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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 4 16 90
DATE COMPLETE: 11
PARCEL ID AND CASE NO.
A26-90
STAFF MEMBER: L 1,
PROJECT NAME: Amendment to the Mobile Home Park Zone District
Project Address:
Legal Address:
APPLICANT: Smuggler Mobile Home Owners Association
Applicant Address:
REPRESENTATIVE: Brooke Peterson
Representative Address/Phone: 315 East Hyman Avenue
Aspen, CO 81611 5-8166
PAID: YES NO AMOUNT: $1,690. NO. OF COPIES RECEIVED 7
TYPE OF APPLICATION: 1 STEP: 2 STEP:
C
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
_____-----------------------------------------
REFERRALS: T*r-e-
City Attorney
______
Mtn. Bell
School District
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Parks Dept_
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
Aspen Consol.
Energy Center
S.D.
DATE REFERRED:
I
\�� INITIALS:
___== _----- _--- ______=
FINAL ROUTING: DATE ROUTED:.- INITIAL:
City Atty City E give r -v Zoning Env. Health
Housing Other: k--
FILE STATUS AND LOCATION:
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ORDINANCE NO. 40
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A PUD AMENDMENT
FOR THE SMUGGLER MOBILE HOME PARK PLANNED UNIT DEVELOPMENT
WHEREAS, pursuant to Section 7-908 B. of the Municipal Code,
the Smuggler Homeowners Association as represented by Brooke
Peterson, submitted an application for an amendment to the
PUD; and
WHEREAS, there are several documents that address the
development of the Park, those are: Chapter 14 of the Municipal
Code, the Mobile Home Park Zone District in the Land Use Code,
the Declaration of Protective Covenants of the Mobile Home Park,
Rule and Regulations of the Architectural Control Committee, and
the Precise Plan (used as the PUD Plan); and
WHEREAS, the applicants requested to amend the Final PUD
(Precise) Plan to formalize the dimensional requirements and
eliminate the necessity to file an insubstantial amendment every
time a change is made on a parcel in the Park; and
WHEREAS, a duly notice Public Hearing was held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on May
22, 1990 to consider the amendment to the PUD; and
WHEREAS, after review and consideration of the
representations made by the applicant and Planning staff, the
Commission recommends approval to Council, with conditions, of
the PUD amendment; and
t WHEREAS, the Board of Directors of Smuggler Mobile Home Park
have reviewed amendments and approve of the proposed amendments
to the PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1•
That is does hereby grant the following amendments to the
PUD:
Permitted uses: Mobile Home, Modular Home, or Site Built Home is
permitted within the Smuggler Mobile Home Park pursuant to the
dimensional requirements set forth in this PUD Amendment.
New additions and redevelopment: All additions to any Mobile
Home or structure in the Smuggler Mobile Home Park shall meet the
City of Aspen Building Regulations Chapter 7 of the Municipal
=� Code.
Basements: Any basement and floor system upon which one
relocates a mobile home must be capable of supporting the
relocated mobile home. All newly constructed basements shall
incorporate the radon mitigation technique that is being proposed
for the 1991 UBC. (Appendix Chapter 12 Section 1235,1237.)
Height: a) reduction of minimum service building height from 25
feet to 15 feet; b) the height of the residential units shall
remain at 15 feet as measured from the midpoint of the lots
average slope.
Minimum Lot Size: The minimum lot size shall be 2400 Square
feet.
Front Yard Setback: The minimum front yard setback shall be 0.
For every parcel in the Park there is an average 8 foot limited
common element from the edge of the roadside curb to the front
property line. This common element is intended to be used for
off-street parking for the homeowner.
Rear Yard Setback: The rear yard setback shall be a minimum of 5
feet.
Side Yard Setback: Minimum of 10 feet on one side and minimum of
0 on the other side with the condition that, prior to the
issuance of a building permit, all placement of Mobile Homes on
the lot is subject to review and approval by the Architectural
Control Committee.
Maximum Floor Area: The maximum allowable floor area shall be
2000 square feet and 500 square feet shall be exempt for either a
garage or a shed. For the purpose of this PUD we will use the
following calculation to determine floor area: each 1 square foot
of above grade space will equal 1 square foot of floor area; each
1 square foot of below grade space will equal .5 square feet of
floor area.
Parking: The parking requirements shall remain the same as is
defined in Rules and Regulations of the Architectural Committee.
They are: there shall be a minimum of 2 off-street parking
spaces for each lot on the combination of lot and the adjacent
part of the roadway easement which may be used for parking in
accordance w?.th the covenants. For any mobile home over 1,500
square feet in living area, three parking spaces are required.
For any mobile home in excess of 2,000 square feet, 4 parking
spaces are required, and for any mobile home in excess of 2,500
3
square feet, 5 parking spaces are required. When garage space is
used for parking it shall not be included in the calculation of
living area for computing required parking spaces.
Accessory Buildings: No accessory buildings or necessary
egresses shall be built within the required setbacks.
Section 2:
That is does hereby grant approval with the following
conditions:
1. Prior to the issuance of any building permits for renovations
or changes to structures within the Park, the Homeowners
Association shall amend their Rules, Regulations and Procedures
for the Smuggler Mobile Home Park Architectural Control Committee
of the Smuggler Home Owners Association to be consistent with
these amendments.
2. Prior to the issuance of any building permits for renovations
or changes to structures within the Park, the Final PUD Agreement
shall be amended to reflect these changes.
Section 3:
That the City Clerk be and hereby 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 4:
Nothing in this ordinance shall construed to affect any
right, duty or liability under any ordinance effect prior to the
effective date of this ordinance, and the same shall be continued
and concluded under such prior ordinances.
4
i
Section 5:
A public hearing on the Ordinance shall be held on the 9 day
of July, 1990 at 5:00 P.M. in the City Council Chambers, Aspen
City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one 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
1990.
Y.
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
1990.
ATTEST:
,,u,_hryn S. Koch, City Clerk
5
William L. Stirling, Mayor
b
MEMORANDUM
TO: Mayor and Council
THRU: Carol O'Dowd, City Manager ;�
C
THRU: Amy Margerum, Planning Directorae
FROM: Leslie Lamont, Planning
RE: Smuggler Mobile Home Park PUD Amendment, Second Reading
Ordinance 40
DATE: July 9, 1990
-----------------------------------------------------------------
------------------------------------------------------------------
SUMMARY: The applicants request an amendment to the PUD to
formalize the dimensional requirements of the Smuggler Mobile
Home Park PUD. Currently, each time an owner wishes to make a
change to their parcel an insubstantial amendment is required.
This substantial, two step, PUD amendment review process will
eliminate the piecemeal review process that was recommended in
the original PUD plan.
This is a public hearing for the Second Reading of Ordinance 40.
The Planning and Zoning Commission recommends approval of this
PUD amendment with conditions.
COUNCIL GOALS: This amendment is consistent with Council's goal
#14 to develop a consistent and fair government so that citizens
know what to expect from elected officials, employees, and
government processes.
BACKGROUND: The Planning and Zoning Commission reviewed the
proposal at their May 22 meeting. The Commission recommended
approval. Please see the attached memo, May 22, for a review of
the application.
Council, at their June 11 meeting, recommended that staff develop
language for the PUD Amendment enabling owners to upgrade their
structures even if a renovation eliminated the original mobile
home structure. Staff, working with the Building Department and
the Home Owners representative, has developed language that
addresses Council's desire. The new language is included in the
PROPOSED AMENDMENT section.
PROBLEM DISCUSSION: There are several documents that have
directed development within the Park: Chapter 14 of the
Municipal Code, the Mobile Home Park Zone District in the Land
Use Code, the Declaration of Protective Covenants of the Mobile
Home Park, Rule and Regulations of the Architectural Control
Committee, and the Precise Plan (used as the Final PUD Plan).
This PUD amendment will attempt to formalize the zoning
regulations that should be followed for the Park. The Mobile
Home Park (MHP) zone district in the Land Use Code establishes
dimensional and lot size requirements that are different from the
historic patterns of land use in the Park. Consequently, many
changes to a parcel required an insubstantial amendment to the
PUD. In fact, in the Precise Plan (the original PUD plan) for
the Park the insubstantial amendment process was identified as
the process owners should use to make changes to their
structures.
In conjunction with members of the Homeowners Association, staff
has reestablished the dimensional requirements and lot size for
the Park. We have also developed a maximum allowable floor area
which includes potential basements.
Upon direction from Council, we have also clearly defined the
permitted uses within the Smuggler Mobile Home Park. In
addition, following a suggestion by the Building Department,
radon mitigation language is included in the section pertaining
to basements.
PROPOSED AMENDMENT: The following permitted uses, redevelopment
criteria and dimensional requirements are proposed:
Permitted uses: Mobile Home, Modular Home, or Site Built Home is
permitted within the Smuggler Mobile Home Park pursuant to the
dimensional requirements set forth in this PUD Amendment.
New additions and redevelopment: All additions to any Mobile
Home or structure in the Smuggler Mobile Home Park shall meet the
City of Aspen Building Regulations Chapter 7 of the Municipal
Code.
Basements: Any basement and floor system upon which one
relocates a mobile home must be capable of supporting the
relocated mobile home. All newly constructed basements shall
incorporate the radon mitigation technique that is being proposed
for the 1991 UBC. (Appendix Chapter 12 Section 1235,1237.)
All newly constructed basements shall comply with the performance
criteria for excavation and conditions that may be imposed as a
result of constructing basements within the Smuggler Mountain
Super Fund site. The Environmental Health Department will most
likely be implementing this process.
Height: a) reduction of minimum service building height from 25
feet to 15 feet; b) the height of the residential units shall
remain at 15 feet as measured from the midpoint of the lot's
average slope.
Minimum Lot Size: The minimum lot size shall be 2400 Square
2
feet. Seventy percent of the parcels in the Park are 2400 square
feet or greater..
Front Yard Setback: The minimum front yard setback shall be 0.
For every parcel in the Park there is an average 8 foot, limited
common element, from the edge of the roadside curb to the front
property line. This common element is intended to be used for
off-street parking for the homeowner.
Rear Yard Setback: The rear yard setback shall be a minimum of 5
feet.
Side Yard Setback: Minimum of 10 feet on one side and minimum of
0 on the other side with the condition that, prior to the
issuance of a building permit, all placement of Mobile Homes on
the lot is subject to review and approval by the Architectural
Control Committee.
(Note: A review of the plat shows that most of the homes are
located on the parcel using a zero lot line on one side and
minimum ten feet on the other. This has been something the
Architectural Control Committee has regulated. This PUD
amendment will formalize this practice. Review by the Committee
is necessary to ensure that the zero lot line concept is
administered in a consistent fashion.)
Maximum Floor Area: The maximum allowable floor area shall be
2000 square feet and 500 square feet shall be exempt for either a
garage or a shed. For the purpose of this PUD we will use the
following calculation to determine floor area: each 1 square foot
of above grade space will equal 1 square foot of floor area; each
1 square foot of below grade space will equal .5 square feet of
floor area.
(Note: The average size of a lot in the Park is 2400 square feet.
The smallest two lots are 2011 and 2091 square feet. The average
size of a double wide mobile home is now 1680 square. Even with
the yard requirements there is a strong potential for some
homeowners to achieve large buildouts on their lots. There is
the potential of a large buildout in the Park that could
significantly reduce the light, air, and perceived openness
within the Park. The Homeowner's Association has requested this
cap on floor are as an additional measure to prevent the
congested overuse of the land. For the smaller lots the yard
requirement and parking requirements will prevent a lot line to
lot line build out.)
(Note: Within the body of the Subdivision Agreement there is
language that requires the sale of parcels to be deed -restricted
to resident occupancy.. There is also a 6 month minimum lease
restriction in place. This amendment does not alter those
restrictions.)
�3
Parking: The parking requirements shall remain the same as is
defined in Rules and Regulations of the Architectural Committee.
They are: there shall be a minimum of 2 off-street parking
spaces for each lot on the combination of lot and the adjacent
part of the roadway easement which may be used for parking in
accordance with the covenants. For any mobile home over 1,500
square feet in living area, three parking spaces are required.
For any mobile home in excess of 2,000 square feet, 4 parking
spaces are required, and for any mobile home in excess of 2,500
square feet, 5 parking spaces are required. When garage space is
used for parking it shall not be included in the calculation of
living area for computing required parking spaces.
(Note: This parking requirement is more stringent than our
parking requirements for other residential zone districts which
only require one space per bedroom.)
Accessory Buildings: No accessory buildings or necessary
egresses shall be built within the required setbacks.
PLANNING AND ZONING COMMISSION VOTE 5 FOR 0 AGAINST
KEY ISSUES: 1) The Commission questioned why the floor
area requirements for below grade square footage were different
than the rest of the requirements?
The concept to create a cap on maximum allowable floor area and
to offset above grade living space with below grade space and was
developed by a member of the Board of Directors, which has been
endorsed by the Board, as an attempt to preserve the open space,
light and air of the court and to prevent the overcrowding of
structures on the site.
2) The EPA and the County are developing institutional controls
to address development within the Smuggler EPA site. According
to Tom Dunlop of the Environmental Health Department, there will
probably not be a prohibition on basements. However, there will
be performance criteria for excavation and conditions that may be
imposed as a result of the settlement between the EPA and Pitkin
County. The Environmental Health Department will most likely be
implementing this process.
According to the Building Department, any below grade habitable
space must be accompanied by an approved egress. Egress may not
be built into the setbacks.
3) The Board of Directors of the Smuggler Mobile Home Park have
reviewed the amendments and approve of the proposed PUD
amendments. Please see their attached letter.
RECOMMENDATION: The Planning and Zoning Commission recommends
4
approval of the amendments to the PUD with the following
conditions:
1. Prior to the issuance of any building permits for renovations
or changes to structures within the Park, the Homeowners
Association shall amend their Rules, Regulations and Procedures
for the Smuggler Mobile Home Park Architectural Control Committee
of the Smuggler Home Owners Association to be consistent with
these amendments.
2. Prior to the issuance of any building permits for renovations
or changes to structures within the Park, the Final PUD Agreement
shall be amended to reflect these changes.
PROPOSED MOTION: "Move to adopt Ordinance 40, Series of 1990, on
Second Reading."
"Move to approve Ordinance 40, Series of 1990, on Second
Reading."
CITY MANAGER COMMENTS: r
ATTACHMENTS:
A. Ordinance 40
B. Board of Director's Letter
C. Commission memo May 22, 1990
5
MEMORANDUM
TO: Stephen Kanipe
Brooke Petersen
FROM: Leslie Lamontj��1
RE: Smuggler Mobile Home
DATE: June 27, 1990
Language for Stick Built
Per our conversation this morning, I have taken a crack at
drafting some language to include in the PUD Amendment. Please
review and give me your comments no later then July 2.
PERMITTED USES: Mobile Home, Modular Home, or site built home is
permitted within the Smuggler Mobile Home Park pursuant to the
dimensional requirements set forth in this PUD Amendment.
NEW ADDITIONS AND REDEVELOPMENT: All additions to any Mobile
Home or structure in the Smuggler Mobile Home Park shall meet the
City of Aspen Building Regulations Chapter 7 of the Municipal
Code.
