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THIRD AMENDMENT TO P.U.D.
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AND
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SUBDIVISION AGREEMENT
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FOR
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ASPEN CHANCE SUBDIVISION
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This Third Amendment is made this \1� day of , 1989,
by and between the City of Aspen, Colorado, a Colorado ii�trlicipal
corporation ("City"), Aspen Chance, Inc., a Texas corporation
("Aspen Chance") and American Red Oak Trust ("Red Oak").
R E C I T A L S:
1. The City and Aspen Chance entered into the P.U.D. and
Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and
Subdivision Agreement") dated July 25, 1984 and recorded July 27,
1984, in Book 470 at Page 758 of the Pitkin County, Colorado real
property records; and
2. The P.U.D. and Subdivision Agreement has been amended
by instruments recorded in Book 530 at page 88 and in Book 567 at
page 943 of said real property records; and
3. The owners of Lots 6 and 7 of the Aspen Chance Subdivi-
sion, being Red Oak and Aspen Chance, respectively, have
requested the City to amend the Second Amendment to the P.U.D.
and Subdivision Agreement to permit the transfer of 1,593 floor
area square footage from Lot 6 to Lot 7; and
4. The purpose of the reallocation is to permit the owner
of Lot 7 to incorporate the additional floor area square footage
in the residence currently being built on said lot; and
5. The City has determined that the requested amendment is
within Section 7-907 A of the Aspen Land Use Code whereby
insubstantial amendments to a P.U.D. plan may be authorized by
the Planning Director; and
6. The Planning Director has authorized the requested
amendment provided that certain conditions are met, which condi-
tions shall be deemed met upon the execution by all parties
hereto, including all consenting parties as noted below.
c"
BOOK Pn{ 854
W I T N E S S E T 11:
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, the P.U.D.and Subdivision Agreement
for Aspen Chance Subdivision, as amended, is hereby amended with
respect to the following matters:
1. Use of Additional Floor Area Square Footage on Lot 7.
The owner of Lot 7, Aspen Chance Subdivision, may utilize 1,593
floor area square feet from Lot 6 for the purpose of increasing
the floor area square footage in the residence on said Lot 7.
Following the transfer, the total floor area square footage on
Lot 7 shall be 9,271.
2. Allocation of Floor Area Square Footage. Paragraph 2
of the Second Amendment to P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision is hereby amended and restated as fol-
lows: The building foot print square footage set forth in
Exhibit "B", Site Data Tradition, of the P.U.D. and Subdivision
Agreement, is hereby deleted. Subject to the provisions set
forth below, a total floor area square footage of 32,466 shall be
allowed to be constructed on the seven (7) lots within Aspen
Chance Subdivision. Said total is hereby allocated amongst the
seven (7) Aspen Chance Subdivision lots as follows:
Lot Number Floor Area
Lot
1
3,215
square
feet
Lot
2
3,223
square
feet
Lot
3
5,468
square
feet
Lot
4
0
square
feet
Lot
5
5,419
square
feet
Lot
6
5,870
square
feet
Lot
7
9,271
square
feet
Total
32,466
square
feet
3. Amendment. The parties agree that the P.U.D. and Sub-
division Agreement shall be deemed amended by the provisions of
this Third Amendment. All other provisions of the P.U.D. and
Subdivision Agreement not so amended by this Third Amendment
shall remain in full force and effect.
4. Consent to Amendment. The undersigned owners, being
all of the remaining owners of the lots in Aspen Chance Subdivi-
sion herebv consent to this Second Amendment.
MR
BOOK 59 - DP iGt 855
5. Counterpart Execution. This Second Amendment may be
executed in multiple counterparts which when taken together shall
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
CITY OF ASPEN,
a Colorado municipal corporation
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 7-907A of
the Aspen Land Use Code
AMERICAN RED OAR TRUST,
owner of Lot 6
B � ' Xi.'6,. ,
Y
Michael D. Ding , Trustee
ASPEN CHANCE, INC., a Texas
corporation, owner of Lot 7
By:
Neal Myers, Pre dent
The undersigned, being all of the remaining owners of the
lots in Aspen Chance Subdivision, in addition to the owners of
Lots 6 and 7, hereby consent to the provisions of this Second
Amendment.
LOT 1
Lot 1 Development Partnership,
a Colorado general partnership
-3-
�aR
5. Counterpart Execution. This Second Amendment may be
executed in multiple counterparts which when taken together shall
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
D AS TO FORM
City Attor
CITY OF ASPEN,
a Colorado municipal corporation
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 7-907A of
the Aspen Land Use Code
AMERICAN RED OAK TRUST,
owner of Lot 6
By:
Michael D. Dingman, Trustee
ASPEN CHANCE, INC., a Texas
corporation, owner of Lot 7
By:
Neal Myers, President
The undersigned, being all of the remaining owners of the
lots in Aspen Chance Subdivision, in addition to the owners of
Lots 6 and 7, hereby consent to the provisions of this Second
Amendment.
