consent to Restoration has been
obtained from one hundred percent (100%) in interest of all Owners
and consent to Restoration of one hundred percent (100%) in number
of all Mortgagees has been obtained. In the event of a sale,
condominium ownership under this Declaration shall terminate and
the proceeds of sale and any insurance proceeds, condemnation
awards, or payments in lieu of condemnation shall be distributed by
the Association to each Owner, or the Mortgagee of an Owner, in
proportion that the fair market value of each Owner's Condominium
Unit bears to the total value of all Condominium Units in the
Project. For purposes of this Declaration, the fair market value
shall be determined, in the event of condemnation by the condemning
authority, or in the event of destruction, by the same M.A.I.
appraiser appointed by the Association to determine Restored Value.
Fair market value, in the event of destruction, shall be determined
by such appraiser as of the date of destruction.
10.4 Authority of Association to Restore or Sell. The
Association, as attorney-in-fact for each Owner, shall have full
power and authority to restore or to sell, as the case may be, the
Project and each Condominium Unit in the Project whenever Restora-
tion or Sale, as the case may be, is to be undertaken as
hereinabove provided. Such authority shall include the right and
power to enter into any contracts, deeds, or other instruments
which may be necessary or appropriate for Restoration or Sale, as
the case may be.
10.5 Payment of Proceeds. In the event of Substantial
Destruction, Condemnation, or Obsolescence, all insurance proceeds,
proceeds of sale, condemnation awards, or payments in lieu of
condemnation shall be paid to the Association, as trustee for all
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of the Owners and any Mortgagee, as the interest of such Owners and
any such Mortgagee may appear.
10. 6 Special Assessments for Restoration. When Restoration
is to be undertaken, the Association may levy and collect
assessments from each Owner in proportion to each Owner's undivided
interest in Common Elements, payable over such period as the
Association may determine, to cover the costs and expenses of
Restoration to the extent not covered by Available Funds. Such
special assessments shall be secured by a lien on the Condominium
Unit of each Owner as in the case of regular assessments.
Notwithstanding any other provision in this Declaration, in the
case of Substantial Destruction, Substantial Condemnation, or
Substantial Obsolescence, any such special assessment shall not be
a personal obligation of any Owner who did not consent to
Restoration but, if not paid, may be recovered only by foreclosure
of the lien against the Condominium Unit of such Owner.
10.7 Receipt and Application of Condemnation Funds. All
compensation, damages, or other proceeds constituting awards in
condemnation or eminent domain or payments in lieu of condemnation
or eminent domain shall be payable to the Association. The amount
thereof allocable to compensation for the taking of or injury to
the Unit within a Condominium Unit or to improvements of an Owner
therein shall be apportioned to the Owner of that Condominium Unit
except to the extent used for Restoration of that Condominium Unit.
The balance of the award shall be applied to costs and expenses of
Restoration, if undertaken, and, to the extent not so applied,
shall be allocated as set forth in paragraph 10. 3 above.
10. 8 Reorganization in the Event of Condemnation. In the
event all of the Unit of a Condominium Unit is taken in
condemnation, the Condominium Unit containing that Unit shall cease
to be part of the Project, the Owner thereof shall cease to be a
member of the Association, and the undivided interest in Common
Elements appurtenant to that Unit shall automatically become vested
in the Owners of the remaining Units in proportion to their
respective undivided interests in the Common Elements. In the
event part of the Unit of a Condominium Unit is taken in
condemnation, the Common Element allocation attributable to that
Condominium Unit shall be reduced in direct proportion to the
reduction in square footage of the Unit, and the undivided interest
of Owners in Common Elements and the voting rights and assessment
obligation of all Owners shall automatically be adjusted
accordingly.
XI. MISCELLANEOUS.
11. 1 Duration of Declaration. Each provision contained in
this Declaration which is subject to the laws or rules sometimes
referred to as the rule against perpetuities or the rule
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prohibiting unreasonable restraints on alienation shall continue
and remain in full force and effect for the period of twenty-one
(21) years following the death of the last survivor of I.
McAllister Cunningham, Doug Throm and Stan A. Mathis, all of Aspen,
Colorado, and the now living children of such persons or until the
Declaration is terminated as hereinafter provided, whichever first
occurs. All other provisions contained in this Declaration shall
continue and remain in full force and effect until condominium
ownership of the Project and this Declaration is terminated or
revoked as hereinafter provided.
11.2 Amendment and Termination. At any time until the first
Condominium Unit is conveyed by Declarant as reflected by a deed
recorded in the office of the County Clerk and Recorder of Pitkin
County, Colorado, Declarant may revoke this Declaration and the Map
and terminate condominium ownership of the Project by the recording
of a written instrument setting forth Declarant's intent to so
revoke and terminate.
Any provision contained in this Declaration may be amended, or
additional provisions may be added to this Declaration, or this
Declaration and condominium ownership of the Project may be
terminated or revoked, by the recording of a written instrument or
instruments specifying the amendment or addition or the fact of
termination and revocation, executed by one hundred percent (100%)
in interest, based on undivided interests in Common Elements, of
all Owners and one hundred percent (100%) in number of all First
Mortgagees, as shown by the records in the office of the County
Clerk and Recorder of Pitkin County, Colorado, and for the Period
of Declarant's Special Membership, or at any time during the Period
of Declarant's Special Membership or thereafter with regard to
Section 8. 1 hereof, with the approval of Declarant. Notwithstanding
the above and subject to the provisions contained in this
Declaration, without the unanimous prior written approval of the
First Mortgagees of Condominium Units (based on one vote for each
first mortgage owned) and the unanimous prior written approval of
the Owners, the Declaration shall not be amended to change the pro
rata interest or obligations of any individual Condominium Unit for
the purpose of levying assessments or charges or allocating
distributions of hazard insurance proceeds or condemnation awards.
11. 3 Effect of Provisions of Declaration. Each provision of
this Declaration, and an agreement, promise, covenant, and
undertaking to comply with each provision of this Declaration, and
any necessary exception or reservation or grant of title, estate,
right, or interest to effectuate any provision of this Declaration:
(a) shall be deemed incorporated in each deed or other instrument
by which any right, title, or interest in the Project or in any
Condominium Unit is granted, devised, or conveyed, whether or not
set forth or referred to in such deed or other instrument; (b)
shall, by virtue of acceptance of any right, title, or interest in
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the Project or in any Condominium Unit by an Owner, be deemed
accepted, ratified, adopted, and declared as a personal covenant of
such Owner, and as a personal covenant, shall be binding on such
Owner and such Owner's heirs, personal representatives, successors,
and assigns, and as a personal covenant of an Owner, shall be
deemed a personal covenant to, with, and for the benefit of the
Association but not to, with, or for the benefit of any other
Owner; (c) shall be deemed a covenant by Declarant, for itself, its
successors and assigns, and also an equitable servitude, running,
in each case, as a burden with and upon the title to the Project
and each Condominium Unit, and as a real covenant and also as an
equitable servitude, shall be deemed a covenant and servitude for
the benefit of the Project and each Condominium Unit; and (d) shall
be deemed a covenant, obligation, and restriction secured by a lien
in favor of the Association, burdening and encumbering the title to
the Project and each Condominium Unit in favor of the Association.
11.4 Enforcement and Remedies. Each provision of this
Declaration with respect to an Owner or the Condominium Unit of an
Owner shall be enforceable by the Association by a proceeding for
a prohibitive or mandatory injunction or by a suit or action to
recover damages, or, in the discretion of the Association, for so
long as any Owner fails to comply with any such provisions, by
denial of all voting rights of such Owner and exclusion of such
Owner and Related Parties of such Owner from use of any Common
Elements. If court proceedings are instituted in connection with
the rights of enforcement and remedies provided in this
Declaration, the prevailing party shall be entitled to recover its
costs and expenses in connection therewith, including reasonable
attorneys ' fees.
