The URL can be used to link to this page

Home My WebLink AboutLand Use Case.CU.627 W Smuggler St.A55-97O hti •2735-131-08-012 A55-97 `'aCtr Condominiumization 200-216 Cooper Ave. CI O Aspen/Pitldn Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MRO 11 Use Tax 10000-67100-383 Park Dedication 15000-63050-480 All Commercial 15000-63065-482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit 63820-037 "Zoning -63825-038 Board of Adjustment _ Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 62023-63340-190 Housing _ 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 Wildlife Officer Sales: 00113-63830-039 County Code -69000-145 Copy Fees -- ---- ---— Other .— Name: 7:/-,Y Address: _ Phone: AO Total ?�Jr `J Date: / -$Check: Projec : Case No: No. of Copies / 1 0 0 PARCEL ID: 2735-131-08 012 DATE RCVD: 07/25/97 # COPIES:f- CASE NO A055 97 CASE NAME: ITowne Place, LL.0 Condominiumizmmn PLNR: Chris Bendon PROJ ADDR: 200 216 Coopor Avc. CASE TYP: Condominiumvation STEPS: - OWN/APP: Town Place, LLC ADR' P.O. Box 7722 C/S/Z: Aspen, CO 81611 PHN: REP: Garfield & Hecht ADR: C/S/Z:l- 5 1 PHN-.92936 FEES DUEl 245 + 116 = 355 FEES RCVD: 245 1 110 355 STAT: REFERRALS I Engineering REF: F7/28/97 BY Chris Bendon DUE: MTG DATE REV BODY PH NOTICED 08/1 1 /97 IStaff No N/A F- F- DATE OF FINAL ACTION:I(08/1 11 /97 REMARKS CITY COUNCIL_:I PZ: BOA: CLOSED: 01,30 98 BY: Rhonda Harris DRAC: omt PLAT SUBMITD: 08/10/97 PLAT (BK,PG): ADMIN:IMemo :7 u 0 MEMORANDUM TO: Stan Clauson, Community Development Director THRU: Julie Ann Woods, Deputy Dir or • FROM: Christopher Bendon, Planner RE: Towne Place Condominiumization Plat DATE: August 11, 1997 Michael Herron, representing Towne Place L.L.C., has applied for a subdivision exemption for the Condominiumization of Towne Place of Aspen at 204 East Durant Avenue. Currently the project is owned by a limited liability partnership. I have referred this application to the Development Review Committee and the applicant has responded to the suggested modifications to the draft plat. There are no other proposed improvements to the site, it is a permitted use in the L/TR zone district, and there are no other land use issues involved or approvals required. The Community Development Director may approve subdivision exemptions pursuant to Section 26.88.070. I am recommending approval of this condominiumization with no conditions. PPR��Ec A Approved: 1 u�MW� Stan son, Director RONALD GARFIELD* ANDREW V. HECHT** MICHAEL J. HERRON*** DAVID L. LENYO MATTHEW C. FERGUSON* KRISTI S. FERRARO**** *also admitted to New York Bar •• also admitted to District of Columbia Bar •'* also admitted to Florida Bar .r*.alsa admitted to Pcn ,,, lcauia liai HAND DELIVERED A'I'TORNEYS AT LAW TELEPHONE VICTORIAN SQUARE BUILDING (970) 925-1936 601 EASTHYMAN AVENUE TELECOPIER (970)925-3008 ASPEN, C'OLORADO 8 1611 E-mail August 11, 1997 Mr. Christopher Bendon, ASLA - Planner Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, CO 8161 1-1975 Re: Towne Place of Aspen Condominium Dear Christopher: garhecht a rot'.net In connection with the above -referenced condominium and the application filed July 25, 1997, enclosed your will find two mylars of the Plat containing all of the changes requested by Chuck Roth of the Engineering Department. The Plat has been executed by the owner, title company, and mortgagee. I enclose our firm's check in the amount of $1 1.00 made payable to the Pitkin County Clerk & Recorder to cover the recordation of the Plat. It would be appreciated if you could arrange for the Plat to be executed by the Planning Director and the Engineering Department and deliver same to Kathryn for recordation. I would appreciate your requesting she advise me when it is recorded as there are closings scheduled which depend upon this recordation. I thank you for your cooperation in this regard. Very truly yours, Michael J. Herron MJH/kl Enclosures cc: Evan Korn (via fax) C:\MJMTO W NEPLCILTRSBENDON. LT2 • RONALD GARFIELD* ANDREW V. HECHT** MICHAEL J. HERRON*** DAVID L. LENYO MATTHEW C. FERGUSON* KRISTI S. I'ERRARO**** 'also admitted to Ncw York Oar also admitted to District or Columbia Bar •'• also admitted to Florida Bar •'•'also admitted to Pennsylvania Bar HAND DELIVERED GAR EL.ellJ' & ll ECH ll y P.C. ATTORNEYS AT LAW TELEPHONE VIC'TORIAN SQUARE BUILDING (970) 92 5 -193 6 601 EAST HYMAN AVENUE TELECOPIER (970) 925-3 008 ASPEN, COLORADO 81611 E-mail July 25, 1997 Mr. Christopher Bendon, ASLA - Planner Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, CO 8161 1-1975 Re: Towne Place of Aspen Condominium Dear Christopher: gnrhecht a,rot'.net In connection with the above -referenced condominium, enclosed you will find the following: (A) Original and one (1) copy of Consent to Representation; (B) Towne Place, LLC's check made payable to the Community Development Department in the amount of $355.00. The sum required pursuant to the Pre - Application Conference Summary dated July 15, 1993; (C) Original and one (1) copy of Certificate of Ownership; (D) Two copies of prior Approvals; (E) Two copies of Plat recorded in Plat Book 39, Page 77; and (F) Two copies of proposed Condominium Plat. r-1 • Mr. Christopher Bendon July 25, 1997 Page 2 Be advised that this property is located at 200-216 Cooper Avenue, Aspen, Colorado. The enclosed Plat satisfies all of the requirements of the City of Aspen set forth in Code Section 26.52.030 and this letter and the enclosures are intended to satisfy Chapter 26.52. Subdivision has previously been approved for the property and this application constitutes the request for the completion of condom iniumization by the recordation of the enclosed Plat. It would be greatly appreciated if you could advise me, at your earliest convenience, whether the Plat is acceptable so that mylars can be brought in for recordation. In addition, as per your request, I enclose a copy of the Condominium Declaration which will be recorded immediately prior to the Plat. Very truly yours, Michael J. Herron (Dictated but not read) MJ H/asg Enclosures cc: Evan Korn (via fax) C:W MTOWNEPLC\LTRS\BENDON. LTR 9 0 4 CONSENT TO REPRESENTATION TOWNE PLACE, LLC, a Colorado limited liability company, hereby consents to its representation of the condominiumization of Towne Place of Aspen Condominiums by Garfield & Hecht, P.C. In addition, the undersigned agrees to pay any additional fees which may be necessary to the City of Aspen Community Development Department in connection with this application over and above the initial fee. Dated this day of July, 1997. TOWNE PLACE OF ASPEN, LLC By: f?j C: \M) H \TOWN EPL C\D O CS\CON S E N T.003 O0 CERTIFICATE OF OWNERSH (-L,) Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that TOWNE PLACE LLC, A COLORADO LIMITED LIABILTY COMPANY is the Owner in Fee Simple of the following described property: CARRIAGE HOUSE SUBDIVISION AND PLANNED UNIT DEVELOPMENT, according to the Plat thereof recorded June 9, 1995 in Plat Book 37 at Page 44. COUNTY OF PITKIN, STATE OF COLORADO. Subject to encumbrances, easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. FITKIV COUNT T TLE, INC. U, , PY: authori ignature CERTIFIED TO. JUNE 20, 1997 @ 8:30 A.M. E '-9l?qF5 12/08/1--5 11.53A PG I OF ILVIP4 13At,;I F'l: !!;:[ICI U[i!_.HV_N C.-LE172K. & RECORDER 1q5-v" REC DOC 11. 1710 1.915. 00 GENERAL WARRANTY DEED O 2 o S.G.A. ASPEN LIMITED LIABILITY COMPANY, a Colorado < a Limited Liability Company, whose address is c/o Oates, Hughes & Oi� W Knezevich, P.C., 533 E. Hopkins, Aspen, CO 81611 for the consider- 0 of Ten Dollars ($10.00), and other good and valuable _ consideration in hand paid, hereby sells and conveys to TOWNE PLACE U LLC, a Colorado Limited Liability Company, whose address is c/o p Garfield & Hecht, P.C., 601 E. Hyman Ave., Aspen, CO 81611, the following described real property in the County of Pitkin, State of Colorado, to wit: CARRIAGE HOUSE SUBDIVISION AND PLANNED UNIT DEVELOPMENT, according to the Plat thereof recorded June 9, 1995 in Plat Book 37 at Page 44 also known as 204 S. Durant St., Aspen, CO 81611 with all its appurtenances, and warrants the title to the same, subject to and except for: 1. General taxes for 1995 and thereafter; 2. Building and zoning regulations; �J 3. Reservations and exceptions as set forth in Deeds recorded in Book 59 at Page 330 and in Book 59 at Page 559; 4. Terms, conditions, restrictions, reservations, �j provisions and obligations as set forth in Encroachment Agreement W Q x recorded in Book 507 at Page 512; a� R+ 5. Terms, conditions, provisions, obligations and all t� n � matters as set forth in Subdivision Improvements Agreement recorded in Book 783 at Page 93; u -6H 6. Easements, rights of way and all matters as --C1 disclosed on Plat of subject property recorded in Plat Book 37 at Page 44; 7. Terms, conditions, provisions, obligations and all (continued) rQ cti 01 0 • 388127.* :, F3--801 P-909 12/08i `_ 11:53A PG matters as set forth in ordinance recorded in Book 771 at Page 487; all reference being to the Pitkin County, Colorado real property records. SIGNED this day of aL�1'L��•�� 19 S.G.A. ASPEN LIMITED LIABILITY COMPANY, a Colorado Limi� Liability Company 1-1 By STATE OF ss. COUNTY OF /` The foregoing instrument was�cknowledged before me this Z day of �`�_ 19 q� by Kenneth L. Shi-mm, as a Manager of S.0A. Aspen Limited Liab lity Company. WITNESS my hand and official seal. My commission expires: ,Ow ',% ZAYNA MAN *� )* My Coy*—Wi- C034OU7 FM'Iroe Jan. 31, INS 6-xWd by ANB rh\sgaigwd :;I3_ilt 0 F{-'�.� ra--? iZu /l�'�i9� 0'3.46I P6 i iJl 218 R1=C: UUC SILVIA DAVIS PIT[iIN COUN-I"Y CLERK R. RECORDED 140.0o SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE CARRIAGE HOUSE SUBDMSION (formerly "204 Fist Dursat Project') THIS AGREEMENT is made and entered into as of the G4 day of__J�3,0e 1995, by and between THE CITY OF ASPEN, COLORADO, a Municipal corporation (hereinafter referred to as "City") and S.G.A. Aspen Limited Liability Company (hereinafter referred to "Owner"), with reference to the following: RECITALS WHEREAS, Owner has submitted to the City for approval, execution and recordation a Final Subdivision and Planned Unit Development Plat (hereinafter referred to as the "Plat") concerning the construction of four (4) fully self-contained three (3) bedroom free market dwelling units and four (4) affordable housing units comprising one-2 bedroom unit, two-1 bedroom units and one studio unit on real property owned by Owner more fully described as being (hereinafter referred to as the "Property"): Lots K, L, M, N & O, Block 77 City and Townsite of Aspen Pitkin County, Colorado The foregoing described project, which was reviewed and approved under the name 204 East Durant Project, is to be known as "The Carriage House Townhome Condominiums" and will be hereinafter referred to as the "Project"; and WHEREAS, at meetings held on July 5, and August 2, 1994, the City Planning and Zoning Commission (a) recommended to the Aspen City Council that it grant subdivision approval for the Project and approve a zoning text amendment to allow parking on garage aprons in multi -family projects; and (b) granted Special Review approval for parking for the affordable PG 8-'83 R-�3 4 i71C� % �t�? i'95 V1.:5 : 4b1-' 01= �a housing component of the Project, including parking on garage aprons (based upon the proposed zoning text amendment); and WHEREAS, at a public hearing held on November 22, 1994, the City Planning and Zoning Commission, by its Resolution No. 94-36, a copy of which is hereto annexed as Exhibit "A", granted further Special Review approval to reduce from four (4) to three (3) spaces the number of on -site parking spaces for the affordable housing component of the Project and recommended to the City Council that it approve a Planned Unit Development ("PUD") overlay for the Property and a PUD variance of the side yard set -back for the Project; and WHEREAS, on December 12, 1994, the City Council adopted Ordinance No. 49 (Series of 1994), a copy of which is hereto annexed as Exhibit "B" ("Ordinance 49") and Ordinance No. 65 (Series of 1994), a copy of which is hereto annexed as Exhibit "C" ("Ordinance 65"), by which it granted, inter alia, a Growth Management Quota System ("GMQS") exemption and Subdivision approval for the Project, a PUD designation for the Property, and a side yard set- back variation from five (5) to zero (0) feet for the westerly boundary of the Property, and conferred upon the Project a vested right for the three (3) year period next succeeding the effective date of the Ordinances in accordance with and pursuant to the terms of Section 6-207 of the Land Use Regulations of the City of Aspen; and WHEREAS, the City Council is willing to approve, execute and accept the Plat for recordation on the condition that Owner agrees to all matters contained in this Agreement; and WHEREAS, the City desires to impose certain conditions and requirements in connection with its approval, execution and recordation of the Plat as are necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform all of the conditions and requirements imposed by the City; and -2- OF-.iC19i95 0'7:46,P, P716 ?, OF ::'E' WHEREAS, pursuant to Section 7-1005 of the Land Use Regulations of the City of Aspen, the City is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by Owner and its successors and assigns; and VVI EREAS, Owner is willing to provide such assurances to the City. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is mutually agreed as follows: A. CONSTRUCTION SCHEDULES The City and Owner acknowledge that exact construction schedules cannot be determined or agreed to at this time. It is, however, anticipated that the construction of the Project will begin no later than three (3) years from the vesting of the Owner's property rights in the Project or by December 12, 1997. Thereafter, construction shall proceed apace in accordance with the provisions of that edition of the Uniform Building Code in effect and as adopted and amended by the City at the time of building permit issuance. At the time of application for a building permit for any portion of the Project, including the installation of public improvements, Owner shall provide the City Engineering Department with a precise construction schedule for that particular phase of construction to the reasonable satisfaction of the Engineering Department and chief building official. Prior to any vegetation alteration or tree removal, Owner shall advise and consult with the City Park's Department. Additionally, prior to commencement to any of such work, Owner shall obtain necessary permits from the City Street's Department for any work or development within public rights -of -way. Prior to any demolition of existing improvements on the Property, - 3 - • 0 7FIc-' �71D B- 78�, P- 96 06/09/915 03:4t•P 1='G 4 CIF CI or grading, excavation or material storage of or on the Property, the trees on the Property that are to be retained shall be protected by the placement of barricade fencing within five (5) feet of the dripline of such trees. The fencing type and location shall be approved by the Parks Department prior to any earthmoving work on the Property. B. CONSTRUCTION OF PUBLIC MPROVEMENTS Prior to and as a condition to the issuance of Certificate of Occupancy for any of the dwelling units comprising Project: 1. Sidewalks, Curb and Gutter. Owner shall install a concrete sidewalk, curb and gutter along East Durant and Aspen Streets. The sidewalk shall be at least five (5) unobstructed feet in width. The final design of the sidewalk, curb and gutter shall be submitted to The City Engineering Department for its reasonable approval and shall, to the greatest feasible extent, minimize impacts to and upon existing trees. The Owner shall work with the Engineering and Park's Department during installation of the sidewalk, curb and gutter and during any necessary pruning of trees on the Property. 2. Financial Assurances. Owner agrees to secure performance of the construction and installation of foregoing described public improvements and to guarantee one hundred percent (100%) of the estimated cost of such improvements which estimated cost, as approved by the City Engineer, is as of the date hereof agreed to be Forty -Four Thousand and no/100ths Dollars ($44,000.00). Owner shall guarantee such cost, together with any increase thereof (calculated as below set forth) occurring between the date hereof and the time of commencement of the installation of such improvements, in the form of a cash escrow with the City or a bank or savings and loan association, or by an irrevocable site draft or letter of commitment from a financially responsible lender that funds in the amount of such estimated costs are held by it for the account of Owner for the construction and installation of the - 4 - ��i; 0 / .i .__7( 3 0� / �� 50J ", tf F'+�1 P.G 0 �_I r� foregoing described public improvements. This guarantee shall be delivered to the City prior to the issuance to Owner of a building permit for any part of the Project, shall be in a form acceptable to the City Attorney, and shall give the City the right, upon clear and unequivocal default by Owner, to withdraw funds as necessary and upon demand, partially or fully to complete or pay for any of the foregoing described public improvements or pay any undisputed outstanding bills for work done thereon by any party, with any excess guarantee amount to be applied first to additional administrative or legal costs associated with any such default before the unused remainder (if any) of such guarantee is released to Owner. As portions of the required improvements are completed, the City Engineer shall inspect, and upon approval and written acceptance, shall authorize the release from the guarantee delivered by Owner of the agreed estimated cost for that portion of the improvements, except that ten percent (10%) of the estimate cost shall be withheld until all proposed public improvements are completed and approved by the City Engineer. For purposes of arriving at the amount of the financial guarantee that shall be posted by the Owner, the cost of the public improvements, as .above set forth, shall be increased by the cumulative increase occurring between the date hereof and the time of commencement of installation of the public improvements in the Consumer Price Inde-r - All Urban Consumers - U.S. City Average - All Items published by the United States Department of Labor, Bureau of Labor Statistics. C. CITY ENGINEERING Prior to the issuance of a building permit for any portion of the Project, Owner shall consult with the City Engineering Department with respect to the engineering considerations set forth below, and shall: a. Prepare and submit, for the review and reasonable approval of the City Engineering Department, a storm water drainage plan complying with the guidelines set forth in Section 7-1004, C.4.f of the Land Use Regulations of the City of Aspen. Evidence of -5- is l�l % 0 CIF the acceptance of such plan by the engineering department shall be presented to the authority issuing the building permit. b. Prepare and submit, for the review and reasonable approval of the City Engineering Department, a parking plan for the Project which illustrates the size and location of all parking spaces and planters. All garage aprons shall be snow -melted. The constituent condominium documentation for the Project shall confirm that all utility and maintenance costs associated with the snow melt systems incorporated into the parking areas shall be born entirely by the free market component of the Project. Additionally, parking for any affordable housing unit that does not have a designated parking space shall occur on the garage apron of the free market unit with which such affordable housing unit is associated. C. Prepare and submit, for the review and reasonable approval of the City Engineering Department, a site plan for the Project, which shows a trash and recycle area, utility meters, and other above grade equipment installations. D. ZONING ENFORCEN1ENT Prior to issuance of the building permit for any portion of the Project, Owner shall prepare and submit, for the review and reasonable approval of the City Zoning Enforcement Officer (a) an open space plan indicating the areas counted as open space pursuant to the definition thereof set forth in Section 24-3-101 of the Land Use Regulations of The City of Aspen, and (b) height information for the Project in accordance with Section 24-3-101 of the Land Use Regulations of The City of Aspen. E. WATER DEPARTMENT The Owner shall connect water service to the Project from the 20" water main located in Durant Avenue and shall verify the fact of connection, to the reasonable satisfaction of the City Water Department, during the building inspection process. The Owner shall, as well, pay • • 8 ,LS'2070 B- 783 F-' --yC� C!C, ci i 95 0 : 4C�P F'G .7 OF c: its share of the costs associated with the abandonment of the existing 6" water line in Durant Avenue. Owner's proportionate share of the cost shall be based on a fair and ratable allocation of the total cost of abandonment among all Property Owners abutting Durant Avenue in the proximity thereof where the line is to abandoned. The Owner shall be responsible for timely contacting the water department to review the proposed plans for the Project to establish the amount of the utility connection charges and review detailed plans to provide water service, including water metering of the proposed dwelling units in the Project. F. FIRE PROTECTION The Project shall be constructed with a residential sprinkler and alarm system, which will be disclosed on the building plans prior to issuance of a building permit. G. LANDSCAPING IMPROVEMENTS Owner shall install landscaping within the Project consistent with a landscape plan to be submitted prior to issuance of a building permit for any component of the Project, which shall depict, inter alia, plant material, post -treatment of ground surfaces and other landscape features. Landscaping shall be completed in an orderly, logical sequence consistent with planting seasons, climatalogical conditions and construction scheduling. Prior to the issuance of a building permit for any component of the Project or the start of any earth -moving activities, the landscape plan shall be reviewed and approved by the Park's Department. Owner agrees to insure implementation of the landscape plan and its maintenance for the two (2) year period next succeeding its installation and to guarantee one hundred and twenty-five percent (125%) of the current estimated cost thereof. Owner shall guarantee such cost in the form of a cash escrow with the City, or a bank or savings and loan association or by an irrevocable site draft or letter of commitment from a financially responsible lender. This guarantee shall be delivered to the City prior to the issuance to Owner of a building permit for any part of the Project, shall be in a form acceptable to the City Attorney and shall give the City the right, upon clear and -7- t3_070 B-78 P-100 1z)6/09: 9 � 07,:�4C:,I F43 3 OF c'_8 unequivocal default by Owner, to withdraw funds as necessary partially or fully to complete or pay for any landscaping improvements or for the maintenance thereof or pay any undisputed outstanding bills, with any excess guarantee amount to be applied first to additional administrative or legal costs associated with any such default before the unused remainder (if any) of such guarantee is released to Owner. As portions of the landscaping improvements are completed, either the City Engineer or the Park's Department shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated for that portion of the improvements, except that ten percent (10 %) shall be withheld until all proposed landscaping improvements are completed and approved, and an additional twenty-five percent (25 %) shall be withheld, which shall be retained until the improvements have been maintained in satisfactory condition for two (2) years. H. AFFORDABLE HOUSING UNITS Prior to the issuance of any building permit for the Project, the applicant shall prepare and submit for the reasonable approval of the Housing Office, a schedule showing the quality of fixtures, finish and amenities to be incorporated into the affordable housing units, and shall, as well, record a Housing Office approved Deed Restriction for the affordable housing units. A copy of the Deed Restriction shall be forwarded to the Planning Office. The affordable housing units shall be deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq. ft.) Unit 2 Category # 1 (1 bdrm, 600 net livable sq. ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq. ft.) Unit 4 Category #2 (Studio, 400 net livable sq. ft.) M P-7E137 -1ol 03;46F' 1='G 9 OF L':::8 The affordable housing units shall not be sold as appurtenances to the free market units. They may be sold to qualified individuals or conveyed to an association of the free market unit owners, which will oversee the rental of the affordable housing units to qualified individuals pursuant to the applicable deed restriction. Those tenants of the Property as of December 12, 1994 shall, by the Housing Authority Board, be given the first priority to rent the affordable housing units at such time as they become available for rental; provided that the Housing Authority Board shall have the right first to confirm that such tenants are otherwise qualified pursuant to the applicable Housing Office Guidelines. Prior to the issuance of a building permit for any portion of the Project, the Owner shall redesign the entry into the affordable housing units to assure that any sloping roof does not shed snow onto the entry way. I. NON-COMPLIANCE AND REQUESTS FOR AMENDMENTS OR EXTENSIONS BY OWNER In the event the City Council determines that Owner is not acting in substantial compliance with the terms of this Agreement, the City Council may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within such reasonable time as the City Council may determine. Within twenty (20) days of the receipt of such order, Owner may file with the City Council either a notice advising the City Council that it is in compliance, or a written petition requesting a hearing to determine any one or both of the following matters: (i) whether the alleged non-compliance exists or did exist, or M (ii) whether a variance, extension of time, or amendment to this Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, City Council shall promptly schedule a hearing to consider the matters set forth in the notice and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval granted herein shall be issued without a finding by the City that substantial evidence warrants such action and affording Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance, which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon notice to Owner, terminate any of the approvals contained herein which are reasonably related to the requirement(s) with respect to which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, Owner or its successors or assigns, may on Owner's own initiative petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance under construction schedules or otherwise. The City Council may grant such variances or amendments to this Agreement or extensions of time as it may deem appropriate under the circumstances. J. MISCELLANEOUS PROVISIONS 1. Notices. Notices to be given to the parties to this Agreement shall be deemed given if personally delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or at such other addresses as may be substituted upon written notice by the parties or their successors or assigns: - 10- 11 • If to the City of Aspen: City Manager 130 S. Galena Street Aspen, CO 81611 If to the Owner: S.G.A. Aspen Limited Liability Company c/o Robert W. Hughes, Esq. Oates, Hughes & Knezevich, P.C. 533 E. Hopkins, Third Floor Aspen, Colorado 81611 2. Ordinances to Survive. Any of the terms and conditions to and of the approval of the Project or obligations on the Owner's part to be performed as set forth in Ordinance 49 and Ordinance 65 and not specifically addressed in this Subdivision Agreement shall nonetheless survive the execution, delivery and recordation of this Subdivision Agreement and the Plat. 3. Incorporation of Representations. All material representations made by the Owner in its applications for land use approvals and at the public hearings thereon shall be deemed to be conditions of approval and are incorporated by reference as though set forth herein. The City shall, upon request from any interested party, including Owner, prospective purchasers and lenders, issue appropriate written certification as to the compliance or as the case may be applicable, non-compliance of any component of the Project with such representations. In the event the City fails to respond to any such request within ten (10) days following the request, then the Project shall be conclusively deemed to be in compliance with all of such representations as of the date of the request and the party making the request shall have the right to rely accordingly. 4. Binding Clause. The provisions hereof shall run with and constitute a burden upon the title to the Property and shall be binding upon and shall inure to the benefit of Owner and the City, together with their respective heirs, personal representatives, successors, grantees and assigns. - 11 - s B--?8'3 P--1 04 0-- ; •+-G P IDG 1 OI- '_!3 5. Applicable Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen. 6. Severabitity. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section of the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the validity of any such provision, paragraph, sentence, clause, phrase, word or section under any other circumstances shall not be affected thereby. 7. Entire Agreement - Amendment. This Agreement contains the entire understanding and agreement between the parties hereto with respect to the transactions contemplated hereby and may be altered or amended from time to time only by written instrument executed by each of the parties hereto. 8. Acceptance of Plat - Ratification by Owner. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the Final Subdivision Exception Plat for the project and to accept the same for recordation in the recording office of Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner. For his part, Owner hereby ratifies and confirms each and every representation and public dedication made and set forth by Owner on said Plat. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Attest: By: Kathryn S oc , City Clerk The City of Aspen, Colorado, a municipal corporation By. Mayor (3ignatum continued) - 12 - 9_70 P -10' 03; 46P PG 1- OF _8 APPROVED AS TO FORM: By: � John Worcester, City Attorney S.G.A(Aspen Limited Liab Robert u ni, By: obert . H hes, hi ennet h' By: Robert W. Hughes, hi VA in fact in fact STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was -acknowledged before me this day of vn , 1995, b}c. / 'Yw),I as Mayor of the City of Aspen, a Municipal tion, and by Kathryi S. Koch, City Clerk. TNESS my hand and official seal. commission expires:: 71�7%iy ` Nota� ublic STATE OF ss. COUNTY OF � A ) The foregoing instrument was acknowledged before me this (_0 day of Qtw f _/ , 1995, by Robert W. Hughes as attorney in fact for Robert Guarini, as ager of S.G.A. ASPEN LLNIITED LIABILITY COMPANY. �., WITNESS my hand and official seal. JA *-Sly commission expires: % - / q -9 7 • 4NPublic dU' /AI—. - (acknowledgements cnnliaucd) - 13 - "a"070 P-78-, R-106 I�tF, %Irk'; /'� J 0 • 461-' F' G 14 C1- G i3 STATE OF k f&, ) ss. COUNTY OF The foregoing instrument was acknowledged before me this �k day of , 1995, by Robert W. Hughes as attorney in fact for Kenneth L. Shimmy Manager of S.G.A. ASPEN LIMITED LIABILITY COMPANY. 0.,.,.••�•. WTNESS my hand and official seal. ,commission expires: i UE&L&` otary Public,,q5�C) OV AI T ( �� 9 dArhlshimmisubdivision.ag r - 14 - JUN 09 195 09:4CITY OF ASPEN RESOLUTYON 07 THE ASPEN PLANNING AND SONING COXXINSION ORAXTXya 1p1CIAL REVIZW APPROVAL FOR THE OFF-BTRIET PARKING RRQUIRMXZNT9 YOR THE YOUR AFFORDABLE HOUSING UNITS AT 204 EAST DIIRANT AND RECOXXENDING PUD OVERLAY APPROVAL TO CITY COUNCIL (BLOCK 77, LOTS X, L. X, N, A= O, CITY AND TOWN,9iTI OF ASPEN) Resolution No. 94- WHEREAS, pursuant to section 24-5-301(B) of the Aspen Land Use Regulations the off-street parking requirements for all affordable housing shall be established by special review; and WHEREAS, pursuant to the special review requirements in Section 24-7-404(B) parking for affordable housing units may be approved by the Planning and Zoning Commission if the requirements of this provision are met by the applicant; and WHEREAS, the Planning Office received an application from SGA Limited Liability Company, represented by Sunny Vann, for GMQS exemption for reconstruction of a multi -family structure, subdivision, text amendment, and special review for affordable housing parking; and WHEREAS, a public hearing was conducted on July 5, 1994, at a regular meeting of the Aspen Planning and Zoning Commission, in which the Commission, considered the applicant's request and voted 7-0 for special review approval for the affordable housing parking plan; and WHEREAS, the applicant submitted a revised land use application in which the Applicant has requested a western side yard PUD variance to zero feet and a special review request to provide a total of three parking spaces for the four affordable dwelling units; and wHER2AS, a public hearing was conducted on November 22, 1994, at a regular meeting of the Aspen Planning and Zoning Commission, in which the Commission considered the Applicant's revised land use application and voted 6-1 for the affordable housing parking plan. NOW, THEREFORE BE IT REsOLvED by the Commission, That the 204 East Durant project has been approved to provide three off-street parking spaces for the tour affordable dwelling units provided within this project. The configuration of the parking spaces shall be that which is shown on the site plan included in the revised application packet and is subject to the following conditions: i. The applicant shall work with the Engineering and Parks 3•5-070 B-7CS:3 P-16'� v��, %�'i9/9=, 171^:46P F)r 1_� - `8 .TUN 09 '95 03s44* TY OF ASPEN E —. -7}�-:Q1-7 �— ,'�_;_ != 1i�!? I6 /09i 9`5 l:'�._ .4GP I—(_ ] F t7F 28 Department during installation of the sidewalk and pruning of the trees.• 2. The Subdivision/PUD Agreement shall permit the affordable housing unit that does not have a designated parking space to park on the apron of its associated free market unit. 3. All material representations made by the applicant .in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on November 22, 1994. Attest: i Jan rney, Depu y City Cler 2 Planning and coning C sion: w. pruce Karr, Chair ,77968 B-771 P-487 01/11/95 11:08A PIG 1 OF 7 REC DOC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER ,_,5, 00 ORDINANCE NO. 49 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FM THE CONSTRUCTION OF FOUR AFFORDABLE HOUSING UNITS AND FOUR FREE MARKET DWELLING UNITS UNDER THE MULTI -FAMILY HOUSING REPLACEMENT PROGRAM, SUBDIVISION APPROVAL AND VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND O, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Chapter 18-3.3 of the Aspen Municipal Code, an applicant may reconstruct a multi -family housing project if the project meets the criteria of this provision of the Aspen Municipal Code; and WHEREAS, pursuant to Section 24-7-1004(C) of the Aspen Municipal Code, City Council grants final subdivision approval; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council may grant vesting of development rights for a site specific development plan for a period of three years from the date of final development plan approval; and WHEREAS, SGA Aspen Limited Liability Company, c/o Doug Allen, ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting construction of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights, and a text amendment to allow parking on garage aprons in multi -family projects; and WHEREAS, the 204 East Durant project is located within the L/TR zone district and meets the dimensional requirements of this zone district; and WHEREAS, the Planning and Zoning Commission considered the �c3 �L�70 n._70,-'3 IZ1,3.46P PG 17 0F ''F i 0 377968 B-771 P-488 01/11/95 11:08A PG OF 7 applicant's request at a public hearing on July 5th and August 2, 1994, at which time they recommended approval to City Council for the replacement housing project and the text amendment. The Commission also granted Special Review approval for parking for the affordable dwelling units. The Commission also granted Special Review approval for apron parking based on the proposed text amendment, should City Council approve the proposed text amendment. The Commission's conditions are detailed in Resolution 94-_; and WHEREAS, the Commission voted 7-0 to recommend approval to City Council for the replacement housing project and subdivision, and voted 8-0 to recommend approval for the text amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-7-1004(C) of the Municipal Code, City Council.does hereby grant the applicant Subdivision approval subject to the following conditions: J 1. The replacement affordable housing units shall be fully deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq.ft.) Unit 2 Category #1 (1 bdrm, 600 net livable sq.ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #2 (studio, 400 net livable sq.ft.) �2. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. J 3. Prior to issuance of any building permits, the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. 2 3�37)i'�T P-783 I_....111"I ii7t_i�i�9ic)J iii :f+f;l' PGa'� OF 8 377968 8-771 P-489 01/11/95 11:O8A PG ?, OF 7 .4. As recommended by the Aspen Fire Protection District, the applicant shall have a residential sprinkler and alarm system installed in the proposed structure. These systems shall be identified on the building plans. 5. As recommended by the City Engineer in his memo dated June 16, 1994 the applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to issuance of a building permit. b. submit a parking plan, prior to the issuance of a building permit, which illustrates the size and location of all parking spaces and planters. C. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult the City Engineering Department (920-5080) for design considerations, City Parks Department (920-5120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way, prior to commencing any of this work. J i6. The Zoning Enforcement Officer identified the following items that shall be submitted prior to issuance of a building permit: a. an.open space plan indicating the areas counted per the "Open Space" definition in Section 24-3-101. b. height information in accordance with Section 24-3-101 of the Land Use Regulations. 7. In order to be in compliance with the recommendations of the Water Department, the applicant shall: a. connect to the 20-inch water main in Durant Avenue and this shall be verified during the building inspection process. b. pay its proportionate share of the costs associated with the abandonment of the existing 6-inch water line in Durant Avenue. C. contact the Customer Service Department (920-5031) to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, including water metering of the proposed units. 3 577968 B-771 P-490 01/11/95 11:08A FAG 4 OF 7 �. A sidewalk, curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five feet wide, and no obstacles within this width. The final design of the sidewalk shall be approved by the Parks Department and shall minimize impacts to existing trees to the greatest extent possible. .// 9. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, for review and approval by the City Attorney, City Engineer, and Planning Office. /10. All landscaping shall be reviewed and approved by the Parks Department, prior to the issuance of any building permits or the start of any earthmoving activities. ✓11. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 12 All garage aprons shall be snow melted. The Subdivision Agreement shall indicate that snow melted driveways are a common element of the free-market uses for the purposes of utility payments and maintenance. ,/ 13. The applicant shall redesign the entry into the affordable housing units so that there is a gabled roof that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. `-/14. The affordable housing units shall not be sold with the free market units, but shall be conveyed to the Homeowner's Association which will oversee the rental of these units to qualified individuals. ✓ 15. Existing tenants of the property shall have first priority at renting or purchasing the affordable dwelling units. Such rights not to be unreasonably withheld, as determined by the Housing Authority Board. Section 2: Pursuant to the concurrent text amendment revising Section 24-7-404 (B) "Off-street parking requirements" of the Municipal Code, should Council approve the text amendment in Ordinance 50, the applicant shall comply with the following condition: 4 =.I.C_ o/_�/I(1:'. 7J /!.�;-a�-,C� .-'1.:7 `I(I {��- _R 577968 B-771 P-491 01/11/95 11:08A PG 5 OF 7 1. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces to be reviewed and approved by the Parks Department and Planning Office. Section 3: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the 204 East Durant Subdivision site specific development plan as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided by this Ordinance shall exempt the site specific development plan from subsequent reviews and/or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approval granted and vested herein. 4. The establishment' herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all properties subject to land use regulation by the City of Aspen, including but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 4: The City Clerk +all cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption 5 070 9 5 i:_, . 4 E. P P f -I r-i , 377968 8-771 P-492 01/11/95 11:O8A PG 6 OF 7 hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. section 5: A public hearing on the Ordinance shall be held on the day of ��. 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing shall be 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 day of i�' 1994. John Bennett, Mayor -t e. TEST: . X• v Kathryn S. och, City Clerk re�0R,;� FINALLY, adopted, passed and approved this day of 1994. 6 78"070 8-71333 F -114 Of i09/ 95 0 ::_fcP r-'G 0F c23 377968 B-771 R-493 01/11/95 11:08A FAG 7 OF 7 John 8ennett, Mayor ATTEST: 'Xathr n,/P. Koch, City Clerk 382070 B--783 P-1 15 06 /09 / 9 5 03 : 46 P PG 23 OF 28 7 • • C-1 .7 .82070 0 :46P PG L4 OF 2_'8 ORDINANCE NO. 65 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING A PLANNED UNIT DEVELOPMENT OVERLAY AND A PLANNED UNIT DEVELOPMENT APPROVAL TO REDUCE THE WESTERN SIDE YARD SETBACK TO ZERO FEET IN ORDER TO SAVE A 65 FOOT HEALTHY SPRUCE TREE AS PART OF THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND O, CITY AND TOWNSITE OF ASPEN WHEREAS, SGA Aspen Limited Liability Company ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting construction of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights, and a text amendment to allow parking on garage aprons in multi -family projects; and WHEREAS, the 204 East Durant project is located within the L/TR zone district; and WHEREAS, the project was considered at a public hearing before City Council on October 11, 1994 at which time Council directed the applicant to find an alternative design that would preserve the large spruce tree on the northwestern portion of the parcel; and WHEREAS, pursuant to Chapter 24-7-902 of the Aspen Municipal Code, the City may require an Applicant to come in through the Planned Unit Development (PUD) process; and WHEREAS, the Applicant submitted a amended application which preserves the spruce tree, however, this requires a reduction in the required parking by one space and a side yard setback variance on the western lot line; and WHEREAS, the amended application was considered at a public 382'070 B-78]3 P-II7 k-06/00 /95 033:46P F'G 2.5 GF c�S hearing on November 22, 1994 by the Planning and Zoning Commission at which time the Commission granted Special Review to reduce the parking for the affordable housing units from four on -site parking to three spaces and amend the approved parking plan for the proposal, and recommended approval of the PUD Overlay and PUD variance to City Council by a 5-2 vote and amended the conditions of approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 24-7-903 of the Municipal Code, City Council does hereby grant the applicant a Planned Unit Development designation and the sideyard setback variation from five feet to zero feet for the western boundary as represented in the revised site plans subject to the following conditions: ✓/1. The applicant shall work with the Engineering and Parks Department during installation of the sidewalk and pruning of the trees. 2 Trees which will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences within five feet from the driplines of the trees. Fencing type and location shall be approved by the Parks Depatment, prior to any earthmoving work on the property. 3. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 2: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the 204 East Durant PUD/subdivision as follows: 1. The rights granted by the site specific development plan 2 I pG approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 3• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 5• The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: 3 Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following - described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 6: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section 8: A'public hearing on the Ordinance shall be held on the �— day of �_;i��,-� 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing shall be 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 =;)g day of 1994. 4 l� John Bennett, Mayor 3 070 B-783 P-1�0 06/0)/9' 03:46F PG LB OF `8 ATTEST: Kathryn S.,/Koch, City Clark — FINALLY, adopted, passed and approved this day of &124�e2j1994. ATTEST: /I i ti Kathryn och, City Clerk 7 ord. cc. pud.204edur.pud 5 Johh Bennett, Mayor ' • • 3777968 B-771 PI-487 01/11/90 11:08A F'G 1 OF 7 REC DOC • SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 35.00 ORDINANCE NO. 49 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR THE CONSTRUCTION OF FOUR AFFORDABLE HOUSING UNITS AND FOUR FREE MARKET DWELLING UNITS UNDER THE MULTI -FAMILY HOUSING REPLACEMENT PROGRAM, SUBDIVISION APPROVAL AND VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND O, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Chapter 18-3.3 of the Aspen Municipal Code, an applicant may reconstruct a multi -family housing project if the project meets the criteria of this provision of the Aspen Municipal Code; and WHEREAS, pursuant to Section 24-7-1004(C) of the Aspen Municipal Code, City Council grants final subdivision approval; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council may grant vesting of development rights for a site specific development plan for a period of three years from the date of final development plan approval; and WHEREAS, SGA Aspen Limited Liability Company, c/o Doug Allen, ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting construction of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights, and a text amendment to allow parking on garage aprons in multi -family projects; and WHEREAS, the 204 East Durant project is located within the L/TR zone district and meets the dimensional requirements of this zone district; and WHEREAS, the Planning and Zoning Commission considered the • 0 377968 5-771 P-488 01/11/95 11:08A PIG 2 OF 7 applicant's request at a public hearing on July 5th and August 2, 1994, at which time they recommended approval to City Council for the replacement housing project and the text amendment. The Commission also granted Special Review approval for parking for the affordable dwelling units. The Commission also granted Special Review approval for apron parking based on the proposed text amendment, should City Council approve the proposed text amendment. The Commission's conditions are detailed in Resolution 94- ; and WHEREAS, the Commission voted 7-0 to recommend approval to City Council for the replacement housing project and subdivision, and voted 8-0 to recommend approval for the text amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-7-1004(C) of the Municipal Code, City Council does hereby grant the applicant Subdivision approval subject to the following conditions: 1. The replacement affordable housing units shall be fully deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq.ft.} Unit 2 Category #1 (1 bdrm, 600 net livable sq.ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #2 (studio, 400 net livable sq.ft.) 2. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. 3. Prior to issuance of any building permits, the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. 2 3 7968 f0-771 P-469 01/11/95 11:08A PIG 3 OF 7 4. As recommended by the Aspen Fire Protection District, the applicant shall have a residential sprinkler and alarm system installed in the proposed structure. These systems shall be identified on the building plans. 5. As recommended by the City Engineer in his memo dated June 16, 1994 the applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to issuance of a building permit. b. submit a parking plan, prior to the issuance of a building permit, which illustrates the size and location of all parking spaces and planters. C. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult the City Engineering Department (920-5080) for design considerations, City Parks Department (920-5120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way, prior to commencing any of this wdrk. 6. The Zoning Enforcement officer identified the following items that shall be submitted prior to issuance of a building permit: a. an open space plan indicating the areas counted per the "Open Space" definition in Section 24-3-101. b. height information in accordance with Section 24-3-101 of the Land Use Regulations. 7. In order to be in compliance with the recommendations of the Water Department, the applicant shall: a. connect to the 20-inch water main in Durant Avenue and this shall be verified during the building inspection process. b. pay its proportionate share of the costs associated with the abandonment of the existing 6-inch water line in Durant Avenue. C. contact the Customer Service Department (920-5031) to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, including water metering of the proposed units. 