LOT 1
Lot 1 Development P rtnership,
a Colorado generaartnership
Uzz
Kerry Dun
-3-
ner
sou 59? PAaE857
LOT 2
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
By:
Michael D. Dingman, President
LOT 5
Bertram R. Firestone
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1989, by Alan Richman, Planning Director,
on behalf of City of Aspen, a Colorado municipal corporation,
pursuant to the authority set forth in Section 7-907A of the
Aspen Land Use Code.
Witness my hand and official seal.
My commission expires:
Notary Public
-4-
800K 592 mr-858
LOT 2
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorad , Inc.,
a Colo ado co ora ion
.f ✓
By.
Michael D. Dingm , President
LOT S
Bertram R. Firestone
ss.
COUNTY PITKIN )
The forejb4,ng instrument was acknowledge efore me this
day of 1989, by Alan Ric}lm Planning Director,
on behalf of Cit of Colorado unicipal corporation,
pursuant to the authorit et fort in Section 7-907A of the
Aspen Land Use Code.
Witness my hand an fficial Via\
My commissi expires :
C�L7
-4-
LOT 2
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
By:
Michael D. Dingman, President
LOT 5
Bertram R. Firestone
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1989, by Alan Richman, Planning Director,
on behalf of City of Aspen, a Colorado municipal corporation,
pursuant to the authority set forth in Section 7-907A of the
Aspen Land Use Code.
Witness my hand and official seal.
My commission expires:
Notary Public
-4-
pant
STATE OF
} ) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
;j ` day of 1989, by Neal Myers as President of Aspen
Chance, Inc., a exas corporation.
Witness my hand and official seal.
My commission expires.
Notary Public Ise
STATE OF NEG7; HAMPSHII)E
) ss.
COUNTY OF ROCKINGHAIN)
The foregoing instrument was acknowledged before me this
day of 1989, by Michael D. Dingman as Trustee of
American Red Oak rust, owner of Lot 6 and as President of Red
Oak of Colorado, Inc., a Colorado corporation, general partner of
Powder Lane Associates, a Colorado partnership.
Witness my hand and official seal.
My commission expires
Notary lic o s
-5-
ctb:a16878017a
Cox0 �
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
Witness my hand and official seal.
My commission expires.
a
Notary Public
ctb:al6878017a
BOOK 0 T E
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of May, 1989 by Kerry Dunn as general partner of Lot 1
Development Partnership, a Colorado general partnership.
Witness my hand and official seal.
r -My commission expires:
Notary Publ'ic
` OF C0�'
ctb:a16878017a
poon 592 P GES6-
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF OKLAHOMA )
COUNTY OF
CHEROKEE ) ss.
)
The foregoing instrument was acknowledged before me this
15th day of May, 1989 by John T. Nickel as owner of Lot 2.
Witness my hand and offical seal.
My commission expires
` IY.'
ctb:al6878017a
10-19-92
1, � a Y
N ry P lic
W I T N E S S E T H:
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, the P.U.D.and Subdivision Agreement
for Aspen Chance Subdivision is hereby amended with respect to
the following matters:
1. Use of Additional Floor Area Square Footage on Lot 6.
The owner of Lot 6, Aspen Chance Subdivision, may utilize 1,593
floor area square feet from Lot 4 for the purpose of constructing
an addition to the existing residence on said Lot 6. Following
the transfer, the total floor area square footage on Lot 6 shall
be 7,463.
2. Allocation of Floor Area Square Footage. The building
foot print square footage set forth in Exhibit "B", Site Data
Tabulation, of the P.U.D. and Subdivision Agreement is hereby
deleted. Subject to the provisions set forth below, a total
floor area square footage of 32,466 shall be allowed to be con-
structed on the seven (7) lots within Aspen Chance Subdivision.
Said total is hereby allocated amongst the seven (7) Aspen Chance
Subdivision lots as follows:
Lot Number Floor Area
Lot
1
3,215
square
feet
Lot
2
3,223
square
feet
Lot
3
5,468
square
feet
Lot
4
0
square
feet
Lot
5
5,419
square
feet
Lot
6
7,463
square
feet
Lot
7
7,678
square
feet
Total
32,466
square
feet
Notwithstanding the foregoing allocations, the owner or owners of
Lot 1 and Lot 4 may re -allocate a portion of the 3,215 square
feet above allocated to Lot 1 for use on Lot 4; provided, how-
ever, that the floor area of Lot 1 shall not exceed 3,215 square
feet and the total floor area for all seven (7) lots shall not
exceed 32,466 square feet.