11. 5 Protection of First Mortgagee. No violation or breach
of, or failure to comply with, any provision of this Declaration
and no action to enforce any such provision shall affect, defeat,
render invalid, or impair the lien of any First Mortgage on any
Condominium Unit taken in good faith and for value and perfected by
recording in the office of the County Clerk and Recorder of Pitkin
County, Colorado, prior to the time of recording in such office of
an instrument describing the Condominium Unit and listing the name
or names of the owner or owners of fee simple title to the
Condominium Unit and giving notice of such violation, breach, or
failure to comply. In addition, no such violation, breach, or
failure to comply and no action to enforce any provision shall
affect, defeat, render invalid, or impair the title or interest of
the First Mortgagee or the title or interest acquired by any
purchaser upon foreclosure of any such First Mortgage, or result in
any liability, personal or otherwise, of any such First Mortgagee
or purchaser. Any such purchaser on foreclosure shall, however,
take subject to this Declaration except only that violations or
breaches of, or failures to comply with, any provisions of this
Declaration which occurred prior to the vesting of fee simple title
-28-
4394495 07/19/90 14: 38 „Pec $160. 00 BY 625 PG 213
Silvia Davis, Fi.tkin C ' Clerk: , Doc $. C)0
in such purchaser shall not be deemed breaches or violations hereof
or failures to comply herewith with respect to such purchaser, his
heirs, personal representatives, successors, or assigns.
11.6 Limited Liability. Neither Declarant, the Association,
the Board of Directors, or Officers of the Association, the
Manager, nor any member, agent, or employee of any of the same
shall be liable to any party for any action or for any failure to
act with respect to any matter if the action taken or failure to
act was in good faith and without malice. Without limiting the
generality of the foregoing, the Board of Directors, Officers of
the Association, and the Manager, and each of them, shall not be
liable for any failure of any services to be obtained and paid for
by the Association hereunder, or for any injury or damage to person
or property caused by the elements or by another Owner or person in
the Project, or damage from electricity, water, rain, snow, or ice
which may leak or flow from outside or from any part of the
Building, or from any of its pipes, drains, conduits, appliances,
or equipment or from any other place, unless caused by gross
negligence of the Board of Directors, Officers of the Association,
or the Manager, as the case may be. No diminution or abatement of
regular assessments shall be claimed or allowed for inconvenience
or discomfort arising from the making of repairs, maintenance or
improvements to the common elements or from any action taken to
comply with any law, ordinance, or order of a governmental
authority.
11.7 Failure of Board of Directors to Insist on Strict
Performance. The failure of the Board of Directors or Manager to
insist, in any one or more instances, upon strict performance of
any of the terms, covenants, conditions, or restrictions of this
Declaration, or to exercise any right or option herein contained,
or to serve any notice or to institute any action, shall not be
construed as a waiver or a relinquishment with respect to the
future enforcement of such term, covenant, condition, or
restriction, but such term, covenant, condition, or restriction
shall remain in full force and effect. The inactivity of the Board
of Directors of Manager after receipt by any one of them of any
charge from any owner with knowledge of the breach of any covenant,
term, condition, or restriction hereof shall not be deemed a waiver
of such breach, and no waiver by the Board of Directors or Manager
of any provision hereof shall be deemed to have been made unless
expressed in writing and signed by the Board of Directors or
Manager.
11.8 Name. The name of the condominium created hereby is
"S.M.B. Condominiums. "
11. 9 Successors and Assigns. This Declaration shall be
binding upon and shall inure to the benefit of the Association, and
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#324495 07/19/90 1438,5' c $160. 00 Bk. 625 PG 214
Silvia Davis, Pitkin C ' Clerk , Doc $. 00
each Owner and the heirs, personal representatives, successors, and
assigns of each.
11. 10 Severability. Invalidity or unenforceability of any
provision of this Declaration in whole or in part shall not affect
the validity or enforceability of any other provision or any valid
and enforceable part of a provision of this Declaration.
11. 11 Captions. The captions and headings in this instrument
are for convenience only and shall not be considered in construing
any provisions of this Declaration.
IN WITNESS WHEREOF Declarant has executed this Declaration the
day and year first above written.
SHADOW MOUNTAIN ASSOCIATES, a
general partnership
By Cunningham Investment Co. ,
Inc. , a Managing Part
By /� / ..
i',,, A,rster ningham,
Presi•ent
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 17th
day of Ljulgy , 1990, by I. McAllister Cunningham,
president of Ouhningham Investment Co. , Inc. , managing partner of
Shadow Mountain Associates.
Witness my hand and official seal.
iii
p�\ F '��
o fission expires:
1. O .'.(SEk.L ) )
''ii"`°` i Notary Public
` I ! C .: - Address:
7 . :.
t<Of 00V0l
-30-
4324495 07/19/90 14: 38 Rec $160. 00 Pk. 625 PG 215
Silvia Davis, Pitkin Cnty Clerk , Doc $. 00
COMMON OWNERSHIP PERCENTAGE
S.M.B. CONDOMINIUMS
Condominium Unit: Percentage
Residential Penthouse Unit A 22%
Residentail Penthouse Unit B 22%
Commercial Unit 101 8%
Commercial Unit 102 8%
Commercial Unit 103 9%
Commercial Unit 104 9%
Employee Unit OOA 5%
Storage Unit 001 1%
Storage Unit 002 2%
Storage Unit 003 7%
Commercial Unit 004 7%
Total 100%
1#37)4495 07/19/90 14; 38 /"'c $160, 00 DK 625 Fe 216
Silvia Davis, Pitkin On / Clerk , Doc 2. 00
EXHIBIT B
SHADOW MOUNTAIN BUILDING
605 West Main Street
Aspen, Colorado
Initial Allocation of Condominium Expenses Between Residential and
Commercial Units
RESIDENTIAL COMMERCIAL
ITEM % OF TOTAL % OF TOTAL
Insurance 40% 60%
Landscape Maintenance 40% 60%
Maintenance/Snow Removal/
Cleaning 25% 75%
Supplies 25% 75%
Trash Removal 25% 75%
Management 40% 60%
Reserve & Contingency 40% 60%
Utilities 40% 60%
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(33
1
WESSON DENTAL BUILDING
OFFICE GROWTH MANAGEMENT PLAN APPLICATION
August 1, 1986
Submitted to : City of Aspen Planning Office
130 South Galena Street
Aspen, Colorado 81611
925-2020
Applicant: William Wesson, D.D.S.
632 E. Hopkins
Aspen, Colorado 81611
Attorneys: Law Offices of Gideon I. Kaufman, P.C.
315 E. Hyman Avenue, Suite 305
Aspen, Colorado 81611
925-8166
Planner: Jim Curtis
Curtis & Associates
117 S. Monarch
Aspen, Colorado 81611
920-1395
Architect: Wayne Stryker
Lipkin/Stryker Associates
P.O. Box 3004
Aspen, Colorado 81612
920-1142
Engineer: Dean Gordon
Schmueser, Gordon, Myers, Inc.
1512 Grand Avenue
Glenwood Springs, CO 81601
945-1004
Design Builder: James J. Benson
P.O. Box 6030
Snowmass Village, Colorado 81615
923-3454
TABLE OF CONTENTS
Page #
A. PROJECT SUMMARY 1
B. GMP REVIEW CRITERIA 4
1. Quality of Design 4
aa. Architectural Design 4
bb. Site Design 5
cc. Energy 7
dd. Amenities 7
ee. Visual Impact 8
ff. Trash and Utility Access 10
2. Availability of Public Facilities and Services 10
aa. Water Supply and Fire Protection 10
bb. Sewage Disposal 11
cc. Public Transportation and Roads 11
dd. Storm Drainage 13
ee. Parking 14
3 . Employee Housing 15
4 . Bonus Points 16
C. PROJECT INFORMATION 18
aa. Water System 18
bb. Sewage 18
cc. Drainage 19
dd. Development Area 19
ee. Traffic 20
Page #
ff. Proposed Uses 21
gg. Effects of the Proposed Development on 21
Adjacent Uses and Land Uses in the
Vicinity of the Project
hh. Construction Schedule 22
ii. Employee Housing 22
A. PROJECT SUMMARY
Dr. William Wesson has been practicing dentistry in Aspen
for fifteen years. He acquired an office parcel seven years ago
and has been planning to build his own office since that time.
His present office space is inadequate and cannot provide the
on-site services which his practice requires. Due to the
cramped condition of his office, he has had to utilize two
additional off-site locations for his laboratory and storage
areas. The proposed office will enable him to provide the kind
of service to his fifteen year Aspen clientele that is befitting
his professional standards and reputation.
The proposed building will be located in the Office Zoning
District at 605 West Main Street, the southwest corner of Main
Street and Fifth Street. The property is a six thousand (6 ,000)
square foot corner lot surrounded by large cottonwood trees
which will be saved. The building shall contain a new dental
office, a one-bedroom apartment for Dr. Wesson, and a
one-bedroom employee unit for a staff member. The building
F.A.R. is given below:
Dental office (street level) 2,487 sq. ft. F.A.R.
