HomeMy WebLinkAboutcoa.lu.Benedict Building.A8-93CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 02/16/93 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-181-32-020 A8-93
STAFF MEMBER: KJ
PROJECT NAME: Benedict Building SPA Designation/Development Plan
and GMQS Exemption
Project Address: 1280 Ute Ave.
Legal Address: Lot 16, Callahan Subdivision
APPLICANT: Fritz & Fabienne Benedict
Applicant Address:
REPRESENTATIVE: Sunny Vann, Vann Associates
Representative Address/Phone: 230 E. Hopkins
Aspen, CO 81611 925-6958
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FEES: PLANNING $2041.00 # APPS RECEIVED 5
ENGINEER $ 93.00 # PLATS RECEIVED 5
HOUSING $
ENV. HEALTH $
TOTAL $2134.00
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP: X
P&Z Meeting Date "/ (a PUBLIC HEARING: Y� NO
VESTED RIGHTS: S NO
CC Meeting Date T 2� PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
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REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
_ Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: '' INITIALS: Sty DUE : ?' 2
FINAL ROUTING: DATE ROUTED: ' (�' `t''' INITIAL:
City Atty City Engineer Zoning
Housing Open Space Other:
FILE STATUS AND LOCATION:
Env. Health
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RESIDENT OCCUPANCY DEED RESTRICTION
UNIT 25, POWDER HOUSE CONDOMINIUMS
THIS AGREEMENT, made and entered into this day of
.',5�, 1993, by and between FREDRIC A. BENEDICT, FABIENNE
BENEDICT, and BENEDICT LAND AND CATTLE COMPANY, a Colorado
corporation (collectively "Owner"), and THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY, a multi -jurisdictional housing authority
established pursuant to that certain Amended and Restated
Intergovernmental Agreement recorded in Book 605 at page 751 of the
real property records of Pitkin County, Colorado (the "APCHA"),
W I T N E S S E T H:
WHEREAS, Owner is the record owner of a one -bedroom
residential unit which contains approximately 690 square feet of
net livable area and which is shown and designated as Unit 25 on
the Condominium Map of Powder House Condominiums recorded in Plat
Book - =°4 at page ' � of the Pitkin County records (the "Unit") ;
and
WHEREAS, pursuant to Aspen City Council Ordinance No. 13,
Series of 1992, recorded in Book,',,: . at page of the Pitkin
County records, Owner is required to deed restrict the Unit
pursuant to the APCHA's guidelines for Resident Occupied Units.
NOW, THEREFORE, for and in consideration of the adoption of
Ordinance No. 13, Series of 1992, by the Aspen City Council, and
for other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, Owner covenants and
agrees as follows:
1. The Unit is hereby designated as a "Resident Occupied
Unit", as defined by the APCHA.
2. The occupant of the Unit must be a resident of Pitkin
County and/or employed in Pitkin County for a minimum of thirty
(30) hours per week at least nine (9) months of the year.
3. Prior to the initial occupancy of the Unit, and again
prior to each change of occupancy of the Unit, written verification
of the Pitkin County residency and/or employment of the proposed
;'occupant shall be filed by the Unit Owner with the APCHA, and such
verification must be acceptable to the APCHA.
4. Subject always to the foregoing occupancy requirements,
the Unit may be freely rented or sold, without restriction as to
rent or sales price. Provided, that if the Unit is rented, the
minimum lease period shall be six (6) months, with no more than two
(2) shorter tenancies per calendar year.
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5. Owner and APCHA mutually acknowledge that Owner has the
right at any time to terminate this Deed Restriction by paying the
"Affordable Housing Impact Fee" then in effect under the Aspen Land
Use Regulations. If at the time Owner elects to terminate this Deed
Restriction the Aspen Land Use Regulations do not contain an
"Affordable Housing Impact Fee", Owner shall have the right to
accomplish the termination by paying the "Affordable Housing Impact
Fee" that was last in effect under such Regulations. APCHA agrees
to cooperate with Owner if Owner elects to terminate the Deed
Restriction, and to execute whatever documents may be appropriate
to accomplish such termination as a matter of public record.
