HomeMy WebLinkAboutcoa.lu.ca.300 West Main St.0047.2013.ASLU0047.2013 . A5LU 300 W . Main St
2735 124 41 006
AMENDMENT to ord 21 1988
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Janice K. Vos Caudill
Clerk and Recorder
530 East Main Street
Aspen, CO 81611
(970) 429-2707
www.PitkinClerk.org
Pitkin County Transaction #: 57827
Receipt #: 201400201
Cashier Date: 1/8/2014 4:01:58 PM
(TDRISCOL)
Print Date:
1/8/2014 4:02:00
PM
Customer Information
Transaction Information
Payment Summary
DateReceived: 01 /08/2014
Source Code: Over the
Counter
(ASPCIT) ASPEN CITY OF
Q Code: Mail
Total Fees $31.00
ATTN CITY CLERK
Return Code: Over the
Total Payments $31.00
y
Counter
Trans Type: Recording
Agent Ref
Num:
1 Payments
MA,R = CASH $31.00
1 Recorded Items
BK/PG: " Reception: 607200 Date:1/8/2014
R ( TERM COV) TERMINATION OF 4: 01:57 PM
COVENANTS From: To:
I Recording @ $11 for 1 pg and $5 for 2 or more I 51 I
pgs $1 Surcharge $31.00
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RECEPTION#: 607200, 01/08/2014 at
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1 OF 5, R $31.00 Doc Code TERM COV
Janice K. Vos Caudill, Pitkin County, CO
TERMINATION OF COVENANTS
This Termination of Covenants (this "Termination") is made effective as of the 9`h day
of September, 2013, by the City of Aspen, Colorado ("City"), a Colorado home rule
municipality, and Mittel Europa Properties LLC ("Owner"), a Colorado limited liability
company, as owner of the real property identified in Exhibit A, attached hereto, (referred to
herein as the "Property") for the termination of that certain Declaration of Restrictive Covenants
recorded in the real property records of Pitkin County on February 7, 1989, in Book 585 at Page
489 as Reception No. 308667 (the "Covenants").
RECrrALs:
A. In 1988 Scott and Caroline McDonald (the "McDonalds") were the owners of the
Property. They sought approval from the City for, among other things: (a) historic
designation of the cabin located on the Property (the "Cabin"), (b) the right to build an
addition to the Cabin (the "Addition") and (c) the right to use the Cabin as a restaurant
and the Addition as a residence. They planned to use the Addition primarily as housing
for the owner, manager or an employee of the restaurant.
B. Restaurant use was permitted as a conditional use within the zone district in which the
Property was located.
C. The City granted each of the requests of the McDonalds described in Recital A, above.
In Ordinance No. 21 (Series of 1988), the Aspen City Council conditioned its approval as
follows:
A deed -restriction shall be filed with the Pitkin County Clerk and Recorder's
Office by the owners, or their successors and assigns, restricting the attached
residential unit to be an accessory use to the restaurant, primarily for use of
the restaurant owner/manager or an employee; however, the owner will have
the right to rent out the unit primarily to permanent employees of the
community. The property will not be condominiumized.
D. This condition was memorialized in the Covenants.
E. Although the Property was initially used for the purposes described in the McDonalds'
1988 application to the City, the Cabin has not been used as a restaurant for
approximately 20 years. There are no current plans to restore restaurant use to the
Property.
F. Zoning for the Property was changed in 2005. Concurrent residential and restaurant use
is permitted by right within the Mixed Use (MU) zone district, which includes the
Property.
Termination of Covenants
Page 1
G. Concurrent use of the Property for commercial and residential purposes is consistent with
the aims of the Mixed Use (MU) zone district and the City's planning for the area whichy
includes the Property.
H. Pursuant to Ordinance No. 33 (Series of 2013), on September 9, 2013 (referred to herein
as the "Effective Date"), the Aspen City Council granted Owner's request that the
Covenants be terminated.
THEREFOR, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and
sufficiency of which is hereby acknowledged and confessed, the parties agree that the Covenants
should be, and by the execution of this agreement by both the City and Owner, are hereby
terminated effective upon the Effective Date.
[ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ]
Termination of Covenants
Page 2
IN WITNESS WHEREOF, the City and Owner have signed this Termination of
Covenants as of the Effective Date.
CITY OF ASPEN
a Colorado home a municipality
By:
Stephen J. Skadron
Mayor
ATTEST:
Kathryn S. Koc
City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this __ day of,)a l � ,
201 q, by % s� as Mayo(i i6d Cathryn S. Koch as City Clerk of the City of Aspen,
a Colorado home rule municipality.
WITNESS my hand and official seal.
My commission expires: Z,1712-01 .(
7AMGd1,
Nry Commission Ex0es 0312912014
rA& Notary
blic
Termination of Covenants
Page 3
MITTEL EUROPA PROPERTIES, LLC
a Colorado limited liability company
By. t
/ 9/ /�
Corene Mc overn
Manager
STATE OF COLORADO )
ss.
COUNTY OF PITKIN ) 64
The foregoing instrument was acknowledged before me this, day of November, 2013, by
Corene McGovern as Manager of Mittel Europa Properties, LLC, a Colorado limited liability
company.
WITNESS my hand and official seal.
My commission expires:
CHRISTINE:CUNN:1N1G1]HAMNOTASTATE OIl �(7 l c'
NOTARY I
Termination of Covenants
Page 4
Exhibit A
Legal Description of Properly
Lots Q, R and S, Block 44, Original Township of Aspen, Colorado,
Commonly known as 300 West Main Street, Aspen, Colorado 81611
Termination of Covenants
Page 5
TERMINATION OF COVENANTS
This Termination of Covenants (this "Termination") is made effective as of the 9h day
of September, 2013, by the City of Aspen, Colorado ("City"), a Colorado home rule
municipality, and Mittel Europa Properties LLC ("Owner"), a Colorado limited liability
company, as owner of the real property identified in Exhibit A, attached hereto, (referred to
herein as the "Property") for the termination of that certain Declaration of Restrictive Covenants
recorded in the real property records of Pitkin County on February 7, 1989, in Book 585 at Page
489 as Reception No. 308667 (the "Covenants").
RECrrALS:
A. In 1988 Scott and Caroline McDonald (the "McDonalds") were the owners of the
Property. They sought approval from the City for, among other things: (a) historic
designation of the cabin located on the Property (the "Cabin"), (b) the right to build an
addition to the Cabin (the "Addition") and (c) the right to use the Cabin as a restaurant
and the Addition as a residence. They planned to use the Addition primarily as housing
for the owner, manager or an employee of the restaurant.
B. Restaurant use was permitted as a conditional use within the zone district in which the
Property was located.
C. The City granted each of the requests of the McDonalds described in Recital A, above.
In Ordinance No. 21 (Series of 1988), the Aspen City Council conditioned its approval as
follows:
A deed -restriction shall be filed with the Pitkin County Clerk and Recorder's
Office by the owners, or their successors and assigns, restricting the attached
residential unit to be an accessory use to the restaurant, primarily for use of
the restaurant owner/manager or an employee; however, the owner will have
the right to rent out the unit primarily to permanent employees of the
community. The property will not be condominiumized.
D. This condition was memorialized in the Covenants.
E. Although the Property was initially used for the purposes described in the McDonalds'
1988 application to the City, the Cabin has not been used as a restaurant for
approximately 20 years. There are no current plans to restore restaurant use to the
Property.
F. Zoning for the Property was changed in 2005. Concurrent residential and restaurant use
is permitted by right within the Mixed Use (MU) zone district, which includes the
Property.
Termination of Covenants
Page 1
G. Concurrent use of the Property for commercial and residential purposes is consistent with
the aims of the Mixed Use (MU) zone district and the City's planning for the area whichy
includes the Property.
H. Pursuant to Ordinance No. 33 (Series of 2013), on September 9, 2013 (referred to herein
as the "Effective Date"), the Aspen City Council granted Owner's request that the
Covenants be terminated.
THEREFOR, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and
sufficiency of which is hereby acknowledged and confessed, the parties agree that the Covenants
should be, and by the execution of this agreement by both the City and Owner, are hereby
terminated effective upon the Effective Date.
[ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Termination of Covenants
Page 2
IN WITNESS WHEREOF, the City and Owner have signed this Termination of
Covenants as of the Effective Date.
CITY OF ASPEN
a Colorado homerule municipality
By:
Stephen J. Skadron , r
Mayor f b Aid
ATTEST:
&V.e, � � A -
athryn S. Koc
City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledgt%hryn
before me this S day of�
201q, by M :mac s� as Mayo dS. Koch as City Clerk of the City of Aspen,
a Colorado home rule municipality.
WITNESS my hand and official seal.
My commission expires: q
IUIPDA M.
!� i_s�fQtG
M, Commission Ex$es 0312912014
U11
a Notary
iubWIicb
Termination of Covenants
Page 3
MITTEL EUROPA PROPERTIES, LLC
a Colorado limited liability company
t
By:
Corene Mc overn
Manager
STATE OF COLORADO )
i ) ss.
COUNTY OF PITKIN ) .�A
The foregoing instrument was acknowledged before me this day of November, 2013, by
Corene McGovern as Manager of Mittel Europa Properties, LLC, a Colorado limited liability
' company.
WITNESS my hand and official seal.