3. Amendment. The parties agree that the P.U.D. and Sub-
division Agreement shall be deemed amended by the amendment
referred to in the second paragraph of the Recitals, above, and
by the provisions of this Second Amendment. All other provisions
of the P.U.D. and Subdivision Agreement not so amended shall
remain in full force and effect.
-2-
Nnny 567 p4aM5
4. Consent to Amendment. The undersigned owners, being
all of the owners of the lots in Aspen Chance Subdivision hereby
consent to this Second Amendment.
5. Counterpart Execution. This Second Amendment may be
executed in multiple counterparts which when taken together shall
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
APPROVED AS TO FORM:
ty A t rney
CITY OF ASPEN,
a Colorado municipal corporation
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 24-8.26(a) of
the Municipal Code
ASPEN CHANCE, INC., a Texas
corporation
By: Z%a
Neal Myers, President
The undersigned, being all of the owners of the lots in
Aspen Chance Subdivision, hereby consent to the provisions of
this Second Amendment.
LOTS 1, 3, AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
By:
Michael D. Dingman, President
-3-
Poox 567 PAGE946
4. Consent to Amendment. The undersigned owners, being
all of the owners of the lots in Aspen Chance Subdivision hereby
consent to this Second Amendment.
5. Counterpart Execution. This Second Amendment may be
executed in multiple counterparts which when taken together shall
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
CITY OF ASPEN,
a Colorado municipal corporation
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 24-8.26(a) of
the Municipal Code
ASPEN CHANCE, INC., a Texas
corporation
By:
Neal Myers, President
The undersigned, being all of the owners of the lots in
Aspen Chance Subdivision, hereby consent to the provisions of
this Second Amendment.
LOTS 1, 3, AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporaion
-3-
eoeK 557 PAGE947
LOTT22
John Nickel
LOT 5
Bertram R. Firestone
LOT 6
American Red Oak Trust
By:
Michael D. Dingman, Trustee
LOT 7
Aspen Chance, Inc., a
Texas corporation
Neal Myers, President
-4-
r
LOT 2
John Nichil
LOT 5
Bertram R. Firestone
LOT 6
American Red Oak Trust
LOT 7
Aspen Chance, Inc., a
Texas corporation
By:
Neal Myers, President
-4-
Nox 567 PAGE 948
c
ecu 567 PAGE949
It
LOT 2
John Nicke 1
LOT 5
Bertram R. Firestone
LOT 6
American Red Oak Trust
By:
Michael D. Dingman, Trustee
LOT 7
Aspen Chance, Inc., a
Texas corporation
By:
Neal Myers, President
-4-
• PvK 567 PQGP950
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoin instrument was acknowledged before me this
1,S7L day of "'j 1988, by Alan Richman, Planning Director, on
behalf of City of Aspen, a Colorado municipal corporation, pursu-
ant to the authority set forth in Section 24-8.26(a) of the
Municipal Code.
Witness my hand and official seal.
"• p
commission expires:
' ✓w G '
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
-The foregoing instrument was acknowledged before me this
day of June, 1988, by Neal Myers as President of Aspen
Chance, Inc., a Texas corporation.
Witness my hand and official seal.
My commission expires: Ah'emwksim &Pka SOL 1,, !
Notary Public '•�,
-5-
I, ,
4. Consent to Amendment. The undersigned owners, being
all of the owners of the lots in Aspen Chance Subdivision hereby
consent to this Second Amendment.
5. Counterpart Execution. This Second Amendment may be
executed in multiple counterparts which when taken together shall
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
APPROVED AS TO FOP14:
ty A t rney
A w----
CITY OF ASPEN,
a Colorado municipal corporation
By: I -,-( k —
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 24-8.26(a) of
the Municipal Code
ASPEN CHANCE, INC., a Texas
corporation
By: -0'�
Neal Myers, President
The undersigned, being all of the owners of the lots in
Aspen Chance Subdivision, hereby consent to the provisions of
this Second Amendment.
LOTS 1, 3, AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
Sm
chael D. Dingman, President
-3-
4. Consent to Amendment. The undersigned owners, being
all of the owners of the lots in Aspen Chance Subdivision hereby
consent to this Second Amendment.