Wesson apt. (second level) 1 , 938 sq. ft. F.A.R.
(4,500 sq. ft. allowed) 4 ,425 sq. ft. F.A.R.
- 1 -
Employee apt. (garden level) 858 sq. ft. F.A.R.
Employee stairwell (garden level) 110 sq. ft. F.A.R.
(1,500 sq. ft. allowed) 968 sq. ft. F.A.R.
Specifically, Dr. Wesson is requesting the following:
1. Office GMP quota of 2,487 sq. ft.
2. Bonus F.A.R. of 968 sq. ft. for the on-site employee
apartment and employee stairwell (which is included in F.A.R.
calculations) .
The proposed building has received conceptual HPC approval.
The building and the placement of the building on the lot has
been designed to be compatible with and have low impact on the
neighborhood, and specifically, have low impact on Main Street.
Main Street has a mix of building types with no single type
dominating the character of the street. Therefore , the design
of the building is modest and simple, taking advantage of the
large cottonwoods fronting the lot and allowing the trees to
continue to dominate and screen the lot. These cottonwoods will
be preserved and additional trees will be planted along Main
Street and Fifth Street to compliment the large cottonwoods and
to provide further screening of the building.
Even though the Office District doesn' t have an open space
requirement, Dr. Wesson being sensitive to the open space
- 2 -
desires of the community has preserved thirty percent (30%) of
the property as open space and landscaping area.
The property is conveniently located for walking, bicycle,
and bus access, and will therefore have less traffic and parking
impact. Moreover, the property is located outside the downtown
core area, and will help relieve some of the congestion in the
core area.
Dr. Wesson proposes to provide housing for three (3)
employees through an on-site one-bedroom apartment and a
cash-in-lieu of payment. The City' s employee housing guidelines
are based on the generation of new employees from new
businesses. In reality, since this is an existing business that
has been in Aspen for fifteen years, one could argue the project
creates no new employees. Nonetheless, the applicant proposes
to provide employee housing, exceeding the minimum requirement
of the City Code, as a benefit to the community and his
employees.
In summary, this is a small project necessary to upgrade
Dr. Wesson' s professional practice. This project is not
commercially motivated, but is put forth by a fifteen year
resident in order to provide a better community service.
- 3 -
B. GMP REVIEW CRITERIA
1. Quality of Design.
aa. Architectural Design.
The building has been consciously designed to be compatible
with and have low impact on the neighborhood, and specifically,
have low impact on Main Street. Main Street has a mix of
building types with no single type dominating the character of
the street. Therefore, the design of the building is modest and
simple taking advantage of the large cottonwoods fronting the
lot and allowing the trees to continue to dominate and screen
the lot. These cottonwoods will be preserved and additional
trees will be planted along Main Street and Fifth Street to
compliment the large cottonwoods and to provide further
screening of the building.
Architecturally, the scale of the building has been
lessened by breaking the roof line and pitching back the roofs
such that only a nine foot (9 ' ) building facade is seen from
Main Street. The front building facade is again broken and
given interest by recessing the entry of the building under a
covered porch.
The height of the building has been reduced from the
maximum height allowed by Code to twenty-three and one-half feet
(23h' ) . The building has also been designed with a mansard roof
- 4 -
which will make it look even smaller than using a full pitched
roof which is allowed by Code to go up to a thirty foot (30 ' )
roof height.
Building materials have also been kept simple to lessen the
perceived mass of the building. The wood siding shall be a
light gray tone stain that is used on many homes in the West
End. The roof shall be either metal in a dark tone to
compliment the wood siding, or shake wood shingles in a dark
tone. Both roofing materials have been discussed with the HPC,
and will be decided upon at detailed design. Window planes have
been kept simple and residential in character.
Most significantly, the building size will appear much
smaller when viewed in contrast to the much higher and larger
existing building on the adjoining property. The building, next
door is approximately twenty-eight (28) to thirty (30) feet high
with a Victorian pitched roof, is painted a yellow color, and
has much less tree screening along Main Street. Not wishing to
compete with this building, and wanting to take full advantage
of the large cottonwoods, the Wesson building has taken a
simple, architecturally pleasing modest design.
bb. Site Design.
Consistent with the architecture of the building, the site
design has also sought to minimize the scale of the building.
- 5 -
The large cottonwoods along Main Street and Fifth Street will be
preserved and will visually screen the building. Additional
trees will be planted along Main Street and Fifth Street to
compliment the large cottonwoods and to provide further
screening of the building.
The building has been setback further from Main Street and
Fifth Street than required by Code. The building is back
twenty-nine feet (29 ' ) from the curb of Main Street. The
distance from the Main Street curb to the property line is
fourteen feet (14' ) and the front yard setback of the building
has been increased from the ten feet (10 ' ) permitted under the
Code to fifteen feet (15' ) . The increased setback will further
reduce the appearance of the building from Main Street, and will
provide a larger landscaping area in front of the building.
In addition to the landscaping of new trees along Main
Street, Dr. Wesson will also landscape around the building with
massings of mixed groundcovers, flowers and shrubery. This
native landscaping versus a traditional lawn will add
significant color to the building in the Spring and Summer.
Sidewalks will be constructed along Main Street and Fifth
Street that will meander through the existing trees. A small
outside seating and waiting area with bicycle rack is planned.
A handicapped access ramp is also provided for the project.
- 6 -
4
While there is no requirement for open space in the
0-Office District, the project is responsible to the need for
open space by providing 1 ,840 square feet of open space. The
total open space of the project not only exceeds the
requirements for the 0-Office Zone, but in fact equals thirty
percent (30%) of the total lot area.
All utility service lines will be undergrounded.
cc. Energy.
The proposed building has been designed to be energy
efficient. The building will exceed the Code requirements both
in terms of roof and wall insulation by twenty-five percent
(25%) . The building site has good sun exposure and its location
•
is conducive to solar benefits. A solar hot water device will
be installed in order to heat the water by solar energy.
Additionally, a proposed clear story in the center of the roof
will provide passive solar benefits. The utilization of this
very efficient design will result in extensive energy reduction,
and low energy costs to Dr. Wesson.
dd. Amenities.
A major amenity of the project is the preservation and
clean-up of the large cottonwood trees along Main Street and
Fifth Street. These trees (lower branches) will be trimmed and
- 7 -
shaped to improve their appearance. The cottonwoods will be
supplemented by new trees planted along Main Street and Fifth
Street. Dr. Wesson will also landscape around the building with
massings of mixed groundcovers, flowers and shrubery. This
native landscaping will add significant color to the building in
the Spring and Summer.
Sidewalks will be constructed along Main Street and Fifth
Street that will meander through the existing trees. A small
outside seating and waiting area with bicycle rack is planned.
A handicapped access ramp is also provided for the project.
ee. Visual Impact.
The design of the building and its placement on the lot has
consciously minimized the visual impact of the building. The
large cottonwoods along Main Street and Fifth Street will be
preserved, and will visually screen the building. Additional
trees will be planted along Main Street and Fifth Street to
compliment the large cottonwoods and to provide additional
screening of the building.
The building has been set back further from Main Street and
Fifth Street than required by Code. The building is back
twenty-nine feet (29 ' ) from the curb of Main Street. The
distance from the Main Street curb to the property line is
fourteen feet (14 ' ) and the front yard setback of the building
has been increased from the ten feet (10 ' ) permitted under the
- 8 -
Code to fifteen feet (15' ) . The increased setback will further
reduce the impact of the building from Main Street and will
provide a larger landscaping area in front of the building.
The height of the building has been reduced from the
maximum allowed by Code to twenty-three and one-half feet
(231' ) . The building has been designed with a mansard roof
which will make it look even lower than using a full pitched
roof which is allowed by Code to go up to a thirty foot (30 ' )
roof height. The roof line along Main Street has been broken
and pitched back. such that only a nine foot (9 ' ) building facade
is seen from Main Street. This building design creates an
extremely small front building facade, especially when compared
to the surrounding Main Street buildings. The front facade is
again broken and given interest by recessing the entry of the
building under a covered porch.
Most significantly, the size of the building will appear
much smaller when viewed in contrast to the much higher and
larger existing building on the adjoining property. The
building next door is approximately twenty-eight feet (28 ' ) to
thirty feet (30 ' ) high with a Victorian pitched roof, is painted
a yellow color, and has much less tree screening along Main
Street.
All of the above design decisions have been made to
minimize the visual impact of the building, especially from Main
Street.
