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Home My WebLink AboutLand Use Case.920 Ute Ct.31A-89- 110 (14â‚¬, 6 1 (11>e: 3 Â£ N -91 1,1 Aspen Chance Subdivision dInsubstantial PUD 3~IliT~ment -4 2737-182-00-062 1 , YN I 9 1 ltâ‚¬IA CAJEb ' 1/0(6 P Â·4 U A TR,& actt 6414 -9,Â«tft a F,4/6 *LAUR r:k A ~. ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 3 1 /4 -19 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS 4,\ -63320-141 ALL 1-STEP APPLICATIONS/ , A ''t'' ' CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL 1 11 1 jn l,l dr A ~ 4-11 r f Name: fl.Â· Phone: Address: 1 20" E f .1 a f F.3 Project: ' 4 < '44 Â·4 r c- lei i 1 2 . f~<1{ Fr{/~DA / 4 Check 4 Â· Date: 14 -Itt-7.4 1 /2/jf l A r. -' f! 2. MA Additional billing: #of Hours: -L \ 0. A .Al A. 0 : . 1 : , . - 000 000 0000000 ..0. ON. ./. ./. ..1 . D I. i - - . - 5. .. .... I. . : 41: 4 el . ... ..1 ID. .. : DIA b el .: . & el I ,â€¢ DI. 3 DIDI. 0 . 1 0 . : .0 --- 4 . ./ 4 . 0 . .. . 0 * 4 . 0 T, . 4 5, h . -- 0 .- i :0/ 1 0 4 .. 1 Al 0 -- 0 -. 0 - . . I. . - , 4 0 -- I - -. I '' I, I =- 4 .. 0 - -- 0 ..A A 7/li 4, 0 0 - --- I . . - . 0 . 4 R . . -- 41 0 - 2 0 4 I 0 . . , 0 - .. ..C U -: . I. 0 0 A.: 1 , ~a~ 0 . ..1.0 0 .0 0 .. *- 7 'D'....1 t. I. , 0 ... 4 1, 0 .- 0 0 .. . 0 0 4.47 ... 4 - . 4 . 0 . . 0 . ./ - 3 1/ . 0. '4 6. - I .1 -- I ... . A . I .0 % -0 D -1 .- ... Ii-:4, 1; 0 - 4- X 4 \ 2 0 4 . 0 -d 47 . 41 L~ ... , ~ ' â€¢0' 1 / â‚¬ tie / -3 .A . - - ..:, 1 up. 2 k . 1 1/ ..4:,1 . * 94, . 0 'A e ~ . 0 .. ..- ; - ..1 , / .... . . I 0 . .4 . ... 4 , - - C. 4 -- pin Â·:Fâ‚¬'- . . 1 .. A . A. . A - 1.- -- ; . - - - L - 0 0-0 000 . k 04 W 1/0-1-V t -1 25 SCALE ~ - 1 0 ~-17L~1 2 ~ ~ 26 SCALE 1;4 1 0 P"~ d~'=~-4~ SCALE 124Â·1 0 ~~..J==--~..I SCALE 3/4 1 01--'-t.---1 6 SCALE 1.1 1 SCALE 1 1 2 -1.-0-| rm,---=,=1 SCALE 1 110 7-fl1L__._-f-1- SCALE 1 =20 6 5- - 8610 0 10, 01 01 0 1 0 2 0 .1 0 5 10 20 3 - 1/260#Mi - -* . '41 jl 3 - ,/ . ' - ..frnllr!-*.. ABPEN. COLORABO 0. 1 4/ D. D 1 1 \ . 1 1 1 1 1 1 _1 1 -7 E--------2 1 11 1 11 L. \ 1 1 1 1 < . j :W . J LIU â€¢ I ) 0 OVERLAY ' \7 9%. 1 1 1 KITCHEN ~ 1 1 1 1 1 CARPORT 1 1 1 - 1/1-- -.--7 . Jt OrÂ© / 0 9 4 MECHANICAL MECHANICAL 1 =41Â»0 4 5 \ 01. 0 17/P ' - I - r-1 144/ HOUSESITTING SUITE \74 . 4\ r 1-4 - 1, 6 F. A.EÂ· 40 a F A. 2, = LIUY /5/Â· 6 19 30 447 | 6 0,9 I. 9 BEDROOM 1.6.4 4.'li.- ~ix ----------- fl~L.25 C 'to -r-- / 11 n [[ 46,93 = 5.5 4 T,2,29 42 LLI~ 5 4130 - 4 9 11 6 2 6.-75 \1/0 - 3<55 ' 1141 E *LI U) d' Lill - ./. 3 00 1 1 LLIZU) 1- z ccots I 91 16 ENTRY MEC]**ICAL 3 1 4. 10 J ZZ. SKI . 41 i Z (F - <03 < Â».25*Il . 6 1 -1 11 82 - loz 1- C J 341Â·Ck K14- P.A.R. CAL COL A--3-10.3 S Z < 0 1 0 mi . COW -- ----- ---- --- --- ---- a - ~-- - -- - ~ ~ -- -41 rukaâ„¢1. M816) 8-6354- L ow U. L 6Vt L 2117.5 | td HouSE AA/*trJ L E.vEL 3004Â·5 POWDER â€¢1 Hodet Oerta_ LEVit 1416. o SUITE + 1 ~ 6PA / ~61>ta MA,1 L LVEL 6 7&. 0 | A414 1 -76.5 SPA ~ ME,b,A Lou)u. LEULL 0 El 6n / M 6.5 1 8 OFFU_ Ltv'k 0 0 1 MASTU- 50 'Tt AA#r~ 0 L Utt T 115.0 1 1 - 9-061 1 M 16-rw- SulT< UN'U. LEâ€¢/4,1- 4 00.5 - 1 1 1 ~\ FORMAL ENTRY TeDÂ¥,- F. A,2. 9 144.0 ALLou) A-BLE P.A,2. 111bg C -T DIFFE.,2-Â£0Â£ Â£ 710. u,06 6~ 411 " f" w u il IL-===1 1 1 1 1 11 " >0 . COATS 1 -- 1 - 1 . 1 1 1 1 DATE 4-14-89 DRAWN BY LOWER LEVEL REVISIONS 6.1 MAIN HOUSE SCALE: 1/4"â€¢1'-00 4.1â‚¬Â·37 49,6,4 44 . J U' U. W UJ I > U)O . LAP POOL 1 - 111/ 1 1 11 11 11 11 i t ..i- : 1 L. 1 1 . 11 1 . - 4 101/16 TERRACE G = \W 0177 , BREAKFAST NOOK ROOF DECK == 1 .3-1- 1 11 || 1 - 1 4 L /' !4_-1 \ - Vjlt 11 F.B.B. 43 46 . 50. 34 -0 ~ 6,4- ~%.31 4 Â¢60Â· 0- 1 ! ./1 I & g~. 15 -00 2 IL__[ 33. 6 --- 7 Mi - KITCHEN DINING LIVING -mn====Â» ~ g 6...=== j. I \ 11 9 1 -"i ZtE , - L \ . , 1 p259EEE. '- - .I- -' 0 lill > 2 6*44 Â¤ * 5 'F -30 /Â¢ 1 16.0 "+7 Â·* J 4 *RE 02 1 00 2 0 " 1 --1[ 4 1 Z - O Z 1 ------k 03 En r Jaz M \le h (5 0 LU It- 1 1 33.ie 437- F-j-2 3 2-2 44 3-----Â« 1 U I \9 / O 0 1 1 1 1 --- t, POWDER ~2 ~ 11 1 1 16, 1(0 1 1 41 - 1 11 - 1 4 W DEN BATH +2 OPEN TO BELOW 1 , (STAIRWELL) 12 i.l-----* -I.Ii-1-- i------ --Il#--q -- 1 8 )Fl # , i Il li " 1~ -" ~~1 Il n C .17 z Un 4.6 -- to.ze 16>. 13 60 mo 44 POWDER â€¢3 -- Il 4 4 11 DATE.4-14-8. DRAWN BY MAIN LEVEL REfISIONS' 3.2 MAIN HOUSE 4.1<Â·71 SCALE: 1/451'-0' 03* Ur - V ~1211@ml~ '&/'.lk/Ill.//'/ D .. 4 t 0 0 e C e . 1 : 11 1 KI Fl -1] . 1 / BATH â€¢3 ~ -~ ~ -- f Â· A.Z. 1 1 / - 1 1 â€¢ k. ZO | 394 U.1 Â· 33-5 31.16 00 /- 11â€¢ - OPEN TO BELOW LU SUITE â€¢8 || \ 1/4 .~41<17 -W r; 14 66 - LJ 0 0 4 -- ~ ~ ~ -Â§t~ SurrE .5 U) o 1 3- 1 U.1 Z IGÂ¥ 14.