5. Counterpart Execution. This Second Amendment may be
executed in multiple counterparts which when taken together shall
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
CITY OF ASPEN,
a Colorado municipal corporation
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 24-8.26(a) of
the Municipal Code
ASPEN CHANCE, INC., a Texas
corporation
By:
Neal Myers, President
The undersigned, being all of the owners of the lots in
Aspen Chance Subdivision, hereby consent to the provisions of
this Second Amendment.
LOTS 1, 3, AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colo r�do corpoFal�ion
-3-
LOT 2
John Nicker
LOT 5
Bertram R. Firestone
LOT 6
American Red Oak Trust
am
Michael D. Dingman, Trustee
LOT 7
Aspen Chance, Inc., a
Texas corporation
By:
Neal Myers, President
-4-
LOT 2
John Nichil
LOT 5
Bertram R. Firestone
LOT 6
American Red Oak Trust
LOT 7
Aspen Chance, Inc., a
Texas corporation
By:
Neal Myers, President
-4-
El
LOT 2
John Nickel
LOT 5
Bertram R. Firestone
LOT 6
American Red Oak Trust
By:
Michael D. Dingman, Trustee
LOT 7
Aspen Chance, Inc., a
Texas corporation
By:
Neal Myers, President
-4-
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoin instrument was acknowledged before me this
f �S- day of 1�'1988, by Alan Richman, Planning Director, on
behalf of City of Aspen, a Colorado municipal corporation, pursu-
ant to the authority set forth in Section 24-8.26(a) of the
Municipal Code.
Witness my hand and official seal.
My commission expires: 2//g/ q0
PublicRotary
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
-The foregoing instrument was acknowledged before me this
day of June, 1988, by Neal Myers as President of Aspen
Chance, Inc., a Texas corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
-5-
z cn
CD
—
c> r-
SECOND AMENDMENT TO P.U.D.
AND
Jr
N
SUBDIVISION AGREEMENT
Ica
FOR
'
C
ASPEN CHANCE SUBDIVISION
a
This Second Amendment is made this day of June, 1988,
by and between the City of Aspen, Colorado, a Colorado municipal
corporation ("City") and Aspen Chance, Inc., a Texas corporation
("Aspen Chance").
R E C I T A L S:
1. The City and Aspen Chance entered into the P.U.D. and
Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and
Subdivision Agreement") dated July 25, 1984 and recorded July 27,
1984, in Book 470 at Page 758 of the Pitkin County, Colorado real
property records; and
2. The P.U.D. and Subdivision Agreement was amended by
instrument recorded in Book 530 at Page 88 of said real property
records; and
3. The owners of several lots of the Aspen Chance Subdivi-
sion have requested the City to amend the P.U.D. and Subdivision
Agreement to permit the building foot print square footage for
Lots 1, 4 and 6, as set forth on Exhibit "B", Site Data
Tabulation, of the Agreement to be reallocated between said lots;
and
4. The purpose of the reallocation is to permit the owner
of Lot 6 to construct an addition to the existing residence and
to permit the owner of Lots 1 and 4 to determine an appropriate
allocation between these two lots of the unused floor area square
footage; and
5. The City has determined that the requested amendment is
within Section 24-8.26(a) of the Municipal Code whereby minor
changes to a P.U.D. plan may be authorized by the Planning Direc-
tor; and
6. The Planning Director has authorized the requested
amendment provided that certain conditions are met, which condi-
tions shall be deemed met upon the execution by all parties
hereto, including all consenting parties as noted below.
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: S
DATE COMPLETE:
PROJECT NAME: 17I SZ2 P-0 LZI (!_ i
Project Address:
APPLI CANT • z4w e 1') z c- ,,
Applicant Add esss:
REPRESENTATIVE: l h (&c, K -$ra
Representative Address/Phone:_
PARCEL ID AND CASE NO.
STAFF MEMBER:
o It LL
S� .
PAID:
---ES---NOAMOUNT:== D 0•0 0 ----------------------
1) TYPE OF APPLICATION:
1 STEP: 2 STEP:
2) IF 1 STEP APPLICATION GOES TO:
P&Z CC PUBLIC HEARING DATE:
VESTED RIGHTS: YES NO
3) PUBLIC HEARING IS BEFORE:
P&Z CC N/A
DATE REFERRED: INITIALS:
C4 2h
- 3,176
Planning Director Approval: / Paid:
Insubstantial Amendment or Exemption: Date:
Staff Approval: Paid:
Consent Agenda: Date:
REFERRALS:
City Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW).
Aspen Water
Fire Marshall
State Hwy Dept(GJ)
City Electric
Fire Chief
B1dg:Zon/Inspect
Envir. Hlth.
Roaring Fork
Roaring Fork
Aspen Consol.
Transit
Energy Center
S.D.