��or S-r�oN-
BASEMENTS: Any basemen upon which one relocates a mobile home
must be capable of supposing the relocated mobile home en
e m m
(Does this sound
right?MS':ep e what about the snow load or does the NEW ADDITIONS
AND REDEVELOPMENT paragraph take care of it.) L -e S -{Z "(� r S _r
All newly constructed basements
mitigati n technique -hat is being
0 0x
shall incorporate the radon
proposed for the 1991 UBC. (+/jekj`X
Did I leave anything out. Once I have your Comments I'll
incorporate them into the PUD Amendment. Thanks
MEMORANDUM
TO: Mayor and Council
THRU: Carol O'Dowd, City Manager
THRU: Amy Margerum, Planning Directoik\,��
FROM: Leslie Lamont, Planning
RE: Smuggler Mobile Home Park PUD Amendment
DATE: June 11, 1990
SUMMARY: The applicants request an amendment to the PUD to
formalize the dimensional requirements of the Smuggler Mobile
Home Park PUD. Currently, each time an owner wishes to make a
change to their parcel an insubstantial amendment is required.
This substantial, two step, PUD amendment review process will
eliminate the piecemeal review process that was recommended in
the original PUD plan.
The Planning and Zoning Commission recommends approval of this
PUD amendment with conditions.
COUNCIL GOALS: This amendment is consistent with Council's goal
#14 to develop a consistent and fair government so that citizens
know what to expect from elected officials, employees, and
government processes.
BACKGROUND: The Planning and Zoning Commission reviewed the
proposal at their May 22 meeting. The Commission recommended
approval. Please see the attached memo, May 22, for a review of
the application.
PROBLEM DISCUSSION: There are several documents that have
directed development within the Park: Chapter 14 of the
Municipal Code, the Mobile Home Park Zone District in the Land
Use Code, the Declaration of Protective Covenants of the Mobile
Home Park, Rule and Regulations of the Architectural Control
Committee, and the Precise Plan (used as the Final PUD Plan).
This PUD amendment will attempt to formalize the zoning
regulations that should be followed for the Park. The Mobile
Home Park (MHP) zone district in the Land Use Code establishes
dimensional and lot size requirements that are different from the
historic patterns of land use in the Park. Consequently, many
changes to a parcel required an insubstantial amendment to the
PUD. In fact in the Precise Plan (the original PUD plan) for the
Park, the amendment process was named as the process in which
those owners should use to make changes to their lots.
In conjunction with members of the Homeowners Association, staff
.7
•
has reestablished the dimensional requirements and lot size for
the Park. We have also developed a maximum allowable floor area
which includes potential basements.
The following dimensions are proposed:
Height: a) reduction of minimum service building height from 25
feet to 15 feet; b) the height of the residential units shall
remain at 15 feet as measured from the midpoint of the lots
average slope.
Minimum Lot Size: The minimum lot size shall be 2400 Square
feet. Seventy percent of the parcels in the Park are 2400 square
feet or greater.
Front Yard Setback: The minimum front yard setback shall be 0.
For every parcel in the Park there is an average 8 foot, limited
common element, from the edge of the roadside curb to the front
property line. This common element is intended to be used for
off-street parking for the homeowner.
Rear Yard Setback: The rear yard setback shall be a minimum of 5
feet.
Side Yard Setback: Minimum of 10 feet on one side and minimum of
0 on the other side with the condition that, prior to the
issuance of a building permit, all placement of Mobile Homes on
the lot is subject to review and approval by the Architectural
Control Committee.
A review of the plat shows that most of the homes are located on
the parcel using a zero lot line on one side and minimum ten feet
on the other. This has been something the Architectural Control
Committee has regulated. This PUD amendment will formalize this
practice. Review by the Committee is necessary to ensure that
the zero lot line concept is administered in a consistent
fashion.
Maximum Floor Area: The maximum allowable floor area shall be
2000 square feet and 500 square feet shall be exempt for either a
garage or a shed. For the purpose of this PUD we will use the
following calculation to determine floor area: each 1 square foot
of above grade space will equal 1 square foot of floor area; each
1 square foot of below grade space will equal .5 square feet of
floor area.
The average size of a lot in the Park is 2400 square feet. The
smallest two lots are 2011 and 2091 square feet. The average
size of a double wide mobile home is now 1680 square. Even with
the yard requirements there is a strong potential for some
homeowners to achieve large buildouts on their lots. There is
the potential of a large buildout in the Park that could
significantly reduce the light, air, and perceived openness
2
within the Park. The Homeowner's Association has requested this
cap on floor are as an additional measure to prevent the
congested overuse of the land. For the smaller lots the yard
requirement and parking requirements will prevent a lot line to
lot line build out.
Note: Within the body of the Subdivision Agreement there is
language that requires the sale of parcels to be deed -restricted
to resident occupancy. There is also a 6 month minimum lease
restriction in place. This amendment does not alter those
restrictions.
Parking: The parking requirements shall remain the same as is
defined in Rules and Regulations of the Architectural Committee.
They are: there shall be a minimum of 2 off-street parking
spaces for each lot on the combination of lot and the adjacent
part of the roadway easement which may be used for parking in
accordance with the covenants. For any mobile home over 1,500
square feet in living area, three parking spaces are required.
For any mobile home in excess of 2,000 square feet, 4 parking
spaces are required, and for any mobile home in excess of 2,500
square feet, 5 parking spaces are required. When garage space is
used for parking it shall not be included in the calculation of
living area for computing required parking spaces.
This parking requirement is more stringent than our parking
requirements for other residential zone districts which only
require one space per bedroom.
Accessory Buildings: No accessory buildings or necessary
egresses shall be built within the required setbacks.
PLANNING AND ZONING COMMISSION VOTE 5 FOR 0 AGAINST
KEY ISSUES: 1) The Commission questioned why the floor
area requirements for below grade square footage were different
than the rest of the requirements?
The concept to create a cap on maximum allowable floor area and
to offset above grade living space with below grade space and was
developed by a member of the Board of Directors, which has been
endorsed by the Board, as an attempt to preserve the open space,
light and air of the court and to prevent the overcrowding of
structures on the site.
2) Upgrade and renovations of a mobile home have been allowed as
long as the floor and one wall of the mobile home were
maintained. The Declaration of Covenants restrict the permitted
uses to mobile home, modular home or a prefabricated home. This
amendment does not intend to change that development practice.
3) The EPA and the County are developing institutional controls
3
within the Park. The Homeowner's Association has requested this
cap on floor are as an additional measure to prevent the
congested overuse of the land. For the smaller lots the yard
requirement and parking requirements will prevent a lot line to
lot line build out.
Note: Within the body of the Subdivision Agreement there is
language that requires the sale of parcels to be deed -restricted
to resident occupancy. There is also a 6 month minimum lease
restriction in place. This amendment does not alter those
restrictions.
Parking: The parking requirements shall remain the same as is
defined in Rules and Regulations of the Architectural Committee.
They are: there shall be a minimum of 2 off-street parking
spaces for each lot on the combination of lot and the adjacent
part of the roadway easement which may be used for parking in
accordance with the covenants. For any mobile home over 1,500
square feet in living area, three parking spaces are required.
For any mobile home in excess of 2,000 square feet, 4 parking
spaces are required, and for any mobile home in excess of 2,500
square feet, 5 parking spaces are required. When garage space is
used for parking it shall not be included in the calculation of
living area for computing required parking spaces.
This parking requirement is more stringent than our parking
requirements for other residential zone districts which only
require one space per bedroom.
Accessory Buildings: No accessory buildings shall be built
within the required setbacks.
PLANNING AND ZONING COMMISSION VOTE 5 FOR 0 AGAINST
KEY ISSUES: 1) The Commission questioned why the floor
area requirements for below grade square footage were different
than the rest of the requirements?
The concept to create a cap on maximum allowable floor area and
to offset above grade living space with below grade space and was
developed by a member of the Board of Directors, which has been
endorsed by the Board, as an attempt to preserve the open space,
light and air of the court and to prevent the overcrowding of
structures on the site.
2) Upgrade and renovations of a mobile home have been allowed as
long as the floor and one wall of the mobile home were
maintained. The Declaration of Covenants restrict the permitted
uses to mobile home, modular home or a prefabricated home. This
amendment does not intend to change that development practice.
3) The EPA and the County are developing institutional controls
3
to address development within the Smuggler EPA site. According
to Tom Dunlop of the Environmental Health Department, there will
probably not be a prohibition on basements. However, there will
be performance criteria for excavation and conditions that may be
imposed as a result of the settlement between the EPA and Pitkin
County. The Environmental Health Department will most likely be
implementing this process.
According to the Building Department, any below grade habitable
space must be accompanied by an approved egress. Egress may not
be built into the setbacks.
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the amendments to the PUD with the following
conditions:
1. As a result of amending the Smuggler Precise Plan and
redefining the dimensional requirements for this specific PUD,
the Homeowners Association shall amend their Rules, Regulations
and Procedures for the Smuggler Mobile Home Park Architectural
Control Committee of the Smuggler Home Owners Association to be
consistent with these amendments.
2. The amendments to the PUD are conditioned upon the final
approval by the Board of Directors of the Smuggler Homeowners
Association.
3. The Final PUD Agreement shall be amended to reflect these
changes.
PROPOSED MOTION: "Move to approve the PUD Amendment for the
Smuggler Mobile Home Park with the conditions as recommended by
the Planning and Zoning Commission." "Move to approve on first
reading Ordinance 4) , Series of 1990."
CITY MANAGER COMMENTS: -7 Cow
ATTACHMENTS :
A. Ordinance
B. Commission memo May 22, 1990
4
ATTACHMENT B
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Smuggler Mobile Home Park PUD Amendment
DATE: May 22, 1990
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The applicant's request an amendment to the PUD to
formalize dimensional requirements to do an overall amendment to
enable incremental changes within the park in a manner consistent
with the PUD development plan. This amendment would eliminate
the necessity to file an insubstantial amendment, avoiding a
piecemeal review, to the PUD every time an owner wishes to make a
change to their parcel.
APPLICANT: Smuggler Mobile Home Park Homeowners Association
represented by Brooke Peterson
LOCATION: Smuggler Mobile Home Park
ZONING: MHP/PUD
APPLICANT'S REQUEST: Amendment to the PUD for: definition of
dimensional requirements, establishment of floor area
requirements, and revision of minimum lot size.
REFERRAL COMMENTS: Considering the nature of the amendments
referral comments were not requested.
STAFF COMMENTS:
1. Background - Last summer the Planning Office established a
policy of no more insubstantial PUD amendments unless for a
technical or engineering error.
In the past, most of the changes that have occurred in the Park
were done by the insubstantial amendment process. In fact the
SPA Precise Plan for the Park identifies certain Code
requirements be reviewed through the PUD amendment process.
Because of the new policy, staff requested the Smuggler
Homeowners Association to submit an application for a PUD
amendment affecting the whole Park, before any more applications
will be reviewed for the Park.
There are two main problems with amending the PUD for the Park.
First, there are several documents that impact the development of
the Park in one way or another: Chapter 14 of the Municipal Code
regarding the establishment of a Mobile Home Park in the City, a
Mobile Home Park zone district in the Land Use Code, the
Declaration of Protective Covenants of the Mobile Home Park,
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 9,20-5090
April 20, 1990
Brooke Peterson
315 East Hyman Avenue
Aspen, CO 81611
Re: Amendment to the Mobile Home Park Zone District
Regulations
Dear Brooke,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete. We do, however,
need a letter for out records from the President of the Home
Owners Association stating that you are authorized to represent
them in this action.
We have scheduled this application for review by the Aspen
Planning and Zoning Commission at a public hearing on Tuesday,
May 8, 1990 at a meeting to begin at 4:30 pm. The Friday before
the meeting date, we will call to inform you that a copy of the
memo pertaining to the application is available at the Planning
Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
Rules and Regulations of the architectural Committee, and the
Precise Plan (used as the PUD plan). Each of these documents
have refers to some aspect of the land use patterns of the Park.
As a result this PUD amendment will attempt to "formalize" the
zoning regulations that should be followed for the Park.
Secondly, the Mobile Home Park (MHP) zone district in the Land
Use Code, establishes dimensional and minimum lot size
requirements that are dissimilar from the historic land use
patterns of Smuggler Park. The amendment to the PUD will also
address the discrepancies between the Zoning Code and the land
uses within the Park and will establish an overall approval for
future expansion and changes in the Park.
2. Project Site
Smuggler Mobile Home Park (SMP) has been in existence since about
1965 with the majority of the homes sited with respect to each
other as they are today, specifically zero lot line. About 12
homes had to be moved in 1982 to achieve this zero lot line
configuration. The front lot lines were on average laid out 8
feet back from the road curbs. This area is limited common
easement which guarantees a minimum of 2 parking spaces per home.
No parking is allowed on the road at any time and is enforced.
Please see attached parking survey.
In 1981 there were 65 singlewides and 21 doublewides, in 1990 39
singlewides and 47 doublewides. It is anticipated that by the
year 2000 all the lots will contain doublewides.
3. PUD Amendments
A. Pursuant to Section 7-908 B. the applicant's are requesting
an amendment to the PUD. This is not an insubstantial amendment
thus requiring the two step review process.
The language in the original Precise Plan for this PUD frequently
refers to either a code amendment or PUD amendment process for
individual parcels that do not comply with either the Zoning Code
requirements for a Mobile Home Park or Chapter 14 of the
Municipal Code: Mobile Homes and Mobile Home Parks.
The proposed amendments are consistent with existing conditions
within the Park. The maximum floor area allowed is an additional
requirement that was requested because more homeowners are
beginning to trade in their small homes for larger homes and many
have explored the possibility of constructing basements. This
amendment to the PUD is an attempt to formalize the dimensional
requirement to eliminate the insubstantial PUD amendment process
for individual owners.
2
B. Dimensional Requirements
Height: a) reduction of minimum service building height from 25
feet to 15 feet; b) the height of the residential units shall
remain at 15 feet.
Minimum Lot Size: The minimum lot size shall be 2400 square
feet. Seventy percent of the parcels in the Park are 2400 square
feet or greater.
Front Yard Setback: The minimum front yard setback shall be 0.
For every parcel in the Park there is an average 8 foot, limited
common element, from the edge of the roadside curb to the front
property line. This common element is intended to be used for
off-street parking for the homeowner.
Rear Yard Setback: The rear yard setback shall be a minimum of 5
feet.
Side Yard Setback: Minimum of 10 feet on one side and minimum of
0 on the other side with the condition that, prior to the
issuance of a building permit, all placement of Mobile Homes on
the lot is subject to review and approval by the Architectural
Control Committee.
A review of the plat shows that most of the homes are located on
the parcel using a zero lot line on one side and minimum ten feet
on the other. This has been something the Architectural Control
Committee has regulated. it is necessary with this PUD amendment
to formalize this practice. Review by the Committee is necessary
to ensure that the zero lot line concept is administered in a
consistent fashion.
Maximum Floor Area: The maximum allowable floor area shall be
2000 square feet and 500 square feet shall be exempt for either a
garage or a shed. For the purpose of this PUD we will use the
following calculation to determine floor area: each 1 square foot
of above grade space will equal 1 square foot of floor area; each
1 square foot of below grade space will equal .5 square feet of
floor area.
The average size of a lot in the Park is 2400 square feet. The
smallest two lots are 2011 and 2091 square feet. The average
size of a double wide mobile home is now 1680 square. Even with
the yard requirements there is a strong potential for some
homeowners to achieve large buildouts on their lots. There is
the potential of a large buildout in the Park that could
significantly reduce the light, air, and perceived openness
within the Park. The Homeowner's Association has requested this
cap on floor are as an additional measure to prevent the
congested overuse of the land. For the smaller lots the yard
requirement and parking requirements will prevent a lot line to
C
.7
•
lot line build out.