-15 B O 390 + C 1- -O BROGE 6 x 30.5 ZZ 161.4 8 2 2 , R 11 11 Il 1 f' 4 -A A- 46, 1 . F 2 Â¥ LIEN 'l/, tto 1 1 . Z q W .. 1 jul 0 - BATH .5 O 0 OPEN TO BELOW STORAGE ~ 1| F' (STAIRWELL) 1 . - - 4,): C E 4,1.r 1 U 0 0 < C e C UPPER LEVEL > -17 2-F:...1 OC DATE 4-14-89 DRAWN BY REVISIONS , 3.3 MAIN HOUSE SCALE: 1/4':1'-0' 1 Â·' 1 f Â· 59Â·. FI , V.I.V ONINNvld aNÂ¥1 aNÂ¥ 38(11031]HOEIV . .0NI S31Â¥10069Â¥ aNV IN1OHNId QIAV NOISIAIGanS BONVHO 61,16 uaVo . / -- -1-- < or -W > 0 1 V JINIININ V lu UIN V I UIN V .JUI I.LUL.J.LIfluu V I J IN I OJIVIJUDOV U IN V V,1 1 U n IN I J U l/\ V U SHEET -r- Ill-#-0-i- .-*#*-- 1----ir--7 11 1 4 GO I = lili CLOSET ~ rf 1 11 1 11 1 DECK - surrE â€¢e \ 4 + V 1,4 \ 1. / OPEN TO - ~ ' 4ELOW It 1 $ BATH +0 LOO 1 11 UJ 0. g Z*m LOWER LEVEL U.1 5 UPPER LEVEL 0315 U) O 2 T28 Z 4 2 3 LOZ F.A.2Â· Zi< m I-f 6-760 - 2 GO l(.16 033- / Del.1 1 SPA \ - MEDIA 1, - 64 ~ 33 41U ii LAP POOL ! 4/ SPA / MEDIA g-) SCALE: 1/4*.1'-0" OIl k.\\-4 MEDIA BATH < 7- -/ D 1 . %,i. - Â· DRAWN BYÂ· 1 1 . 1 , DATE 4-144" 1 . 1. i REVISIONS MAIN LEVEL 34 Gf~ . ./.In/n.limmuw..1 ......1//3.E.#9223/~4 - > lili 4 1 L 1 L L . UJ . O 1 ... , . .. V-/ .... 1 V ...1 V I ,-/ V Â£/ ./ V .-1 1. V I . 1 ./ 1 1, T.1, 1,1.1,%44- ' I.019"2. 1- SHE'ET TUB 4 'f ...1 1 11 1 . /1.W --h Â· d 11 1 5 /04/ OP BELOW - -9 W o O ~ ~ HIS ' HERS ---_ STORAGE li HIS TOUT ' Â»* , p : / v A (1.16 -1 --- 0 14 '11\.6 RA. g. 21 ~ ~~ SHOWER \ BTD STORAGE STUDY MOD CLOSET - 31 1 ~ .lb ll * t. 0, ZA fr. P. 1 1 2 9 1 .6 ill Â£ 1...C 04.10 . 16 - I [3>41 -1 60 1, ..'.12 --- - 31.4 4-- -- 7 -7 - L-7 11 6 -t -- / . ..6. 400.5 i : / 870 CLOSET ~ER TOILETS Ul Z OPEN TO BELOW 160 LU> W- 0 0 0 -30 U) 0 3 LUZ if ~ MASTER SUITE - m 2 O Z ZZ< <25 - 85* f - 11 - 211 h IlÂ· 1- 1 4 ' 1 1 916.6*46 1 , DECK . 4 1 9 UPPER LEVEL MAIN LEVEL f DATE'4-14-89 DRAWN BY REVISIONS MASTER SUITE 3.5 SCALE: 1/4% 1'-0" 4 : [2' gl Ir 20 1 t I i '4, &162 Ii* 32*1 1 - ..A 4 k 4 , / 1 \\ 40 1 8 /1 -: , 4 0 A i \) U Iii 7 rkiihen 4 I. ... f I 1 (V\. \ /0 1 1 0 l 1 /\1 - - FO-- ... \ 41 4\ 1 1 1 \ -9 0 /~2 , il 1 1 /0 H \\% Â» U -1 0 2 x Ki .\\ \ i y o. 4 .!.A V '- \ ' / 1~ // 44 I \ ./.- .c,_a ---r, Cr- U / ~~x ' , ..- / \. 1-1 \S , N 1.1- 1 1 # 1 ! - / \ 1 6/ 2 / \ 1 1% 10 .'' 1.N'' 1 Â« ht \ 4 - / 14 \ 1 (6 A lo, 6 i / . I 4 \ h / \ 4 i , \ \ 6.41 , 11\ / , - \1, 'Â®4&14. 1 \\1, ~ 12/ 1 . 4,\ 5.41,4 94 - 4 U \ 1 / 1 491 1%: P D N / 1 / 2 , do 1 1 . i B \31% ': , 2. Al 1 09 I 4 1 2 4 i P \N Z.. 4 94 - I/, 9 -yinÂ· â‚¬ 49 9 1 1 i- 1 .1\ \\ I. 4006 E :11 4 - Abb (7[6.0 f X FBOT-PeI AT 1 t# C 20&.6 4 i.i>Â· 1,-t: 41'hie. A Â« 3Â» 9 1 1 7 J L ..2.4 -42 Â£- r 4 Â· 1 0,04 Â·~> f\. 1 . % '*A:,3104 07 #ev -910R~Â· 1, 7 1 , STORAGE LEVEL FLOOR PLAN Ci) MECHANICAL & GARAGE LEVEL FLOOR PLAN 6 ~ NORTH ~ - '~ O < NORâ„¢ N P=L - 1/4" = 1'-0" -/ U~IllY) , 1/4" = 1'-0" \3@87 - A 7< 1 1 1----1 1 9. 31 f ti 3 'Â·14*. ;4-*F h . 0 - a 2 .1 ' ~ HOLLAND & HART ATIÂ©RNEYS AT LAW DENVER , 6/ $ th-, 600 EAST MAIN STREET /'~h TELEPHO,NE (303~0 925-3476 DENVER TECH CENTER ASPEN, COLORADO 81611 ,>9 -'.Â·'~bECOPIER (303) 925-'9367 COLORADO SPRINGS 4 iltty 1 4 '-9 U .- h ASPEN 9:-/4V ., BILLINGS veli. BOISE CHEYENNE April 25, 1991 .ff.. 6')94Â£ WASHINGTON, D.C. / CHARLES *911- %> rt/1/ HAND DELIVERY ~ 0740 /%Â· v 4%> 43., Jed Caswall, City Attorney .â‚¬e kfil 02 City of Aspen ~ 130 South Galena St. Aspen, Colorado 81611 Re: Third Amendment to P.U.D. & Subdivision [ I 1 96( Agreement for Aspen-Chance Subdivision Dear Jed: In doing some follow-up work relating to the Aspen-Chance Subdivision, I noticed that the enclosed original of the Third Agreement to P.U.D. and Subdivision Agreement for Aspen-Chance Subdivision, though recorded, does not contain Alan Richman's signature. My recollection is that the Third Amendment was delivered to the City of Aspen for execution, not only by the City Attorney ( Fred Gannett was handling the matter) but by Alan as Planning or Director. For some reason, the Third Amendment was recorded following Fred's execution but not Alan's. To give you some background of this matter, I also enclose a copy of Alan Richman's May 15, 1989, Memorandum on the matter as well as a follow-up letter of mine to Alan dated July 10, 1989. I think the simplest way to handle this situation is to have Alan execute the Third Amendment and re-record it with a notation at the bottom of the first page to the effect that the Third Amendment is being re-recorded for the purpose of evidencing Alan Richman's signature which was not contained on the Third Amendement when initially recorded. I could have asked Alan to execute the Third Amendment but thought it a better practice to run this matter by you first. I look forward to hearing from you as to your suggestion on how to approach the situation. Very truly yours, 0 00 - f L--/L./.