3 0 • 377968 B-771 P-490 01/11/95 11:08A PG 4 OF 7 8. A sidewalk, curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five feet wide, and no obstacles within this width. The final design of the sidewalk shall be approved by the Parks Department and shall minimize impacts to existing trees to the greatest extent possible. 9. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, for review and approval by the City Attorney, City Engineer, and Planning Office. 10. All landscaping shall be reviewed and approved by the Parks Department, prior to the issuance of any building permits or the start of any earthmoving activities. 11. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 12. All garage aprons shall be snow melted. The Subdivision Agreement shall indicate that snow melted driveways' are a common element of the free-market uses for the purposes of utility payments and maintenance. 13. The applicant shall redesign the entry into the affordable housing units so that there is a gabled roof that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. 14. The affordable housing units shall not be sold with the free market units, but shall be conveyed to the Homeowner's Association which will oversee the rental of these units to qualified individuals. 15. Existing tenants of the property shall have first priority at renting or purchasing the affordable dwelling units. Such rights not to be unreasonably withheld, as determined by the Housing Authority Board. Section 2: Pursuant to the concurrent text amendment revising Section 24-7-404 (B) "Off-street parking requirements" of the Municipal Code, should Council approve the text amendment in Ordinance 50, the applicant shall comply with the following condition: n • 377968 B-771 P-491 P" 01/11/95 11:08A FIG 5 OF 7 1. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces to be reviewed and approved by the Parks Department and Planning Office. Section 3: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the 204 East Durant Subdivision site specific development plan as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided by this ordinance shall exempt the site specific development plan from subsequent reviews and/or approvals required by this ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approval granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all properties subject to land use regulation by the City of Aspen, including but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 4: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption 5 0 • 377968 B-771 P-4922 01/11/95 11:O8A PG 6 OF 7 hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. section 5: A public hearing on the Ordinance shall be held on the day of1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing shall be 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 day of 1994. TEST: Kathryn S. V2XOch, city Clerk FINALLY, adopted, passed 1994. John Bennett, Mayor and approved this 1,,q day of C 377968 B-771 P-493 01/11/95 11:08A PG 7 OF 7 C� John ennett, Mayor ATTEST: 'A'Xst n Roc City Clerk • • COPY CIOA CONDOMINIUM DECLARATION FOR TOWNE PLACE OF ASPEN CONDOMINIUMS Name of the Common Interest Community: Name of the Association: Persons executing this Declaration: mih\townep1c\docs\condo.de3 Town Place of Aspen Condominiums Towne Place of Aspen Condominium Association, Inc. Towne Place, LLC, a Colorado limited liability company J • • TOWNE PLACE OF ASPEN CONDOMINIUMS TABLE OF CONTENTS ARTICLE I General Purposes, Submission, Defined Terms ................... Section 1.I General Purposes .............................. Section 1.2 Submission of Real Estate ......................... Section 1.3 Defined Terms ................................ ARTICLE II Names, Recording Data, Certain Descriptions, and Development Rights . . Section 2.1 Name of Common Interest Community ............... Section 2.2 Type of Common Interest Community ............... Section 2.3 Name of Association ............................ Section 2.4 County in which Common Interest Community is Situated . . Section 2.5 Development Rights Reserved ..................... Section 2.6 Recordinz Data ............................... Section 2.7 Special Declarant Rights .......................... ARTICLE III Units/Common Elements ................................. Section 3.1 Number of Units .............................. Section 3.2 Identification of Units ........................... Section 3.3 Description of Units ............................ Section 3.4 Unit Boundaries ............................... Section 3.5 Common Elements and Limited Common Elements ....... Section 3.6 No Partition of Units from Condominium ............. Section 3.7 Separate Assessment ............................ Section 3.8 No Mechanic's Liens ............................ Section 3.9 Subdivision of Units and Relocation of Boundaries Between Units ............................ Section 3.10 Parking Spaces ............................... Section 3.11 Development Rights Reserved .................... ARTICLE IV The Association Declarant Control, Indemnification, Notice ......... Section 4.1 Purposes .................................... Section 4.2 Specific Powers .............................. . Section 4.3 Membership Qualifications ....................... . Section 4.4 Executive Board .............................. . mjh\towneptc\dots\condo. de3 2 2 2 2 2 2 2 2 2 2 3 3 3 4 4 4 4 5 5 5 6 6 6 6 6 Y Section 4.5 Declarant Control .............................. 7 Section 4.6 Indemnification ............................... 7 Section 4.7 Notice to Owners .............................. 8 ARTICLE V Easements and Licenses ................................... 8 Section 5.1 Unit Owners' Easements ......................... 8 Section 5.2 Easement for Encroachments ...................... 9 ARTICLE VI Allocated Interests ...................................... 9 Section 6.1 Allocated Interests ............................. 9 Section 6.2 Determination of Allocated Interests ................. 9 ARTICLE VII Covenant for Common Expense Assessments .................... 9 Section 7.1 Obligation to Pay Common Expense Assessments ........ 9 Section 7.2 Apportionment of Common Expenses ............... 10 Section 7.3 Purpose of Assessments ......................... 1 1 Section 7.4 Adoption of Budget ............................ 11 Section 7.5 Annual Assessment/Commencement of Common Expense . 11 Section 7.6 Effect of Non -Payment of Assessments .............. 12 Section 7.7 Special Assessments ........................... 12 Section 7.8 The Association's Lien ......................... 12 Section 7.9 Statement of Unpaid Assessments .................. 13 Section 7.10 Working Fund .............................. 14 ARTICLE VIII Use and Other Restrictions 14 Section 8.1 ............................... Use of Residential Units ........................ 14 Section 8.2 Use of Parking Spaces .......................... 14 Section 8.3 Maintenance of Units .......................... 14 Section 8.4 Restrictions on Animals and Pets ................... 15 Section 8.5 Zoning, Nuisances, Hazards ...................... 15 Section 8.6 Compliance with Insurance Requirements ............. 15 Section 8.7 Restriction on Signs and Advertisiniz Devices ........... 15 Section 8.8 Restrictions on Floor Loads ...................... 15 Section 8.9 Leasing of Units ............................. 16 Section 8.10 No Rights of First Refusal ....................... 16 mjh\townep1c\dots\condo.de3 ii • Section 8.1 1 No Restrictions on Mortgaging of a Unit ............ 16 Section 8.12 No Time Shares ............................. 16 Section 8.13 Rules and Regulations ......................... 16 ARTICLE IX Design Review ........................................ 17 Section 9.1 Required Approvals ........................... 17 Section 9.2 Periods of Restricted Construction .................. 17 Section 9.3 Variances .................................. 17 Section 9.4 Waivers ................................... 17 Section 9.5 Liability ................................... 18 Section 9.6 Records ................................... 18 Section 9.7 Enforcement ................................ 18 ARTICLE X Insurance ........................................... 18 Section 10.1 Insurance Carried ............................ 18 Section 10.2 Property Insurance on the Units and Common Elements . 20 Section 10.3 Liability Insurance ........................... 20 Section 10.4 Fidelity Insurance ........................... -. 20 Section 10.5 Worker's Compensation and Employer's Liability Insurance .............................. 20 Section 10.6 Officers' and Directors' Personal Liability Insurance ..... 20 Section 10.7 Other Insurance ............................. 21 Section 10.8 Insurance Premium ........................... 21 Section 10.9 Managing Agent Insurance ..................... 21 Section 10.10 Waiver of Claims Against Association ............. 21 Section 10.1 1 Annual Insurance Review ..................... 21 Section 10.12 Adjustments by the Association ................. 21 Section 10.13 Duty to Repair ............................ 22 ARTICLE XI Special Rights of Holders of First Lien Security Interests ............ 22 Section 1 1.1 General Provisions ........................... 22 ARTICLE XIl Enforcement ......................................... 22 Section 12.1 Enforcement ............................... 22 mlh\cownev1c\dots\condo.de3 ARTICLE XIII Amendments ........................................ 23 Section 13.1 Amendment to Declaration or Map ............... 23 ARTICLE XIV Restoration and Termination .............................. 23 Section 14.1 Restoration ................................ 23 Section 14.2 Termination ............................... 23 ARTICLE XV Condemnation ........................................ 24 Section 15.1 Appointment of Association as Attorney -in -Fact ....... 24 Section 15.2 Entire Taking ......................... 0 ..... 24 Section 15.3 Partial Taking ................ 0 ............. 24 ARTICLE XVI Miscellaneous Section 16.1 Section 16.2 Section 16.3 Section 16.4 Section 16.5 Section 16.6 Section 16.7 Section 16.8 Section 16.9 ........................................ 25 Severability................................ 25 Term of Declaration .......................... 25 Singular Includes the Plural ..................... 25 Captions .................................. 25 Colorado Law .............................. 25 Disclaimer .. ............................. 25 Limited Liability ............................. 26 Conflicts with Articles Bylaws or Rules of Association ... 26 Covenants Running with the Land ................. 26 EXHIBIT A Legal description of Real Estate and Recording Data EXHIBIT B Table of Interests mjh\cownep1c\docs\condo.de3 1v • 0 CONDOMINIUM DECLARATION FOR THE TOWNE PLACE OF ASPEN CONDOMINIUMS This CONDOMINIUM DECLARATION is made this day of July, 1997 by TOWNE PLACE, LLC, a Colorado limited liability company ("Declarant"), whose address is c/o Sam Korn, P. O. Box 9132, Aspen, Colorado 81612-9132. ARTICLE 1 General Purposes Submission, Defined Terms Section 1.1 General Purposes. Declarant is the owner of certain improved, fully developed, real estate known as the "TOWNE PLACE OF ASPEN" located in the City of Aspen, County of Pitkin, Colorado more particularly in Exhibit "A" attached hereto which exhibit is by this reference made a part here of. Declarant desires to create a Common Interest Community under the name "TOWNE PLACE OF ASPEN CONDOMINIUMS" pursuant to which the real estate described in said Exhibit "A" will be designated for separate ownership and use of either a commercial or residential nature. Section 1.2 Submission of Real Estate. Declarant hereby submits the real estate described in said Exhibit "A," together with all easements, rights -of -way and appurtenances thereto and the buildings and improvements erected thereon (collectively, the "Real Estate") to the provisions of the Colorado Common Interest Ownership Act, Section § § 38-33.3-101 et sea. of the Colorado Revised Statutes (the "Act") and to this Declaration. In the event the Act is repealed, the Act on the effective date of this Declaration shall remain applicable. Declarant hereby declares that all of the Real Estate shall be held, leased, mortgaged, sold and conveyed subject to the following terms, easements, reservations, restrictions, covenants, and conditions. Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Real Estate; that this Declaration shall run with the Real Estate and shall be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, devisees, legal representatives, successors and assigns and shall inure to the benefit of each and every Owner. Section 1.3 Defined Terms. Each capitalized term not otherwise defined in this Declaration or on the Condominium Map of the Towne Place of Aspen Condominiums (the "Map" or the "Condominium Map") shall have the meanings specified or used in the Act. mjh\towneDk\dots\condo. de3 ARTICLE 11 Names Recording Data Certain Descriptions, and Development Rights Section 2.1 Name of Common Interest Community. The name of the Common Interest Community is the "Towne Place of Aspen Condominiums." Section 2.2 Type of Common Interest Community. The type of Common Interest Community is a Condominium. Section 2.3 Name of Association. The name of the Association is the "Towne Place of Aspen Condominium Association, Inc.," a Colorado non-profit corporation (the "Association"). Section 2.4 Counter in which Common Interest Community is Situated. The Common Interest Community consists of the Real Estate which is located entirely within the County of Pitkin, State of Colorado. Section 2.5 Development Rights Reserved. The Declarant reserves the Development Rights enumerated in Section 3.11 below. The Real Estate is subject to this Development Rights. Section 2.6 Recording Data. The recording data for all recorded easements and licenses appurtenant to or included in the Common Interest Community is set forth in Exhibit "A." In addition, the Common Interest Community may be subject to the easements or licenses granted or reserved pursuant to this Declaration. Section 2.7 Special Declarant Rights. The Declarant hereby reserves the Special Declarant Rights enumerated in Section §§38-33.3-103(29) of the Act. ARTICLE III Units/Common Elements Section 3.1 Number of Units. The number of Units in the Common Interest Community is four (4) consisting of Units A, B, C and D and four (4) Affordable Housing Units (defined below). The preceding is subject to the provisions of Section 3.11 below. The Condominium Map reflects the location of four (4) Affordable Housing Units which subject to the Development Rights reserved in Section 3.11 below constitute Common Elements of the Common Interest Community (the "Affordable Housing Units"). mjh\towneplc\does\condo.deJ 2 Section 3.2 Identification of Units. The identification number of each Unit is shown on the Condominium Map and Exhibit "B" to this Declaration attached hereto which exhibit is by this reference made a part hereof. Section 3.3 Description of Units. Every contract for sale, deed, lease, Security Interest and every other legal document or instrument shall legally describe a Unit as follows: Unit , Towne Place of Aspen Condominiums, a Common Interest Community according to the Condominium Map thereof recorded in Plat Book at Page and the Condominium Declaration for Towne Place of Aspen Condominiums recorded at Reception No. . all of the real estate records of Pitkin County, Colorado. Section 3.4 Unit Boundaries. The boundaries of each Unit are shown on the Condominium Map. Unless otherwise shown on the Condominium Map; as required by the Act or as set forth below, Unit boundaries consist of unfinished walls, floors and ceilings. (a) All lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the Unit; (b) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit; and (c) All built-in air handling, ventilation and heating systems including chutes, flutes, ducts, wire, conduit and all other mechanical systems of the Towne Place of Aspen Condominiums wherever situated that serve only one Unit are Limited Common Elements allocated solely to that Unit and any portions thereof that serve more than one Unit or the Common Elements are Common Elements. (d) Any spaces or improvements outside the boundaries of any Unit that do not serve any particular Unit shall be Common Elements. mih\townep1c\doa\condo.de3 3 (e) Any structural elements, bearing walls or columns wherever situated to the unfinished surfaces thereof shall be Common Elements. Section 3.5 Common Elements and Limited Common Elements. Portions of the Real Estate shown on the Condominium Map are either Common Elements or Limited Common Elements. The Association shall be responsible for the maintenance, repair and replacement of all Common Elements. Unless provided otherwise in this Declaration, the Association shall also be responsible for the maintenance, repair and replacement of all Limited Common Elements. Section 3.6 No Partition of Units from Condominium. No Owner may assert any right of partition with respect to such Owner's Unit desiring to separate it from the Condominium. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Unit desiring to separate it from the Condominium. This Section 3.6 shall not, however, limit or restrict the right of the Owners of a Unit to bring a partition action pursuant to Section 38-28- 101 et seq. of the Colorado Revised Statutes requesting the sale of the Unit and the division of the proceeds among each Owners; provided that no physical division of the Unit shall be permitted as a part of such action and no such action shall affect any other Unit. Section 3.7 Separate Assessment. Declarant shall give written notice to the Assessor of Pitkin County, Colorado requesting that the Units be separately assessed and taxed and that the total value of the Common Elements be assessed and taxed proportionately in accordance with the Allocated Interest of such Unit in the Common Elements. After this Declaration has been recorded in the real estate records of Pitkin County, Colorado, Declarant shall deliver a copy of this Declaration as recorded to the Assessor of Pitkin County, Colorado. Section 3.8 No Mechanic's Liens. (a) If any Owner shall cause or permit any material to be furnished to such Owner's Unit or any labor or services to be performed therein , no Owner of any other Unit shall be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor, services or materials to such Owner's Unit. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Elements or any Unit other than that of such Owner with any mechanic's or mjh\townep1c\dots\condo.de3 4 materialmen's lien or other lien or encumbrance whatsoever. Notice is hereby given that the right and power to charge any lien or encumbrance of any kind against the Common Elements or against any Owner or any Owner's Unit for work done or materials furnished to any other Owner's Unit is hereby expressly denied. (b) If, because of any act or omission of any Owner, any mechanic's or materialmen's lien or other lien or order for the payment of money shall be filed against any of the Common Elements or against any other Owner's Unit or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose or which act or omission forms the basis for such lien or order shall, at such Owner's own cost and expense, cause such lien or order to be canceled or bonded over in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within twenty (20) days after the filing thereof, and further such Owner shall indemnify and save harmless all such parties affected from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees resulting therefrom. Section 3.9 Subdivision of Units and Relocation of Boundaries Between Units. There is hereby reserved to Owners of Units the right in accordance with the Act to subdivide a Unit into two or more Units or to relocate the boundaries between adjoining Units. Section 3.10 Parking Spaces. The Parking Spaces shown on the Map shall be limited common elements appurtenant to the Units. One of the parking spaces located on the apron of Unit D has been allocated for use by the Affordable Housing Units. The Association/Declarant shall be entitled from time to time to adopt rules and regulations governing the use of the parking spaces. Section 3.11 Development Rights Reserved. The Declarant, or the Unit Owners or the Association as the successor to the Declarant, reserves the right, for a period of ninety-nine (99) years to condominiumize the Affordable Housing Units and to sell them to qualified "employees" approved by the Aspen/Pitkin County Housing Authority ("Housing Board") and its guidelines. The income to be derived from such sale shall constitute an asset of the Association, to be distributed by the Unit Owners or used by the Association as the directors or executive board thereof deems appropriate. In the event the proceeding Development Right is exercised, the Allocated Interests (defined in Article VI below) shall be equitably reallocated which allocation shall require the approval of the Housing Board with the proviso that in no event shall any expenses which the Declarant is prohibited from passing on to the occupants of the Affordable Housing Units become part of any Common Expenses mih\[ownep1c\dots\condo.de3 5 payable by Owners of the then condominiumized Affordable Housing Units and with the further restriction that in no event shall the cumulative voting rights allocated to the affordable housing units exceed 20% of the total vote. ARTICLE IV The Association, Declarant Control, Indemnification, Notice Section 4.1 Purposes. The Association, through its Executive Board, shall perform the functions and manage and administer the Common Interest Community as provided in this Declaration so as to further the interests of the members of the Association. The Association shall be governed by its Articles of Incorporation and Bylaws, as amended from time to time. The Executive Board may, by written resolution, delegate authority to a manger or managing agent for the Association, provided no such delegation shall relieve the Executive Board of final responsibility. Section 4.2 Specific Powers. The Association shall have all the powers, authority and duties as necessary and proper to manage the business and affairs of the Common Interest Community. The Association shall have all of the powers, authority and duties permitted or set forth in the Act. The Association shall have the power to assign its right to future income, including the right to receive Common Expense assessments, but only upon the affirmative vote of the Unit Owners of Units to which at least sixty-six and two-thirds percent (66.2/3%) of the votes in the Association are allocated at a meeting called for such purpose. Section 4.3 Membership Qualifications. Each Individual, corporation, partnership, limited liability company, joint venture, trust or other legal entity capable of holding title to real property in Colorado shall automatically become a member of the Association upon becoming an Owner of a Unit. Membership shall be continuous throughout the period that such ownership continues and shall be appurtenant to and inseparable from ownership of a Unit. Ownership of a Unit shall be the sole qualification for such membership. Membership shall terminate automatically without any Association action whenever any Owner ceases to own any Unit. No Owner may pledge or otherwise hypothecate its membership in the Association and no such pledge or hypothecation shall be effective or binding on the Association. Where more than one person or legal entity holds an interest in any Unit, all such persons or legal entities shall be members and the voting of such membership shall be in accordance with the Act. Section 4.4 Executive Board. The affairs of the Association shall be governed by an Executive Board consisting of three (3) members elected by the Unit Owners. mjhVowneplc\doa\condo. de3 Cumulative voting shall be required for the election of members of the Executive Board. Section 4.5 Declarant Control. The Declarant shall have the reserved power, pursuant to the Act, to appoint and remove officers and members of the Executive Board. This power of Declarant (the "period of Declarant Control") terminates no later than the earlier of: (1) sixty (60) days after conveyance of seventy-five percent (75%) of the Units to Unit Owners other than the Declarant or (ii) two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business to a Unit Owner other than Declarant. During the period of Declarant Control, the Declarant's Control shall be subject to the following limitations: (a) Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created to Unit Owners other than the Declarant, at least one member and not less than twenty-five percent (25%) of the members of the Executive Board must be elected by Unit Owners other than the Declarant. (b) Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Unit Owners other