Other
FINAL UTING: DATE HUUTED:_
City Atty City Engineer
Other:
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Alan Richman, Planning Director
FROM: Cindy Houben, Planner
RE: Aspen Chance P.U.D. request for an amendment to the
P.U.D. agreement
DATE: 6/14/88
----------------------------------------------------------------
----------------------------------------------------------------
Attached is a letter from Chuck Brandt requesting an amendment to
the Aspen Chance P.U.D. This request was made pursuant to
Section 24-8.26 of the old Code. The request is to change the
approved footprints of Lots 6, 4, 1. The applicants propose to
use the unused square footage for Lot 4 to add square footage to
Lot 6. The initial concern by this office was whether or not the
square footage in the PUD was transferable. The records do not
indicate that this action is prohibited. In fact , the transfer
of square footage from Lot 1 to Lot 6 was approved by this office
in 1983.
It appears that the concern regarding the size of the structures
at the time the development was approved was to keep the bulk of
the development off of Ute Ave. The concept was that the larger
homes were to be located on the upper levels of the development.
Additionally, the proposed addition on Lot 6 (to be built with
square footage from Lot 4) will not be visible from Ute Ave. The
roofline is proposed to be lower than the roofline on the
existing house.
Page one of the attached letter from Chuck Brandt gives the
proposed square footage for the lots. The applicants commit to
keeping the house on Lot 1 at or below the square footage
initially assigned to that lot in the PUD agreement (the lot
closest to Ute Ave.)
The request does not change the character of the development in
that the objective of keeping the bulk away from Ute Ave. is
still maintained. In addition, the request appears to meet the
intent of Section 24-8.26(d) allowing Director sign off, if the
following conditions are meet.
1. The PUD agreement shall be amended to reflect the changes
and shall be submitted to the Planning Director for
approval. This amendment shall include the following:
a) A commitment that the size of the house on Lot 1 shall
not exceed 3,215 sq ft (this square footage can only be
achieved by combining FAR from Lots 1 and 4).
b) A change in Exhibit "B" to reflect the approved square
footages as noted in the attached letter from Chuck
Brandt dated June 6, 1988.
2. All land owners in the Aspen Chance subdivision shall submit
a letter approving the requested amendment prior to final
approval of the amendment by the Director.
3. Prior to approval an application fee of $100.00 shall be
paid to the Planning Office for this application.
ch.cby
I hereby approve the proposed PUD
Amendment to the Aspen Chance
PUD/Subdivision Agreement with the above
listed conditions pursuant to Section
24-8.26 of the Aspen Municipal Code
Alan Richman, Planning Director
2
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D.C.
HAND DELIVERED
HOLLAND & HART
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81611
June 30, 1988
Ms. Cindy Houben
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Dear Cindy:
TELEPHONE (303) 925-3476
TELECOPIER (303) 925-9367
CHARLES T. BRANDT
Re: P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision
Accompanying this letter is the Second Amendment to P.U.D.
and Subdivision Agreement for Aspen Chance Subdivision containing
the two changes the City Attorney requested and execution by
Aspen Chance, Inc. as well as all of the individual lot owners in
Aspen Chance showing their consent per your request.
Please obtain Fred's and Alan's signatures as soon as possi-
ble and call me to arrange for recording of the Second Amendment.
Thank you. The $100.00 application fee is enclosed as you
requested.
Very truly yours,
CJOA,
J_
Charles T. Brandt
for HOLLAND & HART
CTB/sg
Enclosure
cc: Michael D. Dingman
SECOND AMENDMENT TO P.U.D.
AND
SUBDIVISION AGREEMENT
FOR
ASPEN CHANCE SUBDIVISION
This Second Amendment is made this day of June, 1988,
by and between the City of Aspen, Colorado, a Colorado municipal
corporation ("City") and Aspen Chance, Inc., a Texas corporation
("Aspen Chance").
R E C I T A L S:
1. The City and Aspen Chance entered into the P.U.D. and
Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and
Subdivision Agreement") dated July 25, 1984 and recorded July 27,
1984, in Book 470 at Page 758 of the Pitkin County, Colorado real
property records; and
2. The P.U.D. and Subdivision Agreement was amended by
instrument recorded in Book 530 at Page 88 of said real property
records; and
3. The owners of several lots of the Aspen Chance Subdivi-
sion have requested the City to amend the P.U.D. and Subdivision
Agreement to permit the building foot print square footage for
Lots 1, 4 and 6, as set forth on Exhibit "B", Site Data
Tabulation, of the Agreement to be reallocated between said lots;
and
4. The purpose of the reallocation is to permit the owner
of Lot 6 to construct an addition to the existing residence and
to permit the owner of Lots 1 and 4 to determine an appropriate
allocation between these two lots of the unused floor area square
footage; and
5. The City has determined that the requested amendment is
within Section 24-8.26(a) of the Municipal Code whereby minor
changes to a P.U.D. plan may be authorized by the Planning Direc-
tor; and
6. The Planning Director has authorized the requested
amendment provided that certain conditions are met, which condi-
tions shall be deemed met upon the execution by all parties
hereto, including all consenting parties as noted below.