- - e--- Charles T. Brandt for HOLLAND & HART CTB/neh CC: Alan Richman Richard Pappalardo H.0. Myers . HOLLAND & HART . 4 ATTORNEYS AT LAW' DENVER 600 EAST MAIN STREET TELEMCNE (3031925-3476 DENVER TECH CENTER AS,PEN COLCRADO 8161 1 TELECCFMER (303) 925-9367 CCLCRADO SPRINGS ASPEN July 10, 1989 BILL!NGS BOISE CHEYENNE WASHINGTON, D.C. CHARLES T. BR.Â·UDT HAND DELIVERY Mr. Alan Richman City/County Planning Department City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Third Amendment to P.U.D. and Subdivision Agreement for Aspen Chance Subdivision Dear Alan: Because of your familiarity with the referenced Third Amendment, I'm directing to your attention the enclosed two prints of the proposed Resubdivision of Lots 4, 5 and 6 into Lots 5 and 6 of The Amended Plat of Aspen Chance Subdivision. The enclosed Flat is submitted pursuant to paragraph number 3 of your May 15, 1989, memorandum regarding the Asnen Chance Insubstantial P.U.D. Amendment. Please let me know if the proposed plat is satisfactory. I do note that your name as Planning Director appears under the Certificate of Approval. Please advise as to the appropriate person to sign the mylar since you are no longer the Planning Director. With the copies of this letter to Neil Myers (Aspen-Chance, Inc.) and Richard Pappalardo for Bertram Firestone, owners of Lots 6 and 5, respectively, I'm also providing each of them with a copy of the print for their respective reviews. I'll let you know if either of them have any changes. Once acceptable to all parties, I will circulate the mylar for execution. I look forward to hearing from you. Very truly yours, Charles T. Brandt for HOLLAND & HART CTB/sg Enclosure '9 /9. W n u 9. w. Myers (w/enc) Richard Pappalardo (w/enc) Ed Danenhauer P.S. to Neil and Bert, only: Please review the enclosed print and let me know if the plat is satisfactory to you. .. MEMORANDUM TO: File FROM: Alan Richman, Planning Director -~(2~ RE: Aspen Chance Insubstantial PUD Amendment 32* DATE: May 15, 1989 ISSUE: The applicant requests an insubstantial amendment to the approved PUD agreement for the Aspen Chance PUD. The purpose of the amendment is to transfer the remaining unbuilt square footage (1,593 sq. ft.) from Lot 6 to Lot 7 of the PUD. The resulting allocations of square footage to the 7 lots in the PUD are shown in the proposed revised PUD agreement. , FINDINGS: The applicant has demonstrated compliance with the basic criteria for a PUD amendment in the attached letter from Chuck Brandt. Moreover, the amendment is consistent with the conditions and representations of the original project for the following reasons, or with the following conditions. 1. The intent of the original PUD was to keep as much of the bulk off Ute Avenue and to step the building mass away from this road, toward the mountain. The requested transfer will permit a limited expansion of the home now under construction on Lot 7, with much of the expansion being internal or to the rear. A site visit confirmed that this expansion will not be apparent from Ute Avenue. 2. The original PUD limited the size of the various homes through designation of footprints. It was not until the PUD was subsequently amended that the concept of taking the total FAR allowed and allocating it among the lots was established. Therefore, moving FAR among the lots is certainly not prohibited by the original approval and is a well established principal for this project, based on the prior two PUD amendments. 3. Since no FAR is allocated to Lot 4 and none remains to be re-allocated, the lot's development potential should no longer be reflected in the PUD. This can be accomplished by merging it into one or more of the other lots or by labelling it as "common open space". TO eliminate all future uncertainty as to this lot, an amended plat removing this lot's development potential should be recorded. 4. The owners of all six lots must sign the amended .PUD agreement prior to its being signed by the Planning Director or City Attorney. i . â€¢Â· .. ACTION: I hereby approve of the insubstantial amendment, subject to the following conditions: 1. signatures shall be obtained from all lot owners, from the Planning Director and City attorney before a building permit may be issued for any floor area included in the subject exchange. 