HomeMy WebLinkAboutcoa.lu.pu.Aspen Chance.30A-88
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THIRD AMENDMENT TO P.U.D. Q 2:..:;
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SUBDIVISION AGREEMENT :z:a. ~:s.
FOR .:: COG> N
ASPEN CIUlliCE SUBDIVISION - ;;
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This Third Amendment is made this ~ day of 0A~ , 1989,
by and between the City of Aspen, Colorado, a Color~icipal
corporation ("City"), Aspen Chance, Inc., a Texas corporation
("Aspen Chance") and American Red Oak Trust ("Red Oak").
R E C I TAL 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.
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WIT N E SSE 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, as amended, is hereby amended with
respect to the following matters:
1. Use of Additional Floor Area Square Footaqe 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 Footaqe. 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 hereby consent to this Second Amendment.
-2-
BOOI( 592 ~1\Gt855
5. Counterpart Execution.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
APPROVED AS TO FORM
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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 OAK TRUST,
owner of Lot 6 ^
By: J r7ft./U \\ ' ~
Michael D. Ding n, Trustee
ASPEN CHANCE, INC., a Texas
corporation, owner of Lot 7
By: Neal 't?::~ P?:'~
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
By:
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5. Counterpart Execution.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
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 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 genera; partnership
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ner
By:
Kerry
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592 PAUE851
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John N~
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
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LOT 2
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
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Michael D. Dingm , President
LOT 5
Bertram R. Firestone
was acknowledge efore me this
, Planning Director,
Colorado unicipal corporation,
n Section 7-907A of the
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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
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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
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592 ~t860
STATE OF CO\41falD
COUNTY OF Vrf1ItA'r-.
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, The fOre~g instrument was acknowledged before me this
iO~"- day of t , 1989, by Neal Myers as President of Aspen
Chance, Inc., a exas corporation.
Witness my hand and official seal.
Notary Public
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STATE OF NE':<l; HAMPSHIRJE
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COUNTY OF ROCKINGH~
The foregoing instrument was acknowledged before me this
/"5 H, day of ~t&,: , 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:
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STATE OF ,I. rC>" r,', oJ
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COUNTY OF Lc~c~~
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The foregoing instrument was acknowledged before me this
17+t..- day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
Witness my hand and official seal.
My commission expires: Feb. 2-L" /'193
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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
II The foregoing instrument was acknowledged before me this
~ day of May, 1989 by Kerry Dunn as general partner of Lot I
Development Partnership, a Colorado general partnership.
.,.,,,:My. commission
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BOOK 592 PAGE85:]
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
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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 :
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W .! ! ! ~ ~ SET 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 Footaqe 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 Footaqe. 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 I 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.
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BOO~ 567 p~GE945
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.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
APPROVED AS TO FOill4:
CITY OF ASPEN,
a Colorado municipal corporation
4-z<th ~J
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 ~ ~tde>;;;
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
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BOOK 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.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
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 Color do corp a ion
By:
"
resident
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BOOK 567 PAGE947
d~~
John Nick@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: /'fa:-{ ~
Neal Myers, President
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LOT 2
BOOK 567 PAGE948
John Nichil
LOT 5
Bertram R. Firestone
LOT 6
American Red Oak Trust
By:
LOT 7
Aspen Chance, Inc., a
Texas corporation
By:
Neal Myers, President
, Trustee
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LOT 2
567 PAGE949
John Nicke I
LOT 5
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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
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BOOK 567 P4GE950
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The forego ins instrument was acknowledged before me this
/3+ day of ~I 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.
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",-'-,~. .,' Witness my hand and official seal.
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_: \',~" 'r\="My commission expires: ;2//3/90
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Notary Public '
STATE OF COLORADO
ss.
COUNTY OF PITKIN
DfThe foregoing instrument was acknowledged before me this
<:::QI. 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:
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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.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
APPROVED AS TO FOm1:
CITY OF ASPEN,
a Colorado municipal corporation
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By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 24-8.26(a) of
the Municipal Code
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ASPEN CHANCE, INC., a Texas
corporation
By: ,-/#d .~.....-
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
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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.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
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 Color do corp a ion
By:
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LOT 2 ~
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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: '/7~ ~
Neal Myers, President
-4-
.
LOT 2
John Nichil
LOT 5
Bertram R. Firestone
LOT 6
American Red Oak Trust
By:
, Trustee
LOT 7
Aspen Chance, Inc., a
Texas corporation
By:
Neal Myers, President
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LOT 2
John NiCkc I
LOT 5
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Bertram R. Firestone
LOT 6
American Red Oak Trust
By:
Michael D. Dingman, Trustee
LOT?
Aspen Chance, Inc., a
Texas corporation
By:
Neal Myers, President
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoin9 instrument was acknowledged before me this
Is-/- 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.
My commis s ion expires: ~ //3/ Cf 0
&~. $gf~
Notary Public '
STATE OF COLORADO
)
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)
COUNTY OF PITKIN
orThe foregoing instrument was acknowledged before me this
ul - 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: "t1I . IIiIIfx1;IiresS/IIlL 15.191i;
(~^-7h.
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Notary Public
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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, Colora~a Colorado municipal
corporation ("City") and Aspen Chance, Inc., a Texas corporation
("Aspen Chance").
R E C I TAL S:
--------
I. 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 I 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.
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CASELOAD SUMMARY SHEET --.~
city of Aspen
DATE RECEIVED:
DATE COMPLETE:
G/rt/~8'
PROJECT NAME: A<:'"l?I'/1 Chonr.P
Project Addres~:^1
APPLICANT: ~'f.Ml ChOM c_€.- , :r",. c.. -
App1icant Add ess: .