W I T N E S S E T H:
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, the P.U.D.and Subdivision Agreement
for Aspen Chance Subdivision is hereby amended with respect to
the following matters:
1. Use of Additional Floor Area Square Footage on Lot 6.
The owner of Lot 6, Aspen Chance Subdivision, may utilize 1,593
floor area square feet from Lot 4 for the purpose of constructing
an addition to the existing residence on said Lot 6. Following
the transfer, the total floor area square footage on Lot 6 shall
be 7,463.
2. Allocation of Floor Area Square Footage. The building
foot print square footage set forth in Exhibit "B", Site Data
Tabulation, of the P.U.D. and Subdivision Agreement is hereby
deleted. Subject to the provisions set forth below, a total
floor area square footage of 32,466 shall be allowed to be con-
structed on the seven (7) lots within Aspen Chance Subdivision.
Said total is hereby allocated amongst the seven (7) Aspen Chance
Subdivision lots as follows:
Lot Number
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Total
Floor Area
3,215 square feet
3,223 square feet
5,468 square feet
0 square feet
5,419 square feet
7,463 square feet
7,678 square feet
32,466 square feet
Notwithstanding the foregoing allocations, the owner or owners of
Lot 1 and Lot 4 may re -allocate a portion of the 3,215 square
feet above allocated to Lot 1 for use on Lot 4; provided, how-
ever, -chat the floor area of Lot 1 shall not exceed 3,215 square
feet and the total floor area for all seven (7) lots shall not
exceed 32,466 square feet.
3. Amendment. The parties agree that the P.U.D. and Sub-
division Agreement shall be deemed amended by the amendment
referred to in the second paragraph of the Recitals, above, and
by the provisions of this Second Amendment. All other provisions
of the P.U.D. and Subdivision Agreement not so amended shall
remain in full force and effect.
'.SAS
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D.C.
HAND DELIVERY
HOLLAND & HART
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81611
June 6, 1988
Ms. Cindy Houben
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Dear Cindy:
TELEPHONE (303) 925-3476
TELECOPIER (303) 925-9367
CHARLES T. BRANDT
Re: P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision
David Finholm, architect for the Aspen Chance Subdivision
residences, has provided me with the following figures repre-
senting the FAR utilized or to be utilized on the seven lots in
the Aspen Chance Subdivision:
LOT NUMBERS FAR
Lot
1
1408
sq.
ft.
Lot
2
3223
sq.
ft.
Lot
3
5468
sq.
ft.
Lot
4
1807
sq.
ft.
Lot
5
5419
sq.
ft.
Lot
6
7463
sq.
ft.
Lot
7
7678
sq.
ft.
TOTAL 32,466 sq. ft.
The residence on Lot 6 presently
feet. An additional 1,593 square
proposed to be utilized on Lot 6
existing residence.
STATUS OF LOT
Vacant
Constructed home
Under construction
Vacant
Constructed home
Constructed home
including
proposed addition
Under construction
utilizes a FAR of 5870 square
feet (for a total of 7,463) is
for the proposed addition to the
Please note the FAR allocations to Lots 1 and 4. In order
to retain flexibility in determining the size of the residential
structures to be built on these lots, the owner would prefer to
"borrow" the FAR from Lot 4 for the addition to Lot 6 and retain
the existing FAR (1,408) on Lot 1, the amount remaining after the
transfer of 691.9 from Lot 1 to Lot 6 two years ago, and retain
HOLLAND & HART
ATTORNEYS AT LAW
Ms. Cindy Houben
June 6, 1988
Page 2
the balance of 1,807 on Lot 4. I can commit to you that not more
than 3,215 FAR (the balance of the unused FAR for the subdivi-
sion) will ever be utilized on either Lot 1 or Lot 4. Use of
3,215 FAR on either lot is in keeping with the architectural
sketches and approximate FAR's developed by Dave Finholm to show
the architectural character of the subdivision.