2. The homeowners' association shall submit an amended plat for signature of the Planning Director, City Attorney and City Engineer which represents that Lot 4 has been merged into one or more of the other lots, has been designated as common open space or otherwise has no development potential. The plat shall be submitted and recorded within 90 days of the date of recordation of the third amended PUD agreement. chanceinsibstantial ~46. 0 0 800K 592 PAE853 2 Co r- THIRD AMENDMENT TO P.U.D. 0 2 AND tEJ 0JW SUBDIVISION AGREEMENT 0 2 FOR == 01 - ASPEN CIIANCE SIJBDIVISION 003 Thj.s Third Amendment is made this ~9~ day of ~14~6r , 1989, by and between the City of Aspen, Colorado, a Colorado hunicipal corporation ("City"), Aspen Chance, Inc., a Texas corporation ("Aspen Chance") and American Red Oak Trust ("Red Oak"). RECITALS: ------- 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 Cj-ty 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. 311626 FITKIN G 1 7 E 0 MGR .... .... .. BOOK 592 m*854 WITNESSET Il: - 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 I_,0 t 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- - .. BOOK 592 me855 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 CITY OF ASPEN, a Colorado municipal corporation By: ~~0~..,~'~~~~City Attorn~ Alan Richman, Planning Director pursuant to / the authority set forth in Section 7-907A of the Aspen Land Use Code AMERICAN RED OAK TRUSTr owner of Lot 6 A '-AA ' A F By: 4 f 14 A A '~~~ V VV P- Michael D. Dingr~~, Trustee ASPEN CHANCE, INC., a Texas corporation, owner of Lot 7 By: 73Â£Â« .2974. Neal Myers, Presâ‚¬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 By: -3- Â£7 0 800, 592 asia,u 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 CITY OF ASPEN, Â»-/7 a Colorado municipal corporation By: \ 0~ / ~City AttorneÂ» 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 CTIANCE, 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,artnership, a Colorado general/partnership By: 4. H,/ 3 Kerry Dunnky (0#$4426-partner U U -3- ' I' crlo 94,7 BOOK JJA. PAGE.la i LOT 2 ~/37 %701 A 1/ 1 )4-3 John Ni-Ekel - 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- .. BOOK 592 PASâ‚¬858 LOT 2 John Nickel LOTS 3 AND 4 Powder Lane Associates, a Colorado partnership, by Red Oak of Coloradp, Inc., a Colo-ado co oration 2.34 - 4 9.-- -I By: , Michael D. Dingmif, President LOT 5 Bertram R. Firestone S~*E or COLORADO ) ) SS. COUNTY-OF PITKIN ) The foregÂ»i,Qg instrument was acknowledged/before me this /3'42, day of 1989, by Alan Richrg,AM-2 Planning Director, on behal f of City>'of ~Afen, a ColoraÂ®,0rr-unicipal corporation, pursuant to the authority~â‚¬et forth-zin Section 7-907A of the Aspen Land Use Code. Witness my hand and...dificial 1&4,1Â· My commissi expires: / 3344/30/ \\\\ r.0-fL~fr'>:pi ,-4<~3394:*. $--,-.1 t ; 0 .1 NoLS ry fublic .443 1 *.1. -4- :.j u Ylf: *20 BOOK OUS FAGE _,Â·J Â·u 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 1Â·-F/*-. *1 110=-R>c. 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- A 507 *=REA BOOK t.... -.1414. Ly./. 'w STATE OF 6646 ) ) SS. COUNTY OF DCUM- _ ) The foregoing instrument was acknowledged before me this 1 6-+ ~_ day of i j~f'124 , 1989, by Neal Myers as President of Aspen Chance, Inc., aJI'exas corporation. Witness my hand and official seal. My commission expires: 9~16/4 1 - 20 f /nt .3 r, ._ -~ ./7 Z - \1 ' , Ak) 3 jJÂ»---- Notary Public 1 16'. I:.. .6 . 1, I. V . Ft/~t:tl:''*. STATE OF JNEW' HAMPSHI]y ) SS. COUNTY OF ROCKINGHAMj The foregoing instrument was acknowledged before me this / 6 0-4 day of /7â‚¬ r c.Â£' , 1989, by Michael D. Dingman as Trustee of - American Red Oak 4'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: /21>44~2/ 2-01 9 - 2 0/.1 *PK< <5(447 Ef 4-- 5 e z No-Lary Pldblic # - - ' L. 1 ctb:a16878017a Â¢1 BOOK 592 n,861 . 0 . 1 STATE OF \~rainha ) D ) SS. COUNTY OF Loud Oun ) The foregoing instrument was acknowledged before me this /7+L day of May, 1989 by Bertram R. Firestone as owner of Lot 5. Witness my hand and official seal. c r k.Â·,.. My commission expires: Fe.6, 2-4, /993 ' 'f . .. 0 & r. L , L-LL-tuk-k, r Notary Puplic -6- ctb:a16878017a BOOK 592 ma862 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 ~ (0 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. .eÂ·.My commission expires: 144.,1 U : ..1 ~ LI 1 /1 , F ~ -/*i> ; 4 9 1 u.