Note: Within the body of the .Subdivision Agreement there is
language to the effect that requires that sale of the parcels is
deed- restricted to resident occupancy. There is also a 6 month
minimum lease restriction in place. This amendment does not
alter those restrictions.
Parking: The parking requirements shall remain the same as is
defined in Rules and Regulations of the Architectural Committee.
They are: there shall be a minimum of 2 off-street parking
spaces for each lot on the combination of lot and the adjacent
part of the roadway easement which may be used for parking in
accordance with the covenants. For any mobile home over 1,500
square feet in living area, three parking spaces are required.
For any mobile home in excess of 2,000 square feet, 4 parking
spaces are required, and for any mobile home in excess of 2,500
square feet, 5 parking spaces are required. When garage space is
used for parking it shall not be included in the calculation of
living are for computing required parking spaces.
This parking requirement is more stringent than our parking
requirements for other residential zone district which only
require one space per bedroom.
C. No structures shall be built within the required setbacks.
RECOMMENDATION: Staff recommends that the Planning and Zoning
Commission recommend approval of the amendments to the PUD with
the following conditions:
1. As a result of amending the Smuggler Precise Plan and
redefining the dimensional requirements for this specific PUD,
the Homeowners Association shall amend their Rules, Regulations
and Procedures for the Smuggler Mobile Home Park Architectural
Committee to be consistent with these amendments.
2. The amendments to the PUD are conditioned upon the final
approval by the Smuggler Homeowners Association.
3. The Final PUD Agreement shall be amended to reflect these
changes.
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MEMORANDUM
TO: ASPEN CITY COUNCIL AND PLANNING & ZONING
FROM: BOB COX, SECRETARY, BOARD OF SMUGGLER MOBILEHOME PARK
DATE: June 11, 1990
RE: AMENDMENTS TO PARK'S ARCHITECTURAL RULES
On .June 6, 1990, the Board of Directors of Smuggler Mobilehome Park
reviewed the amendments to our architectural rules and regulations
at our regular monthly meeting. We all agreed that the amendments
will be beneficial to the park and its residents. A motion was
made to incorporate these amendments into the Rules, Regulations
and Procedures of the Architectural Committee, it was seconded and
all were in favor. The board would like to thank the Planning &
Zoning Commission and City Council for their cooperation, in
creating this document.
Robe Cox, ccretary
Beverly Campbell, President
1'9,011.3"0M Z19111A [o) 0
RE: PROPOSED AMENDMENT TO THE PUD DEVELOPMENT PLAN FOR THE
SMUGGLER MOBILE HOME PARK
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, May 22, 1990 at a meeting to begin at 4:30 pm before the
Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130
South Galena Street, Aspen, Colorado to consider an application
submitted by Smuggler Mobile Home Owners Association requesting
that the PUD Development Plan be amended. The applicant proposes
amendments to the Dimensional Requirements of the PUD and
expansions which would more accurately reflect the existing
situation in the Smuggler Mobile Home Park.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920-5090.
s/C. Welton Anderson, Chairman
Planning and Zoning Commission
Published in The Aspen Times on May 3, 1990.
City of Aspen Account.
0
PUBLIC NOTICE
RE: PROPOSED AMENDMENTTO SECTION
5-208, MOBILE HOME PARK 'LONE DIS-
TRICT OF THE ASPEN LAND USE
REGULATIONS
NOTICE IS HEREBY GIVEN that a public
hearing will be held on Tuesday, May 8, 1990 at
a meeting to begin at 4:30 pm before the Aspen
Planning and 'Zoning Commission, 2nd Floor
Meeting Room, 130 South Galena Street, Aspen,
Colorado to consider an application submitted
by Smuggler :Mobile home Owners Association
requesting that the Aspen land Use Regula-
tions be amended. The applicant proposes
amendments to the Dimensional Requirements
of the Mobile Home Park 'Lone District which
would more accurately reflect the existing situa-
tion in the Smuggler Mobile home Park.
For further information, contact the Aspen/
Pitkin Planning oflice,130 S. Galena St, Aspen,
Co 920-5090.
✓C. Welton Anderson, Chairman
Planning and Toning Commission
Published in the Aspen Times April 12, 1990.
LAW OFFICES
BROOKE A. PETERSON
A PROFESSIONAL CORPORATION
315 EAST HYMAN AVENUE APR? 6I990
ASPEN, COLORADO 81611
(303) 925-8166
TELEFAX: (303) 925-1090
April 24, 1990
Leslie Lamont
City of Aspen/County of Pitkin
Planning Office
130 South Galena
Aspen, Colorado 81611
RC: Smuggler Mobile Homeowners Association/City of Aspen Code
Amendment
Dear Leslie:
In accordance with the letter I received on April 23, 1990 from
Debbie Skehan, Administrative Assistant, enclosed please find a
letter dated April 24, 1990 authorizing me to represent the
Smuggler Mobile Homeowners Association with respect to the
application to amend the City of Aspen Municipal Code. Should
you need any further information, please do not hesitate to
contact me. Thank you for your time and attention to this
matter.
Yours very truly,
BROOKE A. PETERSON, P.C.,
A Professional C�nrporation
cc: Smuggler Mobile Homeowners Association
•
•
74 d � _ �()
April 16, 1990
LAW OFFICES
BROOKE A. PETERSON
A PROFESSIONAL CORPORATION
315 EAST HYMAN AVENUE
ASPEN. COLORADO 81611
(303) 925-8166
TELEFAX: (303) 925-1090
Leslie Lamont
City of Aspen/County of Pitkin
Planning Office
130 South Galena Street
Aspen, Colorado 81611
HAND DELIVERED
Re: Proposed Amendment to City of Aspen Municipal Code/
Smuggler Mobile Home Park
Dear Leslie:
In accordance with our conversations and your requests, please
allow the following to constitute application, on behalf of
Smuggler Mobile Home Owners Association, for amendment to the
text of Section 5-208, Subsection D, Dimensional Requirements in
the MHP District of the City of Aspen Municipal Code ("Code").
In accordance with our meeting of April 2, 1990, I am enclosing
with this letter the following materials, which will constitute
our application:
(1) Seven (7) copies of my letter dated March 6, 1990,
wherein the requested amendments to the Zoning Code are listed.
In summary, we are requesting that the Code be amended to reduce
the following:
�a) Minimum lot area to Twenty -Four Hundred (2,400)
square feet.
(b) Minimum lot area for dwelling unit to Twenty -Four
Hundred (2,400) square feet.
(c) Minimum lot width to Thirty -Four (34 feet.
c "!
Minimum front yard (excluding hitch) to Zero (0)
feet.
(e) Minimum side yard to Ten (10) feet on one side and
Zero (0) fee -on the other side.
(f) Maximum height for administrative building to
Fifteen (15) feet.
Leslie Lamont
April 16, 1990
Page 2
(g) Minimum distance between principal and accessory
buildings be Zero (0) feet, if a One (1) hour file wall is built
on the adjacent wall of the accessory building.
(2) Seven (7) copies of a letter from the Smuggler Mobile
Home Owners Association regarding the existing problem and the
proposed solution, as well as the number of "double wide" mobile
homes existing in the Smuggler Mobile Home Park in 1989 and in
1990.
(3) Seven (7) copies of the Rules and Regulations of the
Architectural Control Committee of the Smuggler Mobile Home
Owners Association. These rules and regulations are rigorously
enforced and as indicated in item (b), the City of Aspen Building
Department will not review any plans until those plans are
approved by the Architectural Control Committee in the Smuggler
Mobile Home Park.
(4) Seven (7) copies of the Protective Covenants for the
Smuggler Mobile Home Park Subdivision. Please look closely at
Articles V, VI, and VII regarding the use of the lots, the
Architectural Control Committee and enforcement of the Protective
Covenants.
(5) Seven (7) copies of the Plat of the Smuggler Mobile
Home Park Subdivision with mobile homes located thereon with
respect to lot lines as of April 8, 1990.
(6) Seven (7) copies of the Pre -Application Conference
Summary.
(7) A check from the Smuggler Mobile Home Park Home Owners
Associatoin in the amount of One Thousand Six Hundred Ninety
Dollars ($1,690.00) for the application fee. As I told you, I
intend to ask for a refund of this amount to due to the fact that
the Smuggler Mobile Home Park is One Hundred Percent (100%)
employee housing.
As I hope I have conveyed in our conversations and as you will
see from the materials enclosed, the present dimensions in the
mobile home park zone in the City of Aspen Land Use Code simply
do not meet the existing situation in the Smuggler Mobile Home
Park. It is the desire of the Smuggler Mobile Home Home Owners
Association to conform the requirements of the Aspen Land Use
Leslie Lamont
April 16, 1990
Page 3
Code to the existing situations in the Smuggler Mobile Home Park
with respect to set -backs and lot dimensions. The proposed
amendments will accomplish that purpose. Accordingly, we would
ask that the City adopt the amendments to the Code suggested in
my letter of March 6, 1990.
Should you need any further information, please do not hesitate
to contact me. I look forward to completing this amendment as
soon as possible as several families are unable to complete their
plans for upgrading their mobile homes at this time. Thank you
for your immediate attention to this matter.
Yours very truly,
BROOKE A. PETERSON, P.C.,
A Profe,&s4onal/C3xporation
A: Fet4Arson
P/i3kf
0 CITY OF ASPEN •
PRE -APPLICATION CONFERENCE SUMMARY
PROJECT:,-.�
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE:
OWNER'S NAME : )
SUMMARY
`�
1. Type of Application: (' C e (t �-t " ,. ()1y (-'),[,�)
2. Describe action/type of development being requested:
,�) `� t �_(�, � � � , �( •� �,� •l 1. � (.t l(� �
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent
Comments
4.
Review is: (P&Z
Only) (CC Only) (P&Z then
to CC)
5.
Public Hearing:
(NO)
(YES-)) (NO)
6.
Number of copies
of the application to be submitted:
7.
What fee was applicant
requested to,submit:
8.
Anticipated date
of submission:, 1. lily �l
9.
COMMENTS/UNIQUE
CONCERNS:
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SMUGOR MOBILE IICME OWNERS) ASSWTION
301 OAK LANE
ASPEN, COLORADO 81611
April 11, 1990
Leslie Lamont
Planning and Zoning Department
Aspen, Colorado 81611
RE: Change in Aspen Land Use Regulations --Section 5-208, Residental
Mobile Home Park.
I. History: Smuggler Mobile Home Park (SMP) has been in ex-
istence since about 1965 with the majority (> 75%) of the homes
sited with respect to each other as they are today. That is,
specifically, that all of the land on one side of your home is
your yard and the land on your other side is your neighbor's
yard. All of the plat maps submitted to P&Z and Council are
based on this idea. In detail, zero (0) foot setback on one
side, minimun ten (10) foot setback on the other side; zero (0)
foot setback in the Front, and minimun five (5) foot setback in
the Back from the lot lines. (Note that Front lot line
averages eight (8) feet back from the Roadway.) The lots are
a minimun of 35 feet wide and 50 feet long.
About twelve (12) mobile homes had to be moved in 1982
(at a cost to SMP of approximately $30,000.00) to achieve this.
The intent was to make every lot big enough for a doublewide
of 24 feet wide and still meet the required ten (10) foot side
setback. The Front lot lines were on average laid out eight (8)
feet back from the road curbs. This area between the Front lot
line and the curb is limited common easement which guarantees
a minimum of 2 parking spaces per home, as no construction is
allowed on it. NO PARKING is allowed on the road at any time
and is enforced.
The approvals by Council in 1982 when SMP was made into
Co-op lot ownership, and again in 1987 when the lots were made
fee simple ownership, were made based on the sitting of mobile
homes.
Since 1982, about 32 new homes and/or additions have been
installed in SMP following these setbacks. These setbacks meet
the unit spacing requirements of the City of Aspen Mobile Home
Park Standards Section 14-6.
SMP has very detailed (see exhibit A) Rules, Regulations and
Page 2: Leslie wont, P&Z, SMP Land Usagelegulations
Procedures for all construction and new mobile homes in the
Park, and they have been rigourously followed. The Building
Department, under our request, will not accept any applications
unless they have been approved, signed off on, and stamped by
SMP Architectural Committee.
2. The Problem: In 1987, the Aspen Land Use code was rewritten and
Section 5-208 which pertains to residental Mobile Home Parks
made SMP (which is the ONLY Mobile Home Park in Aspen with SPA
zoning) 100% non -conforming. This code revision was done
without notification to SMP by mail or by verbal communications,
dispite the incredible impact this revision would have on SMP.
It is assured that legally sufficient notice was given in the
newspapers. No one at SMP, or our lawyer, had any idea that
this was happening.
Under this new section 5-208, NO building permits are
being issued for new Mobile Homes since about February, 1990.
There are about eight (8) owners at this time who are trying
to bring new Mobile Homes into SMP to replaced their old homes.
3. The Solution: Change to code as follows:
Section 5-208 Subsection D: Dimensional Re uiremennts.
(a) the minimum lot size be reduced to wen y- our Hun red
(2,400) square feet; (b) the minimum lot area for dwelling
unit be reduced to Twenty -Four Hundred (2,400) square
feet, (c) the minimum lot width be reduced to Thirty -Four
(34) fuil feet, (d) the minimum front yard, excluding
hitch on the mobile home, be reduced to Zero (0) feet,
(e) that the minimum side yard be reduced to Ten 10) feet
on one side and Zero (0) feet on the other side; f) the
maximum height for administrative service buildings be
reduced to Fifteen (15) feet; and (g) that the minimum
distance between principal and accessory buildings be
made Zero (0) feet, if a one hour fire wall is built on
the adjacent wall of the accessory building.
4. Point of Interest:
A. In In Projected In
1981 1990 2000
Number of Singlewides: 65 39 0
Number of Doublewides: 21 47 86
B. Plat Map showing lot lines and Mobile Home sitting with
respect to the lot lines (see exhibit B).
Page 3: Lesli*mont, P&Z, SMY Land Usage egulations
C. Average Resident Profile:
1. 15 year Aspen residency
2. Service type occupations
3. Purchased a single wide Mobile Home in 1980 for
$20,000.00 that was already 10 years old. Paid 17% interest
rate on their loan.
4. Purchased their 2700 square feet in 1982 for $25,000.00
and paid 19% interest rate on this loan, until 1987 when lots
went fee simple and interest rates went to 13%.
5. Residents want and are finally able to start upgrading
their 20 year old singlewides to new doublewides.
Thank You,
Smuggler Mobile Home Owners Association
Smuggler Mountain Park
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LAW OFFICES
BROOKE A. PETERSON
A PROFESSIONAL CORPORATION
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
(303) 925-8166
TELEFAX: (303) 925-1090
March 6, 1990
We 71990
Leslie Lamont
City of Aspen
Planning Department
130 South Galena
Aspen, Colorado 81611
Re: Smuggler Mobile Home Park
Dear Leslie:
In accordance with our conversation last week, I wish to advise
you of the proposal of the Smuggler Mobile Home Owners
Association with respect to the amendment of the City of Aspen
Land Use Regulations ("The Code") dealing with mobile home parks.