than the Declarant, not less than thirty-three and one-third percent (33 1/3%) of the members of the Executive Board must be elected by Unit Owners other than the Declarant. (c) The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of the period of Declarant Control, but, in that event, the Declarant may require, for the duration of the period of Declarant Control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. Section 4.6 Indemnification. To the full extent permitted by law, each officer and director of the Association shall be and is hereby indemnified by the Unit Owners and the Association against all expenses and liabilities including attorney's fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved, by reason of being or having been an officer or director of the Association, or any settlements thereof, whether or not they are an officer or director of the Association at the time such expenses are incurred; except in such cases wherein such officer or director is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement the indemnification shall apply only when the mjh\towneplc\does\condo.de3 7 Executive Board approves such settlement and reimbursement as being in the best interests of the Association. Section 4.7 Notice to Owners. Notice to an Owner of matters affecting the Towne Place of Aspen Condominiums by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner's Unit. ARTICLE V Easements and Licenses Section 5.1 Unit Owners' Easements. Every Unit Owner shall have a right of enjoyment and easement for access to their Unit through or over the Common Elements and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: (a) The right of the Association to promulgate and publish rules and regulations which each Unit Owner and their guests shall strictly comply with. (b) The right of the Association to suspend the voting rights and rights to use the Common Elements by any Unit Owner for any period during which any assessment against their Unit remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its rules and regulations. (c) The right of the Association to grant easements, leases, licenses and concessions through or over the Common Elements. (d) The right of the Association to convey or subject a Common Element to a Security Interest in accordance with and to the extent permitted by the Act. (e) The right of the Association to close or limit the use of the Common Elements while maintaining, repairing or replacing such Common Elements. (f) Any Unit Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of their family, their tenants or guests who reside or rent at their Unit. mjh\[ownepfc\dots\condo.de3 • • Section 5.2 Easement for Encroachments. Common Element encroaches on any other Unit easement for the encroachment exists. To the extent that any Unit or or Common Element, a valid ARTICLE VI Allocated Interests Section 6.1 Allocated Interests. The Common Expense liability, percentage ownership interest of each Unit Owner in the Common Elements and votes in the Association allocated to each Unit are set forth in Exhibit B, "Table of Interests." Section 6.2 Determination of Allocated Interests. Subject to the provisions of Section 3.11 above, the interests allocated to each Unit have been calculated as follows: (a) By allocating twenty-five percent (25%) of the interests to each Unit. (b) The percentage of ownership interest of each Unit Owner in the Common Elements is based upon twenty-five percent (25%) being allocated to*each Unit. (c) The number of votes in the Association by providing that each Unit has twenty-five percent (25%) of the total votes. ARTICLE Vll Covenant for Common Expense Assessments Section 7.1 Obligation to Pay Common Expense Assessments. Declarant, for each Unit, shall be deemed to covenant and agree, and each Unit Owner, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association Common Expense assessments imposed by the Association against said Unit. Such assessments, including fees, charges, late charges, attorney's fees, fines and interest charged by the Association shall also be the personal obligation of the Unit Owner of such Unit at the time when the assessment or other charges become due. Where there are multiple Owners of a Unit, the obligation to pay assessments shall be joint and several. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by them. No Unit Owner may become exempt from liability for payment of the Common Expense mjhVownepk\dots\condo. de3 9 assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the Common Expense assessments are made. All assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including, without limitation, any claim that the Association or the Executive Board is not properly exercising its duties and powers under this Declaration. Section 7.2 Apportionment of Common Expenses. Except as provided in this Section 7.2 or elsewhere in this Declaration, Common Expense assessments shall be assessed against all Units in accordance with the formula for liability for the Common Expenses as set forth in Exhibit "B" of this Declaration. (a) Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element shall be assessed against the Units to which that Limited Common Element is assigned, equally, or in any other proportion that the Executive Board deems equitable; (b) Any Common Expense or portion thereof benefitting fewer than all of the Units shall be assessed exclusively against the Units benefitted; (c) Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner may be assessed against that Unit only; (d) The cost of insurance shall be assigned in proportion to risk. Any insurance premium increase attributable to a particular Unit by virtue of activities in or construction of the Unit shall be assessed against that Unit; (e) An assessment to pay a judgment against the Association may be made only against the Units in the Common Interest Community at the time the judgement was entered, in proportion to their Common Expense liabilities; (f) If a Common Expense is caused by the misconduct of a Unit Owner, the Association may assess that expense exclusively against that Unit Owner and their Unit; (g) Fees, charges, taxes, impositions, late charges, fines, collection costs and interest charged against a Unit Owner pursuant to Section 7.5 below or elsewhere in the Declaration shall be collectable as Common Expense assessments; mh\cownepk\doa\condo.de3 10 Section 7.3 Purpose of Assessments. The assessments levied by the Association through its Executive Board shall be used exclusively for the purposes of promoting the health, safety, and welfare of the members of the Association. Such purposes shall include, but shall not be limited to the following: (a) the improvement, maintenance, repair, upkeep and reconstruction of the Common Elements; or (b) for the painting, landscape care and snow removal and any other maintenance obligations which may be deemed desirable for the common benefit of the Unit Owners; or (c) for the maintenance of property values; or (d) for payment of expenses which may be incurred by virtue of agreement with or requirement of any governmental authority; or (e) to hire a manager to perform all of the tasks of the Association which are legally delegable to a manager. The assessments may also be used to provide insurance of various types and in such amounts deemed appropriate by the Executive Board. Also, a portion of the assessments may be used to provide a reserve fund for the replacement, repair, and maintenance of Common Elements which must be replaced or refurbished on a periodic basis. All income received from the Affordable Housing Units shall be used by the Association to offset the Unit Owners' obligation for Common Expenses. Section 7.4 Adoption of Budget. Within thirty (30) days after adoption of any proposed budget for the Common Interest Community, the Executive Board shall mail, by ordinary first-class mail or otherwise deliver, a summary of the budget to all the Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting, the affirmative vote of the Unit Owners to which sixty-six and two-thirds percent (66.2/3%) or more of the votes in the Association are allocated reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget as ratified by the Unit Owners will be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Executive Board. Section 7.5 Annual Assessment/Commencement of Common Expense. Common Expense assessments may be made on an annual basis against all Units and shall be based upon the Association's budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Executive Board. Common Expense assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner other than the Declarant occurs. The omission or failure of the Executive Board to levy assessments for any period shall not mjh\cowneplc\does\condo.de3 I be deemed a waiver, modification or a release of the Unit Owners from their obligation to pay assessments for such period. Section 7.6 Effect of Non -Payment of Assessments. Any assessments, changes or fees provided for in this Declaration, or any monthly or other installments thereof, which is not fully paid within ten (10) days after the due date thereof, as established by the Executive Board, shall bear interest at the rate of eighteen percent (18%) per annum from the due date, and the Association may assess a reasonable late charge thereon as determined by the Executive Board. Failure to make payment within sixty (60) days of the due date thereof shall cause the total amount of such Unit Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Executive Board. Further, the Association may bring an action at law or in equity, or both, against any Unit Owner personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Unit Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover a money judgement for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued to the Association without foreclosing, or in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent assessments, charges or fees, or monthly or other installments thereof, which are not fully paid when due. Section 7.7 Special Assessments. In addition to the annual or regular assessments, the Association may establish at any time a special assessment for the purpose of paying or creating a reserve for, in whole or in part, the cost of any expense which the Association is entitled to incur pursuant to the provisions of the Declaration, the Articles or the Bylaws and which is not scheduled to be paid in a Budget adopted by the Association. No special assessment may be levied by the Association unless such special assessment has been approved by the Executive Board and by the majority vote of the Owners present in person or proxy at a meeting called for such purpose at which a quorum was present. Section 7.8 The Association's Lien. The Association shall have from the date of recording of this instrument a lien against each Unit to secure payment to the Association of all assessments with respect to such Unit, interest thereon and all costs and expenses of collecting such assessments and charges including reasonable attorney's fees. The Association's lien shall be prior and superior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded prior to the mjhVowneD1c\does\condo.de3 12 recordation of this instrument; (b) the Security Interest of a first lien or with respect to such Unit except to the extent specified in the Act; (c) liens for real estate taxes and other governmental charges against such Unit; and (d) mechanic's and materialman's liens which by law may be prior to the Association's lien. The Association's lien shall attach from the date of recording of this instrument and shall be considered perfected without the necessity of recording a notice of lien. Nevertheless, the Association may record in the real estate records of Pitkin County, Colorado, a notice of lien which shall be executed by an officer or director of the Association and which shall contain substantially the following information: (i) the legal description of the Unit against which the lien is claimed; (ii) the name of the defaulting Owner of such Unit as indicated by the Association's records; (iii) the total unpaid amount together with interest thereon and costs of collection as of the date of such notice; (iv) a statement that the notice of lien is made by the Association pursuant to the Declaration; and (v) a statement that a lien is claimed and will be foreclosed against such Unit in an amount equal to the amount stated as then due and any additional amounts thereafter becoming due. No failure or omission of the Association to file any notice of lien shall affect the validity, priority or enforceability of such lien. The Association's lien may be foreclosed upon in the manner provided by Colorado for the foreclosure of mortgages encumbering real property. In any such foreclosure, the Owner of the Unit subject to such foreclosure shall be required to pay the costs and expenses of'such proceedings, including reasonable attorney's fees. The Association shall be entitled to purchase the Unit at any foreclosure sale, and to hold, lease, mortgage or convey the same. In any such foreclosure action, the Court may appoint a receiver to collect all sums alleged to be due from the Owner prior to or during the pendency of such foreclosure or action. The Court may order the receiver so appointed to pay any sums held by such receiver to the Association during the pendency of such foreclosure to the extent of the unpaid assessments and charges. Section 7.9 Statement of Unpaid Assessments. The Association shall furnish to an Owner of a Unit or its designee or to a holder of a Security Interest or its designee, upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt requested to the Association's registered agent, a written statement setting forth the amount of the unpaid assessments, if any, with respect to such Unit. Such statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding upon the Association, the Executive Board and every Unit Owner. If no statement is furnished to the requesting party delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the Unit for unpaid assessments which were due as of the date of the request. mjh\towneDk\dots\condo.de3 13 Section 7.10 Working Fund. The Association or Declarant may require each initial Unit Owner (other than Declarant) to make a non-refundable payment to the Association in an amount equal to twenty-five percent (25%) of the annual Common Expense assessment against that Unit in effect at the initial closing thereof, which sum shall be held, without interest, by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing of the initial sale by Declarant of each Unit, as aforesaid, and shall be maintained for the use and benefit of the Association. Such payment shall not relieve a Unit Owner from making regular payments of assessments as the same become due. Upon the transfer of its Unit such Owner shall be entitled to a credit from their transferee for any unused portion of the aforesaid working fund. This account may be updated annually as of December 31 st, and notice shall be given to all Unit Owners whose individual account does not equal twenty-five percent (25%) of the current annual assessment. Payment of any shortage shall be due with the next regular assessment payment, following written notice. ARTICLE Vlll Use and Other Restrictions Section 8.1 Use of Residential Units. No Residential Unit shall be occupied for living or sleeping purposes by more persons than the Unit was designed to safely accommodate. Residential Units shall be used and occupied primarily for a residence and secondarily for a home office if the home office complies with the following criteria: (i) no goods or merchandise may be produced, stored, displayed or sold as a part of the business conducted at the home office; (ii) only one other person not a resident in the Unit may be employed or associated with the business conducted at the home office; (iii) no separate entrance to the home office shall be permitted; and (iv) no signs identifying the home office shall be permitted. Section 8.2 Use of Parking Spaces. The Association shall from time to time adopt reasonable rules governing the use of the parking spaces which are Limited Common Elements. Section 8.3 Maintenance of Units. Each Unit at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, machinery, lumber or other building materials shall be permitted to remain exposed in any Unit so that the same are visible from any neighboring Unit or any street. Declarant, its agents and assigns and the Association and its agents, shall have the authority to enter and clean up Units which do not conform to the provisions of this Section, and to charge and collect from the Unit Owners thereof all reasonable costs related thereto. mih\towneplc\doa\condo. de3 14 Section 8.4 Restrictions on Animals and Pets. No more than two (2) pets (either dogs or cats or any combination thereof) shall be allowed in each of the Residential Units; provided, however, dogs shall not be allowed to bark so as to constitute a nuisance to other Owners; may not be tied up, kept or allowed unattended on decks or any other Common Elements and shall be subject to such further rules as the Association may from time to time promulgate. No other animals shall be raised, bred, kept or regularly brought to the Common Interest Community (including, without limitations, any birds, fish or other household pets) except for those animals (if any) permitted under the provisions of the rules of the Association and except for animals which are trained to and are in fact assisting persons with disabilities. Notwithstanding the preceding pets shall not be allowed in the Affordable Housing Units regardless of whether they are condominiumized in accordance with the provisions of Section 3.11 above. In addition, renters of the Residential Units shall be prohibited from having any pets. Section 8.5 Zoning, Nuisances Hazards. No Unit within the Common Interest Community shall be used for any purpose other than as allowed by the local zoning codes. No nuisance shall be permitted within the Common Interest Community, nor any use, activity or practice which is a source of unreasonable annoyance or embarrassment to, or which unreasonably offends or disturbs, any Unit Owner or which may unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Unit or Common Element, or any portion of the Common Interest Community by Unit Owners. Further, no unsafe, hazardous, offensive, or unlawful use shall be permitted within the Common Interest Community or any portion thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the Common Interest Community or a portion thereof shall be observed. Section 8.6 Compliance with Insurance Requirements. Except as may be approved in writing by the Executive Board, nothing shall be done or kept on the Common Interest Community which may result in a material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. Section 8.7 Restriction on Sims and Advertising Devices. No signs (which term shall include posters, billboards and advertising devices) of any kind shall be erected or maintained anywhere within the Common Interest Community except such sign or signs as may be approved in writing by the Executive Board. Section 8.8 Restrictions on Floor Loads. No Owner of a Unit may place a load on any floor which exceeds the floor load for which the floor was designed to support. m1h\[owneD1c\dots\condo.de3 15 No Owners of a Unit shall install, operate or maintain any item of heavy equipment or make any other installation, except in a manner designed to achieve a proper distribution of weight. Section 8.9 Leasing of Units. Any Unit Owner shall have the right to lease its Unit upon such terms and conditions as such Unit Owner may deem advisable, subject to the following: (a) Every lease or rental agreement shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this Declaration, the Bylaws of the Association and the Articles of Incorporation and the rules and regulations of the Association and shall state that the failure of the tenant or renter or guest to comply with the terms of the Declaration or Bylaws of the Association, Articles of Incorporation or the rules and regulations of the Association shall constitute a default of such lease or rental agreement and such default may be remedied by the Association which remedy may include eviction. Notwithstanding the foregoing requirements , short term rentals (i.e., not to exceed fourteen (14) days) need not be in writing but shall nevertheless remain subject to the terms of the Declaration, the Bylaws of the Association and the Articles of Incorporation and rules and regulations of the Association. Section 8.10 No Rights of First Refusal. The rights of a Unit Owner to lease, sell, transfer or otherwise convey its Unit shall not be subject to any right of first refusal or similar restriction and such Unit may be sold free of any such restrictions. Section 8.11 No Restrictions on Mortgaging of a Unit. There are no restrictions on the right of the Unit Owners to mortgage or otherwise encumber their Units. There is no requirement for the use of a specific lending institution or particular type of lender. Section 8.12 No Time Shares. No Unit shall be submitted to or conveyed pursuant to a timesharing or interval ownership arrangement. Section 8.13 Rules and Regulations. Consistent with and in furtherance of the intent, purposes and provisions of this Declaration governing the Common Interest Community rules and regulations may be adopted, amended, or repealed from time to time by the Executive Board. All rules adopted by the Association shall be reasonable and uniformly applied. The Executive Board may also establish and enforce penalties and fines for the infraction thereof which fines shall be collectable as assessments in the manner provided in Article VII above. mjhVowneplc\does\condo. de3 16 ARTICLE IX Design Review Section 9.1 Required Approvals. No structural improvements to the interior of a Unit or any structure or any attachment to the exterior of the buildings or to other existing structure, shall be constructed, erected, placed or installed within the Common Interest Community, including but not limited to, a change in painting and/or staining of exterior siding, unless complete plans and specifications thereto (said plans and specifications to show design, materials, color, location, as well as such other information as may be required) shall have been first submitted to and approved in writing by the Executive Board. The approval or consent of the Executive Board on matters properly coming before it shall not be unreasonably withheld or delayed, and actions taken shall not be arbitrary or capricious and decisions shall be conclusive and binding on all interested parties. Upon its review of any plans, specifications or submittals, the Executive Board may require that the applicant(s) reimburse the committee for actual expense incurred by it in its review and approval process. The Executive Board shall not refuse to permit any Unit Owner to make reasonable modifications to their Unit or to any Limited Common Element which the Unit Owner has the right to use, if such modifications are necessary under the Americans with Disabilities Act. Section 9.2 Periods of Restricted Construction. No major remodeling, renovations or other substantial construction work may commence, occur or be carried out in the Units during the period beginning December 1 and ending April 1 or between July 1 and Labor Day of each year unless the written consent of the Owners of the other Units (i.e., the Unit that is not the subject of such remodeling, construction or renovations) is first obtained. Nothing herein shall prevent any emergency or other repairs or routine maintenance or cleaning being made or performed at any time. Section 9.3 Variances. The Executive Board may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in this Declaration. Such variances or adjustments shall be granted only when the granting thereof shall not be materially detrimental or injurious to the other Units or Common Elements nor deviate substantially from the general intent and purpose of this Declaration. Section 9.4 Waivers. The approval or consent of the Executive Board to any application for design approval shall not be deemed to constitute a waiver of any right mjhVownep16doa\condo. de3 17 to deny approval or consent as to any application on other matters subsequently or additionally submitted for approval or consent. Section 9.5 Liabili . Neither the Association nor the Executive Board nor any members thereof, nor any representative of any committee designated to act on its behalf, shall be liable for damages to any person submitting requests for approval for any failure to approve or disapprove any matter within its jurisdiction under this Declaration. Section 9.6 Records. The Executive Board shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto. Such records shall be open and available for inspection by any interested party during normal business hours. Section 9.7 Enforcement. Enforcement of the provisions of this Article IX, may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provision. The Association and any interested Unit