1._,
ff. Trash and Utility Access.
Dr. Wesson, recognizing a problem in the alley behind his
property, has worked out an arrangement with his neighbor to
provide a common trash enclosure for both properties. Dr.
Wesson will construct the enclosure on the adjoining property
with the property owner' s permission, in order to clean up the
unsightly feature which presently exists in the alley. All new
utilities will be underground.
2. Availability of Public Facilities and Services.
aa. Water Supply and Fire Protection.
The proposed office building will be serviced by the Aspen
Water Department as outlined in the Engineering Report by
Schmueser, Gordon, Myers, Engineers, in Appendix "1" . The
building will be connected to the existing water trunk line
located along Main Street. Based on a preliminary conversation
with Jim Markalunas, the Aspen Water Department can service the
building in accordance with its standard service procedures
without the need for any system line extensions or treatment
plant upgrading.
Dr. Wesson proposes to upgrade the fire protection
capabilities of the surrounding neighborhood by installing a
fire hydrant on the southeast corner of the block across Main
- 10 -
Street within the Main Street R.O.W. This location is directly
across from the building, and the hydrant will connect to the
water trunk line along the north side of Main Street. The
hydrant would upgrade the fire protection for the area, and is
approximately one hundred feet (100 ' ) from the building.
bb. Sewage Disposal.
The proposed office building will be serviced by the Aspen
Sanitation District as outlined in the Engineering Report by
Schmueser, Gordon, Myers , Engineers, in Appendix "1"_ The
building will be connected to the existing sewer trunk line
located in the alley at the rear of the property. Based on a
preliminary conversation with Heiko Kuhn, the Aspen Sanitation
District can service the building in accordance with its
standard service procedures without the need for any system line
extensions or treatment plant upgrading.
cc. Public Transportation and Roads.
The project is located on Main Street where every bus
passes in front of it. A bench will be provided so that people
who want to wait for the bus will be able to sit. The property
is also conveniently located for walking and bicycle access.
The building will have minimal traffic impact on Main
Street and Fifth Street as outlined in the Engineering Report in
- 11 -
Appendix "1" . The key findings of the Engineering Report are
given below:
1. Under the Worst Case scenario of 100% car usage, the
estimated 76 ADT (Average Daily Trips) would only increase
traffic on Main Street by 0.3% . Under the more realistic
assumption of 75% car usage, the estimated 57 ADT would only
increase traffic on Main Street by 0. 25%.
2. There are currently adequate turning lanes provided on Main
Street for access and exit from Fifth Street.
3. Because Main Street is the logical primary access route,
and Fifth Street is the logical secondary access route, it is
difficult to estimate the increased traffic on Fifth Street.
However, the traffic impact on Fifth Street will primarily be
limited to the short half-block section adjoining the property
between Main and Hopkins. Moreover, the total ADT for Fifth
Street is well below any calculated design carrying capacity of
the street, and no street improvements will be necessary to
Fifth Street to handle any increase in traffic resulting from
the building.
4 . Except for vehicles associated with the apartment or
employee unit, all vehicles would only be at the building during
regular office hours from approximately 8 :00 A.M. to 5:30 P.M.
- 12 -
Both Main Street and Fifth Street are capable of handling
the limited additional traffic without street improvements.
Dr. Wesson will improve the street system by adding
sidewalks along both Main Street and Fifth Street adjoining the
property. He will also upgrade Fifth Street by adding curb and
gutter on the west side of the street adjoining the property.
The east side of Fifth Street already has curb and gutter, and
the installation of same on the west side will complete the
street drainage system at the intersection of Fifth Street and
Main Street.
dd. Storm Drainage.
Based on the Engineering Report in Appendix "1" , all
on-site drainage from the building and parking will be collected
in an on-site drywell, and not discharged directly into the
surrounding street drainage.
Dr. Wesson proposes to improve the surrounding street
drainage by installing a curb and gutter along the west side of
Fifth Street adjoining the property. The east side of Fifth
Street already has curb and gutter, and the installation of same
on the west side will complete the street drainage system at
the intersection of Fifth Street and Main Street.
- 13 -
ee. Parking.
Dr. Wesson is providing a total of seven (7) on-site
parking spaces as follows: one (1) space for his one-bedroom
apartment, one (1) space for the employee unit, and five (5)
spaces for the dental office. The Code parking guideline for
office is 3 . 0 cars per 1 ,000 sq. ft. or 7.5 cars for the dental
office. However, the Code allows for a variance from this
guideline by Special Review to a reduced parking standard of 1 .5
cars per 1,000 sq. ft. or 3 .7 cars for the dental office. Dr.
Wesson is providing five (5) spaces for the office which is
above the 3 . 7 car minimum requirement allowed by Special Review.
The Special Review variance is justified for the building
because of the following:
1 . The property is a corner lot and parking is available along
Main Street and Fifth Street. The sixty foot (60 ' ) lot frontage
along Main Street can accommodate three (3) to four (4) cars and
the one hundred foot (100' ) lot frontage along Fifth Street can
accommodate five (5) to six (6) cars. Total on and off street
parking available to the property is therefore fifteen (15) to
seventeen (17) cars which is well above the nine (9) cars
required using the maximum guideline of the Code.
2. The property is located outside the downtown core area and
parking along Main Street and Fifth Street at this location is
generally easily available.
- 14 -
3. The property is conveniently located for walking, bicycle,
and bus access which will reduce the parking demand for the
building.
4. Except for parking associated with the apartment or
employee unit, office parking would only be needed at the
building during regular office hours approximately from 8: 00
A.M. to 5: 30 P.M.
The on-site parking is located at the rear of the building
off the alley. The parking is not visible from Main Street and
is easily accessed from the alley.
3 . Employee Housing.
The applicant proposes to provide housing for forty percent
(40%) or three (3) employees that would be generated under the
City guidelines as follows:
2,487 sq. ft. net leasable office FAR
3.0 employees per 1 ,000 sq. ft.
7 .5 total employees generated
40% of employees housed
3.0 employees housed
The three (3) employees shall be housed as follows:
One (1) one-bedroom apartment on-site (1 .75 emp. ) . The
- lc -
•
apartment is 858 square feet, rental, and price-restricted to
the moderate income guidelines as annually adopted. The
apartment is proposed to be rented to Dr. Wesson' s staff, and is
therefore oversized to provide a better living environment. In
accordance with the City housing guidelines, the rent shall be
based on the smaller 700 square foot moderate income unit size
guideline.
Cash-in-lieu payment of $16,625.00 (1. 25 emp. ) . The cash
payment is calculated at the moderate income level of $13, 300. 00
per employee ($13,300.00 x 1.25 emp. ) , and shall be adjusted to
the moderate income payment schedule at the time of issuance of
a building permit.
The City' s employee housing guidelines are based on the
generation of new employees from new businesses. In reality,
since this is an existing business that has been in Aspen for
fifteen years, one could argue the project creates no new
employees. Nonetheless, Dr. Wesson proposes to provide employee
housing, exceeding the minimum requirement of the City Code
guidelines, as a benefit to the community and his employees.
4 . Bonus Points.
The Code provides for bonus points when a project exceeds
the substantive criteria of the GMP scoring, and achieves an
outstanding overall design. This project is , therefore,
deserving of substantial bonus points.
The term "outstanding overall design" looks not only to the
architecture of the building, but to what the building design
achieves for the community. In this case, it enables a fifteen
year local dental practice to upgrade in a fashion that is
conveniently located and attractively designed. It is a project
that does not try to compete with the expensive chic Aspen
trend, but rather exemplifies an Aspenite' s individual attempt
to create a practical office building in harmony with an older
mixed neighborhood.
This project exceeds the substantive criteria of the GMP
scoring. The bonus area is where you can reward this type of
project for fulfilling a community need, and maintaining a
necessary and valuable community commodity. In addition, this
project merits bonus points for providing more than the minimum
threshold of employee housing when, in fact, no new housing
demand is being generated by the use.
- 17 -
C. PROJECT INFORMATION
aa. Water System.
The proposed office building will be serviced by the Aspen
Water Department as outlined in the Engineering Report by
Schmueser, Gordon, Myers, Engineers, in Appendix "1" . The
building will be connected to the existing water trunk line
located along Main Street. Based on a preliminary conversation
with Jim Markalunas, the Aspen Water Department can service the
building in accordance with its standard service procedures
without the need for any system line extensions or treatment
plant upgrading.