Â·Â·eaLSL- W . ~,Y,uLLS<---0-K-, Notary Publlic / ~ j ... t 3 OF 000 -6- ctb:a16878017a ra BOOK 3,34 PAGEOJ,j 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 ) ) SS. COUNTY OF CHEROKEE ) 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 : 10-19-92 . t, 6 , '45. V dift' 24 0 ..., 14 X, 94202 H., t. 0 4 Nd~ry P~plic ; 1 Y 1- 11 2 . 9 71 ; ./ 4 - ..... -6- ctb:a16878017a 'Â£1549_ f~, c, c - e~Yi /937Â»1 1 *. \ k -% C t..1 C hkit-- - LOA- i -~t~--/tl 4 4-j' 1 A /1 /-y\ A A--0. LU<.x- 1 ULL..3 UlAJ,; (AD 'f~Ek_Â¥ -1 0-4/6-00 lj~/323 Off -Xti, 1 6 9.\ n ly 1~U /94 0..,6 , _ 1 ' .'.*5663<,reia;ZTE, 60 (411 4-4 9. A r n j OlkiM<AL 01-tkg-,4*mx- AiL*ki,i ., v . A FLOOR AREA ALLOWED ON SITE~' 0161Â« O 4 1- 2 /4, 970 Net Square Footage '~~~ +nits = 46,612- sq. ft. lot area -4408Â£ sq. ft. min. lot area 9 56%44 7 44Â»PLU -- 1 ...2 9001 %\ ' A S.Â¥39 5439 c.v-, 6Â» 4:6** 100 = sz~ 4# 1 x '0'~4% sq. ft. of Floor Area for each additional, 100 sq. It. in lot area) 399' Allowable Square Feet SINGLE FAMILY DUPLEX STRUCTURE 4Â«04\ Per Type of Structure -9 9070 -49Â» 9500 + -96Â· 39-2 + -86- 397 . 3 47 U 04 V 4-8 4 11-2 -tÂ« fl f Total Allowable 4YST pe \ I .6 Floor Area *0Â»single family @-4895 = 5&.989 19- S ,2'duplex structures @-50+0Â·= -2 /4, 61% 5 7 7-1-3 Total -,6,#r32Â¥66 Q \0-~ 1 'Calculated according to formula given in Section 24-3.4. based on net square footage after density reduction; see Appendix B. /#2<8/vokx Y)42 263. NI-Â· f @Xy <3 JIN 1 0 .4499 - 4-4 4% 4 2. .. HOLLAND & HART ArrORNEYS AT LAW DENVER 600 EAST MAIN STREET TELEPHONE (303) 925-3476 DENVER TECH CENTER ASPEN, COLORADO 81611 TELECOPIER (303) 925-9367 COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE WASHINGTON, D.C. CHARLES T. BRANDT May 17, 1989 HAND DELIVERY Alan Richman, Director of Planning and Development City of Aspen 130 South Salena Street Aspen, Colorado 81511 Re: Third Amendment to P.U.D. and Subdivision Agreement for Aspen Chance Subdivision Dear Alan: Accompanying this letter is the original of the Third Amend- ment to P.U.D. and Subdivision Agreement for Aspen Chance Subdi- vision containing the signatures of the owners of all seven Aspen Chance Subdivision lots. You'll note that the signature and notary pages containing John Nickel's and Bert Firestone's signa- ture and that of the notary publics who acknowledged their signa- tures are facsimile copies. The originals were sent Tuesday via UPS (Federal Express doesn't service Park Hill, Oklahoma). I trust the facsimile copies are sufficient to permit you to sign the Amendment and provide the Building Department with a copy so that the "red tag" on house 7 can be removed. As soon as the original pages containing the signatures and that of the notaries arrive, I'll send them over for your substitution of the facsimile pages along with a check to cover the recording fees for the Amendment. Please let me know when construction can pro- ceed. I am proceeding to amend the Aspen Chance Subdivision plat to eliminate Lot 4 as you requested. The land constituting Lot 4 will be divided between Lots 5 and 6 thereby eliminating Lot 4 and enlarging Lot 5 and 6. As soon as Scarrow and Walker can survey the lot and prepare an amended plat, I'll get it over to you for review and signature. I've asked the surveyor to give me an estimate when we can expect the proposed amended plat. I'll let you know. .. HOLLAND & HART ATrORNEYS AT LAW Alan Richman May 17, 1989 Page 2 Thank you for your cooperation and willingness to reconsider your initial position on the amendment to the P.U.D. Agreement. Very truly yours, (L jo/ 9) Charles TV Brandt for HOLLAND & HART CTB/sg Enclosure CC: Michael D. Dingman H. 0. Myers Rheta Fulton Ed Danenhauer Richard Pappalardo .. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 4/19/89 PARCEL ID AND CASE NO. DATE COMPLETE : 4 tz- 6 \<R-1 2737-182-00-062 31A-89 STAFF MEMBER: 834- 1 Leslv PROJECT NAME: Aspen Chance Subdivision Insubstantial PUD Amendment Project Address: Legal Address: Lots 6 & 7. Aspen Chance Subdivision . APPLICANT: Aspen Chance, Inc. and American Red Oak Trust Applicant Address: REPRESENTATIVE: Chuck Brandt. Holland & Hart Representative Address/Phone: 600 East Main St. Aspen, CO 81611 5-3476 PAID: YES NO AMOUNT: $100.00 NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date ly\V#44 PUBLIC HEARING: YES VESTED RIGHTS: YES C~) Planning Director Approval: Paid: Insubstantial Amendment or Exemption: 34 Date: REFERRALS : AD te- 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 Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: . 