Owner shall have the right, but not the obligation, to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Article, the Association shall be entitled to recover its costs and reasonable attorney's fees incurred pursuant thereto, as well as any and all other sums awarded by the Court. Failure of the Association or any Unit Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ARTICLE X Insurance Section 10.1 Insurance Carried. The Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth herein and as set forth in the Act, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Colorado. Commencing not later than the time of the first conveyance of a Unit to a person other than Declarant, the Association shall maintain, to the extent reasonably available, policies with the following terms or provisions: (a) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of a Unit Owner and shall provide that such policies may not, unless otherwise provided by statute, be canceled or not renewed without at least thirty (30) days prior written notice to all of the Unit Owners, holders of first lien Security Interests and the Association. mjh\cownep1c\doa\condo.de3 18 (b) If requested, duplicate originals of all policies and renewals thereof or certificates or memoranda of insurance, together with proof of payments of premiums, shall be delivered to any Unit Owner or holder of a first lien Security Interests. (c) All liability insurance shall be carried in blanket form covering Declarant, the Association, the Executive Board, the managing agent, if any, and their respective employees, agents and all persons acting as agents. (d) Prior to obtaining any policy of property insurance or renewal thereof, pursuant to the provisions hereof, the Executive Board may obtain an appraisal from a duly qualified real estate or insurance appraiser, which appraiser shall reasonably estimate the full replacement value of the Units and the Common Elements, without deduction for depreciation and shall review any increases in the cost of living, and/or consider other factors for the purpose of determining the amount of the insurance to be effected pursuant to the provisions hereof. The total mount of property insurance must not be less than full insurable replacement cost (at the time of purchase of insurance and at each renewal date) less applicable deductions exclusive of land, excavations, foundations and other items normally excluded. (e) Unit Owners may carry and are advised to carry other insurance for their benefit and at their expense, provided that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such additional insurance carried by Unit Owners and provided, further, that the policies of insurance carried by the Association shall be primary, even if a Unit Owner has other insurance that covers the same loss or losses as covered by policies of the Association. In this regard, Declarant discloses that the Association's insurance coverage, as specified hereunder and under the Act, does not obviate the need for Unit Owners to obtain insurance for their own benefit. (f) All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Unit Owner guilty of a breach of warranty, act, omission, negligence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to the Unit Owner's interest, or who permit or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy, but the insurance under any such policy, as to the interests of all other insured Unit Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. mjh\townep1c\does\condo.de3 19 Section 10.2 Property Insurance on the Units and Common Elements. The Association shall obtain adequate property insurance covering loss, damage or destruction by fire or other casualty to the Units, to the Common Elements and the other property of the Association. The insurance obtained on the Units is not required to include improvements and betterments installed by Unit Owners. If coverage purchased by the Association includes improvements and betterments installed by Unit Owners, the cost thereof shall be assessed to each Unit in proportion to risk. All policies shall contain a standard non-contributory mortgage clause in favor of each holder of first lien Security Interests, and their successors and assigns, which shall provide that the loss, if any thereunder, shall be payable to the Association for the use and benefit of such holders of first lien Security Interests, and their successors and assigns, as their interests may appear of record in the records of the office of the Clerk and Recorder of the County of Pitkin, Colorado. Section 10.3 Liability Insurance. The Association shall obtain adequate comprehensive policy of public liability insurance against claims and liabilities arising in connection with the ownership, existence, use and management of the Common Elements, in such limits as the Executive Board may from time to time determine, but not in any event less than One Million Dollars ($1,000,000.00) per injury, per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. All liability insurance shall name the Association as the insured. Section 10.4 Fidelity Insurance. The Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, directors, trustees and employees and on the part of all others who handle or are responsible for handling the funds of the Association, including persons who serve the Association with or without compensation. The clause "officers, directors, trustees and employees" shall not include any officer, director, agent or employee of any independent, professional manager or managing agent heretofore or hereafter employed by the Association. The fidelity coverage or bonds should be in an amount sufficient to cover the maximum funds that will be in control of the Association, its officers, directors, trustees and employees. Section 10.5 Worker's Compensation and Employer's Liability Insurance. The Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. Section 10.6 Officers' and Directors' Personal Liability Insurance. The Association may obtain officers' and directors' personal liability insurance to protect miMtowneplc\docs\condo. de 20 the officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Association. Neither the term "officers" nor the term "directors" shall include any officer, director, agent or employee of any independent professional manager or managing agent heretofore or hereafter employed by the Association. Section 10.7 Other Insurance. The Association may obtain endorsements to policies or additional insurance against such other risks, of similar or dissimilar nature, as it shall deem appropriate with respect to the Association responsibilities and duties. Section 10.8 Insurance Premium. Except as assessed in proportion to risk as permitted under the terms of this Declaration, insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual assessments levied by the Association. Section 10.9 Managing Agent Insurance. The manager or managing agent, if any, shall be insured to the same extent as the Association, as herein provided, and as provided in the Act, for the benefit of the Association, and shall maintain and submit evidence of such coverage to the Association. Section 10.10 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Unit Owners, the Association and the Unit Owners hereby waive and release all claims against one another, the Executive Board and Declarant, to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by said person. Section 10.1 1 Annual Insurance Review. The Board shall review the insurance carried by and on behalf of the Association at least annually for the purpose of determining the amount of insurance required. Section 10.12 Adjustments by the Association. Any loss covered by an insurance policy described above shall be adjusted with the Association, and the insurance proceeds for that loss shall be payable to the Association, and not to any holder of a first lien Security Interests. The Association shall hold any insurance proceeds in trust for the Association, Unit Owners and holders of first lien Security Interests as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association, Unit Owners and holders of first lien Security Interests are not entitled to receive payment of any mjhVowneplc\doa\condo. de3 21 portion of the proceed unless there is a surplus of proceeds after the damaged property has been completely repaired or restored. Section 10.13 Duty to Repair. Any portion of the Common Interest Community for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association, except as provided in the Act. ARTICLE XI Special Rights of Holders of First Lien Security Interests Section 1 1.1 General Provisions. The provisions of this Article are for the benefit of all beneficiaries or holders of first lien Security Interests recorded within the Common Interest Community. To the extent applicable, necessary or proper, the provisions of this Article XI apply to both this Declaration and to the Articles and Bylaws of the Association. A holder or beneficiary of a first lien Security Interest who has delivered a written request to the Association containing its name, address and the legal description and the address of the Unit upon which its holds a Security Interest, shall be entitled to: (a) receive timely written notice from the Association of any default by a mortgagor of a Unit in the performance of the mortgagor's obligations under this Declaration, the Articles of Incorporation, the Bylaws or the rules and regulations, which default is not cured within sixty (60) days after the Association learns of such default; (b) examine the books and records of the Association during normal business hours; (c) receive a copy of financial statements of the Association; (d) receive written notice of all meetings of the Executive Board or Members of the Association; (e) designate a representative to attend any such meetings; and (f) receive written notice of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. ARTICLE X11 Enforcement Section 12.1 Enforcement. The Association or a Unit Owner or Unit Owners of any of the Units may enforce the restrictions, conditions, covenants and reservations imposed by the provisions of this Declaration by proceedings at law or in equity against any person or persons, either to recover damages for such violation, including reasonable attorney's fees incurred in enforcing these covenants, or to restrain such violation or attempted violation. Failure of the Association or of any Unit Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. mjhVownep1c\doo\condo.de3 22 ARTICLE XIII Amendments Section 13.1 Amendment to Declaration or Map. Except in the case of amendments that may be executed by Declarant or the Association as allowed by the Act or as provided below, this Declaration, including the Map, may be amended only by the vote or agreement of Owners of Units to which seventy-five percent (75%) or more of the votes in the Association are allocated. Every amendment to the Declaration must be: (i) recorded in the real estate records of Pitkin County, Colorado and is effective only upon recordation; (ii) indexed in the grantee's index in the name of the Common Interest Community and the Association and in the grantor's index in the name of each person executing the Amendment. Except to the extent expressly permitted or required by the Act, no amendment may create or increase the number of Units, or change the boundaries of any Unit or the Allocated Interests of a Unit, or the uses to which any Unit is restricted, in the absence of unanimous consent of the Unit Owners. Amendments to this Declaration shall be prepared, executed, recorded, and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the President of the Association. All expenses associated with preparing and recording an Amendment to the declaration shall be the sole responsibility of the Association except as otherwise provided in the Act. ARTICLE XIV Restoration and Termination Section 14.1 Restoration. If at any time all Owners and all holders of first lien Security Interests shall agree that the Common Interest Community has become obsolete and shall approve a plan for its renovation or restoration, the Association shall promptly cause such renovation or restoration to be made according to such plan. All Owners shall be bound by the terms of such plan and the costs of the work shall be a Common Expense. Section 14.2 Termination. If at any time an agreement to terminate the Common Interest Community is obtained from all Owners and all holders of first lien Security Interests in accordance with the provisions of the Act, the Association shall promptly undertake the actions required of the Association under the provisions of the Act. Upon completion of such actions by the Association, this Declaration shall automatically terminate without any further action. mlh\cownepk\dots\condo.de3 23 ARTICLE XV Condemnation Section 15.1 Appointment of Association as Attorney -in -Fact. Each Owner, on such Owner's behalf and on behalf of such Owner's heirs, devisees, legal representatives, successors and assigns, does irrevocably constitute and appoint the Association with full power of substitution, as such Owner's true and lawful attorney - in -fact such Owner's name, place and stead to deal with such Owner's interest in such Owner's Unit upon condemnation of such Owner's Unit with full power, right and authorization to execute, acknowledge and deliver any contract, deed or other document affecting the interest of such Owner, and to take any other action which the Association may consider necessary or advisable to give effect to the provisions of this Section 15.1. If requested to do so by the Association, each Owner shall execute and deliver a written instrument confirming such appointment. The action of the Association in settling any condemnation claim shall be final and binding on all Owners. Section 15.2 Entire Taking. If the entire Common Interest Community is taken under any statute, by right of eminent domain, or by purchase in lieu thereof, or if any part of the Common Interest Community is taken and the part remaining may not practically or lawfully be used for any purpose permitted by this Declaration, the Association (as attorney -in -fact for the Owners) shall collect the award made in such taking and shall sell the part of the Real Estate remaining after the taking, if any, free and clear of the provisions of this Declaration which shall automatically terminate upon the recording of a notice by the Association setting forth all of such facts without any further action. The award and the proceeds of such sale, if any, shall be distributed by the Association in the manner provided in the Act. Section 15.3 Partial Taking. If a taking occurs other than a taking specified in Section 15.2 hereof, then the Association (as attorney -in -fact for the Owners) shall collect the award made in such taking, shall promptly cause the portion of the Common Interest Community not so taken to be restored as nearly as possible to its condition prior to the taking, and shall prepare, execute and record an amendment to the Declaration which confirms any reallocation of the Allocated Interests made pursuant to the provisions of the Act. The costs of such restoration shall be a Common Expense payable by the Owners in accordance with respective Allocated Interests after any reallocation referred to in the preceding sentence. The award paid to the Association as a result of any such taking shall be disbursed by the Association as follows: mjh\towneplc\dots\condo. de3 24 (a) If a Unit is taken, the portion of such award attributable to such Unit shall be disbursed to the Owner of such Unit or the lienholders with respect to such Unit, as their interests may appear; and (b) Any portion of such award not disbursed pursuant to the provisions of Section 15.3(a) hereof shall be disbursed to the Owner of each Unit or the lienholders with respect to such Unit, as their interests may appear, in accordance with the reallocation of such Allocated Interests as referred to in Section 15.3 above. ARTICLE XVI Miscellaneous Section 16.1 Severability. Each of the provisions of this Declaration shall be deemed independent and severable. If any provision of this Declaration or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. Section 16.2 Term of Declaration. This Declaration shall continue and remain in full force and effect in perpetuity as the same may be amended from time to. time in accordance with the provisions of Article XIII, unless this Declaration be terminated in accordance with the Act. Section 16.3 Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Section 16.4 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 16.5 Colorado Law. The interpretation, enforcement and any other matters relative to this Declaration shall be construed and determined in accordance with the laws of the State of Colorado. Section 16.6 Disclaimer. Unless otherwise provided by the Act, no representations or warranties of any kind, express or implied, have been given or made by Declarant, or its agents or employees, in connection with this Common Interest Community, or any portion thereof, or any improvement thereon, its physical mjh\towneplc\dots\condo. de3 25 condition, zoning, compliance with applicable laws, fitness or intended use or operation, cost of maintenance or taxes except as expressly set forth in this Declaration. Section 16.7 Limited Liabilitv. A director or an officer of the Association shall not be liable for actions taken or omissions made in the performance of his or her duties except for wanton and willful acts and except for acts specified in §7-24-1 1 1 of the Colorado Revised Statutes. Unless otherwise required by the Act, Declarant and any agent or employee of Declarant shall not be liable to any party for any action or for any failure to act with respect to any matter arising in connection with the Declaration if the action taken or failure to act was in good faith and without malice. Section 16.8 Conflicts with Articles, Bylaws or Rules of Association. In the event of any conflict or inconsistency between provisions of this Declaration and the Articles or Bylaws or Rules and Regulations of the Association, the provision of this Declaration shall govern and control. Section 16.9 Covenants Running with the Land. Each provision of this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of the Declaration shall be deemed a covenant running with the land as a burden with and upon the title to each Unit for the benefit of all the Real Estate. IN WITNESS WHEREOF, the Declarant has signed this Declaration this day of July, 1997. By: STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) DECLARANT: TOWNE PLACE, LLC, a Colorado limited liability company Sam Korn, Manager The foregoing Condominium Declaration for the Summit Place Condominiums was acknowledged before me on this day of July, 1997, by Sam Korn as Manager for Towne Place, LLC, a Colorado limited liability company. WITNESS my hand and official seal My commission expires: Notary Public mjh\townep1c\flocs\condo.de3 2 • • EXHIBIT A Legal description of Real Estate and Recording Data LEGAL DESCRIPTION CARRIAGE HOUSE SUBDIVISION AND PLANNED UNIT DEVELOPMENT, according to the Plat thereof recorded June 9, 1995 in Plat Book 37 at Page 44 and in the Amended Plat recorded on May 29, 1996 in Plat Book 39 at Page 77 Recorded data for Easements and Licenses A. Reservations and Exceptions as set forth in Deeds from the City of Aspen recorded in Book 59 at Page 330 and in Book 59 at Page 559 providing as follows: "that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws." B. Terms, conditions, provisions, obligations and all matters as set forth in Subdivisions Improvements Agreement recorded June 9, 1995 in Book 783 at Page 93. C. Easements, rights -of -way and all matters as disclosed on the Plat and the Amended Plat. D. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 49, Series of 1994 by the City of Aspen recorded January 11, 1995 in Book 771 at Page 487, in City Planning and Zoning Commission Resolution No. 94-36 and City of Aspen Ordinance No. 65 Series of 1994, as same have been amended by Memorandum approved on March 7, 1996 by the City of Aspen Community Development Director. E. Terms, conditions, provisions and obligations as set forth in Occupancy and Rental/Sales Deed Restriction and Agreement recorded June 28, 1996 as Reception No. 394178. mjMtowneplc\docs\con do. de b Unit Unit Type A Residential B Residential C Residential D Residential Totals mjh\townep1c\dots\condo.de3 EXHIBIT B Table of Interests Percentage Share of Ownership in the Common Elements 25% 25% 25% 25% Percentage Share of Common Interest Expenses 25% 25% 25% 25% 1000/0 Votes in Affairs of Association 25% 25% 25% 25% 100% a4Oc A` `EY /16, LAT FOR TOWNE PLACE 65 X /g pQRK/NG s'�4G'E'r OF ASPEN VICINITY MAP SGAL� 0 Q♦Q0 o I R f..G, EC ooh.s, ,`l \ dFCG�C Cn'�\r`� � r, ,`` ORi ✓/v� GG,f//aOR/�.F�A[\\\\ y,9ey /az � eC 0 ,1` <Cf Cp GCf BK3i3f4 f WqG?s qO6 X � fCFo„_ � ��//•,- � I EgsT. DU,Q ITS o'�NT PLAT NOTES 1. This Condominium Plat is a part of the Declaration for the Towne Place Of Aspen Condominiums (the "Declaration"). The Declaration was recorded on 19 , as Reception No. 2. The Declaration reserves development rights allowing the sale of the affordable housing units in section 3.11 of the Declaration. 3. As used herein, "C.E." means Common Element and "L.C.E." means Limited Common Elements. Both such terms are defined and further described in the Declaration. 4. The real property described herein shall be benefitted by and subject to the terms and conditions of: (i) Subdivision Improvement Agreement recorded June 9, 1995 in Book 783 at Page 93, (ii) easements, rights of ways, and matters disclosed on the plat and amended plat recorded in Plat Book 37, Page 44 and Plat Book 39, Page 77, except to the extent that they have been modified by this condominium map, (iii) Ordinance No. 49, Series of 1994 by the City of Aspen recorded in Book 771, Page 487, City Planning and Zoning Commission Resolution No. 94-36 and City of Aspen Ordinance No. 65 Series of 1994 amended by Memorandum approved on March 7, 1996 by the City of Aspen Community Development Director and (iv) terms, conditions, provisions, and obligations set forth in Occupancy and Rental/Sales Deed Restriction and Agreement recorded June 28, 1996 as Reception No. 394178. 5. There are no encroachments or easements across any portion of the real property except as shown herein. 6. The source of the recorded easements and encroachments shown on this Condominium Map is Commitment for Title Insurance, Case No., PCT11401 Dated December 1, 1996 issued by Pitkin County Title, Inc. 7. Found survey monuments as shown. 8. Reference in this Condominium Plat notes or elsewhere in this Condominium Plat to recorded documents shall refer to documents recorded in the Pitkin County Real Estate Records. € 9. Units A through D inclusive are free market condominiums and Units 1 through 4 inclusive are affordable housing deed restricted dwellings. See Declaration for details. 10. The depicted Lots K through O refer to the original platted lots in Block 77, City and Townsite of Aspen and are for reference purposes only. QI NOTICE. According to Colorado law you must commence any legal action based upon any defect In this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. A/iEN�/E SURVEYOR'S NOTES 1. 0 Denotes found No. 5 Rebar and Yellow Plastic Cap LS 9184 2. 0 Denotes found No. 4 Rebar and Red Plastic Cap LS 16129 3. 0 Denotes found City Monument 4. ® Denotes 1.3'X 1.3' brick pillar 5. Lot area equals 14,946 sq. ft. more or less 6. LCE denotes "Limited Common Element" T CE denotes "Common Element" 8. CH denotes ceiling height at the indicated location 9. All areas not labeled as a Condominium Unit or Limited Common Element(LCE) are Common Elements 10. Elevations shown hereon are based on U.S.C. & G.S. benchmark of 7906.80' at the southwest corner of the Pitkin County Courthouse 11. Pitkin County Title, Inc. Commitment Case No. PCT11401 was used in preparing this survey. 