My commission expires:
CHRISTINE CUNNINOHAM
NOTARY PUBLIC
aiATE OF COLQRAL)A a<UDIL � ' 1
NOTARY ID #20054030120 l
� 1,2047
Termination of Covenants
Page 4
Exhibit A
Legal Description of Properly
Lots Q, R and S, Block 44, Original Township of Aspen, Colorado,
Commonly known as 300 West Main Street, Aspen, Colorado 81611
Termination of Covenants
Page 5
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0047.2013.ASLU
PARCEL ID NUMBERS 2735.1244.1006
PROJECTS ADDRESS 300 WEST MAIN
PLANNER SARA ADAMS
CASE DESCRIPTION AMENDMENT TO ORDINANCE 21
SERIES OF 1988
REPRESENTATIVE ALAN RICHMAN 920 1125
DATE OF FINAL ACTION 10/11/2013
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ORDINANCE NO. 33
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING ORDINANCE NO. 21 (SERIES OF 1988) TO REMOVE A CONDITION OF
SAID ORDINANCE FOR THE PROPERTY LOCATED AT 300 W. MAIN STREET,
LEGALLY DESCRIBED AS LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE
OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL ID #: 2735-124-41-006
WHEREAS, the Community Uevelopment Department received an application from Mittel
Europa Properties, I.I.C. represented by Alan Richman Planning Services. Inc., requesting an
amendment to Ordinance No. 21 (Series of 1988) to remove a condition of approval for Historic
Landmark designation of the property located at 300 W. Main Street, Lots Q, R and S, Block 44,
City and Townsite of Aspen, County ol' Pitkin, State of Colorado: and
WHEREAS, the subject property is zoned Mixed Use (MU) and contains a single-family house;
and
WHEREAS, on June 13, 1988, Aspen City Council approved Historic Landmark designation of
the property with a condition via Ordinance No. 21 (Series of 1988) Section 2; and
WHEREAS, upon review of the application and the applicable code standards, the Community
Development Department recommends approval of the amendment: and
WHEREAS, during a public hearing on September 9, 2013, the Aspen City C oUncll approved
Ordinance No. 33, Series 2013, by a five to zero (5-0) vote; and.
WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development
standards and that the approval of the proposal is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health. safety. and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,THAT:
Section 1:
Pursuant to the procedures and standards set forth in 'Title 26 of the Aspen Municipal Code, the
City Council hereby amends Section 2 of Ordinance No. 21 (Series of 1988) to maintain Historic
Landmark designation of the property located at 300 W. Main Street without any condition of
approval.
300 W. Main
Ordinance #33, Series ol'2013
Page 1 of 2
Section 2•
Release of the existing Declaration of Restrictive Covenants, recorded February 2, 1989 with the
Pitkin County Clerk and Recorder in Book 585 at Page 489, is authorized by the City of Aspen
Mayor's signature and recordation of the 'Termination of Covenants provided by the applicant
within 180 days of the signing of this Ordinance.
Section 3•
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4:
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 5:
A public hearing on the ordinance shall be held on the 9`h day of September, 2013. in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12t' day of August 2013.
1i
Attest: 1
Kathryn Ko , City Clerk Steven SkadroMayor
FINALLY, adopted, passed and approved this __ day of _ , 2013.
Attest:
Kathryn Koc C ity C lerk
Approved as to form:
�imrue,-di�y Attorney
Steven k dt Mayor
l
300 W. Main
Ordinance #33, Series of 2013
Page 2 of 2
9 0
Regular Meeting Aspen City Council September 9, 2013
26.440, SPECIALLY PLANNED AREA;
26.445, PLANNED UNIT DEVELOPMENT;
26.104.100, DEFINITIONS — SPECIALLY PLANNED AREA;
26.208.010, CITY COUNCIL - POWERS AND DUTIES;
26.210.020.13, COMMUNITY DEVELOPMENT DEPARTMENT — JURISDICTION,
AUTHORITY AND DUTIES;
26.212.010, PLANNING AND ZONING COMMISSION — POWERS AND DUTIES;
26.304.040, COMMON DEVELOPMENT REVIEW PROCEDURES — INITIATION OF
APPLICATION FOR DEVELOPMENT ORDER;
26.304.060.A, REVIEW OF A DEVELOPMENT APPLICATION BY DECISION -MAKING
BODIES — REVIEW OF PROCEDURES AND STANDARDS;
26.412.040.A, COMMERCIAL DESIGN REVIEW — REVIEW PROCEDURE, REVIEW
PROCESS;
26.470.110.A, GROWTH MANAGEMENT REVIEW PROCEDURES — GENERAL;
26.510.020, SIGNS — APPLICABILITY AND SCOPE;
26.590, TIMESHARE DEVELOPMENT; AND
26.710.230, ZONE DISTRICTS — ACADEMIC.
Councilman Romero moved to adopt Ordinance #36, Series of 2013, on first reading; seconded
by Councilwoman Mullins. Roll call vote; Councilmembers Daily, yes; Mullins, yes; Romero,
yes; Frisch, yes; Mayor Skadron, yes. Motion carried.
Councilman Romero moved to read Ordinance #37, Series of 2013; seconded by Councilman
Daily. All in favor, motion carried.
ORDINANCE No. _37_
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.480 — SUBDIVISION AND SECTION 26.104.100 — DEFINTIONS, OF THE
CITY OF ASPEN LAND USE CODE.
Councilman Romero moved to adopt Ordinance #37, Series of 2013, on first reading; seconded
by Councilman Daily. Roll call vote; Councilmembers Romero, yes; Frisch, yes; Daily, yes;
Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #33, SERIES OF 2013 — 300 W. Main Subdivision Amendment
Justin Barker, community development department, told Council this is a historically designated
property with a historic cabin and an added residence. Barker said in the 1980's the owners
wanted to convert the cabin into a restaurant and add a residence. The office zoning did not
allow a restaurant use unless it was a historic landmark property and as a conditional use. P&Z
reviewed the conditional use and there were concerns about employee mitigation. Barker told
Council the code under which this project was reviewed did not require mitigation for historic
Regular Meeting Aspen City Council September 9, 2013
landmarks. During historic designation of the property, Council placed an occupancy restriction
on the residence to be accessory to the restaurant use both in the ordinance and in covenants.
Barker noted the restaurant has not been in operation for over 20 years. The applicants are
requesting the condition regarding occupancy be removed and the covenants released. Barker
pointed out there are no review criteria for this type of amendment. Barker said staff finds the
condition was a response to concerns at the time and are not valid anymore. The property is now
zoned mixed use which allows for residences or restaurants by right.
Alan Richman, representing the applicant, reiterated this property was designated as a landmark
because at the time the office zone district only allowed a restaurant as a conditional use and
only in a landmark. The owner's objective was to turn the cabin into a restaurant and that
conversion was what triggered the conditions. The applicants wanted to build a residence at the
back so they could live on the property. Richman said at that time, principle uses were allowed
and everything else had to be accessory uses.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Romero moved to adopt Ordinance #33, Series of 2013, on second reading;
seconded by Councilwoman Mullins. Roll call vote; Councilmembers Daily, yes; Frisch, yes;
Romero, yes; Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #27, SERIES OF 2013 - 420 E. Hyman Subdivision Review
Councilwoman Mullins was recused. Sara Adams, community development department,
reminded Council this application is for the redevelopment of 420 East Hyman, to demolish the
existing building and reconstruct a new 3-story mixed use building to include commercial, free
market residential and affordable housing uses. Ms. Adams noted at the last public hearing there
were some concerns that the project did not meet the subdivision criteria regarding compatibility
with the downtown commercial core and the approval of the mixed use project could adversely
affect land uses in the area. Ms. Adams said the issue was with the penthouse. The applicant
and the city attorney's office collaborated on language in the ordinance requiring a covenant,
which will be recorded, and a list of acknowledgements of the commercial core zone, possible
noises and hours of operation of commercial uses. This covenant will state the owner will not
interfere with uses that are lawfully permitted in the CC zone district. The city will be party to
the covenant, which cannot be changed without city approval. Ms. Adams told Council the
applicant is requesting 5 years of vested rights instead of the state statute for 3 years. Ms. Adams
said staff does not feel the applicant has demonstrated a public benefit for longer vesting. This
application was submitted before the code changes, which is why there is a penthouse in the
application. Councilman Daily said the covenant is a worthy effort; it can only go so far.
Charles Cunniffe, representing the applicant, told Council the reason for the vesting request is
some existing leases that would go beyond the 3 years that they would prefer to keep the existing
businesses. John Martin, applicant, said he feels an important role of a property owner is to look
after one's tenants. Martin said since the recession, tenants in Aspen have had hard times and
•
•
MEMORANDUM
TO: Mayor Skadron and Aspen City Council
THRU: Chris Bendon, Community Development Director 4M
FROM: Justin Barker, Planner
RE: 300 W. Main Street — Amendment to Ordinance No. 21, Series of
1988, Second Reading of Ordinance #33, Series of 2013
MEETING DATE: September 9, 2013
SUMMARY: The property located at 300 ! wfRST
W. Main Street contains a designated historic
resource. Prior to 1988, the property
contained only a single-family residence. In
1988, a restaurant was approved as a
conditional use for the property by the h
Planning and Zoning Commission. Due to
affordable housing mitigation concern,
Council approved historic designation with a
condition of approval that required recorded
covenants restricting occupancy of the �.
residential unit to the restaurant owner or a f g
permanent employee of the community. The y A
restaurant has not been in operation for over 20 years, and the condition provides a level of
confusion and uncertainty for the property.
The applicant is requesting City Council amend Ordinance No. 21, Series of 1988 to remove the
condition of approval regarding 300 W. Main Street so the covenants may be released. City
Council is the deciding body for an Ordinance amendment. The condition of approval was a
response to concerns regarding the requirements of the Land Use Code at that time. These
concerns are no longer valid under the current Code and deem the condition unnecessary. Staff
recommends APPROVAL.
APPLICANT: Mittel Europa Properties, LLC
Represented by Alan Richman Planning Services, Inc.
PARCEL ID: 2735-124-41-006.
ADDRESS: 300 W. Main Street, Lots Q, R and S, Block 44, City and Townsite of Aspen.
Page 1 of 4
ZONING: (MU) Mixed Use.
PRIOR APPROVALS:
o Historic Preservation Commission (HPC) Approvals
■ In February 1988, HPC approved Conceptual Development and recommended
approval of historic designation to City Council.'
■ In May 1988, HPC approved Final Development.z
o Planning and Zoning Commission (P&Z) Approvals
■ In April 1988, P&Z approved a restaurant as a conditional use in the Office zone
district for this property and recommended approval of historic designation to
City Council.3
o City Council Approvals
■ In June 1988, City Council approved a historic landmark designation. The
designation was conditioned upon an occupancy restriction for the residential
unit on site.4
BACKGROUND: The property is approximately 9,000 square feet in size and contains a
historically designated cabin originally built in 1944 as a single-family residence. The cabin was
improved in 1988, which included converting the cabin into a restaurant and adding a residence
along the north and west sides of the cabin. At that time, the property was zoned Office and only
permitted a restaurant as a conditional use and only in historic structures. The owners at the time
applied for historic designation so the restaurant could be approved as a conditional use. The
Planning and Zoning Commission reviewed the conditional use expressing concern for
affordable housing mitigation of a" new commercial use. Planning and Zoning granted the
conditional use based on the applicant's voluntary deed -restriction of the new residential unit as
an accessory use to the restaurant.