0 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 May 3, 1989 Chuck Brandt Holland & Hart 600 East Main Street Aspen, Colorado 81611 RE: Aspen Chance Subdivision Insubstantial PUD Amendment Dear Chuck, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the City Council on Monday, May 22, 1989 at a meeting to begin at 5:00 P.M. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Alan Richman, the planner assigned to your case. Sincerely, matil-u~0~ Debbie Skehan Administrative Assistant .. CITY OF ASPEN ~,6. MEMO FROM ALAN RICHMAN, AICP Planning and Development Director (DAAE,-.-AU-2% 1 - 4 9.- A < DÂ» 0-I-.04*) w----te-~25 (4- 6 An 1- i 33 %111 02 p 4.o L~=3 F#** Lo v...9. A -A- O -L Co - \Li A~r-4 - 'LOJC 'Le Le )5"41 6, L.1Â·Â·Lchi D,L<\ LA-,1* 'L-, 41 AL cÂ« 6-6 L.J,>R. f 41 'bi / 4-1 V *--f *3(3 , ul -0 94- L--41 16.7 1 >SUL ~ 3/0 \LR-Â£-f FLUL 2, -C k 0 99 \24-0 Au , 6,-2 41 & 39 4 LL W ;JL - /3 00 94 ~23 B-2* 0, 20 \23 CkÂ« LIC cA AL; 56 i * Uh 41 - A /4 *,4 4 40~.0 , /unf ~' \~AA'i" IMLS, .. HOLLAND & HART ArrORNEYS AT LAW DENVER 600 EAST MAIN STREET TELEPHONE (303) 925-3476 DENVER TECH CENTER ASPEN, COLORADO 81611 TELECOPIER (303) 925-9367 COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE April 19, 1989 WASHINGTON, D.C. CHARLES T. BRANDT HAND DELIVERY Mr. Tom Baker City/County Planning Office APRI 9 130 South Salena Street Aspen, Colorado 81611 Re: Amendment to P.U.D. and Subdivision Agreement for Aspen Chance Subdivision Dear Tom: This letter shall constitute an application submitted under Section 7-907 A of the Aspen Land Use Code, Amendment of P.U.D Development Order -- Insubstantial Amendment. This letter of application is submitted on behalf of our client, American Red Oak Trust, owner of Lot 6, Aspen Chance Subdivision, and Aspen Chance, Inc., owner of Lot 7, Aspen Chance Subdivision. Our check in the amount of $100.00 accompanies this letter repre- senting payment of the required application fee. Authorization letters from American Red Oak Trust and Aspen Chance, Inc. also accompany this letter. BACKGROUND Pursuant to the Second Amendment to P.U.D. and Subdivision Agreement for Aspen Chance Subdivision approved by Planning Director Alan Richman in June, 1988, a total of 7,463 square feet is allocated to Lot 6. This figure included the transfer of 1,593 square feet to Lot 6 to be utilized in connection with a proposed addition to the residence on the lot. The proposed addition has not been constructed leaving the 1,593 square feet available for transfer to Lot 7 upon approval of the requested amendment set forth below. AMENDMENT The purpose of this amendment is to amend Paragraph 2 of the Second Amendment to P.U.D. and Subdivision Agreement to "trans- fer" the unused 1,593 square feet from Lot 6 to Lot 7 resulting in the floor area square footage of the residence on Lot 6 being reduced to 5,870 square feet (the present size of the residence on the lot) and the floor area square footage for the residence on Lot 7 being increased to 9,271 square feet. At this time, 1,521 of the additional 1,593 square feet will be utilized on Lot 7 in the following manner: conversion of the existing three - I .. , HOLLAND & HART AUORNEYS AT LAW Mr. Tom Baker City/County Planning Office April 19, 1989 Page 2 car garage into living area, utilization of some "volume" area within the structure and the addition of a small "breakfast nook". The building footprint of the house on Lot 7 will be unchanged with the exception of the breakfast nook addition. A sketch of these changes prepared by David Finholm and Associates, architect for the house on Lot 7, also accompanies this letter of application. I also suggest we arrange a site inspection as soon as possible. INSUBSTANTIAL AMENDMENT CRITERIA Addressing the criteria in Section 7-907 and in support of this application for an insubstantial amendment to the approved Aspen Chance P.U.D., I offer the following: 1. The use or character of the development will not be changed. The use of Lot 7 remains residential. As for the char- acter of the development, it remains the same in that all but 200 square feet or so of the additional square footage will be used within the structure as it is now being built. The two largest homes in the seven lot subdivision are the houses on Lots 6 and 7 which are located at the subdivision's upper level or bench and are up against the base of the heavily forested mountain. Because the subdivision is "tiered", the size of the two homes on Lots 6 and 7 remain in scale in relation to the homes on the other lots in Aspen Chance Subdivision. 