We believe that the Code should be amended in the following
fashion:
A. Section 5-208 Subsection D: Dimensional Requirements.
We would propose that: (a) the minimum lot size be reduced to
Twenty -Four Hundred (2,400) square feet; (b) the minimum lot area
for dwelling unit be reduced to Twenty -Four Hundred (2,400)
square feet, (c) the minimum lot width be reduced to Thirty -Four
(34) full feet, (d) the minimum front yard, excluding hitch on
the mobile home, be reduced to Zero (0) feet, (e) that the
minimum side yard be reduced to Ten (10) feet on one side and
Zero (0) feet on the other side; (f) the maximum height for
administrative service buildings be reduced to Fifteen (15) feet;
and (g) that the minimum distance between principal and accessory
buildings be made Zero (0) feet, if a one hour fire wall is built
on the adjacent wall of the accessory building.
As we discussed, it is my client's belief that these
changes will reflect the existing situation in the Smuggler
Mobile Home Park ("The Park") more accurately and thereby reduce
the non -conformity of the Park. For example, presently
approximately seventy per cent (70%) of the lots in The Park are
approximately Twenty -Four Hundred (2,400) square feet in size. A
number of the owners wish to replace their old mobile homes, with
new "double -wide" homes. It is my feeling that if the lots were
non -conforming in size this might be prohibited. Reducing the
minimum lot size would eliminate this non -conformity. Similarly,
the lot width of most of the lots in the Park are presently
Thirty -Seven (37) feet. Again, since most of the lots are now
non -conforming, the proposed amendment would eliminate that
problem.
•
Leslie Lamont
March 6, 1990
Page 2 of 2
In addition, you and I have discussed the reason that
we want zero lot lines in The Park. We would like to be able to
put the mobile home up against the front lot line where it would
be more convenient. In addition, most of the lots already
contain a limited easement in the front yard for parking to give
the set -back from the streets. Most of the mobile homes in the
Park presently have ten (10) feet on one side and zero (0) feet
on the other side in order to create the greatest possible yard
size.
As we discussed, the residents of the Park wish simply
to have the mobile home park zone district requirements conform
to what in actuality exists in the Park at the present time.
Since it is almost inconceivable that any more mobile home parks
will be built within the city limits of Aspen, I think it makes
sense to conform the Code to the existing situation, so that the
mobile homes and lots in the Smuggler Mobile Home Park are
conforming to the zone district requirements.
As you explained to me, there are a number of revisions
to the Land Use Code which I understand will be processed
sometime in the latter part of this month or in April. I would
appreciate being included in those discussions with respect to
the amendments that are suggested herein.
I thank you for your time and attention to
Please feel free to contact me should you require
information for our request. Thank you very much.
Very truly yours,
BROOKE A. PETERSON, P.C.,
A Professional Corporation
By
Brooke A. Peterson ='s�
BAP/skf
cc: Smuggler Mobile Homeowners Association
this matter.
any further
RULES REGULATIONS AND PROCEDURES
FOR THE SMUGGLER MOBILE HOME PARK
ARCHITECTURAL COMMITTEE
The Architectural Committee of the Smuggler Mobile Home Park
Homeowners' Association, pursuant to the Declaration of Protect-
ive Covenants, Conditions and Restrictions of Smuggler Mobile
Home Park Subdivision, Pitkin County, Colorado (hereinafter
referred to as "Covenants"), specifically Article VI, Section 1
of the Covenants, hereby promulgates and approves the following
rules and regulations to govern the architectural control
process.
PROCESS
I. General Requirements. All improvements, sheds, construct-
ion, landscaping and alterations on any lots within Smuggler
Mobile Home Park shall conform to the requirements of the
Covenants.
II. Review Sequence. The review sequence set forth herein is
to be used for approvals of residences and major site development
activity, including additions occurring in Smuggler Mobile Home
Park.
A. Informal Preapplication Conference. Prior to formal
filing of an application, an owner/applicant may confer with the
Architectural Committee to obtain information and guidance. The
Architectural Committee shall meet on the last Wednesday of each
month. The purpose of such a conference is to permit the applic-
ant and members of the Architectural Committee to informally
review the proposal before substantial commitments of time and
money are made. Any informal and/or preliminary approval or
disapproval shall be for informational and guidance purposes only
and shall in no way bind the Architectural Committee. The
Architectural Committee shall never be finally committed or bound
by any preliminary or informal approval or disapproval until such
time as complete architectural and site development plans,
specifications, materials and colors are submitted and approved
or disapproved in accordance with the procedures set forth
herein.
B. Design Submission. The actual review of the proposed
plan will be during design submission. The design review will
focus on the following issues:
- Determine that the proposed building and site uses
are within the appropriate location on the lot.
- Determine that the colors, tones, building mater-
ials, landscape materials, and other site and
architectural improvements are consistent with the
general and site specific design criteria, and with
the Covenants.
1
C. Construction Review. The final step review will be to
review construction plans and monitor the building during the
construction period as follows:
- Determine that the construction is consistent with the
plans approved by the Architectural Review Committee.
- Review the construction -activity to minimize the off -site
construction impacts on the surrounding residents.
- Check construction progress relative to the construction
schedule.
D. Completion Review. Upon completion of any project,
the Architectural Committee shall review the project to insure
full conformance with the design as submitted.
III. Submission Requirements.
A. Design.
1. The design submission is the general stage of review.
The applicant shall file an application for design submission
review approval with the Architectural Committee that includes
the following:
(a) Two (2) 8', by 11" drawings showing all four corners
of the lot, the placement of the home, building foot
prints, proposed sidewalks, parking areas, and elevation
of the proposed improvement, structure, shed, alteration,
or landscaping;
(b) Color and material samples for building walls and
roof; and
(c) Design details sufficient so as to describe the
design of the proposed improvements.
2. The applicant shall submit to the Architectural
Committee not less than two (2) sets of all required documents
for the Design Submission application. The Architectural
Committee shall review the submission for completeness and may
request additional information if the submission does not contain
necessary information to show conformance with the provisions of
the schematic Design Submission approval, and the rules and
regulations of the Architectural Committee and the Covenants.
3. When the submission is certified complete by the
Architectural Committee, the Architectural Committee shall have
forty five (45) days thereafter within which to review the
application to determine if the design submission is in
substantial conformance to the Rules and Regulations and the
Covenants and notify the applicant of the findings. If a meeting
is required to review the findings, it shall be held not less
than thirty (30) days after the date on which the applicant is
notified of the Committee's findings. The meeting shall be held
Pa
at a date, time and location in Aspen, Colorado mutually conven-
ient to the applicant and the Architectural Committee. Notwith-
standing the foregoing, an applicant need not be present for the
Architectural Committee to act on an application before it.
4. Before the Architectural Committee shall approve any
Design Submission application, the applicant must demonstrate and
the Architectural Committee must find that the design submission
is in substantial conformance with these Rules and Regulations
and the Covenants.
B. Construction of Improvements. From and after the time
an applicant receives Design Submission approval, the applicant
may proceed toward commencement of the proposed improvements,
PROVIDED, HOWEVER, that improvements shall strictly conform to
all the requirements and provisions of the Design Submission. On
receipt of Design Submission approval, an applicant shall agree
that any members of the Architectural Committee may periodically,
from time to time, review the construction progress to determine:
1. Construction is consistent with the plans approved by
the Architectural Committee.
2. Off -site construction impacts on the surrounding
residents are minimized.
3. Construction progress conforms to the construction
schedule.
Upon completion, the improvements will be finally inspected by
the Architectural Committee. In the event construction differs
in any material or significant fashion from the Design Submission
approval, after notice to the applicant and a hearing at which
the applicant shall be entitled to be present to determine
whether a violation of the approvals has occurred, which hearing
shall be held not more than seventy two (72) hours after the
discovery of the violation or as soon thereafter as is reasonably
practicable, the Architectural Committee, if it determines that a
significant and/or material deviation from the approved plans has
occurred, may withdraw its approval. In such case, the Architec-
tural Committee and the Homeowners' Association shall be entitled
to exercise any remedies either of these entities may have under
the law or which either of them may have been granted pursuant to
these Rules and Regulations and/or the Covenants.
C. Records. The Architectural Committee shall appoint a
secretary, who may or may not be a member of the Architectural
Committee, to keep a record of all Architectural Committee
meetings and actions. An official copy of such records shall be
filed with the records of the Homeowners' Association.
DESIGN CRITERIA
The Architectural Committee, pursuant to the authority granted
to it in the Covenants, hereby determines that the following
restrictions and limitations shall be necessary throughout
3
Smuggler Mobile Home Park to preserve the harmony of external
design of homes and improvements within Smuggler Mobile Home Park
and the location of improvements with respect to harmony and
finish grade elevations. No submissions shall be approved which
are inconsistent with these requirements:
1. Height and Support Limitations: All mobile home install-
ations, additions and improvements shall not exceed fourteen (14)
foot roof height. The height shall be measured thirty five (35)
feet back from the roadway's zero lot line.
The minimum distance from the bottom of the supporting I -
beams of the mobile home to the ground shall not be less than
sixteen (16) inches.
In all new mobile homes, all new construction, whether it be
an addition or alteration, the roof pitch must be at least one
and one-half (1-',) feet in twelve (12) feet.
Any solar panels which may be installed also cannot exceed
height limitations expressed herein.
2. Floor Area Ratio: Eighty (80) square feet of floor area
shall be allowed for each one hundred (100) square feet of lot
area within the subdivision setbacks. The subdivision setbacks
are: front yard zero (0) feet, one side yard zero (0) feet, the
other side yard ten (10) feet, back yard five (5) feet. All
living spaces, basements, sheds and garages are included in the
calculation of the floor area. Uncovered decks or open stairways
shall not be included in this calculation.
3. Parking: There shall be a minimum of two (2) off-street
parking spaces for each lot on the combination of lot and the
adjacent part of the roadway easement which may be used for
parking in accordance with the covenants. For any mobile home
over one thousand five hundred (1,500) square feet in living
area, three (3) parking spaces are required, for any mobile home
in excess of two thousand (2,000) square feet, four (4) parking
spaces are required, and for any mobile home in excess of two
thousand five hundred (2,500) square feet, five (5) parking
spaces are required, all to be on the aforementioned combination
of the lot and the easement. When garage spaces count as parking
spaces, the floor area of any garage shall not be included in the
calculation of living area for computing required parking spaces.
4. Setting a Mobile Home: If any owner intends to install a
new mobile home on his lot, he shall submit a structural diagram
of the new mobile home to the Architectural Committee in accord-
ance with the procedure set forth herein. All new mobile homes
shall be supported by reinforced concrete pads which are at least
two (2) square feet and buried six (6) inches deep adequate to
support that structure. Any exposed pads on the perimeter of the
new mobile home must be supported below the frost line which, in
well -drained soil, is six (6) inches. Any unexposed pads can be
on surface level. Any original survey stakes must be located or
relocated and replaced by a survey if disturbed during installat-
4
•
r�
u
ion.
5. Additions•
all requirements
City of Aspen,
Regulations.
All additions, including basements, must meet
of the Uniform Building Code as in force in the
the Protective Covenants and these Rules and
6. Decks and Porches: If any deck or porch is over thirty
(30) inches above ground, it shall be considered a structure and
a thirty six (36) inch railing from deck level shall be required.
The railing shall be constructed so that a six (6) inch sphere
cannot pass through the railing. Any new deck or porch must be
at least six (6) feet from any home located on any adjacent lot.
7. Sheds and Out Buildings: No shed or out building shall
exceed eight (8) feet in height. All sheds and out buildings
shall be set back ten (10) feet from adjoining structures. A
permit shall be obtained from the City of Aspen prior to the
movement of any shed. One hour burning wall (5/8" sheet rock) is
required in construction if the shed or out building to be
constructed is within five (5) feet of a mobile home. No shed or
out building shall be installed within five (5) feet of the side
yard or front lot lines.
8. Fences: No fence shall exceed six (6) feet in height
above grade. Any fence over six (6) feet requires a building
permit from the City of Aspen. All of the materials and const-
ruction techniques utilized in the construction of any fence are
subject to the approval of the Architectural Committee.
9. Skirting: Any materials and construction techniques
utilized in the construction of any skirting are subject to the
approval of the Architectural Committee. Any skirting which is
constructed must allow for adequate utility access underneath any
home.
10. Fireplaces: All stoves must be approved for mobile home
use. The insulation and construction techniques utilized in the
construction of any fireplace must be approved by the Architect-
ural Committee.
11. Satellite Dishes: No satellite dish may be greater than
six (6) feet in height and, regardless of size, cannot obstruct
any person's view plane within the Smuggler Mobile Home Park.
Any approved dish shall be installed at least six (6) feet from
any building and five (5) feet from all property lines.
12. Easements: No structures of any kind shall be allowed on
any easement reserved to the Homeowners' Association or any other
entity. The landscaping of any easement shall be approved by the
Architectural Committee.
Dated this day of
•::
5
•
•
ARCHITECTURAL COMMITTEE OF
SMUGGLER MOBILE HOME PARK
rxx 535 F�-JS4
N
L On +
J V O
'v c
�7C
DECLARAIII014 OF v d
PROTECTIVE COVENANTS, CONDITIONS
AND RESTRICTIONS
OF
SMUGGLER MOBILE HOME PARK SUBDIVISION
4 j'11
eax 535 ma985
DECI.ARATICN OF PROTECTIVE
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SMUGGLER MOBILE HOME PARK SUBDIVISION
TABLE OF CONTENTS
Article I Definitions Page 1 Ij
Article II Property Subject to this Declaration Page 2 1
Article III Association Page 3
Article IV Property Rights Page 5
Article V Use Restrictions Page 6 '
Article VI Architectural Control Committee Page 10
Article VII Enforcement Pago 13
Article VIII Sale of Property Page 15
Article IX Variances Page 16
Article X Immunities and Liabilities Page 16
Article XI Applicability of Precise Plan and
Subdivision Agreement and Amendment to
Precise Plan and Subdivision Agreement Page 17
Article XII General Provisions Page 17
DECLARATION 000A 535 F,,0 6
PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SMUGGLER MOBILE HOME PARK SUBDIVISION
This Declaration made on the 15 day of April, 1987 by the
SMUGGLER MOBILE HOME OWNERS' ASSOCIATION, A Colorado Cooperative
Corporation, nereinafter sometimes referred to as Declarant,
W I T N E S S E T H
WHEREAS, the Declarant is the owner in fee simpl.: of the
following described real property situate in the County of
Pitkin, State of Colorado, to w:t:
Lots 101 through 328, First Amended Plat, Smuggler Mobile
Home Park Subdivision situate in Pitkin County, Colorado,
according to the plat thereof recorded in the office of the
County Clerk Recorder of Pitkin County, Colorado, on
�, in Plat Book jJ at Page yL i and
WHEREAS, the Declarant will convey Lots, as the term is
hereinafter referred in said Property, subject to certain
protective covenants, conditions, restrictions, reservations,
liens, and charges as hereinafter set forth;
NOW THEREFORE, Declarant hereby declares that all of the
above described property is hereby made subject to the following
easements, restrictions, covenants, and conditions, all of which
are for the purpose of enhancing and protecting the value,
desirability and attractiveness of the real property. These
easements, covenants, restrictions, and conditions shall run with
the real property and shall be binding on all parties having or
acquiring any right, title or interest in the described property
or any part thereof, and shall inure to the benefit of each owner
thereof.