After recommendation for designation from staff, P&Z and HPC, City Council granted historic
designation to the property with the following condition:
A deed -restriction shall be filed with the Pitkin County Clerk and Recorder's Office by the
owners, or their successors and assigns, restricting the attached residential unit to be an
accessory use to the restaurant, primarily for use of the restaurant owner/manager or an
employee; however, the owner will have the right to rent out the unit primarily to
permanent employees of the community. The property will not be condominiumized.
A subsequent Declaration of Restrictive Covenants ("Covenants") was prepared that satisfied
this condition of approval and was signed by the property owners and the City. The Covenants
run with the property and are binding until February 2039. They can only be released by
' HPC Minutes from February 9, 1988
Z HPC Minutes from May 24, 1988
3 P&Z Minutes from April 19 & 26, 1988
" Ordinance No. 21, Series of 1988
Page 2 of 4
Resolution of City Council. The property is currently the residence of the applicant with a home
occupation, and has not been used as a restaurant in over 20 years. The Ordinance approving
designation and restrictive covenants are included in the application packet, Exhibit A.
STAFF EVALUATION: The applicant is requesting that Council amend Ordinance No. 21,
Series of 1988 to remove the condition of approval for 300 W. Main and to release the
Covenants. There are no established review criteria for an Ordinance amendment.
In 1988, the only way a restaurant use would be allowed in the Office zone district was if the
property was designated historic and received a conditional use approval. The applicant
proposed to convert the cabin to a restaurant and add a 1700 square foot residence. The cabin
was not as old as structures that were typically designated at the time, but HPC found the
contributing nature of the structure along Main Street and as one of the few remaining cabins
important to preserve and recommended designation.
During P&Z's 1988 review of the restaurant as a conditional use, there was concern over how to
mitigate for the effects of a new commercial business in town. This process occurred during a
transition in the Land Use Code. The Code in effect did not require the applicant to provide
employee housing for a historic landmark, while the newer Code required 35% mitigation for the
expansion. The Commission was hesitant to approve such an expansion without some form of
assurance that mitigation would be provided, but wanted to protect what was considered a
valuable historic resource. An employee unit was originally proposed, but eliminated due to
HPC concerns over the massing. As a solution, the applicants voluntarily offered an occupancy
restriction on the unit to be reviewed by Council as part of the historic designation. Since most
of the concern was based on the immediate impacts of the development, there was no discussion
on what would be required of the residential unit if the conditional use no longer existed in the
future.
Today the property is only being used as a single-family residence. The restaurant has not been
operational since the 1990s. This leaves the residence in a complicated situation of being
occupancy restricted upon a use that is not there and creates a level of uncertainty to any potential
buyers of the property while complicating the language of the property's historic designation.
There are two reasons why this occupancy restriction is no longer valid under the current Land
Use Code:
1. The property is now zoned Mixed Use, which allows restaurant uses and residential uses
together by right on historic landmarks.
2. A change in use of a historic landmark does not require employee mitigation as long as no
more than one free market residence is created.
With these two provisions, the same development that was proposed in 1988 would today be
permitted by right without requiring mitigation, and would not even require a public hearing
before a review board. If any new development is proposed that is more than just a change in
use, current growth management requirements would apply. The condition for approval was a
Page 3 of 4
way to gain historic designation on the property while responding to concerns regarding
mitigation requirements of the Land Use Code. However, the concerns are no longer applicable
to this particular situation as the Code has changed. The property was not designated because of
the conditional use and should not be subject to that conditional use being present. Staff finds
that the occupancy restriction is no longer necessary on the property and should be removed.
STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the proposal is
reasonable and recommends APPROVAL to remove the condition for 300 W. Main Street from
Ordinance No. 21, Series of 1988 and to release the Covenants.
PROPOSED MOTION (All motions are worded in the affirmative): "I move to approve
Ordinance No. 33, Series of 2013, approving an amendment to Ordinance No. 21, Series of 1988,
on Second Reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A —Application
Page 4 of 4
0 . 0
ORDINANCE NO.33
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING ORDINANCE NO. 21(SERIES OF 1988) TO REMOVE A CONDITION OF
SAID ORDINANCE FOR THE PROPERTY LOCATED AT 300 W. MAIN STREET,
LEGALLY DESCRIBED AS LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE
OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL ID #: 2735-124-41-006
WHEREAS, the Community Development Department received an application from Mittel
Europa Properties, LLC, represented by Alan Richman Planning Services, Inc., requesting an
amendment to Ordinance No. 21 (Series of 1988) to remove a condition of approval for Historic
Landmark designation of the property located at 300 W. Main Street, Lots Q, R and S, Block 44,
City and Townsite of Aspen, County of Pitkin, State of Colorado; and
WHEREAS, the subject property is zoned Mixed Use (MU) and contains a single-family house;
and
WHEREAS, on June 13, 1988, Aspen City Council approved Historic Landmark designation of
the property with a condition via Ordinance No. 21 (Series of 1988) Section 2; and
WHEREAS, upon review of the application and the applicable code standards, the Community
Development Department recommends approval of the amendment; and
WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council approved
Ordinance No. 33, Series 2013, by a to L-j vote; and,
WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development
standards and that the approval of the proposal is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby amends Section 2 of Ordinance No. 21 (Series of 1988) to maintain Historic
Landmark designation of the property located at 300 W. Main Street without any condition of
approval.
300 W. Main
Ordinance #33, Series of 2013
Page 1 of 2
Section 2•
Release of the existing Declaration of Restrictive Covenants, recorded February 2, 1989 with the
Pitkin County Clerk and Recorder in Book 585 at Page 489, is authorized by the City of Aspen
Mayor's signature and recordation of the Termination of Covenants provided by the applicant
within 180 days of the signing of this Ordinance.
Section 3:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4•
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 5•
A public hearing on the ordinance shall be held on the 9t' day of September, 2013, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12a' day of August, 2013.
Attest:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this
Attest:
Kathryn Koch, City Clerk
Approved as to form:
Jim True, City Attorney
Steven Skadron, Mayor
day of , 2013.
Steven Skadron, Mayor
300 W. Main
Ordinance #33, Series of 2013
Page 2 of 2
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY-
0 W �� 1 Y1 �-} �_, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
F'( o n_ S -A . O G , 201
STATE OF COLORADO )
) ss.
County of Pitkin )
i, N (a _.6 + i n (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of , 20_, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived- However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signa=e
The foregoing "Affidavit of Notice" was acknowledged before me thiswkw
of , 20� by 71AA 11.iIl1 ft lti
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WITNESS MY HAND AND OFFICIAL SEAL
My commission e• A /
Notary•
ATTACHMENTS AS APPLICABLE:
* COPY OF THE PUBLICATION
* PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTICD
BY MAIL
* APPLICANT CERTICICATION OF NUNERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
•
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Sao V-4-+6 i-.e�� , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
Se�1.s.- , 20 �3
STATE OF COLORADO )
ss.
County of Pitkin )
I, k A—, K` ""%.,&, (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
✓ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the 23 day of 203 , to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
111 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
Sig ature
The fore ing "Affidavit of Notice" was acknowledged before me this S day
of 5� ,20k by A��
C!
U
PUBLIC J
4F CMW"W 6Vbt 07M M I.
WITNESS MY HAND AND OFFICIAL SEAL
Y
mission expires:
1-1 J
Notary u lic
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
0
PUBLIC NOTICE
RE: 300 W. MAIN STREET — AMENDMENT TO ORDINANCE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 9, 2013,
at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130
S. Galena St., Aspen, to consider an application submitted by Mittel Europa Properties, LLC (300
W. Main St, Aspen), represented by Alan Richman Planning Services, Inc., for the property located
at 300 W. Main Street. The applicant is requesting to amend Ordinance No. 21, Series of 1988 to
remove a condition of approval that places an occupancy restriction on the residence. The
property is legally described as Lots Q, R, and S, Block 44, City and Townsite of Aspen, Parcel
ID 2735-124-41-006. For further information, contact Justin Barker at the City of Aspen
Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797,
justin.barker@cityofaspen.com.
