HomeMy WebLinkAboutcoa.lu.ex.Sagewood-LotsR&S.1973LO T5
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Granting Exemption from Subdivi�, i.on Regulations
For Sagewood Condominiums
WHEREAS, Section 20-10 (c) of the Aspen !Municipal. Code
provides that in a case where land being divided into condominium
interests has, prior to the effective date of the ordinance, been
platted into lots and blocks by plat recorded in the office of
the Pitkin County Clerk and Recorder, such division of land
shall be exempt from the definition of a sjbdivision when, in
the judgment of the Planning Commission, such platted land
fulfills all pertinent design requirements contained in the sub-
division regulations, and
WHEREAS, Section 20-10 further provides that no exemption
shall be granted unless a written application therefor has been
submitted to and considered by the Planning Commission, and the
grounds for granting such exemption have been entered in the
minutes of the granting body by motion or resolution duly adopted,
and
WHEREAS, the owner(s) of the Safewood Condominiums have
made application for an exemption under the provisions of Section
20-10 (c) for the following described property situated in
Pitkin County, Colorado, to sit:
Lots R and S and a part of Lot Q, Block 4,
City and Town site of Aspen, and
WHEREAS, the Asper. Planning Commission did, at its meeting
held October 2, 1973, approve the condominiumization of the eleven
unit structure situated on the above described property provided
certain conditions were met, more specifically that:
(1) the owner(s) thereof pave the alley located on said
property;
(2) the owner(s) negotiate with the City Engineer an ac-
ceptable off-street parking plan;
3 f tho owner(s) Sl?1»ly a dr'. Ln�n� (' P.-Jan t0 be
by the City Engineer;
(4) the owner(s) supply a landscaping plan that also meets
with the approval of the City Engineer; and
(5) that owners) write into all sales contracts for sale
of the condominium units a provision limiting rentals
of the units for periods not less than six (6) months;
and
WHEREAS, the City Engineer has examined a submitted drainage
plan and has discussed the off-street parking arrangements and has
made the following recommendations:
(1) that the existing 20 foot driveway on Hallam Street
should be closed and that an additional off-street
parking space should be provided by utilizing a por-
tion of the Eighth Street right-of-way. Entry will
be from the alley and usage will require approval by
the City Council. In addition, these modifications
will require the installation of 20 feet of new side-
walk and curb and installation of a retaining wall;
(2) that, inasmuch as the developed site will produce
over twice the historical runoff for the 100-year
storm, to reduce the peak runoff flow approximately
303 cubic feet of storage capacity should be provided.
This can be provided in the parking area by beginning
at existing grade at the east end of the lot and gradu-
ually sloping the lot to a depth of 6" below grade at
the west end. Some minor curbing and an outlet at the
extreme northwest corner of the site will be necessary.
Further, the alley must be crowned to prevent the run-
off excaping the detention area;
(3) that any landscaping should include plans for the dis-
continued parking area in the front of the structure
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and ::l1a1�d for t h.? j)1 r,nt i r1.Pof grrss Z�na
corative trees on the slop,—s on the east and south
sides of the building, and
WHEREAS, the City Engineer h,-,s a�,pro%ied a drainage plan, a
copy of which is attached hereto and made a part hereof, and has es-
timated the cost of the required improvements to be as follows:
(1) Sidewalks ............................$ 160.00
(2) Curb & Gutter Installation ...........$ 195.00
(3) Installation of Retaining Wall .......$ 75.00
(4) Implementation of Drainage Plan ......$.'240.00
(5) Alley Paving.........................$1080.00
(6) Landscaping ................ .... 0.....$ 500.00
250.00
WHEREAS, the Planning Commission has reviewed the City En-
gineer's recommendations and is satisfied that they will effectuate
the purposes of the subdivision regulation and satisfy the condi-
tions of the Commission, imposed at its October 2, 19i3, meeting,
for the granting of an exemption to the subdivision regulations to
Sagewood Condominiums, and
WHEREAS, the owner(s) of the Sagewood Condominiums agrees
with the recommendations of the City Engineer and accepts the other
conditions imposed by the Planning Commission, and wishes to enter
into an agreement to formalize this acceptance.
THEREFORE, IT IS AGREED BY THE PARTIES HERETO, in consider-
ation of the mutual covenants contained herein:
(1) It is agreed to by the owner(s) of Sagewood Condo-
miniums that:
a. all sales contracts for the sale of condominium
units of the Sagewood Condominium will contain a
provision limiting rental of the unit for a period
not less than six (6) months;
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b, he (tf)o close the eyistP 2," foot drive-
way
new sidewalk and curb and install a retaining wall.
The agreed estimated cost of these improvements is
$430.00.
C. he (they) will implement the Engineer's drainage
plan recommendations hereinabove described and pave
the alley as required. The agreed estimated cost
of these improvements is,$1,320.00.
d. he (they) will implement the Engineer's landscaping
recommendations hereinabove described. The agreed
estimated cost of these improvements is $500.00.
e. he (they) will, in order to secure the performance
of the construction and installation of the improve-
ments hereby agreed to, escrow the amount of $2,250.00
with the City of Aspen. In the event any portion of
the work and improvements have not been done or in-
stalled according to the conditions contained herein,
*. owner(s) agrees that the City may have such remaining
work and improvements completed with such means and
in such manner as it may deem advisable and the City
shall be reimbursed out of the funds so escrowed.
Provided, however, that owner(s) may, in lieu of es-
crowing said amount, may submit a surety performance
bond which bond shall satisfy the requirements of
this paragraph if approved by the City Attorney.
(2) It is agreed to by the Aspen Planning Commission that it
does, upon full execution of this agreement, grant an
exemption to the subdivision regulations, pursuant to
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Sect -Ion 20•-10(�:--) of the Aspen Municipal Code, to Hip.
elevt'a unit st-ructure 1,nc.P.n as the Sagewood Condo-n-iiniums,
provided that sucli exemption is subject to the owner(s)
full compliance T^,ith the terms of this agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the day and year herein noted.
Dated: THE SAGEWOOD CONDO}IINIUMS
by
Dated:/A? THE ASPEN PLANNING & ZONING
COMMISSION
Chairman