6. Should this Deed Restriction ever be terminated as above
provided, the Unit shall revert back to free-market status, and the
provisions set forth in Paragraphs 1 (a) and 1(b) of the Subdivision
Exemption Agreement recorded in Book j: at page, of the
Pitkin County records shall automatically go into effect upon and
apply to the Unit.
IN WITNESS WHEREOF, the parties have executed this Deed
Restriction as of the day and year first above written.
Owner:
Fredric A. Benedict
Fabienne Benedict
Benedict Land and Cattle Company,
a Colorado corporation
By:
.Fredric A. Benedict, President
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The Poregoing instrument was acknowledged before
day ofj , 1993 by Fredric A. Benedict
Benedict, individually, and by Fredric A. Benedict as
9132.1 —2 —
me this ,
and Fabienne
President of
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Benedict Land and Cattle Company, a Colorado corporation.
;1 t Witness my hand and official seal.
commission expires:'
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ACCEPTANCE BY APCHA
The foregoing Deed Restriction and its terms are hereb
accepted by the Aspen/Pitkin County Housing Authority this 10
day of P.cPw� ��'^� , 1993.
Aspen/Pitk' ounty H sing hority
By: -
aU Chairman
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing instrument was ackno ledged before me this
�lu`
day of �,,`�pe,., 1993 by 6- �� � �, UK as
Chairman of the Aspen/Pitkin County Housing Auth rity.
Witness my hand and official seal.
My commission expires:
Notary Pub'c
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9132.1 —3 —
:i- 3645-.a•3
SUBDIVISION EXEMPTION AGREEMENT
FOR
POWDER HOUSE CONDOMINIUMS
THIS AGREEMENT, made and entered into this glut. day of
1993, by and between FREDRIC A. BENEDICT, FABIENNE
BENEDICT, and BENEDICT LAND AND CATTLE COMPANY, a Colorado
corporation (collectively "Owner"), and the CITY OF ASPEN,
COLORADO, a Colorado municipal corporation ("City"),
WI TNES S E T H:
WHEREAS, Owner is the record owner of Lot 16, Callahan
Subdivision, according to the Plat thereof recorded May 19, 1976 in
Plat Book 5 at page 7 as Reception No. 183889, City of Aspen,
Pitkin County, Colorado, together with the existing Benedict Office
Building thereon (the "Property"); and
WHEREAS, pursuant to City Council Ordinance No. 13, Series of
1992, as recorded in Book 716 at page 610 of the Pitkin County real
property records, the City has granted subdivision exemption
approval for the condominiumization of the Property, to be known as
Powder House Condominiums; and
WHEREAS, as a condition to such approval, Owner has agreed to
enter into certain covenants and agreements with the City.
NOW, THEREFORE, for and in consideration of the granting of
condominiumization approval by the City and for other good and
valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, Owner hereby covenants with the City to
restrict the Property, and does hereby restrict the Property, as
follows:
1. Residential Unit. The Powder House Condominiums contain
an existing one -bedroom residential unit, which is shown and
designated as Unit 25 on the Condominium Map of.the Powder House
Condominiums recorded in Plat Book at page of the Pitkin
County records (the "Residential Unit"). By Resident Occupancy
Deed Restriction recorded in Book at page of the Pitkin
County records, Owner has deed restricted the Residential Unit
pursuant to the Aspen/Pitkin County Housing Authority's guidelines
for Resident Occupied Units. Owner hereby agrees that in the event
the Residential Unit is ever converted back to free-market status
by the termination of the Deed Restriction, the following
provisions shall automatically go into effect upon and apply to the
Residential Unit, to wit:
(a) If and when the Residential Unit is rented, the
minimum lease period shall be six (6) months, with no
more than two ( 2 ) shorter tenancies per calendar year, as
.x.