Dr. Wesson proposes to upgrade the fire protection
capabilities of the surrounding neighborhood by installing a fire
hydrant on the southeast corner of the block across Main Street
within the Main Street R.O.W. The hydrant would upgrade the
fire protection for the area and is approximately one hundred
(100 ' ) feet from the building.
bb. Sewage System.
The proposed office building will be serviced by the Aspen
Sanitation District as outlined in the Engineering Report by
Schmueser, Gordon, Myers, Engineers, in Appendix "1" . The
building will be connected to the existing sewer trunk line
- 18 -
located in the alley at the rear of the property. Based on a
preliminary conversation with Heiko Kuhn, the Aspen Sanitation
District can service the building in accordance with its
standard service procedures without the need for any system line
extensions or treatment plant upgrading.
cc. Drainage System.
Based on the Engineering Report in Appendix "1" , all
on-site drainage from the building and parking will be collected
in an on-site drywell, and not discharged directly into the
surrounding street drainage.
Dr. Wesson proposes to improve the surrounding street
drainage by installing a curb and gutter along the west side of
Fifth Street adjoining the property. The east side of Fifth
Street already has curb and gutter, and the installation of same
on the west side will complete the street drainage system at
the intersection of Fifth Street and Main Street.
dd. Development Area.
The property is a 6 ,000 square foot corner lot in the
0-Office District. The lot is fronted on the north side by Main
Street and the east side by Fifth Street. The Aspen Municipal
Code provides for an allowable Floor Area Ratio of .75: 1 (4,500
square feet F.A.R. ) in the 0-Office District with a bonus of
- 19 -
.25:1 (1 ,500 square feet F.A.R. ) available by Special Review for
on-site employee housing.
The development F.A.R. for the building is as follows:
Dental office (street level) 2,487 sq. ft. F.A.R.
Wesson apt. (upper level) 1 ,938 sq. ft. F.A.R.
(4 ,500 sq. ft. allowed) 4 ,425 sq. ft. F.A.R.
Employee apt. (garden level) 858 sq. ft. F.A.R.
Employee stairwell (garden level) 110 sq. ft. F.A.R.
(1,500 sq. ft. allowed) 968 sq. ft. F.A.R.
TOTAL 5,393 sq. ft. F.A.R.
As indicated above, the proposed development F.A.R. complies
with the F.A.R. for the office zoning.
While there is no requirement for open space in the
0-Office District, the project is responsive to the need for
open space by providing 1 ,840 square footage of open space.
Therefore, the total open space of the project not only exceeds
the requirements for the 0-Office District, but in fact equals
thirty percent (30%) of the total area.
ee. Estimated Traffic Count.
An estimated traffic count for the building is given in the
Engineering Report in Appendix "1" . As outlined in the report,
- 20 -
•
the building will have minimal traffic impact on Main Street or
Fifth Street. Both Main Street and Fifth Street are capable of
handling the limited additional traffic without street
improvements.
ff. Proposed Uses For the Structure.
The proposed uses are the following:
Dental office (street level) - Dental office for Dr.
William Wesson.
Wesson apartment (upper level) - Residential apartment for
Dr. Wesson' s personal use.
Employee apartment (garden level) - Employee apartment for
dental staff member.
Under any future change-in-use of the building, the dental
office could be modified for use as general professional office
space without the need for substantial changes. The residential
apartments are likely to remain as residential units under any
future change-in-use of the building.
gg. Effects of the Proposed Development on Adjacent
Uses and Land Uses in the Vicinity of the Project.
The property is on Main Street with its many varied uses.
- 21 -
To the west of this parcel are two buildings that are presently
utilized for office space. To the east of the project is a
lodge. Behind the project is a multi-family structure. The
proposed use conforms with the intent of the zoning (Office
District) , and with the existing uses in the area. The proposed
use will have negligible effect on adjacent uses in the vicinity
of the project.
hh. Construction Schedule.
The proposed building will begin construction in the Spring
of 1987, and be completed in the Winter of 1987.
ii. Employee Housing.
Three (3) employees will be housed by the project as
follows:
1. One (1) one-bedroom apartment on-site (1.75 emp. ) . The
apartment is 858 square feet, rental, and price-restricted to
the moderate income guidelines as annually adopted. The
apartment is proposed to be rented to Dr. Wesson' s staff, and is
therefore oversized to provide a better living environment. In
accordance with the City employee housing guidelines, the rent
shall be based on the smaller 700 square foot moderate income
unit size guideline.
- 22 -
2. Cash-in-lieu payment of $16,625 .00 (1.25 emp. ) . The cash
payment is calculated at the moderate income level of $13,300.00
per employee ($13 , 300.00 x 1.25 emp. ) , and shall be adjusted to
the moderate income payment schedule at the time of issuance of
a building permit.
wesson gmp app/GMP
- 23 -
// � 1512 GRAND AVENUE, SUITE 212
SCHMUESER GORDON MEYER YER,%ant` GLENWOOD SPRINGS, COLORADO 81601
//// IIUI rat
wok (303) 945-1004
%tfltIII
wants' CONSULTING ENGINEERS&SURVEYORS/
July 28, 1986
APPENDIX "1"
Mr. Jim Curtis
Curtis & Associates
117 So. Monarch Street
Aspen, CO 81611
Re : Wesson Dental Building - Engineering Report
Dear Jim,
At your request, I have reviewed the above- referenced project as
to the G4P requirements for utilities , drainage, traffic and
parking . It is my understanding the building will consist of a
2, 487 sq. ft . dental office, a 1-bedroom residential apartment,
and a 1-bedroom employee unit . The building is located at 605
Wes,t Main Street, the southwest corner of Main Street and Fifth
Street .
Utilities
The building will occupy a vacant corner lot which is totally
surrounded by developed property. Consequently, the basic
utility and street infrastructure is in place . The building can
be served by standard service line extensions in accordance with
the standard service procedures of the respective utilities . The
following cormnents are relevant with respect to the utility
systems:
1. Water System. Potable water will be provided by a 6 " trans-
mission line located along Main Street. Total water demand
for the building is estimated to be 1, 410 gpd; based on a
demand of 655 gpd for the dental office (7 staff at 25 gpd
each and 24 patients at 20 gpd each) , 300 gpd for the
1-bedroom apartment, 200 gpd for the 1-bedroom employee
unit, and 225 gpd for irrigation (2 , 175 sq . ft . of
landscaping) . Total peak demand is estimated at 3.3 ypm
over a 24 hour period or 15 gpn instantaneous . Based on a
preliminary conversation with Jim Markalunas, the Aspen
Water Department can service the building in accordance with
its standard service procedures without the need for any
main line extensions or treatment plant upgrading .
It is possible to improve the fire protection capabilities
of the water system by installtion of a fire hydrant on the
corner of Main and Fifth . Because the water transmission
line is located along the north part of Main Street , I
recommend the hydrant be placed at the northwest corner of
• sue. ...•a•1
Mr . Jim Curtis
July 28, 1986
Page Two
the intersection within the Main Street right-of-way. This
Location is directly across from the building and would
service the building and upgrade the fire protection for the
surrounding neighborhood.
2 . Sewer System. Sewer is provided by an 8 " collection main in
the alley to the rear of the property, between Main and
Hopkins . Total sewer demand for the building is estimated
to be 1, 155 gpd; based on a demand of 655 gpd for the dental
office , 300 gpd for the 1-bedroom apartment , 200 gpd for the
1-bedroom enployee unit . Based on a preliminary
conversation with Heiko Kuhn, the Aspen Sanitation District
can service the building in accordandce with its standard
service procedures without the need for any main line
extensions or treatment plant upgrading.
3. Telephone, Electric, Cable TV. These three utilities are
currently overhead in the alley to the rear of the property,
between Main and Hopkins . Service connections will be
underground if the City' s undergrounding program is couplet-
ed prior to the proposed Spring 1987 construction of the
building. The respective utilities can service the building
in accordance with their standard service procedures .
4. Gas. Natural gas is in the alley to the rear of the
property, between Main and Hopkins . This utility can
service the building in accordance with its standard service
procedure .
Drainage
With respect to drainage , all of the on- site drainage from the
building and parking area will be collected for disposal in an
on-site drywell system. No impervious area surface water will be
directly discharged to the existing street drainage facilities.
The drywell will be designed and sized based upon soils and
percolation tests to be conducted during detail building design .