2. The transfer of the 1,593 square feet will not result in an increase greater than 3% in the overall coverage of struc- tures on the land. The footprint of the house on Lot 7 will only increase by approximately 200 square feet as almost all of the square footage transferred will be used to convert the existing garage and "volume" areas into living areas. Furthermore, and of some importance is the fact that if the 1,593 square feet were utilized on Lot 6 in the proposed addition which had a building footprint of 1,226 square feet, greater land coverage on Lot 6 would result than that proposed for Lot 7. By transferring the square footage to Lot 7, almost all of the square footage is uti- lized within the existing structure. See the last page to the enclosed blueprints which shows the proposed addition on Lot 6. 3. There will be no increases in trip generation rates or the demand for public facilities as a result of the transfer of FAR from Lot 6 to Lot 7. Since no additional units are being added by the transfer and the additional square footage will be incorporated into the existing structure on Lot 7, additional trip generation and public facilities demands are not a conse- quence. 0 . ' HOLLAND & HART ATTORNEYS AT LAW Mr. Tom Baker City/County Planning Office April 19, 1989 Page 3 4. There will not be any reduction of approved open space. The approved open space as shown on the subdivision plat for Aspen Chance will not be reduced by the requested transfer of FAR. 5. Off-street parking will not be reduced. The house on Lot 7 will contain eight bedrooms. There will be eight off-street parking spaces provided -- three in the new carport, three in front of the garage and three along side of the house as shown on the site plan. These are shown on the enclosed Site/Landscaping Plan. 6. No reduction of required pavement width, or rights-of-way for streets and easements will occur as a result of the transfer of square footage from Lot 6 to Lot 7. See the enclosed Site/Landscaping Plan. 7. No increase in the approved gross leaseable floor area of commercial buildings will occur. Since the properties involved are residential in nature, this criteria is not applica- ble. 8. No increase greater than one percent in the approved residential density of the proposed development will occur. The density is not affected -- all that is accomplished is a swap of square footage from one lot to another within the Aspen Chance Subdivision. Please give me a call if you have any questions or wish additional information. I will call you to arrange a site inspection with David Finholm. I am also submitting for your consideration, a draft of the proposed Third Amendment to P.U.D. and Subdivision Agreement for Aspen Chance Subdivision. Ve Wi truly yours, 2 Charles T. Brandt for HOLLAND & HART CTB/sg Enclosure . 0 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 4/19/89 PARCEL ID AND CASE NO. DATE COMPLETE: 4 lz- 6 \9-1 2737-182-00-062 31A-89 STAFF MEMBER: M A-1 Les l, 6 PROJECT NAME: Aspen Chance Subdivision Insubstantial PUD Amendment Project Address: Legal Address: Lots 6 & 7, Aspen Chance Subdivision APPLICANT: Aspen Chance. Inc. and American Red Oak Trust Applicant Address: REPRESENTATIVE: Chuck Brandt. Holland & Hart Representative Address/Phone: 600 East Main St. Aspen, CO 81611 5-3476 PAID: YES NO AMOUNT: $100.00 NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO 4-Â·e-*-2~=1 VESTED RIGHTS: YES NO CC Meeting Date 118 PUBLIC HEARING: YES ~ 54Â« ,~I*- c ' 2 1 1 01-7 VESTED RIGHTS: YES (C~) J Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: ~ 0 4'L e. 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 Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: 5~257527 INITIAL: ~~-- ..2~ City Atty ~City Engineer l~Zoning __ Env. Health Housing Other: FILE STATUS AND LOCATION: O-4 ral,LE 6. - 0 0 Case Disposition The 3rd amendment to the Aspen Chance PUD was approved by staff, with the following conditions: 1. Signatures shall be obtained from all lot owners, from the Planning Director and City attorney before a building permit may be issued for any floor area included in the subject exchange. Note: The required signatures were obtained and the agreement was recorded at Book 592, Page 853. 