ARTICLE I
DEFINITIONS
Section 1. "Associatior," shall mean and refer to the
Smuggler Mobile Home Owners' Association, a non-profit Colorado
corporation, its successors and assigns.
Section 2. "Property" shall mean and refer to that certain
real property known and platted as the Smuggler Mobile Home Park
Subdivision and such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
Section 3. "Lot" shall mean and refer to the designated plot
of land within the Property conveyed or to be conveyed to an
"Owner" upon which there has been constructed or will be
constructed a mobile home, modular home or prefabricated home.
`_
L K 535 Pa, 97
Section "Owner" shall mean and refer, to the record owner,
whether of one or more persons or entities, of the fee simple
title to any Lot which is n part of the Property, including
contract sellers, but excluding those having such interest merely
as security for the performance of any obligation.
Section 5. "Common Area" shall mean all real property owned
by the Association for the common use and enjoyment of the
members of the Association and shall include all areas shown on
the recorded plat of the Property not conveyed to an owner as
part of a Lot.
Section 6. "Member" shall mean and refer to every person or
entity who holds membership in the Association.
Section 7(a). "Institutional First Mortgagee" means a bank,
or savings and loan association, or any insurance company, or
pension fund, or real estate trust, or any other party which is
engaged in the business of mortgage financing, which owns or
holds a first and prior mortgage encumbering a Lot, and shall
include any corporate subsidiary of such entity.
(b) The term "institutional first mortgage" means a mortgage
executed in favor of a bank, or a savings and loan association,
or any insurance company, or a pension fund or a real estate
trust, or any other party engaged in the business of mortgage
financing, which is a first and prior mortgage encumbering a Lot.
Section 8. "Declaration" shall mean and refer to the within
instrument, together w th those eschibits which are attached
hereto and made a part hereof and shall include such amendments,
if any, as may be adopted from time to time pursuant to the terms
hereof.
Section 9. "Articles of Incor oration" shall mean and refer
to the Articles of Incorporat on for the Smuggler Mobile Home
owners' Association, Inc., and shall include such amendments, if
any, as may be adopted from time to time pursuant to the terms
thereof.
Section 10. "By -Laws" shall mean and refer to the By -Laws of
the Smuggler Mobile Home Owners' Association, Inc., and shall
include such amendments, if any, as may be adopted from time to
time pursuant to the terms hereof.
Section 11. "Plat" shall mean and refer to the First .=upended ,
Plat of the Smuggler Mobile Home Park Subdivision as is recorded
in the records of Pitkin County, Colorado, and any other plat
referred to therein.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
This Property shall be held, transferred, sold, conveyed,
and occupied subject to the terms of this Declaration, and any
lawful amendments hereto.
(n]pppp
ARTICLE _I I UIJ:N ,),!� J f:�EJ 7:7
ASSOCIATION
Section 1. Membership. Every person or entity who is a
record owner of a fee ur undivided fee interest in any Lot which
.s subject to covenants or of record tc assessment by the
Association, including contract sellers, shall be a Member of the
Association. The foregoing is not intended to include persons or
entities who hold an interest merely as security for the perform-
ance of an obligation. No Owner shall havr, more than one
membership. Membership shall be appurtenant to a Lot and may not
be separated from ownership of any Lot which is subject to
assessment b; the Association. Ownership of such Lot shall be the
sole qualification for membership. Members shall be entitled to
one (1) vote for each Lot owned.
Section 2. Purpose of Association. 'rho Association has
created to further the interests of been
the property owners within
the Property, to assume the responsibility for the architectural
control within the Property, and to regulate, manage and maintain
lands within the Property, and to own certain lands within the
Property, all in accordance with this document. The Owners shall
be required to pay assessments levied by the Association for the
costs of performing its functions hereunder, which assessments
shall be prorated as determined by the Board of Directors of the
Association. Each Owner of any Lot, by the acceptance of a deed
therefor, whether or not it shall be so expressed in any such
deed or other conveyance, is deemed to covenant, which covenant
shall run with the land and be binding on every Owner, and agree
to pay to the Association: (1) annual assessments or charges, and
(2) special assessments for capital improvements or charges
relating solely to any Lot leased in accordance with the terms
hereof, and (3) annual assessments or charges to effect payment
of property taxes which may be assessed against the personal
property which may in the fut�;re be located on, or contained in,
the Property; and such assessments shall be fixed, established
and collected from time to time as hereinafter provided.
Section 3. Use of Assessments. The assessments to be levied
by the Association shall —be used Exclusively for the purpose of
promoting the recreation, health, safety, and welfare of the
residents of the Property and shall specifically include but not
be limited to: the maintenance of all lighting and parking
facilities in the Common Area; payment for the improvement and
maintenance of the Common Area and Property, services and
facilities related to the use and enjoyment of the Common Area
and Property. The lien of the assessments provided for herein
shall be superior to all other liens save and except tax liens
and the liens of any bona fide institutional first mortgagee,
provided, however, that said mortgage liens are first liens
against the property encumbered thereby, subject only tc, tax
liens.
Section 4. Payment of Assessments. All assessment payments
are due on the first day of the month after they are levied. If
those payments are not received by the fifth day of the month,
the Association shall be empowered to institute all appropriate
LI N 535 1;,A89
pr,u_cedinys ncc,is:,ary to collect the same. All assessments arc
pdyable to t.,e Asscciation by persr,nai ul certified -heck, money
order or ca:;h. In the event any rise.;smcnt is !lot Laid within
five (S) days of t'�c date it is due, there snail be assessed a
charge of Ten Dollar (fi0.00) or such other amount as is set by
the Board of Directors of th.: Association for each five 15) day
period or portion thereat, commencing as ut the first day of each
mont.,, and for each five (5) day period or portion thereof
thereafter, up to a mdximiun of six (b) five (S) day periods,
payable in .addition to any Zsscssment then due.
Section 5. Effect of Non -P tnent ;f Assessments. It the
Owner or owners of any Lot tail, after demand, to pay any
assessment levied by the Association, then the Association shall
have a lien, from and after the time of notice of such failure to
Pay is recorded in the office of the Clerk and Recorder of Pitkin
County, Colorado, against the parcel of such owner or owners for
the amount due and unpaid, plus interest from the date of demand
for payment at the rate of twenty (20%) percent per annum, plus
all costs and expenses of collecting any unpaid assessments,
including reasonable attorneys' fees. This lien may be fore-
closed in the manner provided for foreclosures of deeds of trust
and mortgages in accordance with the laws of the State of Colorado. Each such assessment, together with such interest,
costs, and reasonable attorneys' fees for its collection,
including at the appellate level, shall also be the personal
obligation of the person or entity who was the owner of such
property at the time when the assessment fell due, his successors
and assigns.
Section 6. Right of First Refusal. The Association, upon the
pr�lposed sale of any Lot, shall have the right to purchase the
Lot upon the same terms and conditions as the conditions of any
proposed sale of such Lot. The Owner agrees to give the
Association notice of the terms and conditions of the proposed
sale at least sixty (60) days in advance of any proposed sale.
Within thirty (30) days f:•om the date of delivery of the terms
and conditions of any such assignment to the Association, the
Association agrees to give the Owner notice of its exercise of
its right of first refusal to purchase the Lot upon .he terms and conditions contained in any offer which the Owner desires to
accept, and which it has received notice of. In the event that
the Association does not exercise its right of first refusal, the
Owner shall be free to close upon the sale pursuant to the terms
of the offer as given to the Association. Should the Owner not
close upon the sale pursuant to the terms of such offer, then
upon any other proposed sale, the Association shall have the
right of first refusal as specified herein. In the event the
Board of Directors of the Association does not have sufficient
funds on hand for any purchase, it may either borrow s,ich funds
or it may assess the Owners therefor. Any sale, voluntary
transfer or conveyance which is not authorized by the terms
hereof for which authorization has not been obtained pursuant to
the terms hereof is voidable and may be voided by a certificate
of the Board of Directors of the Association, duly recorded in
the office of the Clerk and Recorder of Pitkin County, Colorado.
`)()(I
ARTICLE 1V
i P( 4 ERTY R I GHTS
Sect ion 1. l:asa_ments ke: e_rv_e_d. All .-a,emenrs of record a:.d
all casements -o ntained on the Plat of the Property arc hereby
;ese;ved unto the Association, its :>uccessors any tssigns. I
ndditIon, there is hereby reserved tc, the Asso_iation, Its
successors and assigns, easements for ingress and egress and for
the installation tnd milntenance of all itrlitics and drainage
facilities, over and or. ca:h 1.Jt within the Property. Further-
more, the Association shall have the right of access to ea,:h Lot
to inspect the same, to remove 1)r abate vio1dtIoti�; of tI' s
Declaration theretrom and to abate any violation of law, order,
rules, or regulations of any yovcrnmental authority havit.y
jurisdiction thereof.
The Association and its ayents shall be permitted to visit
and examine any Lot, and any storage space assigned to any owner
at any reasonable hour of the day, and workmen may enter at any
time, when authorized by the Association or by the Association's
managing agent, to make or facilitate repairs in any part of the
Property. If the owner shall not be personally present to permit
entry into the Lot at any time when an entry shall be necessary
or permissable hereunder, the Association or its agent may
forcibly enter the Lot or improvements thereon without rendering
the Association liable to any claim or cause of action for
damages by reason thereof (if during such entry the Association
shall accord reasonable care to the Owner's property) and without
in any manner affecting the obligations and covf-nants hereof; and
the right and authority hereby reserved does not impose nor does
the Association assume by reason thereof, any responsibility or
liability whatever for 'he care or supervision of the Lot or
improvement located thereon, or any of the pipes, fixtures,
appliances or appurtenances therein contained or therewith in any
manner connected, except as may herein be specifically provided.
section 1. Members Easements of Enjoyment. Every Member
shall have a right and easement of enjoyment in and to the Common
Area and such easements shall be appurtenant to and shall pass
with the title to every Lot, subject to the following provisions:
(a) The right of tire Association, in accordance with its
Articles of Incorporation and By -Laws, to borrow money for the
purpose of improving the Common Area, and in aid thereof to
mortgage said Common Area and the rights of such mortgagee in
said Common Area shall be subordinate to the rights of the owners
hereunder; the right to mortgage the Common Area provided herein
shall not become effective until a Home has been constructed upon
each Lot within the Property and each Lot has been conveyed from
the Developer to a purchaser;
(b) The right of the Association to dedicate or transfer all
or any part of the Common Area to any public ag#.ncy, authority,
or utility for such purposes and subject to such conditions 3s
may be agreed to by the Members;
(c) The right of the Association to establish, from time to
):XK 535 FIG1991
time, certain casements over the Common Area for utilities and
common services purposes;
td) Existing e.sem-_nts and agreements of reco:d.
ARTICLE v
USE RESTRICTION:;
Section 1. Residential Ise. No owner shall, without the
written c,�nsent of the Board ilf Directors of the Assoc-iation,
occupy or use any Lot or permit the same or any part thereof to
be occupied or used for .+ny purpose other than for the IocatiOil
of a first class mobile home, modular home or a prefabricated
home, for residential purposes as mry be permitted by _hese
Protective Covenants. Furthermore, no Lot may be resubdivided.
No improvements upon any Lot jhall b.: occupied by anyone other
than the owner thereof, member:+ of the. Owner's family, guests of
the Owner for a period of time not exceeding one (1) month,
provided the Owner or mem.)er of tt.e Owner's family are in
occupancy, without the consenr. of the :Board of Directors of the
Association.
Section 2. L-jase of Lot and Improvements Thereon. The Owner
of any Lot shall not lease the whole or any part of any Lot, or
the improvements thereon, for any term to any person or pervons
or renew or extend any previously authorized leatre -ehere ar.y part
of the improvements on the lot will not actually rye occup:ed by
the owner thereof for any period of time in excess of s:x (6)
months in any one (1) calendar year, unless consent thereto shall
have been duly given by the Board of Directors of the Associat-
ion, which consent shall be ev_denced by an instrument, in
writing, signed by an officer of the Association, its attorneys
or its managing agent. This condition shall not apply to those
Lots which as of the date hereof are utilized by the owners
thereof for the housing of the Owner's employees. In the event
any such I.ot and the improvements thereon shall cease to be
utilized in the present manner, all the conditions of this
section shall be applicable to the Lot and the improvements
thereon. Furthermore, none of the Lots or the improvements
therec.n may be conveyed for use as employee housing for the owner
thereof except in conjunction with and as a part of the bona fide
sale cf the present owner's business as it exists or, the date
hereof. Any consent given to a proposed lease may t.e conditioned
upon compliance by the Owner with any, requirements -made with
respect to such leasing and upon the payment by the Oj,ier of all
expenses incurred by the Board of Dir,tcr.ors of the Association in
connection therewith. Whenever the Owner applies for consent to
any lease, the Owner shall deliver to the Board of Directors of
t;ia As.�ociation a copy of the proposed lease to which consent is
requesi.ed. '
St ction 3. Commercial Use. :ic s.:ore, institution or other
place for the care or treatment of tie sick or disab:.ed, mentally
or physic••}tly, shall be placed :r permitted to remain on any of
the Ior.s,,.ior shall any tneatre, bar, restaurant, saloon or other
P'.ace •ef i,itertairunent ever be orectod or permitted upon any Lot
or- any ,art thereof. No hu,ine.is of any kind or character
w,1, i 535 msM?
whatsoever shall be conducted in or from any Lot if said business
shall generate excessive noise, traffic or shall otherwise become
a nuisance within the Property.
Section 4. Animals and Livestock. No livestock or animals of
any kind or nature shall be kept or maintained on any Lot except
for dogs and cats. Dogs shall be kept. or restricted in a fenced
ya_d or shall be restrained by a leash at all times, and shall
not be permitted to run free within the Property. Any dog or put
that becomes a nuisance by virtue of loud or offensive noise of
jn,j Yi.nd, or any other offensive activity including but not
lin.i� d to destructive behavior, may be evicted from the Property
l,; r•_ Board of Directors of the Association. All pets must be
i i:.-.culated according to the applicable laws of the City of Aspen
a:,i shall wear tags at all times. The own,,, of any pet shall be
t(iju:nslble for the removal of all rot littot from his Lot or any
of u r location within the Property whete littering has occurred.
No ti!nant of any Lot or .improvement thereon vhall be permitted to
keel or harbor any dog.
Section 5. Radio and Television )iitr.nnas. No exposed or
exterior radio transaifssl or receiving antennae
or facilities stall be u-_i:cted, Plaa:d or maintained on any part
of any Lot, uuleah s '.e sine and la:ation thereof has been
approved by the Architectural Cont.rol Cormittee.
Section 6. Tie Down and Skirtin;i. Each mobile home on any
Lot shall be secure y anc ored n ac:corSancc with the City of
Aspen and Pitkin County Building Codes. All open areas situated
between the yrcund level and the floor of the mobile home on any
Lot shall be completely skirted and enclosed within sixty (60)
days after said mobile home has been constructed or installed on
MA
any Lot.
1
) Section "7. Fire Extinguishers. All mobile homes within the
Property shall be equipped with a fully operable fire extin-
guif the City
f sher accordance tea and rwithaaismokeons odetector.
Aspen, andeachshall alsobeequippedws
Section 8. Oil , Gas and Minot Development. No mining,
substance
quarrying, tunneling, excavat ng
wlthin the earth, including oil, gas, minerals, gravel, sand,
rock, and earth, shall ever be permitted within the limits of the
Property.