It is possible to improve the existing street drainage system by
installing a curb and gutter along the west side of Fifth Street
adjoining the property. The east side of Fifth Street already
has curb and gutter and the installtion of same on the west side
will complete the street drainage system at the intersection of
Main and Fifth.
•
Mr . Jim Curtis
July 28, 1986
Page Three
Traffic
With respect to traffic, the project will primarily affect Main
Street, and secondarily Fifth Street on the short half-block
section between Main and Hopkins . Because the property is
conveniently located for walking, bicycle, and bus access, it is
expected car trips be significantly less than typical standards,
anywhere from 25% to 35% less . An estimate of car trips is given
based on a discussion with Dr . Wesson on the typical use of the
dental office. The office has 6 dental stations with 4 stations
being occupied at any one time. The stations typically turnover
6 patients per day or a total of 24 patients per day. Assuming 2
car trips per patient ( arriving and exiting) , the 24 patients
would generate 48 trips @ 100% car usage and more realistically,
36 trips @ the lower 75% car usage. Added to this is the trips
generated by Dr. Wesson and an estimated staff of 6 employees..
These trips would also include Dr . Wesson' s upstairs apartment
and the lower employee apartment to be occupied by a staff
member. Assuming 4 car trips per staff per day, the 7 staff
would generate 28 trips @ 100% car usage, and more realistically,
21 trips @ the lower 75% car usage. The total combined trips per
day of patients and staff would be 76 trips @ 100% car usage, and
more realistically, 57 trips @ the lower 75% car usage . By
comparison, based on limited data generated recenty by the City
Planning Office , the estimted ADT (Average Daily Trips) for Main
Street is 22, 500 ADP ; and Fifth Street is 150 ADT.
The following observations can be drawn regarding traffic genera-
tion of the building.
1. Under the Worst Case scenario of 100% car usage, the esti-
mated 76 ADT would only increase traffic on Main street by
0. 3%. Under the more realistic assumption of 75% car usage,
the estimated 57 ADT would only increase traffic on Main
Street by 0. 25%.
2. There are currently adequate turning lanes provided on Main
Street for access and exit fran Fifth Street.
3. Because Main Street is the logical primary access route , and
Fifth Street is the logical secondary access route, it is
difficult to estimate the increased traffic on Fifth Street .
However, the traffic impact on Fifth Street will primarily
be limited to the short half-block section adjoining the
property between Main & Hopkins . Moreover, the total ADT
Mr . Jim Curtis
July 28, 1986
Page Four
for Fifth Street is well below any calculated design carry-
ing capacity of the street and no street improvements will
be necessry on Fifth Street to handle any increase in
traffic resulting from the building.
4. Except for vehicles associated with the apartment or
employee unit, all vehicles would only be at the building
during regular office hours from approximatley 8: 30 A.M. to
5: 30 P.M.
P'arkina
It is my understanding seven (7 ) parking spaces shall be provided
off the alley at the rear of the building . Since the property is
a corner lot parking is also available on Main Street and Fifth
Street adjoining the property. The 60 ' lot frontage along Main
Street could accomodate 3-4 cars and the 100 ' frontage along
Fifth Street could accomodate 5-6 cars . Total on and off street
parking available to the propepty is therefore 15-17 cars . Using
the parking guidelines of the Municipal Code, nine (9) spaces
would be necessary for the building as follows : 7 spaces for the
dental office (3 spaces per 1,000 sq. ft .) , 1 space for the
residential apartment , and 1 space for the employee unit . As
indicated, total on and off street parking available to the
corner property can easily accommodate the estimated parking
demand especially since the property is located outside the
downtown core area and parking along Main and Fifth Street at
this location is generally easily available . Moreover, because
the property is conveniently located for walking , bicycle , and
bus access , this will reduce the parking demand for the
building .
Again, except for vehicles associated with the apartment or
employee unit, all vehicles would only be at the building during
regular office hours approximately from 3: 30 A.M. to 5 : 30 P.M.
I trust that I have addressed all of the items required for the
GMP submittal regarding utilities , drainage, traffic and parking .
If you should require any additional information or clarifica-
tion, please feel free to contact me.
Respectfully submitted,
SCHMUESER GORDON MEYER, 4 \ . GOBS
Q�P , ,1s
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L'•
Deaxf Gordon, P. E. ,, * y C; f1? };'
P esid -nt r�; ` '
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DWG •- ec/6126
MEMORANDUM
TO: Alan Richman, Planning Director
FROM: Cindy Houben, Planning Office
RE: Shadow Mountain Building/Wesson Building GMP Minor
Amendment
DATE: March 13 , 1989
Attached is a copy of the proposed amendments to the Wesson GMP
1986 approval. The proposal contains the following significant
elements:
1. Revision of the exterior of the building;
2 . Addition of an employee studio unit;
3 . Addition of a free market unit(division of one two
bedroom unit into two one bedroom units) . This is
allowed pursuant to the previous code provision that a
duplex is allowed by right on the parcel.
The Planning Office, HPC and Engineering Dept. have reviewed the
requested revisions and have the following comments:
1. Historic Preservation Committee: The HPC is pleased
with the modified design and feels that it
significantly improves the project. They recommend
that the applicant be required to work with the
Engineering Dept. to finalize sidewalk improvements
consistent with the HPC goals and compatibility with
the Main Street Historic district.
2 . Engineering: The Engineering Dept. feels that we must
have the developer commit to construction of the
sidewalk, curb and gutter at the time the property is
developed. The construction of the sidewalk will
require additional HPC review. Secondly, the plans do
not indicate a space for dumpsters. This space should
be indicated on the plans prior to approval. Lastly,
the applicants must commit to neither increasing or
decreasing the runoff from the site as opposed to the
proposed drywell solution.
These amendments have been reviewed by the Planning Commission
and now by the Planning Office, HPC and Engineering Dept. Given
this level of input, if the applicants agree to the following
conditions of approval, I recommend that the proposed amendments
be approved by the Planning Director.
1. The applicants shall construct the sidewalk, curb and
gutter at the time the parcel is developed. The
applicants shall obtain HPC approval for the sidewalk
design prior to the final C.O. for the project;
2 . There shall be no change in the runoff from the site
(to be confirmed and approved by the Engineering
Dept. ) ;
3 . The applicants shall establish an appropriately sized
dumpster area (to be approved by the Engineering Dept. )
prior to issuance of a Building Permit.
Approval by the Planning
Director pursuant to
section 8-107 of the
Aspen Municipal Code.
Alan Richman, Director
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CASELOAD SUMMARY SHEET t
City of Aspen
DATE RECEIVED: 2/16/89 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735624-48-012 08A-89
STAFF MEMBER:
PROJECT NAME: Shadow Mountain Building GMQS Amendment
Project Address:
Legal Address: Lots H & I, Block 25
APPLICANT: Shadow Mountain Associates
Applicant Address:
REPRESENTATIVE: Rick Knezevich, Oates, Hughes & Knezevich
Representative Address/Phone: 533 East Hopkins Avenue
Aspen, CO 81611 0-1700
PAID: YES NO AMOUNT: $100.00 NO. OF COPIES RECEIVED: 8
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: '// Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Building Inspector
Envir. Hlth. Roaring Fork Other
Aspen Consol. Energy Center
S.D.
DATE REFERRED: INITIALS:
FINAL ROUTING: j DATE ROUTED: INITIAL:
City Atty City Engineer Zoning Env. Health
Housing Other:
r
FILE STATUS AND LOCATION: u---4 �_�/
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
THIRD FLOOR,ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
LEONARD M.OATES ASPEN.COLORADO 81611 AREA CODE 303
ROBERT W.HUGHES TELEPHONE 920-1700
RICHARD A.KNEZEVICH TELECOPIER 920-1121
JOHN M.ELY February 13, 1989 ,/if a
Cindy Houben FEB 16
Senior Planner
Planning and Zoning
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Shadow Mountain Building, Previously known as the
Wesson Dental Building--Lots H and I , Block 25,
City and Townsite of Aspen
Dear Cindy:
Our office represents Shadow Mountain Associates-1989,
a Colorado general partnership (the "Applicant") , the owner of
Lots H and I, Block 25, City and Townsite of Aspen (the "Proper-
ty") . Pursuant to Resolution No. 41 (Series of 1986) , a copy of
which is attached as Exhibit A, the then owner of the Property
received a commercial GMP allocation of 2, 487 square feet. The
allocation was based upon the "Wesson Dental Building" plans and
designs attached hereto as Exhibit B (the "Wesson Plans") .