s/ Steven Skadron, Mayor
Aspen City Council
Published in the Aspen Times on August 22, 2013
City of Aspen Account
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320 W BLEEKER ST PO BOX 220 333 W BLEEKER ST
ASPEN, CO 81611 CABIN JOHN, MD 20818 ASPEN, CO 81611
RICKEL DAVID RISCOR INC ROMANUS RAYMOND
275 GOLDENROD DR 2651 N HARWOOD ST #580 19 RIVER OAKS DR
LANDSDALE, PA 19446 DALLAS, TX 75201-1576 CALUMET CITY, IL 60409
ROSENTHAL DIANNE SCRUGGS DAVID C & PHYLLIS R SEVEN SEAS INVESTMENT LLC
PO BOX 10043 365 RIVERBLUFF PL 1120 MICHIGAN AVE
ASPEN, CO 81612-7311 MEMPHIS, TN 38103 WILMETTE, IL 60091
SHEEHAN WILLIAM J SILVERSTEIN PHILIP
SHEEHAN NANCY E SILVERSTEIN ROSALYN SNYDER GORY
LKI 19027
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FRANKFORT, IL 60423 BRONX, NY 10463 LKINS PARK, PA
SPERAW ENDEAVORS LLC STEVENS BRUCE 95.75% STEVENS LESLEY 4.25%
PO BOX 6575 214 W BLEEKER ST 214 W BLEEKER ST
SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611 ASPEN, CO 81611
STEVENSON KAREN H 27% STOLL JONATHAN & LORI TACO 2 LLC
205 W MAIN ST 226 EMERALD LN 220 W MAIN ST #202
ASPEN, CO 81611 PALM BEACH, FL 33480 ASPEN, CO 81611
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PO BOX 9978 605 LINCOLN RD #301 6400 S CLIPPINGER DR
ASPEN. CO 81612 MIAMI BEACH. FL 33139 CINCINNATI. OH 45243
TWIN COASTS LTD TYROL APARTMENTS LLC TYROLEAN LODGE LLC
433 PLAZA REAL #275 200 W MAIN ST 200 W MAIN ST
BOCA RATON, FL 33432 ASPEN, CO 81611 ASPEN, CO 81611
WARBLE ERIC WEST MAIN VENTURES WINER CAROL G 50%
0124 SPRING PL PO BOX 11977 6740 SELKIRK DR
EDWARDS, CO 81632 ASPEN, CO 81612 BETHESDA, MD 20817
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BOYNTON BEACK, FL 33474
GROSVENOR DENIS GUERRA DONNA GUNGOLL CARL E EXPLORATION LLC
100 SOUTH PLAZA #D 3622 SPRINGBROOK ST 6 NE 63RD ST #300
TASO. NM 87571 DALLAS. TX 75205 OKLAHOMA CITY. OK 73105
GUNN ROBERT W 1996 FAMILY TRUST GUNNING JANINE L GUNNING RALPH
C/O ROBERT W GUNN PO BOX 11705 PO BOX 11912
409 OCEAN AVE ASPEN, CO 81612 ASPEN, CO 81612
MARBLEHEAD. MA 01945
HOWELL DANIEL B & MARY H HUDGENS ROBYN INNSBRUCK CONDO ASSOC
3701 PALMA CEIA CT 401 W BLEEKER ST 233 W MAIN ST
TAMPA, FL 33629 ASPEN, CO 816111225 ASPEN, CO 81611
JACOBY FAMILY LP JEWISH RESOURCE CENTER CHABAD JOSEPH RUSSELL C & ELISE E
1402 DUVAL DR OF ASPEN 3257 INWOOD DR
GODFREY, IL 62035 435 W MAIN ST HOUSTON, TX 77019
ASPEN, CO 81612
KARP MICHAEL KETTELKAMP GRETTA M KING LOUISE LLC
1630 LOCUST ST #200 3408 MORRIS AVE PO BOX 1467
PHILADELPHIA, PA 19103 PUEBLO, CO 81008 BASALT, CO 81621
LAMBERT HENRY M LEVY ROBERT I LORENTZEN AMY L
320 JULIA ST 2099 NW PINE TREE WY 26 GREENVIEW WAY
NEW ORLEANS, LA 70130 STUART, FL 34994 MONTCLAIR. NJ 070432532
M D W ENTERPRISES INC MARTIN SCOTT M MAYER KEVIN
233 W BLEEKER ST SAND KATHERINE M 222 W HOPKINS AVE #2
ASPEN, CO 81611 PO BOX 51 ASPEN, CO 81611
ASPEN. CO 81612
MOUNTAIN LODGE HOLDINGS LLC MULKEY DAVID A & LAURA NEWKAM JAMES F & PATRICK C
PO BOX 5109 2860 AUGUSTA DR 211 W MAIN ST
ASPEN, CO 81612 LAS VEGAS, NV 89109 ASPEN, CO 81611
NEWTON BARBARA PESIKOFF DAVID & SARAH PIONEER PARTNERS LTD
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310 W BLEEKER ST
ASPEN. CO 81611
BOOKBINDER FISHDANCE & DELANEY
LLC
164 LITTLE PARK RD
GRAND JUNCTION, CO 81503
BROWDE DAVID A
604 QUAKER RD
CHAPPAQUA, NY 10514
CHISHOLM EDITH S 46%
205 W MAIN ST
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COLORADO MTN NEWS MEDIA
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CROWLEY SUE MITCHELL REV TRUST
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223 W BLEEKER ST
ASPEN. CO 81611
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NAPERVILLE, IL 60563
ALLAN ANDREW S
154 MARION ST
DENVER, CO 80218
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ATTN: LEGAL DEPT
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330 WEST BLEEKER STREET LLC
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ASPEN, CO 81612
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311 W MAIN ST
ASPEN, CO 81611
BOND RICHARD CAREY
320 JULIA ST
NEW ORLEANS, LA 70130
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ASPEN, CO 81611
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MEMORANDUM
TO: Mayor and Aspen City Council
THRU: Chris Bendon, Community Development Director AIA
FROM: Justin Barker, Planner
RE: 300 W. Main Street — Amendment to Ordinance No. 21, Series of
1988, First Reading of Ordinance #_, Series of 2013, Second
Reading is scheduled for September 9, 2013
MEETING DATE: August 12, 2013
SUMMARY: The property located at 300 y ! wk_� F,I,"
W. Main Street contains a designated historic
resource. Prior to 1988, the property
contained only a single-family residence. In
1988, a restaurant was approved as a
conditional use for the property by the
Planning and Zoning Commission. Due to �F
affordable housing mitigation concern,
Council approved historic designation with a
condition of approval that required recorded
covenants restricting occupancy, of the•
residential unit to the restaurant owner or a r a
permanent employee of the community. The
restaurant has not been in operation for over 20 years, and the condition provides a level of
confusion and uncertainty for the property.
The applicant is requesting City Council amend Ordinance No. 21, Series of 1988 to remove the
condition of approval regarding 300 W. Main Street so the covenants may be released. City
Council is the deciding body for an Ordinance amendment. The condition of approval was a
response to concerns regarding the requirements of the Land Use Code at that time. These
concerns are no longer valid under the current Code and deem the condition unnecessary. Staff
recommends APPROVAL.
APPLICANT: Mittel Europa Properties, LLC
Represented by Alan Richman Planning Services, Inc.
PARCEL ID: 2735-124-41-006.
ADDRESS: 300 W. Main Street, Lots Q, R and S, Block 44, City and Townsite of Aspen.
Page 1 of 4
ZONING: (MU) Mixed Use.
PRIOR APPROVALS:
o Historic Preservation Commission (HPC) Approvals
■ In February 1988, HPC approved Conceptual Development and recommended
approval of historic designation to City Council.'
■ In May 1988, HPC approved Final Development.2
o Planning and Zoning Commission (P&Z) Approvals
■ In April 1988, P&Z approved a restaurant as a conditional use in the Office zone
district for this property and recommended approval of historic designation to
City Council.3
o City Council Approvals
■ In June 1988, City Council approved a historic landmark designation. The
designation was conditioned upon an occupancy restriction for the residential
unit on site.4
BACKGROUND: The property is approximately 9,000 square feet in size and contains a
historically designated cabin originally built in 1944 as a single-family residence. The cabin was
improved in 1988, which included converting the cabin into a restaurant and adding a residence
along the north and west sides of the cabin. At that time, the property was zoned Office and only
permitted a restaurant as a conditional use and only in historic structures. The owners at the time
applied for historic designation so the restaurant could be approved as a conditional use. The
Planning and Zoning Commission reviewed the conditional use expressing concern for
affordable housing mitigation of a new commercial use. Planning and Zoning granted the
conditional use based on the applicant's voluntary deed -restriction of the new residential unit as
an accessory use to the restaurant.
After recommendation for designation from staff, P&Z and HPC, City Council granted historic
designation to the property with the following condition:
A deed -restriction shall be filed with the Pitkin County Clerk and Recorder's Office by the
owners, or their successors and assigns, restricting the attached residential unit to be an
accessory use to the restaurant, primarily for use of the restaurant owner/manager or an
employee; however, the owner will have the right to rent out the unit primarily to
permanent employees of the community. The property will not be condominiumized.
A subsequent Declaration of Restrictive Covenants ("Covenants") was prepared that satisfied
this condition of approval and was signed by the property owners and the City. The Covenants
' HPC Minutes from February 9, 1988
2 HPC Minutes from May 24, 1988
s P&Z Minutes from April 19 & 26, 1988
4 Ordinance No. 21, Series of 1988
Page 2 of 4
•
run with the property and are binding until February 2039. They can only be released by
Resolution of City Council. The property is currently the residence of the applicant with a home
occupation, and has not been used as a restaurant in over 20 years. The Ordinance approving
designation and restrictive covenants are included in the application packet, Exhibit A.
STAFF EVALUATION: The applicant is requesting that Council amend Ordinance No. 21,
Series of 1988 to remove the condition of approval for 300 W. Main and to release the
Covenants. There are no established review criteria for an Ordinance amendment.
In 1988, the only way a restaurant use would be allowed in the Office zone district was if the
property was designated historic and received a conditional use approval. The applicant
proposed to convert the cabin to a restaurant and add 1700 square feet of residence. The cabin
was not as old as structures that were typically designated at the time, but HPC found the
contributing nature of the structure along Main Street and as one of the few remaining cabins
important to preserve and recommended designation.
During P&Z's review of the restaurant as a conditional use, there was concern over how to
mitigate for the effects of a new commercial business in town. This process occurred during a
transition in the Land Use Code. The Code in effect did not require the applicant to provide
employee housing for a historic landmark, while the newer Code required 35% mitigation for the
expansion. The Commission was hesitant to approve such an expansion without some form of
assurance that mitigation would be provided, but wanted to protect what was considered a
valuable historic resource. An employee unit was originally proposed, but eliminated due to
HPC concerns over the massing. As a solution, the applicants voluntarily offered an occupancy
restriction on the unit to be reviewed by Council as part of the historic designation.
Since most of the concern was based on the immediate impacts of the development, there was no
discussion on what would be required of the residential unit if the conditional use no longer
existed in the future. Today the property is only being used as a single-family residence. This
leaves the residence in a complicated situation of being occupancy restricted upon a use that is
not there and creates a level of uncertainty to any potential buyers of the property while
complicating the language of the property's historic designation.
There are two reasons why this occupancy restriction is no longer valid under the current Land
Use Code:
1. The property is now zoned Mixed Use, which allows restaurant uses and residential uses
together by right on historic landmarks.
2. A change in use of a historic landmark does not require employee mitigation as long as no
more than one free market unit is created.