Section 9. Signs. No sign and no advertising device of any
nature uhall be placed upon any Lot except for the following:
(aI a amall sign no 2,or-ler than 18" x 36" in the form and
design approved by the Architectural Control Committee, showing
the owner's name and/or property address of the Lot which
indicates that the Lot in for sale and the party, address and/or
telephone number to contac'_ for information about such gale;
(b) A name and address sign, the design and location of
which shall be approved by the Architectural Control Committee;
(c) Any other type of sign as may be approved in writing by
the Architectural Control Committee.
•
535 F,933
In addition to the remedies available by law, the Architec-
tural Control Committee may enter upon said Lot of any owner for
the purpose of removing any sign constituting a violation of this
paragraph, and may remove the same without liability on the part
of the Architectural Control Committee or the Board of Directors
of the Association.
Section 10. Parking. Each owner shall be required to park
vehicles owned by hl-m-s-e-17 rind the occupants of any improvements
on his Lot or on that portion of "Common Area" located between
his Lot and the existing roadways as shown on the Plat of the
Property. This portion of the Common Area is primarily for use by
the adjacent owner and can be ucid by others only with that
owner's permission. All visitor vehicles shall be parked within
the defined guest parking areas as shown on the plat for the
Property. All boats and/or larger vehicles must be parked in the
areas designated for long term parking or outside of the confines
of the Property. Any vehicle of ary kind which has been parked in
any designated area for long term parking shall be removed
therefrom for at least three (3) consecutive months in each
calendar year. A large vehicle shall be defined as a vehicle
exceeding any of the following dimensions: Ninety six (96) inches
in height, two hundred forty five (245) inches in length and
ninety eight_ (98) inches in width. Any vehicles improperly parked
on the streets within the Property may be towed without notice,
at the expense of the owner thereof. Unlicensed motor driven
vehicles shall not be permitted within the Property. There shall
be no substantial car repairs performed in the Property. No
inoperable vehicles shall be permitted within the Property. Any
unlicensed or inoperable vehicle shall be towed after fourteen
(14) days notice to the owner or possessor thereof, at that
individual's expense. In the event it becomes necessary for the
Association to remove any of the p-ohibited vehicles, all charges
for such removal shall be paid by she owner or possessor wit)i the
next assessment payment after subm,ssion of a statement for such
charges by the Association to the responsible individual.
Section 11. gcy Connectioi►s. Each Owner must arrange for
their own gas, eIIectr�litca an telephone connections with the
appropriate utility company. All cable
arranged through the Association. All char
trash and snow removal will be paid throuq
ment as may be levied by the Associatic
without first obtaining the written conse
(which consent shall not be unreancnably wJ
without strictly complying with any al
Association, make any alteration oY water,
pipes, electrical conduits, wiring or
fixtures, nor shall the Owner install any
equipment which shall impose an excessive
pipes, electrical conduits, wiring or
fixtures or on existing water, gas, steam c
•or the purpose of protecting any cables,
lines, the digging of any nature shall be F
express permission of the Association. The
no liability whatsoever to the owner or
resulting from any damage or injury of any
connection with such digging, and the owne
and hold harmless the Association from and
connections snail be
gas for water, sewer,
h such monthly assess-
n. No Owner shall,
nt of the Association
thheld or delayed) or
plicable rules of the
gas, steam risers or
outlets, or plumbing
electrical or other
load on such risers or
outlets or plumbing
r electrical supplies.
pipes or underground
ermitted only with the
Association shall have
any other third party
nature whatsoever in
r does indemnify, save
on account of anv such
!a
V
eoox 5:35 PAGE994
liabilities or expenses relatc3 thereto, including legal fees and
court costs.
Section 12. Road Damage. Each Owner is responsible for any
damage caused to public or private roads during the construction
of improvements upon his Lot by any vehicle belonging to either
himself or any one using the roads of the Property while engaged
in any activity benefiting the owner. Lugged vehicles are not
permitted on the roads within the Property. Furthermore, each
Owner shall also be responsible for any damage caused by utility
cuts in roads for the benefit cf his Lot.
Section 13. No Obnoxious cr Offensive Act vit . No obnoxious
or offensive activity, nor any unsightly ob ect, shall be carried
on, erected or maintained upon any Lot, nor shall any thing be
done or placed thereon which is or may become a nuisance or cause
an unreasonable embarrassment, disturbance or annoyance to others
or which may endanger the health of any resident of or visitor to
the Property. Sound ger.arotion of any type by any means is
prohibited where it is of such magnitude as to disturb the quiet
enjoyment of the residents of the Property.
Section 14. No Har.ardous Activities. No activities shall be
conducted on, and no myrovements s a conducted on any Lot,
which is or might be unsafe or hazardous to any person or
property. Without limiting the generality of the foregoing, no
open fires shall be lighted or permitted on any Lot, except in a
contained barbecue unit while attended and in use for cooking
purposes, or within a safe, well designed interior or exterior
fire place. No firearms shall be discharged within the Property.
Section 15. on n . No Lot within the Property shall ever be
occupied or used y or for any structure or any purpose or in any
manner which is contrary to the applicable coning requirements of
the City of Aspen, County of Pitkin, State of Colorado, or its
successor, or any other competent governmental body, validly
enforced from time to time, except as may be allowed under said
regulations as a non -conforming use.
Section 16. Compliance with Laws. All owners will comply
with all ordinances, laws, rules, regulations, and requirements
of all governmental authorities applicable to the use and
occupancy of any Lot in the Property.
Section 17Maintenance of Drainage. There shall be no
interference with the established ra nage pattern within the
Property, except as is approved by the Architectural Control
Committee. Approval shall not be granted unless provision is
made for adequate alternate drainage. The "established drainage
pattern" shall mean the drainage pattern which exists at the time
the overall grading of the Property is completed and shall
include any established drainage pattern shown on any plans
approved by the Architectural Control Committee. Established
drainage patterns may include the drainage pattern approved by
the Architectural Control Coucnittes.
Section 18. L*ndsgeviny. The surface of any Lot or any part
thereof shall not —regraded without the prior approval of the
Architectural Control Committee. All spaces shall be attractively
i
LI
t
doOK 535 PAGE995
landscaped and maintained in harmony with the general character
of the landscaping of the Property, and the intent of these
Protective Covenants.
Section 19. Maintenance of Space. All Lots and other parts
of the Property adjacent to the Lot shall be maintained and kept
clean at all times by the Owner or occupant. No Lot shall be used
in whole or in part for the storage of rubbish of any character
whatsGever, nor for the storage of any property or thing that
will cause such Lot to appear in an unclean or untidy condition
or that will be obnoxious to the eye; nor shall any substance,
i thing or material be kept on any Lot that will emit foul or
obnoxious odors, or that will cause any noise that will or might
disturb the peace, quiet or comfort of the occupants of the
surrounding Lots. No bulk materials, scrap, refuse or trash shall
be kept, stored or allowed to accumulate on any Lot except
4 building materials during the course of construction and only for
such reasonable periods of time as is necessary prior to the
collection of or disposal thereof.
+ Section 20. Damage to Mobile Home and/or Other m�provements.
11 Any mobile home and of erimprovements that have en
1 substantially damaged by any casualty shall, within thirty (30)
days thereof, be moved in its entirety or restored in accordance
with the specifications of the Architectural Control Committee.
The same conditions shall apply to the restoration of any other
' improvements on any space. Any change in any restoration from
the original condition of the mobile home or the improvement
shall be approved in writing by the Architectural Control
Committee in accordance with the procedures as defined herein.
ARTICLH VI
AARCHITBCTURAL CONTROL COMMTTTEL
Section 1. c a C Comm t . For the purpose
of insuring that the Property is developed and improved as an
4rea of high architectural standards, construction and mainten-
ance, the Board of Directors of the Association reserves the
power to control buildings, structures, maintenance, other
improvements, and all exterior construction done or placed on
each Lot. No structure shall be placed upon or permitted to
remain upon any Lot, or altered in any way which will change its
exterior appearance without the prior approval in writing of the
Architectural Control Committee of the Association or its
Iassigns. "Structure" as used herein shall mean any tangible
thing above or below the surface of the ground which may affect
the appearance of the property or the health or safety of any
person including, by way of illustration and not by way of
limitation, any building, garage, porch, shed, deck, patio,
fence, wall, sign, barbecue pit, tank, excavation, pipe, pole,
wire, cable, or other landscaping features. For the purpose of
exercising such power, the Board of Directors of the Association
shall appoint an "Architectural Control Committes" ("Committee"),
made up of five (5) members. Tug (2) members shall be from the
Board of Directors of the Association, and three (3) members
3 appointed by the Board of Directors of the Association for one
;A l) year terms. The committee shall adopt such rules and regulat-
ions as are necessary to carry out its duties. The vote of a
ji
10
�I
•:.rz
•
majority of sm-h r.,..,...4.«,._ em 535 PAN
which shall be in writing,
igne�-a he a committee decisions,
the Committee. In the event thatd
by t any of the
irprovman or secretary of
s of theme
rules and regulations conflict with the Land Use Codenapplicable
in Pitkin County, as applied, or in the City of Aspen, as
applied, to the Subdivision, the more restrictive of the two
Shall govern and control the decision of the Committee.
Section 2. Permitted Homes. Except as hereinafter provided,
no buildings, improvements or structures intended for residential
use or replacement structures for existing mobile homes as of the
date hereof shall be erected, placed, permitted or maintained on
a Lot other than a first class mobile home, modular home, or
prefabricated home which shall have been manufactured, construct-
ed, erected or made after 1975, having no less than five hundred
(500) square feet in total floor space. Each home shall be
located on the Lot in accordance with the rules, regulations and
desires of the Committee. No home shall be placed on any Lot
until such home is approved in writing by the Committee as to
size, condition and appearance. All homes must have complete
sanitary facilities, including a lavatory, toilet, wash basin,
tub or shower, kitchen sink, and must be connected to the sewage
outlets in conformance with the state and county health require-
ments. Upon the demand of the Committee, a photograph of any
proposed home shall be furnished for approval. Any person moving
a mobile home onto a space shall be fully responsible for any
damage to the Property, or to any property, or for any personal
injury occurring as a result of the movement of the mobile home,
its appurtenances or other improvements onto, in or out of the
Property.
Section 3. Procedure for A ova of St uctu a The
Architectural ControlCann ttee o t e Association may impose
reasonable requirements with respect to the information to be
furnished and the form and manner of presenting the same in order
to obtain approval for any structure or improvement. The Owner
shall submit plans and tPecifications, which shall clearly and
completely show and set forth the essential features and intent
of the approval, in order that the Committee may approve the
quality of workmanship and materials, harmony of external design
with existing structures and location with respect to topography
and " iish grade elevation. when submitting plans and specifica-
tions for all structures to the Committee, those plans and
jspecifications shall show at least the following: (a) the
.location of all existing and proposed structures on the Lot; (b)
'all Lot lineal (c) all materials and colors to be used which
.shall be shown by means of samples of these materials and colors.
All plans and specifications shall be submitted in duplicate.
Plans and specifications for any structure shall be deemed and
considered disapproved unless approval is expressly given and is
evidenced in writing executed by the Committee. Notwithstanding
the foregoing, if the Committee fails to approve final plans and
specifications for structure and does not expressly indicate
approval or affirmatively impose additional requirements or
request additional information to be furnished, either verbally
or in writing, within forty five (45) days after a written
request is made for written approval, the structure shall be
deemed approved by the Committee, provided, however, that the
design and location and kinds of materials of the building or
A.
,4. -.
,44.t 0 0
structure to be built upon any Lot shall stillNc�omply with the
restrictions herein set forth and shall still be in harmony with
the existing improvements upor. the Lot. The decision of the
Committee snail be final. The Committee may condition any
approval for any new structure upon the correction of all
existing, non -conformities with these Protective Covenants, and
with the provisions of the Municipal Code of the City of Aspen.
All construction shall be completed within six (6) months from
the start thereof, provided that the Committee may extend such
time when, in its opinion, conditions warrant such extension. If
any construction is not completed, the Board of Directors of the
Association shall have the right to institute appropriate court
proceedings to require the removal of all unfinished
construction.
Section 4. Meetings of Committee. The Committee shall meet
from time to time as necessary to perform its duties hereunder.
No such meeting shall be held without notice to the Owners of the
Lots immediately adjacent to the Lot for which a structure is
proposed. The Committee may, !rom time to time. by resolution in
writing adopted by the majority of the members, designate a
representative (who may, but need not, be one of its members) to
take any action or perform any duties for or on behalf of the
Committee, except the granting of approval for any structure or
improvement. The action of such representative within the
authority of such representative or the written consent or a vote
of the majority of the members of the Committee shall constitute
the action of the Committae. The Committee shall report, in
writing, all final action of the Committee, and the Board of
Directors of the Association shall keep a permanent record of
such reported action. A copy of this written report shall be
delivered to the Owner proposing the structure and the owners of
the Lots immediately adjacent to the Lot for which a structure is
proposed. No decision of the Committee shall be deemed to be
final until a written report is delivered in accordance with the
requirements of this section. No member of the Committee, any
Committee representative, the Committee, the Association, or any
member of the Board of Directors of the Association shall be
liable for any loss, damage or injury arising out of or in any
way connected with the performance of the duties of the Committ-
ee, unless due to the willful misconduct or bad faith of the
party to be held liable. In reviewing any matter, the comrr.ittee
shall not be responsible for reviewing, nor shall its approval of
an improvement be deemed approval 'if the improvement or structure
from the standpoint of safety, whether structural or otherwise,
or of conformance with building codes or other governmental laws
or regulations.
Section 5. A eel to Board of Directors of tAesociation.
gComtAny person or entity gee shall have the right to appeal the decision by written notice
thereof to the Board of Directors of the Association within
fourteen (14) days of the date of written notification of any
decision of the Committee. In that event, the Board of Directors
of the Association, with reasonaole promptness and upon no less
than ten (10) days written notice to the Owner, the Committee and
any other affected Owner, shall decide whether or not the
Committee has improperly disapproved any proposed structure. The
decision of the Board of Directors of the Association shall be
12
i
•
WOK 535 F-uWS
final ftn1 binding upon all parties.
Section 6. inspection of work. The Committee or iLs duly
authorized repre sentat ve shall have the right to inspect any
exterior structure or improvement prior to or after completion.
If, as a result of the inspections or otherwise, the Committee
finds that any improvement has been done without obtaining
approval of the Committee, or was not done in substantial
compliance with the description and materials by the given
applicant to the Committee, or was not completed within six (6)
months after the date of the approval of the Committee, or that
these rules and regulations were not complied with in any other
manner, the Committee shall notify the Owner in writing, of non-
compliance, which shall specify the particulars of non-compliance
and shall require the Owner to take such actions as may be
necessary to remedy the non-compliance. If the committee gives
any notice of non-compliance, the Owner may appeal to the Board
of Directors of the Association by giving written notice of such
appeal to the Board and the Committee within fourteen (14) days
after receipt of the notice of non-compliance by the Owner. If,
after notice of non-compliance, the Owner fails to commence
diligently to remedy such non-compliance, the Committee shall
request a finding of non-compliance by the Board of Directors of
the Association, by giving written notice of such request to the
Association and the Owner, within thirty (30) days after delivery
to the Owner of a notice of non-compliance from the Committee.