12. This map is invalid as a legal document and possession or use of this map is unauthorized by the surveyor unless it bears the original signature and wet stamp of Carl R. Carmichael, P.L.S. 24303. Documents prepared by the surveyor and without a signature and wet stamp are to be viewed as preliminary and all information shown thereon is subject to change. CARL R. CARMICHAEL, P.L.S. P.O. BOX 1367 CARBONDALE,COLORADO 81623 (303 -963-0757) INDEX OF SHEETS SHEET 1: OWNER'S CERTIFICATE MORTGAGEE'S CERTIFICATE TITLE CERTIFICATE SURVEYOR'S CERTIFICATE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL CITY ENGINEER'S APPROVAL CLERK AND RECORDER'S CERTIFICATE VICINITY MAP IMPROVEMENT SURVEY PLAT NOTES SURVEYOR'S NOTES SHEET 2: CONDOMINIUM UNIT PLANS TRUE ELEVATIONS ASPEN CITY ENGINEER'S CERTIFICATE 1 1 City Engineer for the City of Aspen, Colorado, do hereby approve of this Condominium Plat of Towne Place Of Aspen containing Sheets to to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. COMMUNITY DEVELOPMENT _DIRECTOR'S CERTIFICATE 4� �C ROP' ��GG Aspen, Colorado, do hereby approve of this Condominium Plat for Community Towne Placevelopment OftAspen or for tcontaining he tf Sheets to TITLE EXAMINER'S CERTIFICATE The undersigned, a duly authorized representative of Pitkin County Title, Inc. registered to do business in Pitkin County, Colorado, hereby certifies that Towne Place, LLC, listed as owner on this map holds fee simple title to the real property described hereon free and clear of all liens and encumbrances except for the lien of the mortgagee named hereon. Although we believe the facts stated on this map are true, this certificate is not to be construed as an abstract of title, nor an opinion of title, nor guarantee of title, and it is understood and agreed that Pitkin County Title, Inc. neither assumes nor will be charged with any financial obligation or liability whatsoever on any statement contained herein. Date. Vincent J. Higens, President, Pitkin County Title, Inc. 601 E. Hopkins, Aspen CO 81611 SURVEYOR'S CERTIFICATE I, Carl R. Carmichael, do hereby certify that I am a professional land surveyor licensed under the laws of the State of Colorado; that this Condominium Plat for Towne Place Of Aspen containing Sheets to is true, correct and complete as laid out, platted and shown hereon, that this Plat was made by me from an accurate survey of the lands shown hereon by me or under my direct supervision in July of 1997 and accurately and substantially depicts the location and horizontal and vertical dimensions of the condominium units, boundary lines, utilities, improvements, encroachments and easements in evidence or known to me; that this Plat meets the requirements of a land survey plat as set forth i C.R.is Title 38 Article 51 -1 02 and of a plat as set forth in C.R.S. Title 38 Article 33.3-209. Survey cision s great han 1: 0,000. Car ` hael L.S. 24303 Date 243�i , Surveyed JULY 10,16, 1997 Revisions Drafted JULY 16, 1997 O 5 10 20 30 40 50 FEET SCALE.: 1 "=10' BASIS OF BEARINGS: A BEARING OF N.75009'11"W. BETWEEN A FOUND NO. 5 REBAR AND YELLOW PLASTIC CAP LS 9184 AT THE SOUTHEAST CORNER OF LOT O AND A FOUND CITY MONUMENT AT THE SOUTHWEST CORNER OF LOT K, BLOCK 77 WERE USED TO ESTABLISH BEARINGS FOR THIS SURVEY. CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS that Towne Place, LLC, a Colorado limited liability company, being the record owner of certain lands in the City of Aspen, Pitkin County, Colorado to wit: Carriage House Subdivision and Planned Unit Development, according to the Plat thereof recorded June 9, 1995 in Plat Book 37 at Page 44 and in the Amended Plat recorded on May 29, 1996 in Plat Book 39 at Page 77. Has by this Condominium Plat for Towne Place Of Aspen containing Sheets to laid out, platted and subdivided the above described lands into condominium units pursuant to the purposes stated in the Declaration for Towne Place Of Aspen Condominiums and said owner does hereby publish this Plat under the name and style of CONDOMINIUM PLAT FOR TOWNE PLACE OF ASPEN. Towne Place, LLC, a Colorado Limited Liability Company Sam Korn, Manager STATE OF ) ss COUNTY OF ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of , 19 by Sam Korn, as Manager of Towne Place, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: Notary Public MORTGAGE HOLDER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS that Alpine Bank -Aspen, beneficiary of that certain Deed of Trust recorded June 12, 1996 as Reception No. 393622 of the Pitkin County Records encumbering the lands shown hereon, consents to and approves this recording of this Condominium Plat for Towne Place Of Aspen containing Sheets to as though delivered and recorded prior to the delivery and recording of said encumbrance, and joins in the dedications made hereon to the extent of it's interest therein. Alpine Bank -Aspen By:(signature) Name:(print name) Title: STATE OF ) ss COUNTY OF ) The foregoing Mortgage Holder's Certificate was acknowledged before me this 1g , by as of Alpine Bank -Aspen (title) WITNESS my hand and official seal. My commission expires: Notary Public day of PITKIN COUNTY CLERK AND RECORDER'S CERTIFICATE This Condominium Plat for Towne Place Of Aspen, containing Sheets to is accepted and filed in the Office of the Clerk and Recorder of Pitkin County, Colorado at o'clock M., this day of , 19 Sylvia Davis, Pitkin County Clerk and Recorder By: Deputy n-7'7lo'2 Title WNUUMINIUM MHI'r Ur I VwIVC r-U-141-C "W — ' . Client KORN SHEET I OF 2 8:7 /- I M-S CH 75' II CRAWL SPACE LCE A tSHJLIVILIV I 105 10.`4 SOUTH ELEVATION FILL '7. 5' CH 7.5' Z 2.a' M-S 0 CRAWL SPACE LCE 8 11.5 FILL 7.5' w N CH 7.5' z.5' C in M-S CRAWL SPACE - LCE C -1 I BASEMENT AND FOUNDATION M- S=MECHANICAL& STORAGE AREAS(L.C.E.) I I 18.85' u o 8.15' n GARAGE -o a B CH 8.8' 1 2. 5' 1 e M /8.9 LOWER LEVEL FILL CRAWL SPACE LCE D b 18. 85' n GARAGE 0 0 a v D CH 8.8 12.5' 39 NO SCALE CRAWL SPACE LCE 2 FILL CRAWL SPACE LCE / CH 12.6 MECHANICAL (C.E.) 12.7' UNIT CH 8.6 1 4.1' 5.6 M9 8.9' SCALE: I°=10' 18.8' CH 8.8' d N 19.5' 27.0 27.0' 27.0' UNir 2 P I.� 5.6' N 12.7' 12.7' e.o a 0 4 0 - o o CH 8.8 p` D r r o a - � a 5.6' CH 8.8' C H 8.8 CH 8.8 CH 8.8 UNIT 3 4. 6' 12.6' 12.6 1 1 12.6' r 4.1' �'9 8.9' '� 8.9' ^� MAIN LEVEL f ---- 17.4 --, I-o - r - - - - - 14.2' ---- 14.2' --- 142 .2 _o to a' DECK L.C.E. 12.0' O DECK L.C.E. o D DECK L.C.E. 12.0' 12.0' _ DECK LV.E. _ 17.4' I I5.0 15.0' I I 15.0' I 3.5 N CH 12.3 j CH 12.3' I 1 CH 12.3 i i CH 12.3' 5.9 CH 8.0' 6.0. 1 I r I _- _1 --- ----- m I __--I----_--- I -------- �__-- I ---T--- ----- - - 1 0 I I \ I yCH 10.9 I P-_ { 3 14.5' I I CH 14.5 t I CH 14.5 I CH 14.5' __---_T---- -- ICH i------- 12.75 12.75' 1275' L---- UNIT I `/' I DECK L.C.E o' I I DECK L.CE 1 1 CH 11.3 1 I CH 113' o DECK L.C.E. - DECK L.C.E. I I CH 11.3' L---- - CH11.3 4 ----- o I I I o 4' ----- 4' ----- I 41' CH 11.7 I 3-- �1---9- 8.9 UPPER LEVEL CEILING HEIGHT AT WALLS=8.0' ROOF 7939.4' ROOF 7938. y' NOTICE: According to Colorado law you must commence any legal action based 1^0 R7v V u L l 1 C7,71 • ^• ••^•^ •- upon any defect in this survey within three years after you first discover such defect. CAR L R. CAR M I C HA E L, P. L.S. Drafted JU LY 1997 In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. PO. BOX 1367 CARBONDALE,COLORADO 81623 (303 -963-0757) rake rewnnuIR1111M MOP OF TOWNE PLACE Job No 977193 SHEET 2 OF 2 CHWA KORN RRS MIEV i FWED AND APP00YED Jw f R L THE CAM IAM NDMASE SAAC'. I:; .N _a_ >-.AMN= .M ' ♦. :.YRIFN Is }I&*cT TO TWAT CERTA,N SUW,v :.v-►.Y; A,y%EN'v N►• , REC'Mf a r N DOCK 7" AT ►AQf i 3 . • � Y c c COESITr CLERK MD EECORMS 3 TFE TgRS/3 ARG CORA•N I T I ONS OF C r OF A S►C NN ►.- AaRM , ANC tat' "DOI"l: SSIaN IIIESCLIJTION IV ?4-36 GRANT -NU S►EC?A A+v ER A'N, vA THE :.ARS 4 Arc EEMFEE SL�f V f S 1 ON AM FLAW :s 'JN I T if YE _ O►IIW I1 T "+ -y 2� f . ►%" 'NG ARf iKpORIORATEO E,90tEi4 Sr REFC*ENCE • THE TEkUS AND %AMDI "ION$ OF CITY OF ASrN IIT, {O,wK . OKO; NAAICE NB 49. SERIES OF Ift41 SRANT a NO A alai E)IWT I goFOR TI* C)KS TRUC T , Oar IW OF FOFREE WASIET aWELL I011111 W,TS AM r&A .ffofty-�E MOUt LNG 191'S SM.AJ.'.1V'SI0b A♦••+CvA., AM 1196M 4104T; STATNS TO Tog CNFR AGE Ho,t, SIAr1' Y! t ' O► ARK' *�- AMSSESI UMf T DE VELOF'MEKT ARE I NCOR►ORA TED iRE � N E` 41111fNg tau S. ISE TERM/ AW, COKIDI T/EMES OF (.1 TT CIF AS►C,I CAUN� L oa), N,A1AC1: ,, t. Sdfis dr t"11. MANTAS A F AWA WT 2NEVELla14WJV 5fERLIT AND , A IMIJ KM!/MDT VAR I AMIX TO K &JQ flE CA M f AIK INCU'S£ h N , V , S . ON .,N, ftAIW-4 4041T Wr-;L&"WKT-S WEE7 stag rAal SEfDACX Aaf iNY AR►ORi, tEO 4[j.. As $VNI i'i AMaiL M161grga.'ajS'(N :MataNIM Fat Ti* CARR M£ NOINSL :mIV1S13b AMA RLJM1 ratilT ratlLar"DIT Jul A/M'ROVE'D at TEIE AS►cN CALM Tr SIMLA/MOW WtIWTolA an >EIIICIN I im TqE TF-U$ 11Ri Com" 14 OF TIW ct"I ITY agIv.40ow S&MV10I+T , R%Km b, +Wtl ML,A).TAwuN O l7AMNN�-r►AMTa /AW MReRrste,ATrN► s!-_i �v__ aj.y,NE-F V1,,.6.' iD TQ .. 91[Ai4 -A*11116 WW- 4W XIOW AW left AtYilq R*: W ►" s `-' iePi`gLS 0 NNN'R PLAT It. ml rowr -4.:.*. •/4RA -IV i -3AV1 a' ■Y'A /10100011. to IA °t41 T 1w a.•" ACTION . MA1 0 V-- 1Y7 SZI.aO. 7 49 r101 ► X W 40#:,'K'U f*W :AN MINI! OW 'By /'_^� A % ) lId 1Fr a-' .MID SUR YT T 9.006VI'l SASS )i SEAR OM AND THE M ;All SLR 9LOCR ►RER3l TE'-) IIASt�. Wits a" I C I AL owr OF RECORD 06$ftRTf L,Nst �, 1KI-4 CWAtY T, T_E, -. II43 USES, IN T• 11 ►4"A.. • SIAWY CORTTRtt s+ r. L! Y '_ I T -I-- A ,1 __ I 111FofI1[4) 1 '-4O-NIa " � �PIA-1.1:W 'I) Fl: 1 a 1. 1)L -1 v „ N i y STOW A COW WALL ON ►ROR LIME `+A► ADD OJ Aft a ASPEN SURVary f A 11 A It t" --tSt •,at:tN�S ..A' ''� ✓..ALE A CV OF kn^ 'i.L AB '' :07 Aar 13 a1k MEtdR5 R j �. u',t h COON' n'O O�A00 Dq Saa,REs• ;OryNS TT K �3►EIt �y E 5A ' Rt A. ►Oros,' RSP;A WNOFWN' OI '4 CAA.' ACE .,DLSE Step:) vS ON AM: �•. AARWC .;h DEVE. 00.4N' IA, pEp, ,U 'tiE COM>7Nvi* OA TKROh -t AM E GMT '!, JN. T qUi T Fqy.. T • !EC' CONS S' LNG OF 'OLM • i*EE !' KU VW'S 4C "OUR •: AfFCRE)WE a10VS NG UN,'3 D4:.S -FAF GRAN' ') T.4 AP►R►R O' Alf U? 1. TT CONCERNS FOR THE NON f Xr-L W V, USE IMEOPEOF ANY AM AL! MJat,C UT CASEI+iv•a5,4)^ ANC vo,i NFRFOn N # 'NE SS R,"f Nf i;. �N1N•. % I•1 �t: f•'A,;P . - ,.,. ACF At , . T • Cp,A►Ahv -t1T,; ` EASE agAkao,MG PlowR Y• �� aRANSFbE s# J ,1►G ?•E Tom'----��- 11 YRNR�1r �Ifa[R ��.LRS STATF OF 'SS COtMITy D. T 4�OEEOO i Nt Ns T . 11 A S ACK1pR F. pp� Pr F 'ot3 11 0;; oEA � F?«R _. As gANAGtNC Nfi�ER 0i 'OMIF I", ACT CF . �.k Ll W'Y� 7ED Ap iv CCR►ANY R,TNSS fq� ss *NE AND pFF,C, AL SEAL ,,, ■ tw1 C'dMi SS I ON ENIP + RES NOT; ►jam i C _— --- n i TATF ON Couwir a P-M., 1 SS TINE I IIa 1 NET WAS A1i,71RMaW1 £ .><NE-..'I�� TNf o SOAr OF - AS •RASYIWAA�FEFraR OF --.-AD-L,Tv TO►LACE I.a.C, A SOA06 L'N«17'gy AN, W; TN[ Si AY 4Atfi AMC a" IC AL stA,. qr CTIWISS,ON FI1►I*F$ M't.M-%• 41111L .i w,AMv ►S IC SCALE SUIRVEYM CMMTj CA I IRK K la igET MW ♦ I AN A' o s Na Is to Cf iY NW#WEVS PROVAL /�'- '/ �/`/ -J c�� //- - ' ,/ // 2735-124-09-002 �V"--V-"'AA55-97 Margerum/McLean ADU (OX jNS��'��51`Q� ol 0 -473s- iaL/ - o � -ooa Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970)920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MR011 Use Tax 10000-67100-383 Park Dedication 15000-63050480 All Commercial 15000-63065482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 62023-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 Wildlife Officer Sales: 00113-63830-039 County Code -69000-145 Copy Fees - - -- —— Other Nam 4 a' Address: --M�'-- -- oa Total- 4-� Date:% _ Check/. U_ Proj t: _ Case No /�� S-- 9! 7__ No. of Copies CASE TYPE: FINAL ACTION DATE: PLAT SUBMITTED: PLAT (BK _PGA.. REMARKS: p�►-tat +�S_ f RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A VARIANCE FROM SECTION 26.58.040(F)(12), RESIDENTIAL DESIGN STANDARDS, VOLUME, AND OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE McLEAN/MARGERUM RESIDENCE LOCATED AT 627 WEST SMUGGLER STREET, LOT 1, OXLEY LOT SPLIT, CITY OF ASPEN Resolution 97- Q3 WHEREAS, The Community Development Department received an application from Mr. Chuck McLean and Mrs. Amy Margerum, owners, for a Conditional Use Review for a below -grade Accessory Dwelling Unit having approximately four hundred fifty one (451) square feet; and WHEREAS, the applicants requested approval of a proposed design for a single-family residence on the property located at 627 West Smuggler Street; and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code, Community Development Department staff also reviewed the applicant's application for compliance with the Residential Design Standards of Section 26.58.040 of the Aspen Municipal Code and found the submitted development application to be inconsistent with the Standard 26.58.040(F)(12), Volume, of the Aspen Municipal Code; and WHEREAS, Section 26.58.020(B)(2) of the Aspen Municipal Code provides that if an application is found by staff to be inconsistent with any item of the Residential Design Guidelines, the applicant may either amend the application or appeal staffs findings to the Planning and Zoning Commission pursuant to Chapter 26.22, Design Review Appeal Board, and WHEREAS all applications for appeal from the Residential Design Standards of Section 26.58.040 must meet one of the following statements in order for the Planning and Zoning Commission to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; . b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints; and WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting of the Planning and Zoning Commission on August 19, 1997, at which the Commission approved by a 5-0 vote both the Conditional Use for the McLean/Margerum Residence's Accessory Dwelling Unit with the conditions recommended by the Community Development Department and a variance from standard 26.58.040(F)(12), volume, as it relates to all four elevations of the proposed structure; and WHEREAS, the approval of the variance request was based on a finding that the proposed design more effectively addresses the issue or problem the "volume" standard responds to (variance criterion "b"), and the motion approving the variance did not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible," with the exception of the one transom window on the west elevation. NOW, THEREFORE BE IT RESOLVED by the Commission: Section One: A variance from the "volume" standard, Section 26.58.040(F)(12), as it relates to all four proposed elevations of the McLean/Margerum residence is approved based on a finding by the Commission that the proposed design more effectively addressed the issue or problem that the "volume" standard responds to. The approved variance does not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible," with the exception of the one transom window on the west elevation. The Conditional Use for a below -grade Accessory Dwelling Unit containing approximately 451 square feet attached to the proposed McLean/Margerum residence at 627 West Smuggler Street is approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one -bedroom unit; e. Provide a minimum of one off-street parking space for the ADU that shall be shown on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights -of -way; g. Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way; Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights -of -way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado; k. In the event required, a tree removal permit must be obtained from the Parks Department for any trees that are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s); 1. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; a separate service line and tap will be required for the accessory dwelling unit. Payment of the total connection charges shall be made prior to the issuance of a building permit; and, in. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights -of -way and indicate that they will be either relocated onto private property or be removed, or be licensed. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, The applicant must sign a curb and gutter construction agreement, and pay recording fees (this requirement was a condition of the Oxley Lot Split approval). 3. In the event required, the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights -of -way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU. 6. The existing driveway in the front yard must be removed, and the area must be restored. 7. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its regular meeting on August 19, 1997. APPROVED AS TO FORM: David Hoefer, Assistant CVy Attorney Attest: ckie Lothian, Deputy City Clerk Planning and Zoning Commission: Sara Garton, Chairperson e .1 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development it forte/ Julie Ann Woods, Deputy Director � y�'^3 FROM: Mitch Haas, City Planner __ RE: McLean/Margerum Residence Conditional Use for an Accessory Dwelling Unit (ADU) - Public Hearing. 627 W. Smuggler Street (Lot 1, Oxley Lot Split) City of Aspen Parcel I.D. No. 2735-124-09-002. DATE: August 19, 1997 SUMMARY: The applicant is requesting Conditional Use approval to construct an Accessory Dwelling Unit (ADU). The applicant owns a lot at 627 W. Smuggler Street and will be constructing a single family residence. The lot contains an existing single family home which will be demolished and replaced. The proposed ADU would be below grade and attached to the corresponding, primary residence. Pursuant to Section 26.100.050(A)(2)(c), the applicant will provide an ADU and, thereby, obtain a GMQS Exemption enabling the property owner to construct a new single-family home pursuant to City Land Use Regulations. The applicant is NOT seeking an FAR bonus, but understands that the unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units. As an FAR bonus is not being sought, the housing office shall not have the right to fill the unit if it is left unoccupied for extended periods. The proposed residence (principal residence) contains a few windows that were found by staff to violate the provisions of the "volume" standard (Section 26.58.040(F)(12), Residential Design Standards). Given the three options of accepting a 2:1 floor area penalty for certain areas of the proposed residence, redesigning the proposal to comply with the volume standard, or seeking a variance from the volume standard, the applicant is requesting that the Commission grant a variance from said standard. The applicant's Conditional Use Application is attached as Exhibit "A" and referral comments are included as Exhibit "B." Community Development staff recommends that the Conditional Use for the Accessory Dwelling Unit (ADU) at 309 W. Hallam be approved, subject to conditions. APPLICANT: Mr. Chuck McLean and Mrs. Amy Margerum, represented by Barbara Long & Associates. LOCATION: Lot 1 (one) of the Oxley Lot Split is located at 627 W. Smuggler Street in the City of Aspen. The lot is bounded by W. Smuggler Street to the north, W. Francis Street to W the south (beyond the alley), 5th Street to the east, and 6th Street to the west. (See attached vicinity map). The surrounding uses are all residential in nature. ZONING: Medium -Density Residential (R-6) CURRENT LAND USE: Single-family residential. LOT SIZE: The subject site has a lot size of 7,500 square feet (the area of this lot may be subject to reductions such as those associated with slopes of 20% or greater). ALLOWABLE FAR: 3,450 square feet. (This FAR calculation is an estimate only, and is based on a 7,500 square foot lot containing no slopes greater than 20%, no right-of-way easements, no vacated rights -of -way, or any other encumbrances which might subtract from the lot area; also, it does not take into account sub -grade areas, garage area calculations, or any potential for FAR bonuses). PROPOSED LAND USE: One detached single-family residence with an attached accessory dwelling unit in the basement. Detached residential dwellings are permitted uses on lots of 6,000 square feet or greater in the R-6 zone. REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). The following sections of the code are applicable to this conditional use review: Section 26.40.090, Accessory Dwelling Units; Section 26.28.040, Medium -Density Residential (R- 6); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040, Residential Design Standards. Pursuant to Section 26.58.040, Residential Design Standards, Community Development Department staff reviewed this proposal against the Residential Design Standards and found that the submitted development application, as proposed, would require a variance from the "volume" standard (26.58.040(F)(12)). BACKGROUND: The lot in question was created in 1993 with City Council's passing of Ordinance 57, Series of 1993. This Ordinance granted a subdivision exemption for a lot split (See Exhibit "C"). The proposed development of lot at 627 W. Smuggler Street (Lot One of the Oxley Lot Split) is consistent with and complies with the conditions of approval outlined in Ordinance No. 57, Series of 1993. The current proposal is for conditional use approval of an ADU. The ADU would be located in the basement of the primary residence. As proposed, the ADU would be 451 square feet and would have its own kitchen, bathroom, and access, as required by code. The two -car garage, its associated driveway, and an additional parking pad accessed from the alley, will provide the three (3) required off-street parking spaces (See Exhibit "A"). By creating an 2 ADU meeting the provisions of the code, the applicant would be granted a GMQS Exemption for the construction of a new single-family home on the lot, provided the home complies with the City Land Use Regulations. REFERRAL COMMENTS: The comments from the Aspen Consolidated Sanitation District, and the City Engineering, Housing, Zoning and Parks Departments are included as Exhibit B. STAFF COMMENTS: Section 26.40.090, Accessory Dwelling Units The proposed ADU will contain 451 square feet (See Exhibit "A") and will be deed restricted, meeting the housing authority's guidelines for resident occupied units, limited to rental periods of not less than six (6) months in duration. The owners of the principal residence will retain the right to place a qualified employee(s) of his/her choosing in the ADU. One (1) off-street parking space will be provided on -site, and will be accessed from the alley. Therefore, the proposal complies with the requirements of Section 26.40.090(A)(1). Pursuant to Section 26.40.090(A)(2), the ADU is subject to all of the dimensional requirements of the underlying zone district, Medium -Density Residential (R-6), because it will be attached to the principal residence. An evaluation of the proposal against these requirements is provided below. Also, since the ADU will be attached to the primary residence, Section 26.490.090(A)(3) is not applicable. Section 26.40.090(A)(4) states that "an attached accessory dwelling unit shall utilize alley access to the extent practical. " The proposed ADU and its off-street parking space would be accessed from the alley. Section 26.40.090(B), Development Review Standards, contains the development review standards for detached accessory dwelling units and, therefore, does not apply to this application. Regardless, the proposed ADU will appear as part of the primary residence, and it will be below grade; thus, it will be compatible with and subordinate in character to the primary residence. This property is located in the West End neighborhood which is, for the most part, made up of single family residences, many of which have attached or detached accessory dwelling units associated with them. The proposed ADU will be compatible with the character of the existing neighborhood and will not create a density pattern incompatible with that already established in the area. Section 26.28.040, Medium -Density Residential (R-6) Accessory dwelling units are permitted within the R-6 zone district as conditional uses. The lot has an area of 7,500 square feet. The required side yard setbacks call for a minimum of five (5) feet, but both sides combined must total at least 22.5 feet. The minimum front and rear yard setbacks are ten (10) feet each, but must combine for a total of at least thirty (30) feet. The site coverage is not allowed to exceed thirty-five (35) percent (2,625 square feet), and the maximum roof height cannot exceed twenty-five (25) feet, as measured to a variety 3 of points depending on the particular roof slope. The maximum allowable floor area is 3,450 square feet, and there must be a total of three (3) off-street parking spaces provided (two (2) for the principal residence and one (1) for the ADU). The proposed plans indicate that the development would meet all of the dimensional requirements of the zone district, and this will be verified at the time of building permit application (See both Exhibit "A" and the referral comments from the City Zoning Officer in Exhibit "B"). Section 26.60.040, Standards Applicable to All Conditional Uses Pursuant to Section 26.60.040, a development application for a conditional use approval shall meet the following standards: (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. The stated purpose of the R-6 zone district "is to provide areas for long-term residential purposes with customary accessory uses. " ADUs are allowed as conditional uses in the R-6 zone district, and the proposal will be required to meet or exceed all of the dimensional requirements associated with the zoning. Furthermore, one of the stated themes of the AACP with regard to "revitalizing the permanent community" is to "increase resident housing." Also, the proposal is consistent with the following purposes, goals, objectives and standards of the AACP: • "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs;" • "Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village;" and, • "The public and private sectors together should develop . . . employee -occupied accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of residents." Staff finds that this conditional use application for an ADU complies with Section 26.60.040(A). (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The subject parcel is surrounded by residential uses, some of which have associated accessory dwelling units, and the proposed ADU use is both consistent and compatible with the existing residential development in the immediate vicinity. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. 