With these two provisions, the same development that was proposed in 1988 would today be
permitted by right without requiring mitigation, and would not even require a public hearing
before a review board. If any new development is proposed that is more than just a change in
use, current growth management requirements would apply. The condition for approval was a
Page 3 of 4
E
•
way to gain historic designation on the property while responding to concerns regarding
mitigation requirements of the Land Use Code. However, the concerns are no longer applicable
to this particular situation as the Code has changed. The property was not designated because of
the conditional use and should not be subject to that conditional use being present. Staff finds
that the occupancy restriction is no longer necessary on the property and should be removed.
STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the proposal is
reasonable and recommends APPROVAL to remove the condition for 300 W. Main Street from
Ordinance No. 21, Series of 1988 and to release the Covenants.
PROPOSED MOTION (All motions are worded in the affirmative): "I move to approve
Ordinance No. , Series of 2013, on First Reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A —Application
Page 4 of 4
0 •
ORDINANCE NO.
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING ORDINANCE NO. 21 (SERIES OF 1988) TO REMOVE A CONDITION OF
SAID ORDINANCE FOR THE PROPERTY LOCATED AT 300 W. MAIN STREET,
LEGALLY DESCRIBED AS LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE
OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL ID #: 2735-124-41-006
WHEREAS, the Community Development Department received an application from Mittel
Europa Properties, LLC, represented by Alan Richman Planning Services, Inc., requesting an
amendment to Ordinance No. 21 (Series of 1988) to remove a condition of approval for Historic
Landmark designation of the property located at 300 W. Main Street, Lots Q, R and S, Block 44,
City and Townsite of Aspen, County of Pitkin, State of Colorado; and
WHEREAS, the subject property is zoned Mixed Use (MU) and contains a single-family house;
and
WHEREAS, on June 13, 1988, Aspen City Council approved Historic Landmark designation of
the property with a condition via Ordinance No. 21 (Series of 1988) Section 2; and
WHEREAS, upon review of the application and the applicable code standards, the Community
Development Department recommends approval of the amendment; and
WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development
standards and that the approval of the proposal is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby amends Section 2 of Ordinance No. 21 (Series of 1988) to maintain Historic
Landmark designation of the property located at 300 W. Main Street without any condition of
approval.
Section 2•
Release of the existing Declaration of Restrictive Covenants, recorded February 2, 1989 with the
Pitkin County Clerk and Recorder in Book 585 at Page 489, is authorized by Council signature
and recordation of the Termination of Covenants provided by the applicant.
300 W. Main
Ordinance #_, Series of 2013
Page 1 of 2
Section 3•
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4•
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 5•
A public hearing on the ordinance shall be held on the 9t' day of September, 2013, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12t' day of August, 2013.
Attest:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this
Attest:
Kathryn Koch, City Clerk
Approved as to form:
Jim True, City Attorney
Steven Skadron, Mayor
day of , 2013.
Steven Skadron, Mayor
300 W. Main
Ordinance #_, Series of 2013
Page 2 of 2
THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date: July 1, 2013
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0047.2013.ASLU —300 W. Main Street. The planner
assigned to this case is Justin Barker.
Ll Your Land Use Application is incomplete:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th You,
�--
nnifer P e , Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required New SPA New PUD
Yes No Subdivision, SPA, or PUD (creating more than 1 additional
lot)
GMQS Allotments Residential Affordable Housing
Yes Now Commercial E.P.F.
• •
RECE IVED
LAND USE APPLICATION
JUN 2 7 2013
APPLICANT:
,
CIT�a ASPEN
Name:
LOPMENT
Location:
5 k\c.A ct—
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED)
y'1 -2, S to 0 6
REPRESENTATIVE:
Name:
Address:
P o Rio X ?, ` t 3
Phone #:
ci3, o 11"Lf
PROJECT:
Name:
e c_i
Q�- \`1IrS
Address:cc—
Phone #:
10 q2o 320,
TYPE OF APPLICATION: (please check all that apply):
❑ Conditional Use
❑ Conceptual PUD
❑
Conceptual Historic Devt.
❑ Special Review
❑ Final PUD (& PUD Amendment)
❑
Final Historic Development
❑ Design Review Appeal
❑ Conceptual SPA
❑
Minor Historic Devt.
❑ GMQS Allotment
❑ Final SPA (& SPA Amendment)
❑
Historic Demolition
❑ GMQS Exemption
❑ Subdivision
❑
Historic Designation
❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑ Lot Split
❑ Temporary Use
®
Other:
❑ Lot Line Adjustment
❑ Text/Map Amendment
EXISTING CONDITIONS:
(description of existing buildings, uses, previous approvals, etc.)
S e e. p.W-a,�,jj
PROPOSAL: (description of proposed buildings, uses, modifications, etc.
.C:,� k• tk�,3
Have you attached the following? FEES DUE: S 0% S�
® Pre -Application Conference Summary
® Attachment # 1, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form µ /A,
® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
•
OoLt? Z*-ASI-LA
Agreement to Pay Application Fees
An aqreement between the City of Aspen ("City") and
Property Phone No.:
Owner (' I" ): i -,A L\ �G J $ a QA C� c �e.(t� �+n L.Li'_ Email:
Address of Billing
Property: am w�-� vwa-- Sk-.cI Address:
(subject of (send bills here)
application)
0�1�_3z�� (
7j 0 0 \.J . 1,,- . S 4,A
PM I— t..o $, t G t t
EIVED
JUN 2 7 2013
CITY OFSPEN
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
fiat fees are non-refundable.
flat fee for $ flat fee for
flat fee for $ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy and consequences of non-payment
including late fees of 1.75% per month. 1 agree to pay the following initial deposit amounts for the specified hours
of staff time. I understand that payment of a deposit does not render an application complete or compliant with
approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the
City to reimburse the City for the processing of my application at the hourly rates hereinafter stated.
S \O 5 o deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325 per hour.
S deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at $265 per hour.
City of Aspen: Property Owner:
Z/.,v N,E L
Chris Bendon
Community Development Director
City Use: Title-,
Fees Due: $ Received: $January, 2013
City of +' i i+i
ALAN RICHMAN PLANNING SERVICES, INC.
P.O. BOX 3613
ASPEN, COLORADO 81612
970-920-1125
RECEIVED
June 26, 2013 JUN 2 7 2013
CITY OF ASPEN
Ms. Sara Adams, Senior Planner COMMUNITY DEVELOPMENT
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: AMENDMENT TO ORDINANCE 21, SERIES OF 1988 (300 WEST MAIN ST.)
Dear Sara,
This is an application to amend Ordinance 21, Series of 1988. This ordinance designated
300 West Main Street (and several other properties) as a historic landmark. Section 2 of
said ordinance imposed a condition on 300 West Main Street which required a covenant
be filed with the Clerk and Recorder restricting the occupancy of the residential unit on the
property. The current owner of the property requests that the City Council remove this
condition so that the covenant may be released.
The subject property is legally described as Lots Q, R and S, Block 44, City and Townsite
of Aspen. Its Pitkin County Parcel ID# is 273512441006. A vicinity map showing the
location of the subject property within the City of Aspen is attached to this application.
300 West Main Street is owned by Mittel Europa Properties LLC (hereinafter, "the
applicant"). Proof of the ownership of the subject property is provided in the form of a
Commitment for Title Insurance (see Exhibit #1).
The applicant has designated Alan Richman Planning Services, Inc. and Michael Hoffman
as its representatives for purposes of this application (see the letter attached hereto as
Exhibit #2).
Several pre -application discussions were held between the applicant and staff of the
Community Development Department prior to submission of this application. A copy of the
pre -application summary staff provided to the applicant is attached hereto as Exhibit #3.
According to this document, there is no particular section of the Land Use Code to which
the applicant must respond for this request to be considered by the City. Instead, the
applicant has been asked to submit a letter explaining the request which will be presented
to City Council for consideration of an ordinance.
• 0
Ms. Sara Adams
June 26, 2013
Page Two
The following sections of this application describe the existing conditions at the property
and summarize its prior land use approvals and the restrictive covenant that was recorded
based on these approvals.
Background Information
300 West Main Street is approximately 9,000 sq. ft. in size. It is zoned Mixed Use (MU).
The property is improved with a rustic cabin. According to the City's Architectural
Inventory Form, the cabin was originally constructed in 1944 and was added onto in 1988.
The addition to the cabin was built following Planning and Zoning Commission approval of
a conditional use application that authorized use of the cabin as a restaurant. The addition
created a dwelling unit along the north and west sides of the original cabin. The applicant
has used the dwelling unit as a residence since it purchased the property in 2005. The
cabin, which was previously used as a restaurant in the late 1980's and early 1990's, has
more recently been used to operate Mittel Europa, the applicant's home furnishings
business.
Available records indicate that the existing improvements on the property represent
approximately 3,600 sq. ft. of floor area. This is considerably less floor area than would be
allowed if the property were developed as a mixed use project but is approximately equal
to the floor area allowed if it were used solely as a single family residence.
The property (along with several other properties) was designated as a Historic Landmark
by City Council Ordinance 21, Series of 1988 (the pertinent pages from this lengthy
ordinance are attached as Exhibit #4). This designation was accomplished immediately
after conditional use approval was granted to the restaurant by the Planning and Zoning
Commission. Section 2 of Ordinance 21 placed the following condition on the designation:
'A deed -restriction shall be filed with the Pitkin County Clerk and Recorder's Office by the
owners, or their successors and assigns, restricting the attached residential unit to be an
accessory use to the restaurant, primarily for the use of the restaurant owner/manager or
an employee; however, the owner will have the right to rent out the unit primarily to
permanent employees of the community. The property will not be condominiumized."
As a consequence of this condition, a Declaration of Restrictive Covenants was prepared
by the then -owners of the property. The Declaration was signed by both the owners and
the Mayor of the City of Aspen and was recorded in the Pitkin County Records on
February 7, 1989 as Reception No. 308667 (see Exhibit #5).