provided in Section 7-1007 (A) (1) (b) of the City of Aspen
Land Use Regulations; and
(b) If and when the Residential Unit is to be offered
for sale, the existing tenant (if any) shall be given
written notice thereof, including the proposed sale
price. Said existing tenant shall have a 90-day
nonassignable option to purchase the Residential Unit at
this preliminary market value. In addition, said
existing tenant shall have a 90-day exclusive
nonassignable right of first refusal to purchase the
Residential Unit, which shall commence when a bona fide
purchase offer is made by a third person and accepted by
Owner. If such offer is made while the initial 90-day
option period is still in effect, the tenant may purchase
the Residential Unit for the amount of the initial sale
price or the amount of the bona fide offer, whichever is
less.
2. Dedication of Fisherman's Easement. Owner hereby S
dedicates to the use of the general public, for fishing purposes
only and not as a public trail, a perpetual, non-exclusive easement
and right-of-way along that portion of the Property lying between
the centerline of the Roaring Fork River and a line which is 5 feet
(measured horizontally) above the high water line of the Roaring
Fork River. Owner reserves to itself and its successors and
assigns forever the right to use and enjoy the easement area for
all purposes which do not interfere with the public fishing rights
dedicated hereby, and shall have no responsibility or liability in
connection with the use of the easement by the fishing public.
3. Amendment. The provisions of this Agreement may be
changed, modified or amended only by the recording of a written
instrument signed by an authorized officer of The Powder House
Condominium Association, Inc. and by the Mayor of the City of Aspen
pursuant to a vote taken by the City Council.
4. Binding Effect. This Agreement shall run with the title
to the Property and shall be binding upon all parties having any
right, title or interest in the Property or any part thereof, and
their heirs, representatives, successors and assigns, for the
period of the life of the longest -lived member of the presently -
constituted Aspen City Council plus twenty-one (21) years, or for
a period of fifty ( 50 ) years from the date this Agreement is
recorded, whichever is less.
5. Release or Waiver. None of the covenants contained
herein shall be released or waived in any respect during the period
they are binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of Aspen.
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6. Attorney's Fees. In any legal proceeding to enforce the
provisions of this Agreement, restrictions and conditions, the
prevailing party shall be entitled to recover its costs and fees
therein, including its reasonable attorney fees and expert witness
fees.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
Owner
city:
ATTEST:
City Cie
ti
ell
Fredric A. Benedict
Fabienne Benedict
Benedict Land and Cattle Company,
a Colorado corporation
By:
Fredric A. Benedict, President
The City of Aspen, Colorado
By:
Mayor
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STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of [�G Lc�>,(� ��l�c� 1993 by Fredric A. Benedict and
Fabienne Benedict, individually, and by Fredric A. Benedict as
President of Benedict Land and Cattle Company, a Colorado
corporation.
x5 %'Wil-ness my hand and official seal.
;My, �C'cym nission expiresID
9
Notall Public
\7
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The fore oing instrument was acknowledged before me this
day of , 1993 by SOH-r,) S t� �►J I� � as Mayor and S - VGoc L(7 - as City Clerk of The
City of Aspen, Colorado, a Colorado municipal corporation.
z_
Witness my hand and official seal.
My , commission expires : 4,� 4 % Aj�' .