4 As mentioned earlier in this memo, the proposed ADU will be sub -grade and will appear as part of the principal residence; thus, its location, size and design will minimize any potential adverse visual impacts. Like all of the surrounding properties, the ADU's parking and trash service will be accessed from the alley at the rear, of the property. No noise, vibration, or odor related impacts are anticipated. The proposed ADU will operate like any other residence or ADU found in the neighborhood. The anticipated impacts will be negligible. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. There are adequate public facilities and services to serve the proposed use. It will be within an existing, well -established neighborhood. See Engineering referral comments, attached as Exhibit B. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. While the proposed development of an ADU will not generate an increase in the employment base, the applicant will be supplying an ADU which, pursuant to Section 26.40.090(A)(1), will be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County for periods of not less than six months in duration, thereby serving the need for increased affordable housing in the City of Aspen. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. The proposed conditional use will comply with all additional standards imposed on it be the AACP and by all other applicable requirements of the Municipal Code, such as those contained in Section 26.58.040, Residential Design Standards. Section 26.58.040, Residential Design Standards The proposed design of the McLean/Margerum Residence was reviewed by staff against the Residential Design Standards of Section 26.58.040. Staff found the proposed design to comply with all but one of the design standards, namely standard 26.58.040(F)(12), Volume. Simply put, this standard requires that there be no windows (facade penetrations/ fenestration) in any areas of the first or second floors that lie between nine (9) and twelve (12) feet above the height of the floor (plate height). That is, there can be no windows between nine (9) and twelve (12) feet above either the first floor or the second floor. As proposed, all four elevations contains violations of the "volume" standard. On the south elevation, several proposed windows would be in violation of the volume standard, specifically the transom windows above the first floor french doors, the transom window in the second story dormer, the window grouping behind the spiral staircase, and the triangular shaped windows in the gable end. The south elevation faces the alley, and the windows 5 J behind the stairs and in the gable end would be obscured from sight due to their location behind other building elements. The north, street -facing elevation contains dormers with windows that violate the volume standard. The east elevation contains dormers with transom windows that do not comply with the standard, and the west elevation has parts of three separate windows (approximately six inches worth, each) that violate the volume standard. Also, it should be noted that all windows labeled on the proposed elevations as "possible," would be in violation of the volume standard and should be eliminated from the plans. Under the "volume" standard, the applicant is left with three (3) options when it is determined that the proposed design does not comply: first, the applicant can choose to redesign the proposal to comply with the standard; next, the applicant can appeal staff s finding to the Design Review Appeal Committee or other appropriate board; lastly, the applicant can choose to accept a floor area penalty which would count the area in violation twice (2:1). In the current case, the applicant has chosen to appeal staffs finding to the Planning and Zoning Commission in an attempt to obtain a variance. If a variance is to be granted, it would have to be based on one of the following three criteria: (a) the proposed design yields greater compliance with the goals of the Aspen Area Community Plan; or, (b) the proposed design more effectively addresses the issue or problem the given standard responds to; or, (c) a variance is clearly necessary for reasons of fairness related to unusual site specific constraints. The intention of the volume standard is to prohibit windows that appear to span from the first level of a residence to the level(s) above and to maintain a pedestrian scale. In considering the variance request, the DRAC must decide whether or not the proposed design more effectively addresses this issue than would a redesign that meets the standard. In staffs opinion, the proposed design for the north, east and west elevations meets this standard, as the design would appear incomplete if the windows did not extend into the dormers. Also, none of the proposed windows on the north, east or west elevations appear to span beyond the limits of their respective stories. In terms of the south, alley -facing elevation, none of the proposed windows appear to span from one story to the next, and the windows in violation of the standard are for the most part obscured from view by other building elements such as the room above the garage and the spiral staircase. In summary, staff supports granting of a variance from the volume standard as it relates to all four proposed elevations of the McLean/Margerum residence. While not complying with the letter of the "volume' standard, staff feels that the proposed design is in harmony with the intent and spirit of the criteria. The variance, if granted, would be based on a finding that the proposed design more effectively addresses the issue or problem the "volume" standard responds to. Staffs support for the variance request needs to be qualified to make clear that the variance supported by staff would not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible." STAFF FINDINGS: Based upon review of the applicant's land use application and the referral comments, Community Development staff finds that there is sufficient information 6 to support the request. The proposal meets or exceeds all standards applicable to the review of Accessory Dwelling Units as conditional uses. Staff also finds that a variance from the requirements of the "volume" standard is warranted as the proposed design more effectively addresses the issue or problem the given standard responds to that would a design without the non -complying windows. RECOMMENDATION: First, Community Development Department staff recommends granting a variance from the volume standard as it relates to all four proposed elevations of the McLean/Margerum residence, based on a finding that the proposed design more effectively addresses the issue or problem the "volume" standard responds to. The variance supported by staff would not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible." In addition, Community Development Department staff recommends that the conditional use request for an Accessory Dwelling Unit at 627 W. Smuggler Street be approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one -bedroom unit; e. Provide a minimum of one off-street parking space for the ADU that shall be shown on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights -of -way; g. Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights -of -way; the agreement shall be executed and recorded concurrently upon approval of this application; Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado; k. In the event required, a tree removal permit must be obtained from the Parks Department for any trees that are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s); 1. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; a separate service line and tap will be required for the accessory dwelling unit. Payment of the total connection charges shall be made prior to the issuance of a building permit; and, m. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights -of -way and indicate that they will be either relocated onto private property or be removed, or be licensed. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, c. The applicant must sign a curb and gutter construction agreement, and pay recording fees (this requirement was a condition of the Oxley Lot Split approval). 3. In the event required, the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights -of -way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. N 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU. 6. The existing driveway in the front yard must be removed, and the area must be restored. 7. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. ALTERNATIVE RECOMMENDATIONS: The Planning and Zoning Commission may decide to approve the proposal with the conditions outlined. above, approve the proposal with additional and/or modified conditions, or deny the conditional use request for an Accessory Dwelling Unit. Also, the Commission may decide not to grant the requested variance in part or in full, as it relates to each proposed elevation. RECOMMENDED MOTION: "I move to approve the conditional use request for the proposed Accessory Dwelling Unit at 627 W. Smuggler Street with the conditions outlined in the Community Development Department memo dated August 19, 1997. In addition, I further move to approve a variance from standard 26.58.040(F)(12), volume, as it relates to all four elevations of the proposed structure finding that the proposed design more effectively addresses the issue or problem the `volume' standard responds to. The variance does not allow for those windows indicated on the submitted drawings as dashed lines and labeled as `possible'." EXHIBITS: "A" - Conditional Use Application "B" - Referral Comments "C" - Ordinance 57, Series of 1993 9 0 LAND USE APMC=ON FORM • 1� ProJcct ttamc MCLFA MARGERUM RESIDENCE 2) 13oject Location 627 W. SMUGGT FR (LOT 1 OXLEY LOT SPT,IT ) ASPEN, COLORADO (indicate stm-eet address, lot & block amber, legal descsiTti n where appraprnate) 3) 5) Present Zo nirxj Applicant's Name, 305 REDTAI•L R - 6 4) Address & PtIone # CHUCK MCLEAN CT., BASALT COLORADO 81623 Lot Size 7500 S . F . & AMY MARGERUM (927-9727)- 6) Reprtive s Name, rt3cir�S & Ptxx�e r° BARBARA LONG & ASSOCIATES 315 E. HYMAN AVE , ASPEN, COLORADO 81612 (925-6880) _ 7) Type of Application (Please cheek all that apply) : Oonditional Use Caxmpbsal SPA �al historic Dev- Serial Review Final SPA Final Historic Dev- 8040 Greenl.ine Conoepbsal FUD Mirror Historic Dev- Stream Margin Final PUD Historic Dcmnolition Maintain View Plane b3rrkxLi ni tmi i zation Lot SpLiVT of Line Adjustment Text,/M Ammdm?sit Historic Designation Q-IQS Allotment otment 8) Descriptic. of a Gti ng Uses • • (n.=ber and type of eK 5ti r a stnx'ta rres; appruxxmt,e sq_ ft_ : r am ber of bedroms; any Pmevi�oes 'Wracrais granted to the PAY) - ONE EXISTING SINGLE STORY RESIDENCE WITH BASEMENT - 9) pe<,=ption of Development Application A.D.U. TO BE LOCATED IN A NEW RESIDENCE r 10) I lave you attar ed the follovirW- Respo[tse to Att awdm eat 2, M i n i m sn o ,+jm <z: ion Oontents F c to Attac=nt 3, Specific Sk�s ian Contest! Respozse to Attact=ent 4, Review Standards for Your Application -71p4/97 �Lh.J MEMORANDUM To: Mitch Haas, Planner Thru: Nick Adeh, City Engineer 4,1 ' From: Chuck Roth, Project Engineer 0-1z- Date: July 31, 1997 Re: McLean/Margerum Conditional Use Review for an ADU I have reviewed the above referenced application, and I have the following comments: 1. Improvement Survey - The application did not include an improvement survey, and it is a requirement to include in the application packet a document that is specifically titled "improvement survey" and that is wet signed and stamped by a surveyor registered to practice in Colorado. The date must be within the past 12 months. 2. Encroachments - The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights -of -way and indicate that they will either be relocated onto private property, or be removed, or be licensed. 3. Driveway - The proposed access is from the alley. The existing driveway will need to be removed and the area restored. 4. Sidewalk, Curb and Gutter - The site is located in the West End where sidewalks are excluded from being built. However the "Pedestrian Walkway and Bikeway System Plan" does indicate that there should be pedestrian usable space off of the street surface. Therefore, the building permit drawings must indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage. The site lacks curb and gutter. The applicant needs to sign a curb and gutter construction agreement, and pay recording fees, prior to issuance of a certificate of occupancy. This requirement was indicated in the Oxley lot split approvals. 5. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. 6. Site Drainage - As provided for in the parcel lot split approvals, the site development must meet the requirement of runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f, and the building permit application will have to include a drainage mitigation plan (24"06" size plan sheet or on the lot grading plan) and a report, both signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan. 7. Streets Department - The alley is plowed to the sides, and the property owner must clear snow as needed for access. 8. Work in the Public Right -of way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. M97. l 11 2 MEMORANDUM TO: Mitch Haas, City Planner FROM: Sara Thomas, Zoning Officer RE: McLean/Margerum Residence, Conditional Use review for an ADU DATE: August 4, 1997 The McLean/Margerum residence is located on a 7500 square foot lot in the R-6 zone district, which has the following dimensional requirements: Setbacks: Front Yard Setback - 10 feet Rear Yard Setback - 10 feet Combined Front and Rear for Principle Building - 30 feet Side Yard Setback - 5 feet minimum with 22.5 feet combined The exterior ADU access can encroach into the required side yard setback only if it meets the minimum UBC requirement for egress. Allowed floor area - 3450 square feet. This figure is based on a 7500 square foot lot which contains no slopes greater than 20%, no right of way easements, no vacated right or ways, or any other encumbrances which might subtract from lot area. Maximum Site Coverage - 35% (2625 square feet) All floor area calculations, setbacks, site coverage and height measurements will be verified at time of building permit. 2sy- -n G012soIo(a1eo(6anr1afron 4b- & 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925-3601 FAX #(970) 925-2537 Sy Kelly • Chairman Michael Kelly Paul Smith • Treas. DECEIVED Frank Loushin Louis Popish • Secy. Bruce Matherly, Mgr. July 28, 1997 j 111 p 1997 Mitch Haas ASPEN i PI C InPMENT Community Development COMMUNI' Y DF f 130 S. Galena Aspen, CO 81611 Re: McLean/Margerum ADU Dear Mitch: The Aspen Consolidated Sanitation District currently has sufficient collection and treatment capacity to serve this development. Service is contingent upon compliance with the District's rules, regulations, and specification which are on file at the District office. The total connection charges for the proposed addition can be determined once detailed plans are available and a tap permit is completed at our office. Since service is already available to the existing residence, we would request, as a condition of approval, payment of the total connection charges prior to the issuance of a building permit. Please call if you have any questions. Sincerely, Bruce Matherly District Manager EPA Awards of Excellence 1976 • 1986 • 1990 Regional and National MEMORANDUM RECEIVE® JUL 2 Z 1997 ASNLN / NITKIN TO: Mitch Haas COMMUNITY DEVELOPMENT FROM: Karma Borgquist, Parks Department DATE: July 22, 1997 RE: McLean/Margerum Residence We have a tree removal permit application complete with mitigation on file and have no other concerns with this application. planning.margerum 1 eAIIIL 4 i I CLOSET 0 STORAGE 0 y 94 m M �w`+"` �"_ 1— I FAMILY LOYVER LEVEL �L004 PLAN ��+VI�✓I�it7 L-AT'vtjT ) pie . •-0• �1AIN LEVE_ FLOOR PLAN 14 DECK <Coc,�.o \1 A I/ n; - — - — - — - - - — ryl 4 � \ IAPPX PX. 7-0 HT. OFFIGE - ------ 2• Nr..! 24'-0' PECK - MA5TEWSUl Tr: ALOw 7 M rMLL DlfOO ON �ROp. L^Yvff (2.® /LKalMf . momau MIMFLK.L M) F=ER LEVEL FLOOR PLAN ig..-0• 20'-0' 13-0 �-I 11 II II II II II II II II II II II II II II II \ II II BE'DR:)OM xl I I I it II - II II II II o II II m II II 11 �TT1 OII I I I I II I I I I BATH/ ' I I I I I I NE II I I I I II I I I I i I I I' 1I � II II II � II I Q O BATH ,{ BATH v v — - — -BEDROOM K2 � ry I f �� ,t zl I } I } I ,I I II t II II I I I � ;I jl II ;I II II I II I I I'I' I I 11 1 1 1 1 I I I II II OCF W: vg• ��- Rz r� - 4y r h II r lu • r pvss.A�� L�dhi� 6.� i i nn� \ l i I I - <JN�w��'{.�5 '� � I I I I I I I I I I =--- �-� �,------ _� I�-- t- �- + ♦ I 1� � I L-t 19 Ffl I o I J do tfJ pI s b E ��.�. ° � 12 %41 0 a n. q c(1 C �oU � �J-� �/�'I c ►J � I I �'Dl�'� ��>; �✓?�� c �� _ - i� I �l r�o�l I �r�i �r �11"s I7�1"� � `� ° � 12� � �}Rf�tr•IC� .�,,�nws Fri �prslbLl� �G {�fa� � �ssD � 5-f� le!-t- I ►� �� pox I eL� 2� X2o 1„I►►.Ica EaC►}i g iT «�» ORDINANCE NO. 57 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION, GMQS EXEMPTION APPROVAL AND VESTED RIGHTS FOR THE OXLEY LOT SPLIT (EAST ONE-HALF OF LOT B, LOTS C, D, E, AND F, BLOCK 21, ORIGINAL ASPEN TOWNSITE) WHEREAS, Section 24-7-1003.A.2 of the Aspen Municipal Code r- � provides for City Council approval for lots splits as Subdivision <-�o � 'J D 4) Exemptions and Section 24-6-207 allows vested rights for a period < of three years; and Ln WHEREAS, the Applicant, John C. Oxley, submitted an V application for a lot split, GMQS exemption and vested rights to the Planning Office; and �n WHEREAS, the City Engineering Office has provided referral Ln z comments on the proposed application; and D WHEREAS, the Planning Office reviewed the proposed application pursuant to Section 24-7-1003.A.2 of the Aspen Municipal Code and n.. m the comments received from Engineering and recommends approval of 7T5 the Subdivision Exemption for a lot split with conditions; and T y WHEREAS, the Aspen City Council having considered the Planning m o 7T D Office's recommendation and Section 24-7-1003.A.2 of the Aspen m Municipal Code does hereby grant the Subdivision Exemption for the Oxley Lot Split. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY tT M . n OF ASPEN, COLORADO: Section 1: That it does. hereby grant Subdivision Exemption and GMQS Exemption approval for a lot split pursuant to Section 24-7- n 1003.A.2 and 24-8-104.C.a of the Aspen Municipal Code subject to the following conditions: Ordinance No.f--?--- (Series 1993) Page 2 1. The encroaching fences in the alley and on the Smuggler Street 01 right-of-way must be removed or receive an encroachment license prior to recordation of the final plat. 10 2. The parcels shall meet storm run-off requirements of Section 24-7-1004.C.4.f at the time of development. rz+ ^•1 3. Any work in the public right-of-way including landscaping LQ shall obtain permits from the City Streets Department. `• 71 4. The new Subdivision Plat and Subdivision Exemption Agreement must be approved by the Planning Office and Engineering 01 Department and recorded with the Pitkin County Clerk and Recorder within 180 days of approval by City Council. Failure to do so may render the approvals invalid. Ln 5. A Curb and Gutter Agreement for a rolled curb is required to be executed indicating that the property owner will install -a curb and gutter at such time as directed by the City. 6. Lot 1 is subject to the provisions of Section 24-8-104.A.1.a if demolition or an addition takes place. D 7. Lot 2 is required to build an Accessory Dwelling Unit (ADU) at the time of construction, pursuant to Section 24-7- 1003.A.2.b of the Aspen Land Use Regulations. 8. All material representations made by the applicant in the O application and during public meetings with the City Council _n shall be adhered to and considered conditions of approval, 4N unless otherwise amended in the conditions. Section 2: Pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council does hereby grant Vested Rights approval for the Oxley Lot Split as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and property record all plats and agreements as specified herein or in the Municipal Code shall also result in the forfeiture of said vested rights. Ordinance No. 5 (Series 1993) Page 3 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 01 3. Nothing in the approvals provided by this Ordinance shall -1 exempt the site specific development plan from subsequent reviews and/or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approval granted and vested herein. Ln 4. The establishment herein of a vested property right shall not 7 preclude the application of ordinances or regulations which ,;j are general in nature and are applicable to all properties subject to land use regulation by the City of Aspen, including but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical N, codes, unless an exemption therefrom is granted in writing. 10 Section 3: The City Clerk shall cause notice of this Ordinance to ' be published in a newspaper of general circulation within the City D of Aspen, no later than fourteen (14) days following final adoption 0 IA hereof. Such notice shall be given in the following form: 0 Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section 4: A public hearing on the Ordinance shall be held on the A,-q- day of h �°.� �- 1993 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing shall be Ordinance No. (Series 1993) Page 4 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 .?5 day of 1993. V -ATTEST: ital�ryn,.`�ch, City Clerk 13 John B nnett, Mayor FINALLY, adopted, passed and approved this day of 3. John ennett, Mayor ,$Al"r ST : F¢ ._Kathryn S.: Rod City Clerk �C►x 1 'y v � ......uN'n ,j i ,•1 Ln a 00 Ln r� 41 • • SCALE I' _ 10' 0 10 20 30 FOUND CITY OF ASPEN BLOCK CORNER MONUMENT SE/LY CORNER 6th AND SMUGGLER STREET r ^ N CONTROL POINT FOUND CITY OF ASHEN BLOCK CORNER MONUMENT NW/LY CORNER 6th AND FRANCIS STREET / PROPERTY TIE N 75?09'11' W 77.65' FRANCIS STREET LCUIS H. BUETTNER SURVEYING 0040 WEST SOPRIS CREEK ROAD BASALT, COLORADO 81621 970-927-3611 • SMUGGLER STREET STREET RIGHT-OF-WAY SEE NOTES Vim/ pp EDGE OF PAVING 102.00 FOUND 5/8' STEEL ROD WITH YELLOW PLASTIC CAP MARKED BUETTNER 13166 i --Irl A PROPERTY TIE N 75?09'11' W 45,00' 3.3') �J\/0j00 pINE 20. Y a 3 ,_ 7 '09'11 EE ,7500' BUM vECK ❑O I 1 1 i .1 E - L-I \ ❑ 2-STORY RESIDENCE ` w U Y N 0 3 0 z W J -j va Q cu J \ Q Z WIRE FENCE c I ELECTRIC �\ TELEPHONE TV TREE I2, 00 h� 0 • WOOD FENCE C3- FOUND 5/8' STEEL. ROD WITH YELLOW PLASTIC CAP MARKED Q BUETTNER 13166 1 0 1REE 12' l �� o r4"S -------------- Y� SIBLE SHED 33' O/A \ 103.00 SHED ` �POSSIBLE UTILITY ENCRCACHMENTS I FOUND 5/8' STEEL ROD WITH (2,39•) J YELLOW PLASTIC CAP MARKED BUETTNER 13166 WC -- — S 14?50'49' W 1.03' OF TRUE CORNER YOA3q TRUE CORNER CONTROL POINT FOUND CITY OF ASPEN BLOCK CORNER MONUMENT NE/LY CORNER 6th AND FRANCIS STREET 1 iL4 RES �N1NG DRV 0 ;N7;.09T'll' W 75.00' a' EI A KING CK sj7NNpCE ALLEY RIGHT-OF-WAY 20.76' ALLEY BLOCK 21 PARKING 9-0 X 20-0 IRE h� t11 V QI 1 ( i \ � FOUND 5/8' STEEL ROD WITH YELLOW PLASTIC CAP MARKED BUETTNER 12166 NOTICE, ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. IMPROVEMENT SURVEY SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN L F1 T 1 11XLEY L 11 T SPLIT 627 WEST SMUGGLER STREET ASPEN, COLORADO u NOTES 1. AN ORIGINAL PLAT (MAP) PRINT PREPARED AS A PICTORIAL REPORT OF SURVEY BEARS AN ORIGINAL (INK) SIGNATURE AND SURVEYOR'S SEAL, REPRODUCTION COPIES OF A PLAT (MAP) PRINT SHOWING SURVEYOR'S SIGNATURE AND SEAL MAY CONTAIN FRAUDULENT, INCORRECT, ERRONEOUS, OR MISLEADING INFORMATION. POSSESSION OF SUCH REPRODUCTION COPIES AND THE USE OF THE INFORMATION THEREON IS UNAUTHORIZED BY SURVEYOR. DOCUMENTS PREPARED BY SURVEYOR AND WITHOUT A SIGNATURE AND SEAL ARE TO BE VIEWED AS PRELIMINARY WITH ALL INFORMATION SHOWN SUBJECT TO CHANGE. 2. THE BASIS OF BEARINGS AND LOCATION FOR THIS SURVEY IS THE RECORD BEARING OF NORTH 14?50'49' EAST AS FOUND BETWEEN THE ORIGINAL CITY OF ASPEN (1959) BLOCK CORNER MONUMENTATION ON THE SOUTHEASTERLY AND NORTHEASTERLY BLOCK CORNERS AT THE INTERSECTION OF 6th STREET AND FRANCIS STREET PER THE OFFICIAL MAF OF THE CITY OF ASPEN. 3. ALL BEARINGS AND DISTANCES FOR THE PROPERTY BOUNDARY ARE FROM THE OFFICIAL MAP OF THE CITY OF ASPEN, APPROVED BY THE ASPEN CITY COUNCIL IN NOVEMBER 1959 AND THE RECORDED PLAT OF THE OXLEY LOT SPLIT RECORDED IN PLAT BOOK 34 AT PAGE :i0. 4. THE RIGHT--OF-WAY WIDTH SHOWN ON THE OFFICIAL MAP OF THE CITY OF ASPEN FOR SMUGGLER STREET IS 77.65 FEET, ALL ORIGINAL MONUMENTS FOUND BY THIS SURVEYOR ALONG THE LENGTH OF SMUGGLER STREET ARE FOR A RIGHT-OF-WAY WIDTH OF 75.00 FEET, SURVEYOR BELIEVES THE RIGHT-OF-WAY SHOULD HAVE BEEN REPORTED AS 75.CC, 5, UTILITY LOCATIO14S OTHER THOSE SHOWN ARE UNKNOWN TO SURVEYOR, 6, THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND INCORPORATED AREAS, NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP COMMUNITY -PANEL NUMBER 0897 CO 203 C, DATED JUNE 4, 1987. THIS PROPERTY IS WITHIN THE ZONE 'X', OR IN THE AREA OUTSIDE THE 500-YEAR FLOOD PLAIN. 7. SURVEYOR RELIED ON THE TITLE INSURANCE COMMITMENT FROM PITKIN COUNTY TITLE, INC. (FIDELITY NATIONAL TITLE INSURANCE COMPANY), CASE NUMBER PCT11706 FOR INFORMATION REGARDING ENCUMBRANCES OF EASEMENTS AND RIGHTS -OF -WAY ON THIS PROPERTY IN ADDITION TO THE RECORDED PLAT OF THE OXLEY LOT SPLIT. 