Turning to the basis for the requested amendment to the
Aspen Chance P.U.D. and Subdivision Agreement, I believe
Section 24-8.26(d) allowing minor changes to the sizing and
sitings of buildings to be authorized by the planning director is
the applicable code provision since our request under this Sec-
tion was submitted prior to the adoption of the current regula-
tion. Under this Section, "minor changes" is defined by what the
planning director shall not approve rather than any other lan-
guage. Here is the list of prohibitions and our arguments as to
why they do not apply:
(1) A change in the use or character of the
development-- certainly the use is not being
changed. Nor do we believe the character of the
development will be changed for the following rea-
sons:
(a) The larger homes in the subdivision are
concentrated on the upper lots against
the mountain and the 3.5 acre open
space;
(b) The type of home and the design charac-
ter remains the same and is not signifi-
cantly altered by the increase in FAR on
Lot 6;
(c) The character of the subdivision (large,
custom designed homes situated in a
landscaped and terraced setting) remains
essentially the same, as the allocation
of 1,593 FAR is not a significant
change.
(2) An increase in the overall coverage of
structures--32,466 square feet of FAR is the maxi-
mum allowed for the Subdivision, thus the overall
coverage will not be increased;
HOLLAND & HART
ATTORNEYS AT LAW
Ms. Cindy Houben
June 6, 1988
Page 3
(3) An increase in the problems of traffic circulation
and public utilities --none.
None of the other prohibited changes in the Section
(subparagraphs (4) through (8)) apply to this request.
Please also consider the following additional reasons as a
basis for the planning director to approve the amendment:
1. Based upon Appendix C to the Subdivision Applica-
tion for Aspen Chance, a total floor area was
allocated to the "site" (being the entire area
subdivided) rather than individual lots. Thus,
FAR should be permitted to be allocated amongst
the lots as the owners desire;
2. The concept of an FAR total for all seven lots is
not contradicted by the minutes of the Planning
Commission and Council when the subdivision was
considered;
3. The planning director, after much consideration
and consultation with the city attorney, approved
a prior amendment to the Aspen Chance P.U.D.
Agreement switching the single family and duplex
sites (Lots 3 and 4) which resulted in a change in
building footprints of each lot --a change which is
quite close to the request being made with respect
to Lot 6;
4. The Building Department has permitted FAR to be
"borrowed", e.g., 691.6 square feet from Lot 1 to
be utilized on Lot 6; and
5. The size of the building footprints set forth in
the P.U.D. Agreement did not arise out of the
Planning Commission's and Council's consideration
of the subdivision application, but rather repre-
sented the thinking at the time of Dave Finholm as
project architect. It does not appear from the
record that the building footprints were intended
to be fixed for all time.
It would seem that the requested amendment is the type
which should be approved by the planning director. It is
not opposed by anyone, it only affects lots which are owned
HOLLAND & HART
ATTORNEYS AT LAW
Ms. Cindy Houben
June 6, 1988
Page 4
or controlled by one individual, and the Planning Commission
and Council will be spared the time of having to deal with
the request.
I hope you and Alan can quickly resolve this determina-
tion so construction can be commenced in time to complete
the addition to Lot 6 by the winter. Please let me know if
you want me to submit a proposed amendment to the P.U.D.
Agreement for Alan's signature.
Very truly yours,
o,6 , L'�_
Charles T. Brandt
for HOLLAND & HART
CTB/sg
cc: Michael D. Dingman
David Finholm
Vincent Grizaffi
Rheta Fulton
H. 0. Myers
Ed Zasacky
Bill Drueding
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D.C.
HOLLAND & HART
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81611
July 12, 1988
HAND DELIVERED
Ms. Cindy Houben
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Dear Cindy:
TELEPHONE (303) 925-3476
TELECOPIER (303) 925-9367
CHARLES T. BRANDT
Re: P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision
Accompanying this letter for your file on Aspen Chance is
the recorded original of the Second Amendment to P.U.D. and Sub-
division Agreement for Aspen Chance Subdivision. With the copies
of this letter to those listed below, I'm providing them with
photostatic copies of the Second Amendment for their respective
files.
Again, thank you for your cooperation and courtesies shown
on this matter.
Very truly yours,
C�-�-
Charles T. Brandt
for HOLLAND & HART
CTB/sg
Enclosure
cc: Michael D. Dingman (w/enc)
Neal Myers (w/enc)
John Nickel (w/enc)
Bertram R. Firestone (w/enc)
Ed Zasacky (w/enc)
Vincent Grizaffi (w/enc)
Rheta Fulton (w/enc)
V s �
SECOND AMENDMENT TO P.U.D.
AND
SUBDIVISION AGREEMENT
FOR
ASPEN CHANCE SUBDIVISION
This Second Amendment is made this day of June, 1988,
by and between the City of Aspen, Colorado, a Colorado municipal
corporation ("City") and Aspen Chance, Inc., a Texas corporation
("Aspen Chance").