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ota Public
9109.1 -4-
366301 i 1 !24/94 16; 0 kec
Silvia Davis5 Pitkin !Cnty Derk5
$36. 00 BK 740 PG 150
DOC $crio
SPECIALLY PLANNED AREA DEVELOPMENT AGREEMENT
LOT 16, CALLAHAN SUBDIVISION
(BENEDICT OFFICE BUILDING TO BE KNOWN AS
POWDER HOUSE CONDOMINIUMS)
-A
THIS AGREEMENT, made and entered into this —
day of
January, 1994, by and between FREDRIC A. BENEDICT, FABIENNE
BENEDICT, and BENEDICT LAND AND CATTLE COMPANY, a Colorado
corporation (collectively "Benedict"), and THE CITY OF ASPEN,
COLORADO, a municipal corporation and home rule city (the "City"),
W I T N E S S E T H:
WHEREAS, Benedict was the record owner of�1ot 16, Callahan
Subdivision, according to the Plat thereof recorded May 19 ,-3 7 6 in
Plat Book 5 at Page 7 in the office of the Clerk and Recorder of
Pitkin County, Colorado, together with the improvements thereon
known as the Benedict Office Building (collectively the "Subject
Property"); and
WHEREAS, the Benedict Office Building was legally constructed
in 1974 pursuant to a valid building permit, and was subsequently
rezoned to RR (Rural Residential) PUD, thus becoming a
grandfathered non -conforming use; and
WHEREAS, the Benedict Office Building has historically been
used for business and professional offices; and
WHEREAS, for purposes of removing such non -conformity,
Benedict applied to the City to designate the Subject Property as
a Specially Planned Area and to vary the uses permitted in the RR
Zone District to allow business and professional offices as a use
by right on the Subject Property; and
WHEREAS, under and pursuant to Aspen City Council Ordinance
No. 25, recorded in Book 716 at Page 615 of the Pitkin County
records, the City designated the Subject Property as a Specially
Planned Area, granted Final SPA Development Plan approval for the
Subject Property, and granted a variation to the uses permitted in
the RR Zone District to allow business and professional offices on
the Subject Property, subject to the conditions set forth in the
Ordinance; and
WHEREAS, under and pursuant to Aspen City Council Resolution
No. 89, Series of 1993, the City granted an extension of the
recordation requirements contained in Section 7-804.D.4. of Chapter
24 of the Municipal Code of the City of Aspen to and until
January 31, 1999; and
#3663014 01/228/94 16.,03 Rec $30.00 BK 740 PS 151
Silvia Davis, Pitkin Crity Clerk,, Dor, $.00
WHEREAS, under and pursuant to Aspen City Council Ordinance
No. 13, recorded in Book 716 at Page 610 of the Pitkin County
records, the City granted subdivision exemption approval for the
condominiumization of the Benedict Office Building, to be known as
Powder House Condominiums, subject to the conditions set forth in
the Ordinance; and
WHEREAS, Benedict and City desire to memorialize the
conditions to SPA approval by entering into the following SPA
Development Agreement; and
WHEREAS, Benedict acknowledges and agrees that the following
matters are necessary to protect, promote and enhance the public
health, safety and welfare.
NOW, THEREFORE, for and in consideration of the granting of an
SPA designation and Final SPA Development Plan Approval by the City
and for other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, Benedict hereby
covenants with the City as follows with respect to the Subject
Property:
1. Future Improvement District. Benedict agrees to join any
future improvement districts which may be formed for purposes of
constructing improvements in the public right-of-way that serves
the Subject Property.
2. Zoning Classification. The City confirms that the
Subject Property is zoned RR (PUD) (SPA), Rural Residential,
Planned Unit Development, Specially Planned Area.
3. Applicable Zoning Regulations. The applicable
regulations that govern the permitted and conditional uses,
dimensional requirements, and off-street parking requirements with
respect to the Subject Property, are those of the RR, Rural
Residential zone district, as such regulations may be amended from
time to time. Under and pursuant to Aspen City Council Ordinance
No. 93-25, business and professional offices are permitted uses
within the Benedict office Building.
4. Open Space Designation. Benedict hereby designates as
open space those portions of the Subject Property which are not
presently occupied by the Benedict office Building, any other
improvements, or parking areas, all as more particularly shown on
the Final SPA Development Plan recorded in Plat Book at Page
of the Pitkin County records. Provided, that the area
designated "Area Reserved for Affordable Housing" on the Final SPA
Development Plan (as said Plan may be amended from time to time)
may in the future be developed and used for affordable housing
purposes, if all applicable City land use approvals are obtained
2