8, TF'ERE ARE POSSIBLE ENCROACHMENTS ON THIS PROPERTY BY THE ADJOINERS SHED AND UTILITY PEDESTALS, BOTH ARE LOCATED IN THE SOUTHWESTERLY CORNER OF THE PZOPERi`,, AND SHOWN HEREON. SUR✓EYOR OBSERVED NO APPARENT EASEMENTS CROSSING THE PROPERTY. 9. THERE ARE TERMS, CONDITIONS, PROVISIONS, AND OBLIGATIONS SET FORTH ON DOCUME14TS RECORDED IN BOOK 750 AT PAGE 365, BOOK 750 AT PAGE 953, BOOK 750 AT PAGE 958 AND PLAT BOOK 34 AT PAGE 50 THAT MAY PERTAIN TO THE DEVELOPf1ENT OF THIS LOT. 10. THE BASIS OF ELEVATION FOR THE CONTOURS AND ELEVATIONS SHOWN HEREON IS AN ASSUMED ELEVATION OF MONUMENT. 100.18 ON TOP OF THE NORTHEASTERLY LOT CORNER SURVEYOR'S CERTIFICATE I, LOUIS H. BUETTNER, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CONFIRM THAT THIS SURVEY PLAT WAS MADE FROM FIELD NOTES OF A SURVEY OF THE ABOVE DESCRIBED PROPERTY MADE BY MYSELF, OR UNDER MY DIRECT RESPONSIBILITY, SUPERVISION, AND CHECKING. THE MONUMENTATION SHOWN HEREON FOR THE PROPERTY CORNERS WAS FOUND AT THE TIME OF SURVEY, ALL DIMENSIONS AND DETAILS SHOWN HEREON ARE CORRECT TO THE BEST OF MY KNOWLEDGE. LOUIS H BUETTNER LS 13166 DaTE------------------------" DATE: 7/9/97 REVISIONS: SHEET NO: 2,o2 SITE PLAN v July 21, 1997 Barbara Long and Associates 315 E. Hyman Avenue Aspen, CO 81611 Re: McLean/ Margerum Residence Dear Barbara: ASPEN • PITKIN COMMUNITY DEVELOPME`T DEPARTMENT The Community Development Department has reviewed your application for compliance with the "Residential Design Standards." We find that the project is in compliance with all aspects of the ordinance except for the "volume" standard, Section 26.58.040.F.12, which reads as follows: Volume. For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, a determination shall be made as to its interior plate heights. All areas with an exterior expression of a plate height greater than ten (10) feet, shall be counted as two (2) square feet for each one (1) square foot of floor area. Exterior expression shall be defined as facade penetrations between nine (9) and (12) feet above the level of the finished floor, and circular, semi -circular or non - orthogonal fenestration between nine (9) and fifteen (15) feet above the level of the finished floor. It is my understanding that you will request an appeal from the volume standard as part of the Planning and Zoning .Commission's Conditional Use review for an ADU. Please let me know if you have any further questions in regard to the design review standard. Sincerely, Amy�midon Hist is Preservation Officer 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5090 - FAX 970.920.5439 Pnnted -RmdW Paper 0 1W MARGERUM RESIDENCE 2) L'roject Location _ 627 W. SMUGGLER ASPEN, COLORADO (indicate street address, lot & hlodc rawer, legal description wig appropriate) 3) Present Zoning R- 6 4) Lot Size 7500 S.F. 5) Applicant's Name, Address & Phone # CHUCK McLEAN & AMY MARGERUM 305 REDTAIL CT., BASALT, COLORADO 81623 (927-9727)' a BARBARA LONG & ASSOCIATES 6) rzePresentative Is Name, Address & Phone a 315 E. HYMAN AVE., ASPEN, COLORADO 81612 (925-6880) 7) ZjrPe of ApPlicatien (Please cheat all that apply) : Conditional Use Cux)eptual SPA caxmptual Historic Dev. Special Review Final SPA Final Historic Dev- 8040 «Mine Cohoepbml FM Minor Historic Dev_ Stream Margin Final PUD Historic Demolition M.tai_n View Plane aibdivision historic Designation iSlit mi i za tion Text/Map Am t GQS Allotment Tort Split;/Lot tine Gs Emmption Adj ustnezt 8) Des,=T i — of bri st'i Uses . Jntz i- and type of existi rg app=rnamate sq- ft ; nnmbes of bedrucxms; any Pre"011S aPPrOvai c 9rar� to the Property) - ONE EXISTING SINGLE STORY RESIDENCE WITH 3ASFr4FN'T 9) Des=ption of Develcpnsrt Application A.D.U. TO BE LOCATED IN A NEW RESIDENCE 10) I lave you attached the follouiir�.' pzesportse to Attach=3it 2, Mln u m = _<kd3mission Contorts Re:spozsc to Attadjt 3, SpociElc C0ntCnt_. to Attmct=3ert 4, Rt ev Starriards for Your Application CHUCK MCLEAN & AMY MARGERUM 305 REDTAIL CT. BASALT, COLORADO 81623 970-927-9727 JULY 8, 1997 RE: 627 W. SMUGGLER RESIDENCE LOT 1, OXLEY LOT SPLIT ASPEN, COLORADO TO WHOM IT MAY CONCERN, WITH REGARDS TO THE CONDITIONAL USE SUBMISSION FOR THE ABOVE ADDRESS, WE AUTHORIZE: BARBARA LONG & ASSOCIATES 315 E. HYMAN AVE. ASPEN, COLORADO 81611 970-925-6880 TO REPRESENT US. SINCERELY, BARBARA LONG AND /-,SSOCIATES PO BOX 8603 •ASPEN,COLORADO 81612 • 970.925.6880 • 970-925.8780 FAX CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 130. S. GALENA STREET ASPEN, COLORADO 81611 JULY 8, 1997 RE: MCLEAN / MARGERUM RESIDENCE 627 W. SMUGGLER LOT 1, OXLEY LOT SPLIT ASPEN, COLORADO DEAR SIRS, THIS CONDITIONAL USE APPLICATION IS FOR ADDING AN ACCESSORY DWELLING UNIT INTO A NEW HOME TO BE LOCATED AT 627 W. SMUGGLER. THE A.D.U. WILL BE 451 SQ.FT.. AN ADDITIONAL PARKING SPACE WILL BE PROVIDED OFF THE ALLEY. FLOOR PLANS AND ELEVATIONS ARE ATTACHED SHOWING THE A.D.U.'S LOCATION AND LAYOUT. WE WOULD ALSO LIKE TO REVIEW THE POSSIBILITY OF ADDING WINDOWS AT THE UPPER PORTION OF THE GABLED DORMERS AND THE CONFIGURATION OF THE SOUTH FACING WINDOWS IN THE STAIRWELL. SINCERELY, BARBARA W. LONG BUILDING DESIGN • SPACE PLANNING • INTERIOR ARCHITECTURAL DETAILING /r TO: Julie Ann Woods, Community Development FROM: Margerum/McLean Partnership! RE: Application for Conditional Use for Accessory Dwelling Unit DATE: July 18, 1997 Please find enclosed a check for $1,415 for the permit fees for our ADU application at 627 West Smuggler, the title work requested and a description of how the ADU meets the review standards. Barbara Long will submit, under separate cover, the locations of windows which fall within the 9 - 12 foot restriction and a revised internal layout for the ADU. I would appreciate your review of the necessity of having Environmental Health and Engineering review this application. We will be paying fees for both of these departments to review our demolition permit and building plans, which will include the ADU if we receive approval from the Planning Commission. At that time, it seems logical that these departments can review and cover the concerns of asbestos, fireplaces, easements and rights of way. We have no problem paying the fees, but I am mainly concerned about the unwise use of staff time in these outlying departments! Barbara is also re -working the ADU layout to make the kitchen a larger, more useable space and to move the bathroom door next to the sleeping area. Thanks for your thoughts on this ... I think it will be a really nice unit. There are a couple of windows within the 9 - 12 foot range that are very important to us because they are beautiful views and could bring in very nice light so we want to continue to ask the Planning Commission for a variance for these. I drove around the west end this morning, and unless I am crazy, there are many of the older buildings (that have not been redone) which have windows in the gables! I also talked to Chuck about our windows. We still want the french doors but will continue to look at the double hung windows elsewhere. If you drive by George Hamilton's house (right up from Triangle Park) you might want to take a look at the windows and doors ... this is the look we are trying to duplicate (to some extent!). P.S. Another piece of input for all of us. We seriously debated even putting in an ADU because of the high fee involved and the overall expense and hassle of adding the unit. We are planning on renting the unit (we have to financially!) to an employee. We do not have to put the unit in nor do we have to rent it. We are not adding to the FAR of our house and could easily add another two bedrooms in the place of the ADU! It seems we should be encouraging people like us to put ADU's in homes by making it a staff sign -off with perhaps an administrative hearing so neighbors can express concerns or by making it a use by right with review standards! Thanks again. Please call if I am missing anything for this application. Review Standards for Conditional Use for Accessory Dwelling Unit 627 West Smuggler Aspen, Colorado A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the Zone District in which it is proposed to be located; The Aspen Area Community Plan (AACP) is premised upon the goal of providing housing to at least a "critical mass" of the work force of Aspen. Accomplishing this "means enlisting all elements of the community" in "employing the resources of the public and private sector." No one location or type of housing can solve this community problem, therefore the AACP sought to provide all types of housing by as many means as possible. Some of the policies of the AACP which are applicable to this request include: - "Promote, market and implement Cottage Infill and Accessory Dwelling unit programs." - "Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen area..." - "Develop... regulations which encourage accessory dwelling ...units by permitting larger units and ...by enacting a simpler review procedure." B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; " The ADU is consistent and compatible with the character of the West End neighborhood and with a single family setting. It will be located below grade and therefore will not add to the overall FAR of the building. It enhances the vitality of the neighborhood because more full time working people will be present and increases the amount of dispersed housing in the West End. Many of the existingolder and historic homes have accessory units in this neighborhood. Some of the units on the block are duplex units. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. The unit is located below grade and thus does not impact the visible size of the structure. The unit has a separate access off the alley and has a dedicated parking space off the alley as well. We have tried to make the unit large enough and with plenty of storage so as to minimize any visual or odor pollution which could result from storage outside of the unit. We plan on sharing our trash and recycling services with our tenant so as to minimize any concern with respect to trash. We plan on allowing the tenant to use our laundry room so as to minimize laundry hanging around the yard. We do not anticipate any disturbance whatsoever to surrounding properties. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools; The unit is within the City limits and all of these services are readily available everywhere within the City limits. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; We are planning on renting the house to a working resident of the community or to our nanny who is a working resident of the community. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. The proposed ADU complies with all applicable standards. 1. Accessory dwelling units shall contain not less than three hundred square feet of net livable area and not more than seven hundred square feet of net livable area. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees.. in the accessory dwelling unit. One parking space shall be provided on -site for each studio unit and for each bedroom... The ADU will be deed restricted to the resident occupancy guidelines of the Housing Office in place at this time. Although we do not have to rent it we are planning on renting it to a qualified employee and will register such employee with the Housing Office. We would not spend the money to build the unit if we were not planning on renting it out. One dedicated parking space is provided off the alley adjacent to the garage. 2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. The ADU is subject to the other requirements of the zone district. 3. Not applicable. 4. An attached accessory dwelling unit shall utilize alley access to the extent practical. The unit will use alley access. FNT COMMITM ENT FOR TITLE INSURANCE SCHEDULE A Effective Date: 04/01/97 at 08:30 A.M. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: AMY MARGERUM and CHUCK MCLEAN (b) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT11706 Amount$ 935,000.00 Premium$ 1,107.00 Rate:SUB-DIVIDER Amount$ Premium$ 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: JOHN C. OXLEY 4. The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows: LOT 1, OXLEY LOT SPLIT SUBDIVISION, according to the Plat thereof recorded May 19, 1994 in Plat Book 34 at Page 50. ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY By: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E_ HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 P:'ovisions and Schedules 970-925-6527 F,�_X j1 and B are attached. AUTHORIZED AGENT T SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Deed from : JOHN C. OXLEY To : AMY MARGERUM and CHUCK MCLEAN 2. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of i990) has been paid or exempted. 3. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 4. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the_State-of Colorado. (This instrument is not required to be recorded) S. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessprs Office in the County in which the property is situated) :NT SCEEDULE 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, enchroachments, 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. S. 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. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 21.5 and 469 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 57, Series of 1993 by CITY COUNCIL OF ASPEN recorded May 12, 1994 in Book 750 at Page 365. 9. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded May 19, 1994 in Book 750 at Page 953. 10. Terms, conditions, provisions and obligations as set forth in Curb and Gutter Improvement Agreement recorded May 19, 1994 in Book 750 at Page 958. 11. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 19, 1994 in Plat Book 34 at Page 50. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT11706 A and B are attached. NT ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the com an prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT11706 A and B are attached. (Space above this line for recording purposes) DEED OF TRUST To Secure a Loan From ALPINE. BANK - ASPEN BRANCH 1. DATE AND PARTIES. The date of this Deed of Trust (Deed of Trust) is May 9, 1997, and the parties and their mailing addresses are the following: GRANTOR: C-HHEl M. MCLEAN 2348 FARAWAY ROAD SNOWMASS VILLAGE, COLORADO 81615 Social Security q 045-44-9431 AMY L. MARGERUM r 2348 FARAWAY ROAD I SNOWMASS VILLAGE, COLORADO 81615 Social Security # 550-84-7774 TRUSTEE: The PUBLIC TRU5TEE for PITKIN COUNTY, COLORADO BANK: ALPINE BANK - ASPEN BRANCH a COLORADO bank-ing corporation 600 E. HOPKINS ASPEN, COLORADO 81611 Tax I.D. # 84-0798527 Branch No. 2 2. OBLIGATIONS DEFINED. The term "Obligations" is defined as and includes the foilo-ing: A. A promissory note, No. 02220564-01. (Note) dated May 9, 1997, with a maturity date of May 9, 1998, and executed by CHARLES M. MCLEAN and AMY L. MARGERUM (Borrower) payable in monthly payments to the order of Bank-, which evidences a loan (Loan) to Borrower in the amount of $150,000.00, plus interest, and all extensions. renewals, modifications or substitutions thereof. B. All additional sums advanced, and expenses incurred, by Bank for the purpose of insuring, preserving or otherwise protecting the Property (as herein defined) and its value, and any other sums advanced, and expenses incurred by Bank pursuant to this Deed of Trust, plus interest at the same rate provided for to the Note computed on a simple interest method. ~ C. All other obligations, now existing or hereafter arising, of Borrower to the extent the taking of the Property (as herein defined) as security therefor is no. ptohibited by law, including but not limited to liabilities for overdrafts, all advances made by Bank on Borrower's, and/or G.: ntor's, behalf as authorized by this Deed of Trust and liabilities as guarantor, endorser or surety, of Borrower to Bank. due or to become due, direct or indirect, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several, or joint and several. D. Bormwer's performance of the terms in the Note or Loan, Grantor's performance of any terms in this Deed of Trust, and Borrower's and Grantor's performance of any terms in any other deed of trust, any trust deed, any oust indenture, any mortgage, any deed to secure debt, any security agreement, any assignment, any construction loan agreement, any loan agreement, any assignment of beneficial interest, any guaranty agreement or any other agreemem which secures, guaranties or otherwise relates to the Now or Loan_ However, this Deed of Trust will not secure another debt: A. if this Deed of Trust is in Borrower's principal dwelling and Bartle fails to provide (to all persons entitled) any notice of right of rescission required by law for such other debt; or B. if Bank fails to make any disclosure of the existence of this Deed of Trust required by law for such other debt. J. NOTE. Borrower has executed a promissory note dated May 9, I997. (Note) in the principal amount of 5150.000.00 and payable to the Deed of Trust (c)1984, Bankers Systems. Inc. St. Cloud, MN CO-17-071295-2.90 initial MCLEAN, CHARLES M 05/09/97 "• READ ANY PAGE WHICH FOLLOWS FOR ANY REMAIAIING PROVISIONS." G 1 {llil1{III 111111 MINE III ON IN 1111 ! !N{{{ 111{{ 1 40�Zb0 @9199/199 ► 12 t DOP WI) Recorder. i of 2 R ti .00 1)93.30 N 0.00 PITKIN COUNTY CLERK 1!:;?12 _ C E� :W H H U q WARRANTY DEED THIS DEED, Made this -1 day of May I997 , between JOHN C . OXLEY ,fta.. "State of Colorado, grantor, and AMY MARGERUM and -Ffi32 Mc LEAN as joint tenants �. • cYl�s`(A dr whose legal address is too,ljc. X t! 1 G 1:9 Ati�rs) Co , . i, of the Countv of Pitkin and State of Colorado, grantees: WITNESS, that the grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid-90h6A", the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: LOT 1, OXLEY LOT SPLIT SUBDIVISION, according to the Plat thereof recorded May 19, 1994 in Plat Book 34 at Page 50. known by street and number as 627 West Smuggler, Aspen, Colorado 81611 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveved, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except the lien for ad valarem taxes for the current year and those matters set forth on the Addendum attached hereto and incorporated herein. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders - IN Wrr.4ESS WHEREOF the grantor has executed this deed on the date set forth above. STATE OF VWM@P f 1 FLORIDA ` ss. County of I( BARBARA LONG AND ASSOCIATES PO BOX 8603 •ASPEN,COLORADO 81612 • 970.925 6880 • 970.925.8780 FAX CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 130. S. GALENA STREET ASPEN, COLORADO 81611 NLY 8, 1997 RE: MCLEAN / MARGERUM RESIDENCE 627 W. SMUGGLER LOT 1, OXLEY LOT SPLIT ASPEN, COLORADO DEAR SIRS, THIS CONDITIONAL USE APPLICATION IS FOR ADDING AN ACCESSORY DWELLING UNIT INTO A NEW HOME TO BE LOCATED AT 627 W. SMUGGLER. THE A.D.U. WILL BE 451 SQ.FT.. AN ADDITIONAL PARKING SPACE WILL BE PROVIDED OFF THE ALLEY. FLOOR PLANS AND ELEVATIONS ARE ATTACHED SHOWING THE A.D.U.'S LOCATION AND LAYOUT. WE WOULD ALSO LIKE TO REVIEW THE POSSIBILITY OF ADDING WINDOWS AT THE UPPER PORTION OF THE GABLED DORMERS AND THE CONFIGURATION OF THE SOUTH FACING WINDOWS IN THE STAIRWELL. SINCERELY, BARBARA W. LONG BUILDING DESIGN • SPACE PLANNING • INTERIOR ARCHITECTURAL DETAILING PUBLIC NOTICE RE: MCLEAN/MARGERUM CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT AND VOLUME STANDARD VARIANCE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 19, 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Chuck McLean and Amy Margerum requesting Conditional Use Review and Variance from the volume standard of the Residential Design Standards to construct a 451 square foot Accessory Dwelling Unit in a proposed residence. The property is located at 627 W. Smuggler, and is described as Lot 1, Oxley Lot Split. For further information, contact Mitch Haas at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095. s/Sara Garton, Chair Aspen Planning and Zoning Commission City of Aspen Account ATTACHMENT 4 DRAC STANDARDS FOR GRANTING A VARIANCE The following standards will be used by the Design Review Appeal Board when granting variances from the "Residential Design Standards." The project as proposed must be found to meet one of the following: a) yield greater compliance with the goals of the Aspen Area Community Plan; or b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints. LAND USE REGULATIONS § 8-104 Any development allotments which have expired pursuant to Section 8-107 shall be added to the annual development allotment, if applicable. F. Minimum development allotment available in a year. The development allotment determined in any given year shall never be less than thirty (30) percent of the annual development allotment provided for in Section 8-103(A). If, as a result of development exempted pursuant to Section 8-104 that is deducted from the annual development allotment there shall be less than thirty (30) percent of the annual development allotments available, then thirty (30) percent of the annual development allotment shall be made available. The thirty (30) percent minimum development allotment applied to residential development shall be calcu- lated based on the free market portion of the annual residential allotment only and not on any required affordable housing set aside. 2. Any development allotments made available and awarded pursuant to this section shall be deducted from the allotment available in the next year. No. 7-1989, § 3; Ord. No. 21-1989, § 1) 8-104. Exemptions. The following development shall be exempted from the terms of this article by the ,following decision -making entities. A. Exemption by planning director. No. 2 1. General. Development which the planning director shall exempt shall be as follows: a. Remodeling, restoration, or reconstruction of existing building. (1) The remodeling, restoration or reconstruction of an existing commercial, lodge or multi -family building which does not .expand commercial or office floor area or create additional dwelling, hotel or lodge units or involve a change of use. No bandit unit shall be remodeled, restored or reconstructed unless it has first been legalized pursuant to section 5-510. To obtain approval to reconstruct demolished commercial or office floor area, the applicant shall demonstrate that affordable housing and parking is provided for the reconstructed floor area as if it were newly con- structed space. (2) An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. The applicant shall verify, by a letter submitted to and approved by the planning director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will be pursuant to the terms of this section. Recon- struction shall occur within five (5) years of demolition, unless an ex- tension of this deadline is granted by the city council for good cause. Any building which is demolished shall be limited to reconstruction on the 1771 w § 8-104 Supp. No. 2 ASPEN CODE same parcel or on a contiguous parcel owned by the applicant, un1 is determined that reconstruction shall be permitted off -site pursue Section 5-703. (3) A structure included on the inventory of historic structures whi neither an historic landmark nor located within an Historic Ov, District may be removed from a property and relocated elsewhere w the City of Aspen and need not be demolished in order for its recons tion on its original site to be exempted from the terms of this ar provided that the structure is designated as an historic landmark 1 new location and all necessary development approvals are obtained HPC and the commission. (4) Replacement of demolished multi -family, residential units shall be ject to the requirements of the Housing Replacement Program. ' (5) The remodeling, restoration or expansion of existing single -farm. duplex dwellings. A b. Historic landmark. (1) The enlargement of an historic landmark intended to be used as a mercial or office development which does not increase either thettb�l ing's existing floor area ratio or its net leasable square footage; ae� (2) The enlargement of an historic landmark intended to be used as a 1 mercial or office development which increases either the buildi44 isting floor area ratio or its net leasable square footage, but does increase both; or (3) The enlargement of an historic landmark which develops not more t one (1) residential dwelling or three (3) hotel, lodge, bed and breald boardinghouse, roominghouse or dormitory units; or (4) The change of use of an historic landmark which does not increase building's existing floor area ratio. Enlargement or change of use which occurs in phases shall not exceed limits on a maximum cumulative basis. c. Detached single-family or duplex dwelling unit. The construction of one two (2) detached residential units or a duplex dwelling on a vacant lot r was subdivided or was a legally described parcel prior to November As' which complies with the provisions of section 7-1004(A)(5) or to replaM demolition one (1) or two (2) detached residential units or a duplex dwfl This exemption shall not be applied to any lot for which any other dill ment allotment is currently being sought or is approved. This shall only apply if: (1) Single-family option: The applicant provides an accessory dwellims pays the applicable affordable housing impact fee or provides a 1772