The Applicant did not wish to construct a building on
the Property pursuant to the previously approved Wesson Plans as
the Applicant believed that the Wesson Plans did not conform to
the guidelines of the Main Street Historic District. Since
Resolution No. 41 provided that final approval of design for the
building would be obtained from the Historic Preservation Commit-
tee ("HPC") , the Applicant submitted to HPC a totally revised set
of building plans (the "Revised Plans") , copies of which are
attached hereto as Exhibit C. As you will see from a review of
the Revised Plans, the project continues to be a mixed-use
office/residential development. However, rather than a totally
owner-occupied building as contemplated by the Wesson Plans, the
Revised Plans contemplate multiple users, only some of which are
actual owners. Such revised Revised Plans were approved by HPC
on January 3, 1989.
Due to the fact that the Revised Plans submitted by the
Applicant significantly departed in style from the previously
approved Wesson Plans, the Planning Office submitted the Revised
Plans to the Aspen Planning & Zoning Commission ("P&Z") for its
•
OATES, HUGHES & KNEZEVICH, P. C.
Cindy Houben
February 13, 1989
Page 2
review at its January 10, 1989, meeting. At such meeting, the
P&Z reviewed the design changes and ultimately adopted a resolu-
tion instructing the Planning Office to sign off on the Revised
Plans subject to: (i) the submission and approval of a landscap-
ing/site plan, and (ii) confirmation that other than changes
arising from HPC approved design revisions, all other commitments
of Resolution No. 41 would remain the same.
In order to allow you to complete your final review and
approval, we would like to provide you with the following infor-
mation:
1. Copy of General Warranty Deed from William Wesson
to Shadow Mountain Associates-1989, confirming that Applicant is
the owner of the Property.
2. Landscape drawings reflecting the proposed land-
scaping plan as approved by HPC as part of their Historic Dis-
trict design review.
3. The office square footage under the Revised Plans
continues to be the same as that allocated under Resolution No.
41 (i.e. , 2, 487 square feet) . As approved by P&Z, the residen-
tial square footage on the second floor is a few hundred square
feet in excess of the Wesson Plans. This slight increase is a
result of the approved HPC redesign of the building from a
mansard style roof to a pitched roof system. Even with the
additional residential square footage, the building is well below
the allowable FAR for the zone.
4. Except for the changes requested as part of the HPC
approval process, the project will be built in accordance with
all of the other conditions set forth in Resolution No. 41 . In
order to facilitate a comparison, I will reference each of the
paragraphs of the Resolution No. 41 and I will indicate in this
letter how the Resolution differs from the Revised Plans as
approved.
A. Resolution No. 41 required that the Building
not exceed 231' in height. Such height limitation was
imposed as a result of agreements between Dr. Wesson
and the adjoining westerly landowner. The current
building design does not exceed 231' in height on the
west elevation of the property. However, because of
topographical changes through the site, the east
elevation slightly exceeds 231' (but does not exceed
OATES, HUGHES & KNEZEVICH, P. C.
Cindy Houben
February 13, 1989
Page 3
the City Code limit of 25 ' ) . The height variation is a
result of the change from a mansard roof in the Wesson
plans to a pitched roof in the Revised Plans. Since
the original height limitation was imposed as a result
of a demand by the adjoining property owner, the
Applicant secured the written consent of the adjoining
landowner to the Revised Plans as part of the HPC
approval. A copy of the Consent to Building Plans is
attached hereto as Exhibit D.
With the consent of HPC, the front porch roof has
also been extended forward of the 15' front property
line setback set forth in Resolution No. 41 . Again,
the original 15 ' setback had been requested by the
adjoining property owner. Such adjoining property
owner has consented to the new configuration. The
building as contemplated by the Revised Plans does,
however, comply with statutory front yard setbacks.
The above changes were part of the overall re-
visions requested by HPC in order to bring the building
into compliance with the guidelines for the Main Street
Historic District.
B. A detailed landscape plan for the property has
been enclosed for your review. Although the original
GMP conditions provided for installation of undulating
sidewalks 5 feet in width and redesigning the irriga-
tion ditches and ditch interconnection, HPC has re-
quested that no sidewalks be constructed until the Main
Street Historic District Improvements District is
placed in service. As part of the approvals, the
Applicant agreed to join any such Improvement District.
Similarly, HPC requested that the ditch be maintained
in its current configuration in order to conform with
the historic character of the area.
C. The architect for the project is currently
meeting with Wayne Vandemark of the Aspen Fire Depart-
ment concerning the actual location of the fire
hydrant. As a result of recent developments, there is
some question as to whether the Fire Department desires
to have the fire hydrant in the location specified by
the Resolution.
r-.. --.
OATES, HUGHES & KNEZEVICH, P. C.
Cindy Houben
February 13, 1989
Page 4
D. All surface runoff on the site will be col-
lected in an on-site drywell. HPC has requested that
ithe curb and gutter on Fifth Street not be installed at
this time and that the curb and gutter would instead be
installed when the Main Street Historic District,
Improvement District, is placed in service. Again, the
Applicant has agreed to join any proposed Improvement
District dealing with curb and gutters.
E. No change.
F. No change.
G. No change.
H. No change.
Everyone has agreed that the building contemplated by
the Revised Plans is far superior to the Wesson Plans. Except
for the design criteria changes, the other changes in the ap-
proved Project are minor. Consequently, we believe that the
Planning Office should approve the Revised Plans as submitted.
As we discussed, we will also be applying to the
Planning Office for an exemption for the construction of an
additional employee housing unit in the basement level. We will
submit such exemption request shortly after your approval of the
enclosed Revised Plans.
I am also enclosing a check from the Applicant in
payment of the $100 . 00 application fee. If you have any other
questions or if we can provide you with any other information,
please feel free to give me a call. Thank you for your coop-
eration in this matter.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
R c A. Knezevich
RAK/pjo
Enclosures
cc: I. McA. Cunningham
Stan A. Mathis
5. 145
CUNNINGHAM INVESTMENT CO,."IrNC.
SUITE 201
121 SOUTH GALENA STREET
ASPEN,COLORADO 81611
k p (441 (303)925-8803
November 19, 1988
Frederick Gannett, Esquire
City Attorney
City of Aspen
130 South Galena Street
Aspen, CO 81611
Re: Wesson Building, Main and Fifth Streets, Block 25,
Lots H and I , City of Aspen
Dear Fred:
At your suggestion, we are writing directly to you in Alan
Richman' s absence concerning proposed changes to the above
referenced property.
Enclosed you will find a letter dated November 2, 1988, to the
City of Aspen Planning Department concerning changes requested to
the HPC and GMP approvals for the property. Since submission of
this November 2nd letter, we have met informally with HPC and
have had numerous meetings with Roxanne Eflin concerning HPC' s
approval of the exterior redesign of the building. As a result
of those meetings it is our understanding that both HPC and
Roxanne are most enthusiastic about the proposed changes. As you
may know, there is significant concern over the nature and style
of the presently approved design. We are making every effort to
bring the fabric of the building into compliance with the
surrounding properties along the historic district of Main
Street. We have formally applied for approval of the proposed
changes with HPC and are presently on schedule to complete those
amendments. Additionally, we are applying for the following
amendments to the approved GMP:
1. Increase the allocated office use FAR by an
additional 500 square feet. It is our understanding that this
square footage may be alloted by either P&Z or City Council,
without rescoring of the GMP. This additional office square
footage would be basement level (below grade) office space and
therefore should not be counted as FAR. It should be noted that
this building was the only building in the 1986/1987 GMP
allotment which received an allotment of square footage in the
NC/SCI zone. Also, there was significant square footage
Frederick Gannett, Esquire
November 19, 1988
Page 2
available within the zone which was not used during that
allotment year.
2. The employee housing presently alloted for the
property is a single, one-bedroom moderate income unit. Provided
that we receive approval of the other items listed herein, we are
proposing that we would increase the number of employee housing
units to two employee units contained within the building. Those
units would include a two bedroom unit and a studio unit,
therefore tripling the number of employee bedrooms contained
within the building. The purpose for including the additional
unit and bedrooms is to create actual housing units rather than
making cash-in-lieu impact fee payments. We would therefore
propose to eliminate payment of the $16 , 625, to be offset by the
actual creation of the employee housing. The original impact fee
was applied against 1. 25 employees and we are creating 2. 25
additional employee housing credits.