Ms. Sara Adams
June 26, 2013
Page Three
Request for Release of Restrictive Covenant
The condition in Section 2 of Ordinance 21, Series of 1988, and the resulting restrictive
covenant create some uncertainty for any potential future owner and occupant of the
subject property. A review of the City's files surrounding this land use case reveals that
the condition resulted from the fact that the then -owners of the property wished to convert
the small cabin into a restaurant and to build a residential addition onto the cabin. At the
time (1988) the property was zoned Office (0), the zone district that preceded the Mixed
Use zone that now applies to the property.
The Office zone that was in effect in 1988 was considerably less permissive in terms of
allowed uses than is today's Mixed Use zone. The Office zone listed only a limited
number of commercial uses that were allowed in the zone district. All of those commercial
uses were listed as conditional (not by right) uses and could occur only in structures that
had received historic landmark designation. Included among that list was "restaurant".
The then -owners of the property applied to have 300 West Main Street designated as an
historic landmark so that the restaurant could be approved as a conditional use. The cabin
was only 44 years old in 1988, and the City at that time typically only designated structures
as landmarks when they were at least 50 years old. Nonetheless, following a favorable
recommendation from the HPC, the City Council designated the structure as a landmark.
Attached to and incorporated within the Ordinance is a summary of the findings upon
which the designation and conditional use were granted, including the following finding:
"Both the Housing Authority and P&Z expressed concern over the effect of this project on
affordable housing. Working with the Planning and Zoning Commission, the applicant
agreed to volunteer a restriction on the owner's dwelling unit to make it an accessory use
to the restaurant as an inducement to the City for historic designation. P&Z stated that
with this agreement, the applicant has essentially mitigated employee housing impacts."
It is important to note, however, that the condition and covenant did not place an
affordable housing category restriction on the unit. Instead, the condition and the
covenant caused the residential unit to be an accessory use to the restaurant that can be
occupied first by the restaurant owner or manager and secondarily by another employee of
the restaurant or other employee of the community. This represents what might be
considered a "resident -occupancy" kind of a limitation, not a price and income limitation.
0
0
Ms. Sara Adams
June 26, 2013
Page Four
Among the problems created by the covenant is that it is silent on what would be required
of the residential unit if the restaurant is no longer in operation. This is critical to the
current owner because the restaurant has not operated for approximately the last 20 years
and there are no current plans to use the structure as a restaurant. Instead the property
has been occupied as a residence during this lengthy time period.
For the reasons listed below, the applicant believes that there is no longer a basis for this
condition to be applied to this property or enforced in the form of a covenant.
1. The condition was required as part of a conditional use process and the conditional
use has not operated for many years. The entire rationale for the condition — that there
were affordable housing impacts from the restaurant use that should be mitigated, is no
longer applicable to the way this property is used today.
2. In 2005 the City changed the zoning along Main Street, replacing the Office zone
district with the Mixed Use zone district. The Mixed Use zone district allows a restaurant
to operate in this location by ri ht, not as a conditional use. It also permits concurrent
commercial and residential uses of the property as principal uses. In fact, the zone district
permits a 1:1 floor area ratio for a mixed use project, which is significantly more intense
than the floor area that would be permitted if this property only had a residential use on it.
Furthermore, the City has adopted growth management provisions that do not require any
affordable housing to be provided for the first four employees generated by a commercial
project in a historic landmark. Taken together, these current Code provisions mean that if
the project that was approved in 1988 were to be proposed today, it would not be subject
to a condition such as was imposed in Ordinance 21 and implemented via the restrictive
covenant. There is simply no basis in the Land Use Code for such a restriction to be
imposed today, making it all the more reasonable that this condition be removed.
Based on the above points, the applicant respectfully requests that the Aspen City Council
adopt an ordinance that repeals Section 2 of Ordinance 21, Series of 1988 and that
authorizes the Mayor to sign the attached document which releases the restrictive
covenant (see Exhibit #6).
•
•
Ms. Sara Adams
June 26, 2013
Page Five
Conclusion
The applicant has submitted the requested materials and provided compelling reasons for
the City's release of the restrictive covenant. We look forward to having a City Council
hearing date assigned to this request. Please do not hesitate to contact us if there is
anything else you need to process this request.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES, INC.
Alan Richman, AICP
• 0
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lost/(. Creek Valley Rwrh, Lillie Nell
9 o Asnrmu : Ranch
0 EXHIBIT #1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: May 29, 2013 at 8:00 AM Case No. PCT23777W
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
TO BE DETERMINED
(b) ALTA Loan Policy-(6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
(c) ALTA Loan Policy-(6/17/06) Amount$
Premium$
Proposed Insured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
MITTEL EUROPA PROPERTIES, LLC, a Colorado limited liability company
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOTS Q, R AND S,
BLOCK 44,
CITY AND TOWNSITE OF ASPEN
TOGETHER WITH the Encroachment Agreement recorded August 24, 1988 in Book 571 at Page 653.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
C�- �>
Schedule A -PGA
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent of record.
8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 60, Series of 1976
by City of Aspen recorded December 9, 1976 in Book 321 at Page 51.
9. Terms, conditions, provisions and obligations as set forth in Encroachment Agreement recorded August
24, 1988 in Book 571 at Page 653.
10. Terms, conditions, provisions and obligations as set forth in Declaration of Restrictive Covenants recorded
February 7, 1989 in Book 585 at Page 489.
11. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed recorded September 2, 1999
as Reception No. 435152
12. Terms, conditions, provisions and obligations as set forth in instrument recorded May 14, 2002 as
Reception No. 467410
13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic
Preservation Commission recorded January 25, 2008 as Reception No. 546081 as Resolution No. 18
Series of 2007.
14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic
Preservation Commission recorded January 25, 2008 as Reception No. 546082 as Resolution No. 25
Series of 2007.
15. Encroachments and all matters as disclosed by Survey of Aspen Survey Engineers, Inc. dated October
2005 as Job No. 34156.
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EXHIBIT #2
Ms. Sara Adams, Senior Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: LETTER OF AUTHORIZATION FOR LAND USE APPLICATION FOR 300 WEST
MAIN STREET
Dear Ms. Adams,
Mittel Eurpoa Properties LLC is the owner of the property located at 300 West Main
Street. I am one of the managers of the LLC. I hereby authorize Alan Richman Planning
Services, Inc. and Michael Hoffman to submit a land use application to eliminate Section
2 of Ordinance 21, Series of 1988, which applied a condition to the occupancy of our
property. Mr. Richman and Mr. Hoffman are authorized to submit this application on our
behalf and to represent us in meetings with City of Aspen staff and the City Council.
Should you have any need to contact us during the course of your review of this
application please do so through Alan Richman Planning Services or you may contact us
directly at the address or phone number listed below
Sincerely,
Linda Connell, Manager
Mittel Europa Properties LLC
300 West Main Street
Aspen, CO 81611
970-920-3200
EXHIBIT #3
CITYIF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams, 970.429.2778 DATE: 6.18.13
PROJECT: 300 W. Main Street
REPRESENTATIVE: Alan Richman, arichman(a-)-sopris.net, 920-1125
DESCRIPTION: 300 West Main Street was designated a local landmark in 1988 through the
adoption of City Council Ordinance #21, Series of 1988. The designation is condition upon a deed
restriction being filed with the Pitkin County Clerk and Recorder that restricts the residential unit to be
used by an employee of the restaurant (the restaurant has been closed for 20+ years) or to a
permanent employee of the community for 50 years. The restrictive covenant was recorded in 1989,
reception # 308667, Book 585, Page 489.
The applicant requests an amendment to Ordinance #21 of 1988 to remove the condition and to
release the covenant.
Relevant Land Use Code Section(s):
26.304 Common Development Review Procedures
Review by: Staff for completeness and recommendation, City Council
Public Hearing: Yes.
Referral Agencies: None.
Planning Fees: $1,950 for 6 billable hours (additional or less billable hours are at $325 per
hour)
Total Deposit: $1,950.
Total Number of Application Copies: 12 copies.
To apply, please submit 1 copy of:
• Signed fee agreement with payment.
• Applicant's name, address and telephone number in a letter signed by the applicant which
states the name, address and telephone number of the representative authorized to act on
behalf of the applicant.
• Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
• List of adjacent property owners within 300' for public hearing
• Prior approvals.
And 12 copies of:
• Letter explaining the request.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
EXHIBIT #4
ORDINANCE NO.
(Series of 1988)
AN ORDINANCE DESIGNATING 334 W. HALLAM STREET, 300 W. MAIN
STREET, AND 134 W. HOPKINS STREET AS H, HISTORIC LANDMARKS
PURSUANT TO CHAPTER 24, ARTICLE 7, DIVISION 7 OF THE MUNICIPAL
CODE
WHEREAS, owners of the real properties described as 334 W.
Hallam, Lots K, L, and M, Block 42; 300 W. Main, Lots Q, R, and
S, Block 44; and 134 W. Hopkins, Lots K and L, Block 59, all
within the City and Township of Aspen, Colorado have filed
private applications for H, Historic Landmark designation
pursuant to Section 7-704 of the Land Use Code of the City of
Aspen, Colorado; and
WHEREAS, each of the three properties were listed in the
1980 Inventory of Historic Sites and Structures, as amended in
1986, and two of the properties received historic evaluation
ratings from the Aspen Historic Preservation Committee
(hereinafter "HPC) as follows:
334 W. Hallam - 115" rating
300 W. Main - Not evaluated
134 W. Hopkins - 112" rating for existing house and "1"
rating for house to be moved from 120 N.
Spring St.
;and
WHEREAS, owners of the real properties did voluntarily make
the following commitments as inducements to the City to accept
historic designation:
334 W. Hallam Conditions:
1. No changes will be made to the south, east and
west elevation windows of the original house with
the exception of the lower level east elevation
window as amended and approved by HPC at final
development review.
2. The carriage house will not be demolished but
rehabilitated utilizing as much of the historic
fabric as possible.
3. Proper maintenance and preservation of the
original facade and architectural details shall be
accomplished.
1
300 W. Main Condition:
The attached residential unit shall be an accessory use
to the restaurant, primarily for use of the restaurant
owner/manager or an employee, and will not be
condominiumized; however, the owner will have the right
to rent out the unit primarily to permanent employees
of the community.
134 W. Hopkins Condition:
The asphalt siding on 134 W. Hopkins will be removed
and the original siding restored and replaced as
necessary within one (1) year after historic
designation.
and
WHEREAS, HPC recommended historic designation of 334 W.