In either event, the Board of Directors of the Association shall
hear and decide the matter with reasonable promptness and after
no less than ten (10) dayu notice of such hearing to the Owner
and the Committee, shall decide whether or not there has been
such non-compliance, and, if so, the nature thereof and the
estimated cost of correcting or removing the same. The decision
of the Board of Directors of the Association shall be final and
binding upon all parties.
Section 7. Correction of Non -Compliance. If the Board of
Directors of the Assoc at on determines that a non-compliance
exists, the Owner shall remedy or remove the same within a period
of not more than thirty (30) days from the d..te of the receipt by
the applicant of the ruling of the Board of Directors of the
Association. If the Owner does nLt comply with the Board ruling
within such period, the Board may, at its option, post a notice
of non-compliance against the Lot on which the non-compliance
exists, may remove the non -complying improvement from the Lot, or
may otherwise remedy the non-compliance, and the Owner shall
reimburse the Association, upon demand, for all expenses incurred
therewith. If such expenses are not promptly repaid by the Owner
to the Association, the Board may exercise all of its legal
rights and remedies In order to collect such monies.
ARTICLE VII
ENFORCEMENT
Section 1.
. .. vw„oa c,c n*2 1r one ,ner snail fall to make
any reps rs as here n %eq re,, or shall fail to comply with any
other covenant or condition hereof on his part to be performed,
the Association may, without notice in the case of emergency or
13
:.Y
Boax 535 PAA99r
otherwise after ten (10) days' notice to the Owner (or if the
Owner or any person dwelling on the Lot shall expressly request
the Association, its agents or servants to perform any act not
hereby required to be performed Ly the Association, the Associat-
ion may, upon such request) enter the Lot and improvements
therein, and make such repairs, comply with such covenant or
condition or arrange for other to do the same, without liability
to the Association and, in such event, the Association, its
agents, servants and contractors shall, as between the Associat-
ion and Owner, be conclusively deemed to be acting as agents of
the Owner and all contracts therefore made by the Association
shall be so construed whether or not made in the name of the
Owner. Any amounts expended by the Association shall be due and
payable upon the next assessment payment to be made after
submission of a statemen'z for cuch charges from the Association
to the Owner and from the time of any payment by the Association
shall bear interest at the rate of twenty (20%) percent per annum
and, in addition thereto, thn Owner shall pay the Association the
sum of One Hundred Dollars (f100.00). The Owner agrees to
indemnify the Association against, and to save the Association
harmless from, all liability, less, damage, and expense arising
from injury tc persons or property occasioned by the failure of
the Owner to comply with any provision hereof, or due wholly or
in part to any act, default or omission of the Owner, or any
person dwelling on or visiting on the Lot, or by the Association,
its agents, servants and contractors when acting puruuant to the
terms hereof. In addition to the other legal remedies herein -
before and hereinafter provided for, in case of violation of any
covenants of this Declaration by the Owner, the same shall be
restrainable by injunction and neither the mention herein nor the
election hereafter of one or more of the remedies provided shall
preclude the Association from enforcing any other right, remedy,
option, election, or priority allowed by law, whether or not
herein specifically set forth.
Section 2. Enforcement o� pecl"NIon. In t).^ event of any
violation or threateno v o at on o any of the provisions of
this Declaration, the Board of Directors of the Association, or
any Owner in the Property may bring an action or proceeding at
law or in equity for an injunction, specific performance, damages
or such other remedies an may be available. Judgments against
any person for any violation or threatened violation of any of
the Declaration herein shall include reasonable attorneys' fees
together with all of the court costs incurred therein. The
Association or any other owner shall have a lien against the Lot
owned by any such person to secure payment of any judgment, which
shall bear interest at the rate of twenty (20%) percent per
annum.
The covenants, conditions and restrictions contained in this
Declaration shall be enforceable by proceeding for prohibitive or
mandatory injunction. Damages shall not be deemed an adequate
remedy for breach or violation but, in an appropriate case,
punitive damages may be awarded. In any action to enforce any
covenant, condition or restriction contained herein, the party or
parties bringing such action, if successful in the action, shall
be awarded reasonable attorneys' fees. No violation or breach of
any restriction, covenant or condition contained in this
Declaration and no action to enforce the same shall defeat,
13
I
V
B,( 536 Fw 01
render invalid or impair the lien of any mortgage or deed of
trust taken in faith
good for value or the title or interest of
the holder thereon or the title acquired by any
purchaser upon
foreclosure of any such mortgage or deed of trust. Any such
purchaser shall, however, take
title subject to this Declaration.
Section 1. No Flied 4laivpr of Esto 1. No action or
failure to act by the Committee
or y tie IIoar of Directors of
the Association shall constitute a walver of
estoppel withrespect
ure action by tomitter [improvementhe ard
he Crespecte
Directorso
t 1
ofuttile A.ssociacior, with tooany
! Specifically the approval by the Committee
of any improvement
shall not be deemed A waiver of any right
of an estoppel t-),
withhold approval or consent for any similar proposals, plans,
specifications
or other materials submitted with respect to ar. other improvement.
ARTICLE VIIT
•'' j
SAI,B OF PPOPgRTY1
I
The Owners representing an aggregate ownership interest of
seventy five (75%)
percent or more of the Lots may agree that all
of the Property should be sold. Such plan or
agreement must have
the approval of seventy five (75%) percent of the first
1
mortgag-
sea of record at the time of the adoption of such plan. In such
instance, the
Association shall forthwith record a notice setting
forth such fact or facts, and,
,y
upon the recording of such notice by the Association's President and Secretary or Assistant
Secretary, the entire Property and all the Lots therein shall be,
sold by the Association,
1
Ik
as attorney -in -fact for all the owners I
free and clear of the provisions
'
contained in these Protective l
Covenants, the Articles of Incorporation and the
Ilk
By -Laws of the
Association. The sales proceeds shall be apportioned among the;
' Owners
r
on the basis of each Owner's interest in the Lot, the!
improvements thereon, and on the basis
of each Owner's interest
in other portions of the Pro party, and such apportioned proceeds
shall be into
ting one paid e p
suchaccount sshallh becinacthe
namecountpofsthe
Association and shall be further identified by the Lot designat-
ion
and the name of the Owner. From each separate account the
! Association, as attorney -in -fact, shall
use and disburse the
total amount (of each) of such accounts, without contribution
from one account
t
to another, for the purposes as follows:
j
(1) For payment of taxes and special assessments liens in
favor of any assessing entity and the
customary expense of sale,
(2) For payment of the balance of the lien of any first
mortgage,
(3) For payment of unpaid summon expenses and .:11 costs,!
expenses and fees incurred by the Association, f
(4) For payment of junior liens and encumbrances in thell
cider of and to the
extent of their priority; and
(5) The balance remaining, if any, shall be paid to the
Owner.
+�
15
ARTICLE IX f N 536 mu 02
VARIANCES 0
The Board of Directors -01 �__-Association may allow
variances from compliance with any of the terms or provisions of
this Declaration when circumstances such as topography, natural
obstructions or hardship may require and, if such variance is
conditionsnviolation ecovenants,
of theserestricti.onsshallbedeemedrestrictions
ti
tohaveoccurred
with
as grAntd.
Anysuch pvariancuhshall tbereviaencedcir.twriting, dulyhe variancewexecutedeby
the Board of Directors of the Association, and shall be granted
only after a meeting, notice of which has been sent to all owners
owning Lots immediately adjacent to the Lot in question. The
granting of such variance shall not operate to waive any of the
terms and provisions of suct, of these restrictions for any
purpose except as to the particular property and particular
provision hereof covered by the variance.
ARTICT t_A
IMUNITIES AND LIA92r ITv
section
A0cnIon,
° ,mms.The
Association
shall
not beliable o
are �any nbatenentofany
assessment or other compensation by reason of:
(a) Any interference with light, air, view or other such
' interest of any Own,sr r
(b) Any Lot taken to comply with any law, ordinance or
governmental regulation] or
(c) Unless due to the 'failure, negligence
curtailment, insufficiencyofowater supply,f the electricity,
pas, telephone or other service to be supplied to the Owner, or
(11) any failure of the Association to make or delay by the
Association in making or inconver,ience in ita making of any
repairs, alterations, or decorations to or in the Property, of
the Lot or to any fixtures or appurtenances therein or (iii) any
,injury or damage to persons or property caused by the elements or
by another Owner or by another person in the Property.
Section 2. Liability and Insu ance. Occupancy of a Lot shall
constitute full ac now a gament that the Owner has inspected the
I.0t,4acceptance as is and that the Association and its agents
havelpeel fully released from any responsibility for any injuries
or damage occurring in or in any wa7 connected with the premises
or near -by streets, and from any claims for damages that may be
caused by�ths re-entering and taking possession of the space by
the Board pf Directors of the Association or its agents under the
to zms and conditions of these Protective Covenants and applic~ble
1 V. Each owner shall indemnify and hold the Association and its
agents and employees free from any and all claims from damages or
injuries from any cause whatsoever, sustained by the Owner, any
member of the Owner's family or guests including but not limited
to claims l Kor (damages or injuries to personal property. The
1 Assoc,iation,shall thane no liability whatsoever for damages or
16
-... . r .,.. .
t
Bn 5�36 � 03
injuries to any of the improvements or so any
Lot or any damages resulting from injuries �Ownerrt,r
to the any
person occupying any Lot, or any guest, which may occur to the
Lot or any other
act beyond the control of the owner.
ARTICLR XI
APPLICABILITY OP PRECISE PLAN AND SUBDIVISION AUREEMENT
AlIFfIDp[ENT
TO PRECISE PLAN AND SUBDIVISION A PRENOT.
The Property and each individual Lot shall also be governed
by the Precise Plan and Subdivision Agreement
which is recorded
in Book �y at Page 4W etas q_, of the records of Pitkin County,
and Amendment
to Precise Plan and Subdivision Agreement which is
recorded in Book � at Page eseq_ of the reco cis
of PitKln
County, the terms, conditions and obligations of w ich shall ue
deemed to be incorporated
tl
herein by this reference.
�
ARTICLE XII 1
j
OOEAAL PROVISIONS
Section 1. $4ne€it_Qf heclaration. This Declaration is made
for the benefit of
all o t e property located in Smuggler Mobil*
Horse Park Subdivision and for the Owners thereof.
+
J
Section 2. NUndment r.nd Tertr'.natibtii. These restrictions,
covenants and conditions n t s Doc arat on shall continue until
January 1, 2010, and from year to year thereafter until amended
I or terminated by written instrument
'
Jj
executed by the Association
or by the owners of a majority of the parcels of the
propercy
described herein. Prior to January 1, 1995, this Declaration may
! be amended
or terminated by recorded instrument executed by the
record owners of two-thirds (2/3) of the
parcels of the property
herein described or by recorded instrument duly executed by the
Association.
Section 3. N2tiCog. All notices required to be given or to j
which any owner may
wish to be given to the Association or its
agent shall be presented in writing address to "Smuggler
Mobil*
Home Owners Association," 301 Oak Lane, Aspen, Co redo,
81611.
Any notice to be given by the Association to an owner
may be given in
+�
any manner under applicable law, and in the
absence thereof,, shall be deemed given and received
when placed
in the U.S. Mail, certified mail, return receipt request, first
Class postage prepaid therc�;n
correctly addressed to such owner
at the last address on file with the Association.
Section 1. &i,,tt s. In the event of any dispute
concerning any t.nancy, including the enforcement
M
of these
rules and regulations, requiring the circumstances of the
employment of legal
11�
counsel, the prevailing party shall be
entitled to recover all reasonaLle attorneys fees incurred
therein, whether or not court proceedings are commenced.
Section 5. overniny Law. These rules and regulationsI
shall be'
governed y and
+
construed in accordance with the
laws of the State of Colorado.
i�
17 I
.
Z
STATE OF COLOR71Dp ) en 536 ma 04
) as.
COUNTY OF PITKIN )
The foregoing docwoent was acknowledged and sworn to before
mks s this � day of ol�1987, by 1.1( 5,.�/'• - Secretary
of BOW991er Mobile Hams Owners' Associatif1A1on.
*W ission expires: ..
'+ + u�e�a my hand and
seal. /
0M ry P c ~'
t
t Or to��e
--,�'T�"""�"�-�.raw•+. I..w ..r�..,..+,w.•.r .. wr.w,►.•�M.+wa W+�lo tw.• ` �
' � ...s ., � ;, wM•i1�1�aY11R��jYk',y, w:M•k
F �r
777�•• i ,RBI 1 �.
eou� 536 05-
Section 6. fect o a tia nva idit If any clause or
provision herein conta ne s a e a u go invalid, such fact
shall not affect the validity of any other clause or provision
of these Protective Covenants, or give rise to any cause of
action in favor of either party against the other.
Section 7. paraa�aph Headings. The paragraph headings in
this instrument are for convenience only and shall not be
considered in construing the restrictions, covenants and
conditions contained herein.
i. Section S. Singular and Plural. wherever utilised herein,
the singular a 11 be deemed to include the plural and the
plural shall be deemed to include the singular. Furthermore
wherever utilised herein, the masculine shall be deemed to
include the feminine and the feminine shall be deemed to
include the masculine.
Section 9. Each of the covenants,
j restrictions and a oas contained in these Protective
Covenants shall be deemed independent and separate and the
invalidation of any one shall not affect the validity and
continued effect of any other.
IN WITNESS WHEREOF, the Smuggler Mobile Home Owners'
IAssociation has caused its corporate signature to be hereto
affixed and this instructs t to be signed by its duly authorised
officer this 15 day of o t , 1987.
SNUOOLER MOBILE HOME OWNERS' ASSOCIATION
Fresiden
Attesti
S• ear
STATE OF COLORADO )
as.
COUM OF PITKIN )
„,,,,,, The foregoing document was acknow edged nd sworn to before
�*S5m4Rfar Mobile Hama i-rEsrc' Ion President o!
^..�of
Iun ,k
•
s sion expires r
se hand and
• ' �� seal.