3. We are requesting a split of the approved upstairs
unit into two units as noted in the letter to the Planning
Department dated November 2, 1988. We feel that halving of the
size of the upstairs space into two units meets a very
significant need in the community in that we would provide first
quality residences in the $275, 000 price range rather than one
large $550, 000 unit. A duplex use as of right is a permitted use
on Main Street and would qualify on this site.
We feel that the prior proposed amendments to the GMP greatly
improve the building as currently planned. Dr. Wesson has stated
that he will go forward and develop this property as approved if
we are unable to make the changes necessary for us to proceed
forward with development of the building. We feel that it would
be most unfortunate if the currently designed building was
constructed.
We feel that the proposed changes are a great improvement toward
meeting the needs of the community. With approval of these
modifications, we will be increasing the number of constructed
employee units and bedrooms, we will be able to provide quality
office space in the garden level at rates below those found both
downtown and in the immediate area, we will provide two
free-market residential units of a size and price more in line
with what can be afforded by those of us who continue to desire
to live in the downtown Aspen area but cannot qualify for
employee housing because of income.
Frederick Gannett, Esquire
November 19, 1988
Page 3
We are very concerned about the cost of living and doing business
in Aspen and feel that the proposed changes to the building would
contribute toward the quality of life for those who work and
reside in the City.
Please be aware that we have a December 15th deadline in which to
determine whether we are going forward with the acquisition and
development of this project. We would therefore appreciate any
assistance you and the Planning Department may give in order for
us to determine whether the proposed amendments to the GMP will
be approved. We would appreciate your putting us on a City
Council agenda as soon as possible.
Thank you for your consideration in this matter.
Sincerely,
. McA. Cunnin .- m, Pr-- . -nt
Cunningham -vestment .. , Inc.
IMC/kl K/20
CC: Richard A. Knezevich, Esquire
Stan Mathis
MENONANCON
Tat Bill Drueding, Zoning Official
FROM: Steve Burstein, Planning Office
RE: Compliance with Representations and Conditions of
Approval : Wesson Dental Building
DATE: July 23 , 1987
Following are my comments on the Wesson project:
1. See Resolution 41 (1986) attached.
2 . Final HPC approval was given. Minor changes in window design
are technical amendments that I approve as staff sign-off.
Building permit plan elevations appear the same as approved.
3 . Cash-in-lieu payment of $16, 625 for employee housing must be
received by the Housing Authority prior to issuance of building
permit. Please check with Ann Bowman.
4 . Bonus FAR totaling 0. 9: 1 was approved as follows:
2 , 487 s. f. - commercial space
1, 938 s. f. - 1 bedroom free-market apt. on 2nd floor
858 s. f. - employee apt. on garden level
110 s. f. - employee stairwell
5, 393 s. f. - Total
Please verify FAR.
5 . Site plan including 10 new trees, bike rack, handicap access
ramp, seating area, drywells, relocation of irrigation ditch, new
sidewalk and fire hydrant shown as approved. I recommend that
all of these improvements should be made prior to issuance of
Certificate of Occupancy.
6. Wesson should be arranging with the Water Department with
regard to the 6 inch water line extended north along 5th Street
and fire hydrant (both at his expense) so they are accomplished
this summer, and before Certificate of Occupancy.
7 . Maximum height of 23 . 5 feet should be checked.
8. Energy representations (see page 7 of Application attached)
should be verified by the Building Department.
9 . The on-site employee unit should be deed restricted to
moderate income level prior to C.O.
10. Parking for 7 spaces is shown as approved (P&Z special
review) .
11. A trash enclosure 7 . 5 x 6. 5 feet was committed by the
applicant to be constructed on the adjacent property for their
common use of both properties. The enclosure should be built
prior to issuance of Certificate of occupancy.
12 . No existing trees on the property or adjacent ROW should be
cut down.
O
{� NING OFFICE
Alan Richman �;-
ARaJlr, Devel Planning and
opment Director
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•
DV-
TO: Bill Drueding, Zoning Official
FROM: Steve Burstein, Planning Office
RE: Compliance with Representations
Approval: Wesson Dental Building and Conditions of
DATE: July 23 , 1987
Following are my comments on the Wesson project:
1. See Resolution 41 (1986) attached.
2. Final HPC approval was given. Minor changes in window design
are technical amendments that i . approve as staff sign-off.
Building permit plan elevations appear the same as approved.
3 . Cash-in-lieu payment of $16, 625 for employee housing must be
received by the Housing Authority .prior to issuance of building
permit. Please check with Ann Bowman.
4 • Bonus FAR totaling 0. 9 : 1 was approved as follows:
�19Pe �raL IA,AZS 2, 487 s. f. - commercial space
1, 938 s.f. - 1 bedroom free-market apt. on 2nd floor
f
`c�O-,9 o$a�e � 858 s. f. - employee apt. on garden level
110 s. f. - employee stairwell _
5, 393 s. f. - Total
Please verify FAR.
ramp,
5. Site plan including 10 new trees, bike rack, handicap access
•
sidewalk in fire hydrantlshownloc relocation of irrigation ditch, new
all of these improvements should be made approved. I to issuance that
Certificate of Occupancy. made prior to issuance of
6. Wesson should be arranging with the Water Department with
regard to the 6 inch water line extended north along 5th Street
and fire' hydrant (both at his expense) so they are accomplished
this summer, and before Certificate of occupancy.
7. Maximum height of 23 . 5 feet should be checked.
8 . Energy representations (see page 7 of Application attached)
should be verified by the Building Department.
9. The on-site employee unit should be deed restricted to
moderate income level prior to C.O.
10. Parking for 7 spaces is shown as approved (P&Z special
review) .
11. A trash enclosure 7. 5 x 6. 5 feet was committed by the
applicant to be constructed on the adjacent property for their
common use of both properties. The enclosure should be built
prior to issuance of Certificate of Occupancy.
12 . No existing trees on the property or adjacent ROW should be
cut down.
�.
-
• V.
WARRANTY DEED
THIS DEED, made this g/ sr- day of January, 1989, between
WILLIAM WESSON, Grantor, and SHADOW MOUNTAIN ASSOCIATES--1989, a
general partnership, whose legal address is 121 South Galena
Street, No. 201, Aspen, Colorado 81611, Grantee:
WITNESSETH, that the Grantor for and in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell convey and confirm, unto
the Grantee, its successors and assigns forever, all the real
property together with improvements, if any situate, lying and
being in the County of Pitkin and State of Colorado described as
follows:
LOTS H AND I, BLOCK 25, CITY AND TOWNSITE OF
ASPEN
TOGETHER with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the Grantor, either in
law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and
described, with the appurtenances, unto the Grantee, its successors
and assigns forever. And the Grantor, for himself, his heirs, and
personal representatives, does covenant, grant, bargain, and agree
to and with the Grantee, its successors and assigns, that at the
time of the ensealing and delivery of these presents, he is well
seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as •
aforesaid, and that the same are free and clear from all former and ;
other grants, bargains, sales, liens, taxes, assessments, encum-
brances and restrictions of whatever kind or nature soever, except:
1. Taxes for the year 1989 and all subsequent years.
2. Reservations and exceptions as contained in the Deed from
the City of Aspen providing as follows: that no title shall be
hereby acquired to any mine of gold, silver, cinnabar or copper or
to any valid mining claim or possession held under existing laws,
as contained in Deed recorded in Book 59 at page 103.
3. That portion of subject property abutting on Main Street
which has been designated as a Historic District as evidenced by
document recorded in Book 321 at Page 51.
4. Terms, conditions and obligations as set forth in
Statement of Exemption recorded April 4, 1978 in Book 345 at page
628.
5. Terms, conditions, obligations an agreements as contained
in Agreement recorded November 12, 1981 in Book 417 at Page 287.
6. Terms, conditions, restrictions, reservations and
obligations of Historic Designation, as set forth in Ordinance No.
11 (Series of 1987) .
The Grantor shall and will WARRANT AND FOREVER DEFEND the
above-bargained premises in the quiet and peaceable possession of
the Grantee, its successors and assigns, against all and every
person lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular,
and the use of any gender shall be applicable to all genders.
l
r •
y�
IN WITNESS WHEREOF, the Grantor has executed this deed on the
date set forth above.
Wilaet
iam Wesson
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this ?)1
day of January, 1989, by William Wesson.
Witness my hand and official seal.
My commission expires:
Wort J.Hipba/NWW Public
Commission x 12126160. N tary Pu•1 Hopkins
Aye.Colorado 91811
weswd113.re
2