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HomeMy WebLinkAboutcoa.lu.ex.PitkinMesa-Lot3,Blk1.1980Nils-Bertil Dahlander E � C\,j u t k -J - I �j YOO`'v` c '� A G E N D A " ASPEN PLANNING AND ZONING COMMISSION Regular Session May 8, 1990 - Tuesday 4:30 P.M. 2nd Floor Meeting Room I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. Sanders Stream Margin Review and Conditional Use for a Satellite Dish (Tabled to June 5, 1990) B. Smuggler Mobile Home Park Code Amendment (Tabled to May 22, 1990) C. Aspen Mountain Subdivision Ice Rink (Tabled to May 22, 1990) D. Golf Course PUD Amendment E. Cottage In -Fill Code Amendment IV. COUNTY REFERRAL James E. Moore Pool V. INFORMATION ITEM Easement Acquisition Policy VI. ADJOURN MEETING a.cov LU,�� -Av Imo_ --_--, I'! Ij 200 r. y yoQcaW-e 4�t (7 l) 0�711 --- - - '* 0 Recorded 4:00 PM April 3 198U Recpti on # Loretta Banner Recorder,,,,, 85 t'W, 85 •�- Voo STATEMENT OF EX s,'-iPTION FROM THE DEFINITlu.N O? S UBDIVISION WHEREAS, the provisions of Section 20-19 (b) of the Aspen Eunicipal Code provide that, following receipt of a recommendation from the Plannin; Comz:aisiion, The City Council may exempt a particular division of land from the definition of a subdivision set forth in Section 20-3 (s) of the Code,when, in the judgement of the City Council, such division of land is not within the intent and purpose of subdivision regulation and WHEREAS, pursuant to Zaid Section 20-19 (b) Nils-Bertil Dahlander has requested such an exemption for the condominiumization of a duplex residence owned by the applicant and located on the real property known and described as: LOT 3, Block 1 Pitkin Mesa Subdivision Pitkin County, Colorado. Whereas, the Aspen Planning and Zooning Commistion, at its meeting held December 5th, 1979, recommended a3proval of such request and. `,lEREAS, the City Council has determined that the proposed condominiumization is not within the intents and purposes of subdivision regulation, THEREFORE, the Aspen City Council, pursuant to the authority granted in Section 20-19 (b) of the Aspen Municipal Code, does hereby determine and declare that the proposed condominiumization of the property obove described is without the intents and purposes of Chapter 20 of the Aspen Municipal Code and does hereby *naive the enforcement of the City subdivision regulation with respect thereto,subject only to the notice and. option provision and the provisions regarding minimum six - month lease terms set forth in Section 20-22 of the Aspen I4_unicipal Code. Done this 28th day of January, 1980, by the Aspen City Council ,,t its regular meeting held on said date. ZF AS t HER14AII EDEL, 1�AOR ` A T, = cd� KATHRYN .1,.'J'vrT, 'ITT" L ,_RFL STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me t'h i s day of , 19800 by HERIWI EDEL and KATHR'LgI S. KOCH, personally lcnoirn to me to be Mayor and City Clerk of the City of Aspen, Colorado, witness my hand and official seal. Notary Public oTA cpmmislion expires: C) R 101�' REReeorded at 2:40PM April 08, 8Cl Loretta Banner Recorder Re tion NO.;a?`'3194 1 : �b COVEIDUITS 511OK305 i;",(,r98 NILS-bEP- I I L tk (covenantor ), z or himself, his heirs, executors, administrators, and asddE-ns hereb;- covenants with the City of Aspen,PitIin County,Colrado, that: 1. Iie is the ot•mer of the following described props. rty together with the improvements thereon, including one duplex: LOT 3, Block 1 Pitkin Mesa Subdivition Pitkin County, Colorado 2. The obove-described property shall be restricted to six (6) ionth minimum leases with no more than two (2) shoVter tenancies in any calender year. 3. One unit of the duplex on the above -described property shall be restricted to moderate rdatal and sale price terms within housing price guidelines as the same may be amended. from time to time by the City Council of the City of Aspen, Colorado within th e provision of Section -1 0. (b) (3) of tho I•itanicipal Code of the City of _aspen, Colorado. 4. The obove-decribed.property shall be restricted to occupancy limitations T,ithin Housin^ income -.Eligibility Guidelines as th,� same may, be amended from time to time by the City Council of the City of Aspen, Colorado .Tithin tha provision of ,>ection ?1r-10.t_,_ (b) (3) of the Municipal Code of the City of Aspen,Colorado. 5. The covenants contained herein ma be changed, trtod.if ied of amended by the recording of a written instrument signed by the record o,-;ners of the property and the Iayor of the City of Aspen pursuant to a vote taken by the City Council. 6. The covenants contained herein are to run with the land and shall be binding on all parties and all persons claiming under them for a period of five (5) years from the date these covenants are recorded., after zr-_"ich U-irne, the covenant contained in paragraph two (2) shall be automatically extended for successive periods of ten (10) years,unless an instrument signed by the record ot,*ners of the property and the Playor of the City of i spen pursuant to a vote taken by the City Councilb has been recorded winich changes said covenant,in w_:ole or in pailt,Dr which releasec the same, and the covenants contained in paranraphs three (3) and four (4) shall BOOK 3$5 ; 988 be released. IId WITNES :rIERE,OF , - 'i!��day this Declaration has been duly executed this of u a C,4 , 19 d t, . STATE OF COLORADO ) ss. County of Pitkin ) '-he foregoing instrument was acknowledned before rie this day of 198o , by IFFIVNIMIMMAIM-, / Witness my hand and official seal. My commision expires: S Ar �T___ • Notary Public 0