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2a 39150 3 C 34 FTC /��' j\ ♦�•♦ THE UNDERSIGNED, A DULLI-AVrHOR15ED REPRE NTATIVE
2q 2769 S T ' /S v / , \ ♦ F A CORPORATE TITLE INSURER RFC- A5TEPZED TO �
a q �� a d, s ' ,' \ ♦ \ 17U INESS IN PITKIN COUNTY, COLORADO 1)0E5 HEREC3Y
Y _Bq 3 ° N 3 °> 17 SOFT °90 ; ,%' ♦r?♦ CERTIFY PVRSUANT TO `J'ECTION 20-15 Cj) OF THE ASPEN
h 9.. 2713SO. P �q2 F / ,� . \♦ MUNIGleAL GORE, THAT THE PER50N LISTED A5 OWNER
n` 3 so y� 3 /r , ♦ ON T4Ilh PLAT HIOLDS FEE SIMPLE TITLE TO ALL LIENS
' i AND ENCUMgRAT�ES EXCEPT T1 i0`�E LISTED ON THE
•` 278 aO.FT-h0 90 c`1' P 16 6? ss , , '
o° 319 TITLE IN`5URANCE COMMITWEN17D I\p•5
ti y 30 SO FT. . ;a\ < �? 34 so. // EFFECTIVE___-_ RESPECTIVELY, ISSUED BY PITKIN
15 �6S
ze27so COUNTY TITLE COMPANY ALTHOUGI-•I WE gELIEVI= THE
s° .ql� /36 q� FACT5 STATED AK�TKJE, 71-415 CERTIFICATE 15 NOT TO
>3E CONST;i cJED A5 AN A(35TRfICT OF TITLE NOR AN
5 �' 329 SOFT � q q 21
21 Mh "; 3 7 so. ; / OPINION OF TITLE NOEL A GUARANTY OF 1`I TLE, AND IT
3? = r h p, co IS UNDE125TOOD AND AGREED THAT PITKIN COUNTY TITLE
GG 9. COMPANY NEITHER At)SOMEh NOR WILL BE CHARGED
Q o M`Z \ g4ro ,7^�,♦� 990 2q o�y a / / WITH ANY FINANCIAL OPjLI6ATION OR LIABILITY WHAT-
2 s9�3o• y �9• 3 �^ ^" EVER ON ANY STATEMENT CONTAINED HF:rEIN.
g� FF 32 SO.FT.^� 348 O.F
3081 S^
PITKIN COUNTY TITLE COMPANY
old
q 3,p `�2•" 3 274 SQ.FT. h p0 115 so.. F 00 24 M� '
o c7 3 9 VINC HIGGIN5,, PREhIDENT
61,
30 SG.FT..^� 9y
2836. IT OB p� �K" 26 STATE OF GOLOFZADO
28 SS .FT. �: OC rJ °v� ? d k �� A¢ 3
�' y COUNTY OF PITKIN
? = 2841 FT. cs 629 FT' qe 31 To-a� 3 TJL4E T STATEMENT HEREON WA5 fACKNOWI.EDGED
s o" ^ �tiM 5 6EFOR E TH15 DATE , 19_—_, 13Y
?. 0 224 sy ^ oP q/,3 s 755 FT. h VINCE 1 IG&IN5 AS PRESIDENT OF PITKIN TITLE &MPAN�'.
^ o r� 'o. <� eyoo^p� MY COMMI�ION EXPIFZF_S
� 3 30 SOY .:k, 2861 SO T 00 3 to -----------.- -
p •� 2 ^ /� s. M
a� v o - 22 v�, m e> `' WITHE55 MY HAND AND SEAL.
CRACOUET
CUB
NOTARY PUDLI G
GRANT OF EASEMENTS
KNOW ALL MEN BY THESE PRESENTS THAT SMUGGLER MOBILE HOME OWNERS ASSOC-
IATION BEING THE OWNER OF THE REAL PROPERTY DESCRIBED HEREON :
(A) HEREBY PLATS AND SUBDIVIDES SAID REAL PROPERTY INTO DESIGNATED
AND NUMBERED MOBILE HOME SPACES AS SHOWN AND NOTED HER ;
(13) HEREBY GRANTS TO THE CITY OF ASPEN FOR ROADWAY PURPOSES THE
EASEMENT ALONG SPRUCE STREET AND EASEMENTS A AND B ALONG GIBSON
AVENUE, ALL AS SHOWN AND NOTED HEREON;
(C) HEREBY AGREES TO GRANT TO THE PUBLIC UTILITIES EASEMENTS FOR
PUBLIC UTILITY PURPOSES ALONG ALL EXI5TIING AND PROP05ED UTILITY
LINES UPON SUBSTANTIAL COMPLETION OF CONSTRUCTION OF SAID LINES;
(D) HERESY REAFFIRMS ALL OF THE EASE0EINTr5 &RANTED IN THE PLAT RECORDED IN
PLAT BOOK 13 AT PAGE 25 AND 2& OF THE RECORDS of PITKIN COUNTY.
EXECUTED THIS__ - DAY OF - __. _-, t98.7.
SMUGGLER MOBILE HOME OWNERS ASSOCIATION
BY
WARNER GILES, VICE PKeNVENT
ATTEST--
MICHAEL 5EKAR05 , SECRETARY.
STATE OF COLORADO l 5S.
COUNTY OF PITKIN f
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF ,1987 BY WARNER GILES Ah VICE PRESIDENT AND MICHAEL
5EKAR05 AS SECRETARY OF SMUGGLER MOBILE HOME OWNERS ASSOCIATION.
WITNESS MY HAND AND OFFICIAL SEAL,
MY COMMISSION
NOTARY PUBLIC -
ADDRESS OF NOTARY
CITY ENGINEER'S APPROVAL
TI-415 2-ND AMENDED SUBDIVISION .PLAT OF SMUGGLER MOBILE HOME PARK WAS
APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS__DAY OF _,19e7
CITY ENGINEER
PLANN1NIG AND ZOWNG
COPhWWON APPROOVAL
THIS FIROT AMENDED SUBDIVISION PLAT OF SMUGGLER MOBILE HOME PARK WAS
APPP04ED BY THE CITY OF ASPEN PLANNING AND 'ZONING COMMISSION THIS-_- - a-ly
OF , 1987 . .
CHAIR _--------
PAR[S M PROVAd
THIS FIRST AMENDED SUEMI51ON PLAT OF SMUGGLER MOBIL PARK WAS
APPROVED BY THE DEPA ENT OF PARKS, CITY OF ASPEN TN ___--__ ._DAY
OF ____.1557. ,
DIRECTOR
A SPEC MY COMNCR APPROVAL—-
-THIS FIRST AMENDED SUBDIVISION PLAT OF SMUGGLER MOBILE HOME PARK AND
GRANT OF EASEMENTS ARE. HEREBY APPROVED AND ACCEPTED BY THE ASPEN
CITY COUNCIL THIS_-_ _-_— DAY OF.__._..__._--,Ie57
KATHRYN KOCH. CITY CLERK. WILLIAM STIRLING. MAYOR
CLERK AND RECORDER'S CERTIFICATE
•:85v0 \\ ` ^ osOi,, '� � :b ¢ N 8500 f^ /� r F� p ,,.- Lh✓ ,: ED BUBO! VISION PLAT OF SMUGG'�ER MOBILE HOME PARK v%'�S
126
vs 'v Sc>q f�! p h %Y1�13k''•'C_ /t+�'✓S (/�' "- �I �`j /S� i It Jr IP r�Ji� OGLE;TEL- F:K FILING IN THE OFFICEOF THE CLERK AND RECORDER OF '-r{�=
ti h me -�� STRUTE" ��,�� �N'
° ^ 2' 4 5,- FT g p \ ',,�,' 1/ rJ �'4 Cj _ -- --- - ------ --__ _. — __-- --___...- _.� arUNTY OF P.TnIN , STATE OF COLORADO THIS DAY OF. 19P.7 IN
_OWNERS STATEMENT 39r , 9
49 SC F7 \ /�'� AN EASEMENT FOR ROADWAY PURPOSES DESCRIBED AS FOL. ' OWS PLAT BOOK_- __.AT PAGE-. ___._. RECEPTION
C `Y \ f' BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF HEREIN ,
' VALL `^E;' 3Y THEE PRESENTS Tti�"i {E �111X�I E!Z 1•✓K73iLE HCN�O�'1 JEIZS -- �° O % 128 ss@° P� �`\ A�� I L �/ I / 7U- DESCRIBED TRACT;
P F F �' E HOME PARK BY T� 15 SECON yPy 2 4 SO FT ?623 • THENCE 5 22° 38'44" W 29 28 FEET,
��� ,g 671 f \ THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF -------- ---- - -------
55 IATt 4 HEREBY MEN THE 5, 1JCvLE2 t✓kO31L
-WIE.NI7ED PLAT AT-XP HERE3Y AGREES - "L 3 9 O"� .5 \ CLERK AND RECORDER.
HE P/1R <1TtiG A� j FQR S�V�ty fEHIC �S 91 {QV1�i\I THEN FEET AND A CENTRAL ANGLE OF 4THE RIGHT
_ �O 136 - THENCE, ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF PITKIN COUNTY. COLDRADO.
I r T = F G HEK'EON 5HALL 6L CONFIC-OrEP TO ALL DVV A FIVE F001- of A5 13 N65o a 3:1c SO T. 287.50 FEET AND A CENTRAL ANGLE OF 14-`40'40 , (�� ®¶ �Q
OPENING ESIN R CTEP. FRp1,1 PF�RKNT OF THE FIRE NG, ti�7HE FARQN61 AREA SAA£Tt E AVM I3Y TRIO LATER' -ri Ii- ,�uUNE�PI�I�j� � cJO� q y� n028E4 FT 393 �Ej <�0y HENCE N7S*2-5'15EE 7777-G8 FEET,
TO THE POINT OF BEGINNING. l G it L�� I� 'U _DESCifGCPTKOU--
tiq O A TRACT OF LAND SITUATED IN A-ORTION OF THE EAST ASPEN TOWNSITE ADDITION,
--,AT -NI_ E,4vIKONMENIAL PKIOTECTION A6ENCY5 b%)',iFR 5AMPLINIS, WELL IN IHE AREA ,HALL N /1 _GE D15TJKesEC BY A1yY Sow �'� P 32 Sr (!�jQ�} r �%(�M /� �((� r� IN THE EAST ONE-HALF OF THE SOUTHWEST ONE-OLARTER AND IN THE WEST ONE-
(,ONSTIZ�JCTIpr+ .�TIVITY LAND5CAPIT`IG OP A CUK3 ")HALL PIE PLI10E(D NOF7H OF THE WELI- �O I I FIT VF+4aE!. , WILL T'JOT o� V \ �9 -,% L 2F "k MESON AVENUE U UE EASE AEU T7S RANGE 84 WEST OF THE Q. TH, UA , PITKIN COUNTY, COLORADO BEING MORE
_ OS�TRUC7„ [TJ / �,9/ ,3 � � , ��L P���E � _ _ � I- �' - - HALF OF THE SOUTHEAST, ONE -QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH,
nJ� k m I34 EASEMENTS FOR ROADWAY PURPOSE5 DESCRIBED AS FOLI-OWS , FULLY DESCRIBED AS FOLLOWS;
3) T> IKi ITy THE E-\�NT "THV T THE VOE5IL7= t tom• lEL' w'' IE125 ,�`>SOC A T ION D!5COVER�j THAT MOKE PARKING SPAcES R�1z C-i._)E T U p °�� tC o0 lSG F L2 AC � i�C EASEMENT "A BEGINNING AT CORNER 10 OF 5/aID EAST ASPEN TOWTHE ADDITION ;
AN17 LONG-•TEFUA PARr_INC6 ARE NEEiOF� IT SHALL INITV� T � AN AX/IENONENT -f0 1HF 5PA PLArl GrZFATIING 7c v '� ti� ^ W �1 THENCE N54° 52'17"W 5B-10 FEET TO GARNER It OF THE EAST ASPEN TOwN
1 �>IT1C 1 SAL CjprdCEG,/. 6 3�05 �T 2 1J,
1 r j� fl' BiGINNING AT E.A.-T.A. 2J� ,THE M05T WESTERLY POINT ON THE SITE ADDITION;
� � J,LL t V BOUNDARY OF HEREIN DESCRIBED TRACT; THENCE N Lt. `00'00`E. 50.00 FEET;
r ; vOO
^^t i.-j T T^Ic fZ�. �{/ ' r,r �) � r;>- TI--+ n �r-�Q� .� - � Il � i - q THENCE N 24.°05'24" E 8200 FEET : THENCE. N 45° 30'00" W 220.31 FEET ;
A � 4- „��'N II 'l'7 _ � ��J i I. v C-i ; L . - '� � V' 5_-'I-ft". L VF fly rJI(�'. ".Ts r q
Y`�, _�?MMC7Iti'.�' •-�'- � L � �-� �� q�THENCE 511°57'Oo"E 139.85FEET; THENCE 54b°3o'38"W 26-28 FEET TO CORNER I6 OF THE EAST ASPEN T0WN-
' F THENCE N 45 12 59 W 87 95 FEET TOT POINT OF BEGINNING. SITE ADDITION;
TOT ` i KJII i�F - - - :D iE l i op0� EASEMENT "B SITE'THENCADpITIONg; 22 W 312,G7 FEET Tb CORNER 25 OPT E EAST ASPEN OWN
J l
"" H T -
H
"�• _ C `.�.iCG : i''= :•`K,•.�� A55;'C �TICi"y 'JH�L L S,G'�I c r',ti'NDED PLATe�o� - THENCE N 4.5" 12'S9"'W 12883 FEET TD CORNER ?J+ OF THE EAS- ASPEN TOWN-
A5 = THE- PTRG' STY = �I . ,?Y OFA PEN `Gy If�LI � tN,7ENT.iIF;C� .�AIN`�T ANY �� � hO�sC_ BEGINNING AT E.AT.A. It A POINT ON THE SOUTHWESTERLY SITE ADDITION;
Fr, , �% \ BOUNDARY OF HEREIN DESCRIBED TRACT; THENCE N 24-° 05'2W' E (PI.97 FEET;
1 ,AY R� _` r,; AOv / . ':N� l C fZ y EI T �F AT L� CId.1�EK?`0 OF THE F'n0f-FKj SIGN SHE r'LAT_ � S �
�a 1+ fq�, e 0 \ THENCE N 45°00'00"E 22-95 FEET; THENCE N 29°34'00"E 93.55 FEET;
f"H P THENCE S62°54'4I" I-54�58 FEET; THENCE 5(pl°40'00"E 7.00 FEET; _
- y 8 r THENCE 5 a1 `55' 1e;' W 30 28 FEET ; THENCE N 25°03'05"E 102 2.3FEET;
E T %E✓ T 15- -_--_---- t A�' _ E\\ - �f --- -� ----- - _------ ----- -----_--..._ 05 /O C�/ \\ THENCE N S1}°52'IT W 58.10 FEET TO THE POINT OF BEGINNING THENCE SOUTH 4+'Oe FEET;
C•{ SI✓I CTC:. II �'�f A NT �'A 0 / \ THENCE ;J 37°11'4-i"E IS457 FEET;
STATE OF CCjLADO \ /j�j xL=iz A O'JfLE i ICJI✓ED'J>'NRS r'1 fCIATI%1 y k DF ,c \ THENCE N 78°25'15' E 77 68 FEET;
(DL)U Y' OF PITKIN ` \\
THENCE N 89°57'10"E 6"728FEET
;
THENCE 5 21° 10"00" W 13-82 FEET;
T 1E FGIREC�C'IT JG 'f.STR?/ J✓f "� �� �r TT <-,T: \`` \ �- THENCE S C7°40'00"E I52 00 FEET;
THENCE S 51f OI}'00°E 150-00 FEET;
f=� � _ .. _. \ THENCE 5 44.° 17'00" E 31G•50 FEET;
"
\ THENCE S 34°55'16 W 600.15 FEET TO THE POINT CF BEGINNING.
PS r
THIS SECOND AMENDED PLAT OF SMUGGLER MOBILE HOME PARK SUBDIVISION PERTAINS ONLY TO CHANGES MADE
_ IN PARKING AND IN COMMON OPEN! SPACE ALONG THE SOUTHWESTERLY PROPERTY BOUNDARY AS SHO\gk
HEREON AND AS REFLECTED IN THE OWNERS STATEMENT
Q��71fie St1CVeYS Surveyed Revisions Ir' 4ME,'VtD PLAT Ti+,I� Job No 81-177-b
,.:_ •, .:.`; :. Drafted 14'3�i C7.P 2 ND AMENDED PLAT, CIF Client S.M.H.O A.
Post Office Box 1730 2 I (c $? d H 3
Aspen, Colorado 81611 S1AU U Lt K M O AIL E
303 925 2688 •
_ PdaK fi1-IRnIVIS1nW