REPRESENTATIVE: ChlAc...k ~ro..nJ...+ . /-1-0 (f(),,(\J /A~+
Representative Address/Phone: 600 t:"MlLn $-, Aso&l. ClJ 9thll ,5- 3+l76
,
;~~7==~;;j==;~===~~~~==~72'~()--(5=========================
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
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. DATE RE~D:
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INITIALS:
/paid:
Date:
P1anning Director Approva1:
Insubstantia1 Amendment or Exemption:
l/dO.(J()
Paid:
Date:
Staff Approva1:
Consent Agenda:
REFERRALS :
city Attorney
city Engineer
Housing Dir.
Aspen Water
city E1ectric
Envir. H1th.
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MEMORANDUM
TO:
Alan Richman, Planning Director
FROM:
cindy Houben, Planner
RE:
Aspen Chance P. U .0. 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.
Addi tionally, 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.
I hereby approve the proposed PUD
Amendment to the Aspen Chance
PUDjSubdivision Agreement with the above
listed conditions pursuant to section
24-8.26 of the Aspen Municipal Code
h~ 0
Alan Richman, Planning Director
ch.cby
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HOLLAND & HART
ATTORNEYS AT LAW
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BilLINGS
BOISE
CHEYENNE
WASHINGTON, D,C.
600 EAST MA.IN STREET
ASPEN, COLORADO 81611
TELEPl-K)NE (303) 925-3476
TELECOPIER (303) 925-9367
CHARLES T. BRANDT
June 30, 1988
D301988
HAND DELIVERED
Ms. Cindy Houben
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision
Dear Cindy:
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,
~~
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
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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 1. TAL S:
I. 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 I, 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.
,r""_
WIT N E SSE 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 Footaqe 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 Footaqe. 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
loot 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 I 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-
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~~
HOLLAND & HART
AITORNEYSATLAW
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D.C.
600 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 925-3476
TELECOPIER (303) 925-9367
CHARLES T. BRANDT
June 6, 1988
a71ll88
HAND DELIVERY
Ms. Cindy Houben
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision
Dear Cindy:
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 STATUS OF LOT
Lot I 1408 sq. ft. Vacant
Lot 2 3223 sq. ft. Constructed home
Lot 3 5468 sq. ft. Under construction
Lot 4 1807 sq. ft. Vacant
Lot 5 5419 sq. ft. Constructed home
Lot 6 7463 sq. ft. Constructed home
including
proposed addition
Lot 7 7678 sq. ft. Under construction
TOTAL 32,466 sq. ft.
The residence on Lot 6 presently utilizes a FAR of 5870 square
feet. An additional 1,593 square feet (for a total of 7(463) is
proposed to be utilized on Lot 6 for the proposed addition to the
existing residence.
Please note the FAR allocations to Lots I 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 I, the amount remaining after the
transfer of 691.9 from Lot I to Lot 6 two years ago, and retain
-
HOLLAND & HART
AITORNEYS 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 I 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.D.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-oI prohibitions and our arguments as to
why they do not apply:
(I) 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 I, 593 F,AR is not a signif icant
chang e.
(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 ~ be increased:
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'''''
HOLLAND & HART
AlTORNEYS 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:
I. 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 I 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
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HOLLAND & HART
ATIORNEYSATLAW
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.D.D.
Agreement for Alan's signature.
Very truly yours,
~G-''-k
Charles T. Brandt
for HOLLAND & HART
CTB/sg
cc: Michael D. Dingman
David Finholm
vincent Grizaffi
Rheta Fu1 ton
H. O. Myers
Ed Zasacky
Bill Drueding
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HOLLAND & HART
ATIORNEYS AT LAW
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D_C.
600 EAST MAIN STREET
ASPEN, COLORAD081611
TELEPHONE (303) 925-3476
TELECOPIER (303) 925-9367
CHARLES T. BRANDT
July 12, 1988
JUL I 3 1988
HAND DELIVERED
Ms. Cindy Houben
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision
Dear Cindy:
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,
~vC
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)
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01MP pYfe~ - ~/cA. - ~d~
lJ - SECOND AMENDMENT TO P.U.D. ~ ~ .
AND ;L ~ ;:t:{) lf~
SUBDIVISION AGREEMENT I~ 1.--1~ t.-c4--T
FOR ~ ~Vo/~ /' d
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 TAL S:
--------
I. 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 I and 4 to determine an appropriate
allocation between these two lots of the unused floor area square
footage; and
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5. The City has determined that the
within Section 24-8.26(a) of the Municipal
changes to a P.U.D. plan may be authorize
tor; and ,
6. \ The a~ning DirectJr~' tne requested
amendment \ YLuvldea tnat certain conditions GI-_ ...ilt; which condi-
tions. sl}al:roe --deemed met upon the execution by all.pil.:rties..-~~
hereto / _inB'ltlJ.lu,=, all eOubcuLlug part:1es as notea be.tow--.----.
requested amendment is
COde/whereby minor
b Plannin Direc-
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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 Footaqe 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 a
be 7,463.
2. Allocation of Floor Area Square Footaqe.
foot print square footage set forth in Exhibit "B"
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
c.(U-
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 fOJ:::._all-se n hall not
exceed 32,466 sq\).ar.efeet;--~ \:'1- , KL" \,-.
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----3;/ Amendment. The !fa:rties agree that the P. U . D. and Sub~
dXVlsion Agreement/shall be Q9~mpd amendprl by the amendment
refprrprl t-o iR the epC'oT'd paragraph of .t,ho ReC'it..ls,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. c> ~ +~
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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. J
5. Counterpart Execution.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
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
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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-
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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-
..
,
..
STATE OF COLORADO
ss.
COUNTY 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-