Hallam on March 8, 1988, 300 W. Main on February 9, 1988, and 134
W. Hopkins on January 12, 1988 subject to the conditions
volunteered by the owners, with the exception of the condition on
300 W. Main; and
WHEREAS, the Aspen Planning and zoning Commission
recommended historic designation at duly noticed public hearings
for 334 W. Hallam on May 3, 1988, 300 W. Main on April 26, 1988
and 134 W. Hopkins on May 3, 1988 subject to the conditions
volunteered by the owners; and
WHEREAS, City Council wishes to pursue those recommendations
and complete the designation process.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the structure at 334 W. Hallam, Lots K, L, and M, Block 42,
Townsite and City of Aspen, be granted H, Historic Landmark
designation upon the conditions that:
1. No changes will be made to the south, east and west
elevation windows of the original house with the
exception of the lower level east elevation window as
amended and approved by HPC.
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2. The carriage house will not be demolished but
rehabilitated utilizing as much of the historic fabric
as possible.
3. Proper maintenance and preservation of the original
facade and architectural details shall be accomplished.
Section 2
That the structure at 300 W. Main, Lots Q, R, and S, Block 44,
City and Townsite of Aspen, be granted H, Historic Landmark
designation upon the condition that:
A deed -restriction shall be filed with the Pitkin County
clerk and Recorder's Office by the owners, or their
successors and assigns, restricting the attached residential
unit to be an accessory use to the restaurant, primarily for
use of the restaurant owner/manager or an employee; however,
the owner will have the right to rent out the unit primarily
to permanent employees of the community. The property will
not be condominiumized.
Section 3
That the structures at 134 W. Hopkins, Lots K and L, Block 59,
City and Townsite of Aspen, be granted H, Historic Landmark
designation upon the condition that:
The asphalt siding on 134 W. Hopkins will be removed and the
original siding restored and replaced as necessary within
one (1) year after historic designation.
Section 4
That the Zoning District Map be amended to reflect the rezonings
described in Sections 1, 2 and 3 and the Planning Director shall
be authorized and directed to amend said map to reflect said
rezonings.
Section 5
That the Planning Director shall be directed to notify the City
Clerk of such designations, who shall record among real estate
records of the Pitkin County Clerk and Recorder's Office a
certified copy of this Ordinance.
Section 6
That if any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
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unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 7 q,,_
That a public hearing on the Ordinance shall be held on the �
day of 1988, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law
by the City Council of the City of Aspen on the day of
1988.
William L. Stirling, Mayor
ATTEST:
� c,
Kathryn Koch, City Clerk
FINALLY adopted, passed and approved this day of
- 1988.
ATTEST:
Kathryn S Koch, City Clerk
sb.designation
4
William L. Stirling, Mayor
0
TO:
THRU:
FROM:
RE:
DATE:
V I 1 (�
M 1DIz.1
Aspen City Council
Robert S. Anderson, Jr., City Manager
Roxanne Eflin, Planning Office iR�`
Historic Designation and Auxiliary Reviews for 334 W.
Hallam St., 300 W. Main St., and 134 W. Hopkins St.
June 13, 1988
SUMMARY: The Planning Office recommends approval of Ordinance Z
(Series of 1988) on Second Reading. Additionally, there is one
consolidated development application, the condominiumization of
134 West Hopkins, which we recommend the Council approve.
INTRODUCTION: During the last several months three historic
designation projects have been reviewed by HPC and P&Z, resulting
in recommendations for historic landmark designation. A single
ordinance has been prepared that would accomplish designation of
all three properties. Case reviews for each application are
presented below.
On May 9, 1988, Council passed this Ordinance on First Reading.
STANDARDS FOR HISTORIC DESIGNATION: Section 7-702 of the
Municipal Code, as amended by Ordinance 5 (Series of 1988),
states the following standards for designation of historic
landmarks. A structure must meet one or more of these standards
to be eligible for designation. Staff's comments in response to
each standard are in the case review section of this memorandum.
Standard 1: The structure or site is a principal or
secondary structure or site commonly identified or associated
with a person or an event of historic significance to the
cultural, social or political history of Aspen, the State of
Colorado, or the United States.
Standard 2: The structure or site reflects an architectural
style that is unique, distinct, or traditional Aspen character.
Standard 3: The structure or site embodies the
distinguishing characteristics of a significant or unique
architectural type or specimen.
Standard 4: The structure is a significant work of an
architect whose individual work has influenced the character of
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Aspen.
Standard 5: The structure or site is a significant component
of an historically significant neighborhood and the preservation
of the structure or site is important for the maintenance of that
neighborhood.
Standard 6: The structure or site is critical to the
preservation of the character of the Aspen community because of '
its relationship in terms of size, location and architectural
similarity to other structures or site of historical or
architectural importance.
CASE REVIEWS:
334 West Hallam
Location: Lots K, L, and M of Block 42, Townsite and City of
Aspen, Colorado.
Zoning: R-6
Applicant's Request: The applicant is requesting historic
landmark designation of 334 W. Hallam St. The owner intends to
make alterations to the original house including removal of the
newer two story addition, which would be replaced with a new
addition and greenhouse. The owner also intends to partially
demolish and reconstruct the carriage house, integrating historic
fabric into the new where possible. The applicant has also
developed plans for restoration of the original historic main
house.
Advisory Committee Actions: P&Z: The Planning and Zoning
Commission recommended historic landmark designation of the
subject property on May 3, 1988. The conditions to their
recommendation, volunteered by the applicant as an inducement for
designation, are:
1. No changes will be made to the south, east and west elevation
windows of the original house with the exception of the lower
level east elevation window as amended by HPC.
2. The carriage house will not be demolished but rehabilitated
utilizing as much of the historic fabric as possible.
3. Proper maintenance and preservation of the original facade
and architectural details shall be accomplished.
HPC: On March 8, 1988 the Historic Preservation Committee
recommended historic landmark designation of the structure at 334
W. Hallam St. subject to the same condition as stated above in
P&Z's motion. HPC approved conceptual development review on that
2
date subject to several conditions.
On April 12, at the request of the applicant, HPC again reviewed
and approved portions of the project, specifically the
greenhouse/"sunspace" addition, which required a minor change to
the east elevation, lower level original window, reconstructing
the opening into a door to permit access into the sunspace. In
HPC and staffs opinion, this minor change does not negate the
historical integrity of the structure and the recommendation for
historic landmark designation stands.
Historic Evaluation Rating: 115"
Note: This property has been deemed eligible for listing on
the National Register of Historic Places.
Response to Standards:
1. The home and carriage house are associated with Eugene Wilder
of the Aspen Lumber Company (one of Aspen's oldest
establishments).
2. This home was constructed c. 1885. The front elevation of
this two story home is notable for its unique two story polygonal
bay with segmental arched windows defined at the top by small
panes of stained glass. The quality detailing throughout the
front facade and its highly visible corner location make this
entire property exemplary of "Victorian" residential
architecture. This home is featured on the cover of the Aspen
Area Comprehensive Plan: Historic Preservation Element. The
carriage house and simple fenestration of the east and west
facades of the main house blend together well. Carriage houses
are commonly found throughout the West End, most being original
and renovated in such a way as to maintain their integrity yet be
utilized for modern living.
3. The Wilder House embodies the characteristics of the gabled
"L" _with Victorian detailing elements, identified in the
Guidelines as a historical architectural style in Aspen.
4. The Wilder House was constructed from local lumber and may
have been built by The Aspen Lumber Company, established c. 1880-
1885, according to Barbara Norgren, preservation consultant who
prepared the National Register nomination for this property. The
house displays a high degree of craftsmanship which was available
in Aspen at the time of its construction. Through careful
restoration of the original elements, this house retains a great
deal of its original integrity.
5. The special architectural features of this home and carriage
house represent the historic character of this neighborhood and
Aspen at the turn -of -the -century. Its high rating (11511) expresses
0 •
the important relationship this structure has to the
neighborhood.
6. The Wilder House is situated near the very center of the
historic "West End" neighborhood on a prominent corner. Its size,
location, and architectural features present an excellent
example of Aspen's history. It has special prominence because it
is viewed by summer visitors enroute along 3rd Street to the
Music Tent.
Historic Designation Grant: Because 334 W. Hallam received an
evaluation rating of 11511, it is eligible for a grant from the
City of $2,000. The applicant has requested this grant. We have
included this grant within the ordinance.
300 West Main
Location: Lots Q,R, and S of Block 44, City and Townsite of
Aspen, Colorado.
Zoning: O - Office zone district.
Applicant's Request: Scott and Caroline McDonald request historic
designation of the log house property. The project includes
conversion of the existing 1400 square foot house into a fifty
(50) seat restaurant. A two story addition, approximately 2300
square feet in size, would be attached to the north and west
sides of the existing house for a four bedroom residence, garage
and restaurant kitchen. A one bedroom employee unit was initially
proposed within the addition, but has been deleted as a response
to HPC's concerns about the bulk of the addition.
Advisory Committee Actions: P&Z: The Planning and Zoning
Commission recommended historic designation of 300 W. Main on
April 26, 1988 recognizing that the attached residential unit is
an accessory use to the restaurant, primarily for use of the
restaurant owner/manager or an employee, and will not be
condominiumized; however, the owner will have the right to rent
out the unit primarily to permanent employees of the community.
The applicant volunteered such restriction on the property as an
inducement for historic designation and agreed to prepare a legal
instrument establishing the restriction for review before City
Council.
HPC: HPC recommended historic landmark designation of 300 W. Main
on February 9, 1988. On that date HPC also gave conceptual
development review approval to the addition subject to several
conditions. HPC continued conceptual development review to
ascertain whether the conditions of approval had been met. Design
changes have been made following each hearing to address concerns
raised. After five meetings, HPC has directed staff to prepare a
resolution of conceptual development approval referencing
4
• 0
specific plans for adoption at their May 10, 1988 regular
meeting. It should be noted that HPC is able to grant a requested
encroachment into the rear yard set -back at Final Development
approval through Section 9-103.C.2 of the Municipal Code as
amended.