R E C I T A L S:
1. The City and Aspen Chance entered into the P.U.D. and
Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and
Subdivision Agreement") dated July 25, 1984 and recorded July 27,
1984, in Book 470 at Page 758 of the Pitkin County, Colorado real
property records; and
2. The P.U.D. and Subdivision Agreement was amended by
instrument recorded in Book 530 at Page 88 of said real property
records; and
3. The owners of several lots of the Aspen Chance Subdivi-
sion have requested the City to amend the P.U.D. and Subdivision
Agreement to permit the building foot print square footage for
Lots 1, 4 and 6, as set forth on Exhibit "B", Site Data
Tabulation, of the Agreement to be reallocated between said lots;
and
4. The purpose of the reallocation is to permit the owner
of Lot 6 to construct an addition to the existing residence and
to permit the owner of Lots 1 and 4 to determine an appropriate
allocation between these two lots of the unused floor area square
footage; and
5. The City has determined that the requested amendment is
within Section 24-8.26(a) of the Municipal Code1whereby minor
changes to a P.U.D. plan may be authorized by the Plan nin� Direc-
tor; and��-
-_" 6. The anning Director a to the requested
/ amendments t certain conditions awe —met; which condi-
tions shall be deemed met upon the execution by all parties-
heretog parties as noted below.
W I T N E S S E T H:
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, the P.U.D.and Subdivision Agreement
for Aspen Chance Subdivision is hereby amended with respect to
the following matters:
1. Use of Additional Floor Area Square Footage on Lot 6.
The owner of Lot 6, Aspen Chance Subdivision, may utilize 1,593
floor area square feet from Lot 4 for the purpose of constructing
an addition to the existing residence on said Lot 6. Following
the transfer, the total floor area square footage on L t 6 s
be 7,463. �.
2. Allocation of Floor Area Square Footage. � d building
foot print square footage set forth in Exhibit "B" Site Data
Tabulation, of the P.U.D. and Subdivision Agreement is hereby
deleted. Subject to the provisions set forth below, a total
floor area square footage of 32,466 shall be allowed to be con-
structed on the seven (7) lots within Aspen Chance Subdivision.
Said total is hereby allocated amongst the seven (7) Aspen Chance
Subdivision lots as follows:
Lot Number Floor Area
Lot 1 3,215 square feet
Lot 2 3,223 square feet
Lot 3 5,468 square feet
Lot 4 0 square feet
Lot 5 5,419 square feet
Lot 6 7,463 square feet
Lot 7 7,678 square feet
Total 32,466 square feet
Notwithstanding the foregoing allocations, the owner or owners of
Lot 1 and Lot 4 may re -allocate a portion of the 3,215 square
feet above allocated to Lot 1 for use on Lot 4; provided, how-
ever, that the floor area of Lot 1 shall not exceed 3,215 square
feet and the total floor area for all seven--(7)-lots-hall not
exceed 32,466 square feet.st
R .tea-- -�
3. Amendment. The parties agree that the P.U.D. and Sub-
division Agreement, sha4b_ aoexa d-amended by the amendment
*-Pr rete t^ ^-tlw--second-_-Paragrapti--a-€ the Recitals, above,. and
by the provisions of this Second Amendment. All other provisions
of the P.U.D. and Subdivision Agreement4not so amended.shall
remain in full force and effect.�,---
-2-
0
U
4. Consent to Amendment. The undersigned owners, being
all of the owners of the lots in Aspen Chance Subdivision Ihereby
consent to this Second Amendment.
5. Counterpart Execution. This Second Amendment may be
executed in multiple counterparts which when taken together shall
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
CITY OF ASPEN,
a Colorado municipal corporation
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 24-8.26(a) of
the Municipal Code
ASPEN CHANCE, INC., a Texas
corporation
By:
Neal Myers, President
The undersigned, being all of the owners of the lots in
Aspen Chance Subdivision, hereby consent to the provisions of
this Second Amendment.
LOTS 1, 3, AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
By:
Michael D. Dingman, President
-3-
LOT 2
John Nichil
LOT 5
Bertram R. Firestone
LOT 6
American Red Oak Trust
By:
Michael D. Dingman, Trustee
LOT 7
Aspen Chance, Inc., a
Texas corporation
By:
Neal Myers, President
-4-
PE OF COLORADO
ss.
UUUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of June, 1988, by Alan Richman, Planning Director, on
behalf of City of Aspen, a Colorado municipal corporation, pursu-
ant to the authority set forth in Section 24-8.26(a) of the
Municipal Code.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of June, 1988, by Neal Myers as President of Aspen
Chance, Inc., a Texas corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
-5-