Housing Authority: In an April 4, 1988 memorandum, Jim Adamski
noted that the new code would require housing for 35% (* Changed
to 60% in ordinance 5) of the employees generated from expansion
or change in use of an historic landmark. The existing code does
not require any employee housing mitigation for changes in use of
historic landmarks. While originally the applicant had proposed
an employee housing unit, this commitment has been dropped and no
employee housing mitigation would be provided. At the April 7,
1986 meeting the Housing Authority recommended that the applicant
mitigate the employee housing impact that the restaurant will
generate in accordance with the intent of the new code.
Historic Evaluation Rating: The log house was not given a rating
by HPC in January, 1987 because the evaluations focused on mining
era structures.
Response to Standards:
1. The applicants researched Assessor's records and concluded
that the original structure on the site was built prior to 1893
and torn down some time between 1930 and 1940. The log house was
built around 1944. There is no documentation that the house or
site has significant historical association.
2. The house is one of the only log structures remaining in
Aspen, along with the cabins at 205 S. Third Street and 527 W.
Main street. While it is newer than these other two cabins, it is
in a more prominent location and setting. Log construction with
chinking, the cross gable roof, and the square windows with small
panes are typical of the Pioneer (1850-1930's) and Rustic (post
1940) styles now rare in Aspen. The 1980 Inventory of Historic
Sites and Structures considered the log house to possess
distinctive characteristics of "type, style of architecture, and
construction" and to be "a noteworthy surviving example of a
style becoming rare in the locale or is identified with a street
scene or other landscape." The fact that it was built so
recently (1944) makes historic landmark status questionable.
However, given the structure's unique status, we feel we can
support the viewpoint that it meets this criteria of
architectural significance. The State Historical Society's
architect, Jay Yanz, reported verbally on April 5, 1988 that he
considered the log house to be a "classic".
The HPC will review the proposed alterations and addition to the
log house at Final Development Review to assure that the historic
character of the property which is deemed worth preserving is
is
maintained.
3. The log house embodies the characteristics of the rustic
residential building type, which is identified in the "Historic
District and Historic Landmark Development Guidelines" as an
historic architectural style in Aspen.
4. It is unlikely that a house of this type was designed by an
architect. The applicant's research indicates that Leo "Pope"
Rowland, an old-time Aspenite and the brother of "Red" Rowland,
was the primary builder of the house. John Parsons, a mason who
did work throughout the Valley, is credited with building the
stone fireplace and chimney. The stonework in particular is
outstanding; and it may be that Mr. Parsons' work influenced
other use of moss rock in and around Aspen. No research has been
done to confirm this.
5. The log house is considered visually contributing to the Main
Street Historic District, according to the 1980 Historic
Inventory. The major spruce trees give a special, rustic
character to the site and contribute to a sense of maturity,
permanence and visual relief from buildings on Main Street.
6. The log house has a special prominence in the community
because of its visibility on Main Street, in staff's opinion.
Employee Housing Issue: Both the Housing Authority and P&Z
expressed concern over the effect of this project on affordable
housing. Working with the Planning and Zoning Commission, the
applicant agreed to volunteer a restriction on the owner's
dwelling unit to make it an accessory use to the restaurant as an
inducement to the City for historic designation. P&Z stated that
with this agreement, the applicant has essentially mitigated
employee housing impacts. The concept of this restriction has
been stated in Section 2 of the attached ordinance based on P&Z's
motion. The deed restriction document has been completed by the
applicants and is attached for Council review. The document
specifically restricts the attached residential unit as an
accessory use to the restaurant, for the use of the restaurant
owner/manager, or an employee. The owner, however, will have the
right to rent out the unit to other permanent employees of the
community. Further, the property can not be condominiumized for
as long as the owners, their heirs, etc. enjoy the conditional
use granted hereinabove. The covenants shall run with the land
and shall be binding for the period of fifty (50) years from the
date of the covenants.
134 West Hopkins
Location: Southeast corner of Hopkins and First, Lots K and L of
Block 59, City and Townsite of Aspen, Colorado.
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T
EXHIBIT #5
Recoided at.... _0 clocker M l
ecox J' S5 mGc 48U R-1cepiicn No cd, �
SILVIA DAVIS PITKIN COUNTY RECORDER
DECLARATION OF RESTRICTIVE COVENANTS
The City of Aspen, Colorado, a municipal corporation, and
Scott and Caroline McDonald, husband and wife, as joint tenants,:.'';,
all as their interests may appear (hereinafter "Covenantors"),
for themselves and their heirs, administrators, successors and
assigns, do covenant and hereby restrict the below -described real
property as follows:
1. Covenantors are the legal and equitable owners of the
following -described real property, and the ixprovements located
thereon:
Colorado; Lots Q,R,S, Block 44 of the Original Township of Aspen,
also known as
300 W. Main Street
Aspen, Colorado 81611
2. The above -described property shall be restricted in the
following manner:
a) The property s'lall be granted "historic landmark"
designation, and the attached residential unit shall be
restricted as an conditional/accessory use to the
restaurant, primarily for the use of the restaurant
owner/manager or an employee; however, the owner will
have the right to rent out the unit primarily to
permanent employees of the community. Further, the
property shall not be condominiumized for long as the 44
owners, their heirs, administrators, assigns, and
successors enjoy the conditional use granted
hereinabove .
3 The covenants contained herein shall run with the land
and shall be binding on
all parties having any right, title or
interest in the above -described property or any
part hereof, and
their administrators, representatives,
successors and assigns,
for the period of fifty (50) years from the date these covenants,
restrictions and conditions are recorded.
4 The covenants contained herein shall not be released or
waived in
any respect or modified or amended during the period
they are binding except.by the City of Aspen,
5
which action shall
be reflected by Resolution of the City Council of the City
r`
Aspen. of
5. In any legal proceeding to enforce the provisions of
these covenants, restrictions and conditions, the
prevailing
jarty shall be entitled to recover its costs and fees therein,
.ncluding its reasonable attorneys fees and expert witness fees.
}�fr)P,
2oox 585 ,-,.G�1- 49Q
IN WITNESS WHEREOF, the pa ies hereto have set their hands
and :seals this /D�day of , 1988.
COVENANTOR:
THE CITY OF ASPEN, COLORADO
William L. Stirlinar_ Mavnr
ATTEST:
Kathryn . Koch, City Clerk
70VED AS TO FORM: _
aul J. dune
ity Attorngy
COVENANTOR:
STATE OF COLORADO
ss.
County of Pitkin )
Subscribed and sworn to before nke this day of
1988, by Scott and Caroline McDonald,
WITNESS MY HAND AND OFFICIAL SEAL. ,..•.,
My commission expires: i
jota--ryPublic ;'�••., I
/ ' F GF.0
Address
•
•
EXHIBIT #6
TERMINATION OF COVENANTS
This Termination of Covenants (this "Termination") is made effective this day of
, 2013, by the City of Aspen, Colorado ("City"), a Colorado home rule
municipality, and Mittel Europa Properties LLC ("Owner"), a Colorado limited liability
company, as owner of the real property identified in Exhibit A, attached hereto, (referred to
herein as the "Property") for the termination of that certain Declaration of Restrictive Covenants
recorded in the real property records of Pitkin County on February 7, 1989, in Book 585 at Page
489 as Reception No. 308667 (the "Covenants").
RECITALS:
A. In 1988 Scott and Caroline McDonald (the "McDonalds") were the owners of the
Property. They sought approval from the City for, among other things: (a) historic
designation of the cabin located on the Property (the "Cabin"), (b) the right to build an
addition to the Cabin (the "Addition") and (c) the right to use the Cabin as a restaurant
and the Addition as a residence. They planned to use the Addition primarily as housing
for the owner, manager or an employee of the restaurant.
B. Restaurant use was permitted as a conditional use within the zone district in which the
Property was located.
C. The City granted each of the requests of the McDonalds described in Recital A, above.
In Ordinance No. 21 (Series of 1988), the Aspen City Council conditioned its approval as
follows:
A deed -restriction shall be filed with the Pitkin County Clerk and Recorder's
Office by the owners, or their successors and assigns, restricting the attached
residential unit to be an accessory use to the restaurant, primarily for use of
the restaurant owner/manager or an employee; however, the owner will have
the right to rent out the unit primarily to permanent employees of the
community. The property will not be condominiumized.
D. This condition was memorialized in the Covenants.
E. Although the Property was initially used for the purposes described in the McDonalds'
1988 application to the City, the Cabin has not been used as a restaurant for
approximately 20 years. There are no current plans to restore restaurant use to the
Property.
F. Zoning for the Property was changed in 2005. Concurrent residential and restaurant use
is permitted by right within the Mixed Use (MU) zone district, which includes the
Property.
Termination of Covenants
Page 1
Ll
G. Concurrent use of the Property for commercial and residential purposes is consistent with
the aims of the Mixed Use (MU) zone district and the City's planning for the area which
includes the Property.
H. Pursuant to Ordinance No. _ (Series of 2013), on , 2013 (referred
to herein as the "Effective Date"), the Aspen City Council granted Owner's request that
the Covenants be terminated.
THEREFOR, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and
sufficiency of which is hereby acknowledged and confessed, the parties agree that the Covenants
should be, and by the execution of this agreement by both the City and Owner, are hereby
terminated effective upon the Effective Date.
[ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ]
Termination of Covenants
Page 2
•
•
IN WITNESS WHEREOF, the City and Owner have signed this Termination of
Covenants as of the Effective Date.
CITY OF ASPEN
a Colorado home rule municipality
C
Stephen J. Skadron
Mayor
ATTEST:
Kathryn S. Koch
City Clerk
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2013, by Stephen J. Skadron as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen,
a Colorado home rule municipality.
WITNESS my hand and official seal.
My commission expires:
Public
Termination of Covenants
Page 3
Notary
MITTEL EUROPA PROPERTIES, LLC
a Colorado limited liability company
IC
Name:
Manager
STATE OF
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of ,
2013, by as Manager of Mittel Europa Properties, LLC, a Colorado
limited liability company.
WITNESS my hand and official seal.
My commission expires:
Termination of Covenants
Page 4