2. The homeowners' association shall submit an amended plat for signature of the Planning Director, City Attorney and City Engineer which represents that Lot 4 has been merged into one or more of the other lots, has been designated as common open space or otherwise has no development potential. The plat shall be submitted and recorded within 90 days of the date of recordation of the third amended PUD agreement. The applicant concurs with this condition. .. MEMORANDUM TO: File FROM: Alan Richman, Planning Director *42\ RE: Aspen Chance Insubstantial PUD Amendment DATE: May 15, 1989 ISSUE: The applicant requests an insubstantial amendment to the approved PUD agreement for the Aspen Chance PUD. The purpose of the amendment is to transfer the remaining unbuilt square footage (1,593 sq. ft.) from Lot 6 to Lot 7 of the PUD. The resulting allocations of square footage to the 7 lots in the PUD are shown in the proposed revised PUD agreement. FINDINGS: The applicant has demonstrated compliance with the basic criteria for a PUD amendment in the attached letter from Chuck Brandt. Moreover, the amendment is consistent with the conditions and representations of the original project for the following reasons, or with the following conditions. 1. The intent of the original PUD was to keep as much of the bulk off Ute Avenue and to step the building mass away from this road, toward the mountain. The requested transfer will permit a limited expansion of the home now under construction on Lot 7, with much of the expansion being internal or to the rear. A site visit confirmed that this expansion will not be apparent from Ute Avenue. 2. The original PUD limited the size of the various homes through designation of footprints. It was not until the PUD was subsequently amended that the concept of taking the total FAR allowed and allocating it among the lots was established. Therefore, moving FAR among the lots is certainly not prohibited by the original approval and is a well established principal for this project, based on the prior two PUD amendments. 3. Since no FAR is allocated to Lot 4 and none remains to be re-allocated, the lot's development potential should no longer be reflected in the PUD. This can be accomplished by merging it into one or more of the other lots or by labelling it as "common open space". To eliminate all future uncertainty as to this lot, an amended plat removing this lot's development potential should be recorded. 4. The owners of all six lots must sign the amended PUD agreement prior to its being signed by the Planning Director or City Attorney. .. ACTION: I hereby approve of the insubstantial amendment, subject to the following conditions: 1. Signatures shall be obtained from all lot owners, from the Planning Director and City attorney before a building permit may be issued for any floor area included in the subject exchange. 2. The homeowners' association shall submit an amended plat for signature of the Planning Director, City Attorney and City Engineer which represents that Lot 4 has been merged into one or more of the other lots, has been designated as common open space or otherwise has no development potential. The plat shall be submitted and recorded within 90 days of the date of recordation of the third amended PUD agreement. chanceinsibstantial e 0 51 0 KS -0 3 A \ 0 N}4*'~ Dl NO. 1( C 6 Cio1 THIRD AMENDMENT TO P.U.D. AND SUBDIVISION AGREEMENT FOR ASPEN CIIANCE SUBDIVISION This Third Amendment is made this \% day of \A %>AE , 1989, by and between the City of Aspen, Colorado, a Colorado Mnicipal corporation ("City"), Aspen Chance, Inc., a Texas corporation ("Aspen Chance") and American Red Oak Trust ("Red Oak"). RECITALS: -------- 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. 0 0 -/1 1 3by WITNESSET 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 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 hereby consent to this Second Amendment. -2- .. 8 5 3 5. Counterpart Execut-ion. 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 CITY OF ASPEN, a Colorado municipal corporation 4 111~ ~rhbkAK-3 \D--,---â‚¬--- By: ~~~,/0~~~ City AttornqÂ£ 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 , A Michael D. Dingn~~ Trustee ASPEN CHANCE, INC., a Texas corporation, owner of Lot 7 By: r74O1 7rvÂ·w,-> Neal Myers, Pres'fdent 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: -3- 0 0 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 CITY OF ASPEN, a Colorado municipal corporation L Of\\ /.f-- h \0~ By: ~City AttorneÂ» 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 CILANCE, 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 Pprtnership, a Colorado generaL/nartnership By: Kerry DunnA E-Â·Partner U -3- .. 0 -f-1 Â»1 LOT 2 L,/'~~37 -~-_Â»4>494 2(Lt ) 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- .. LOT 2 John Nickel LOTS 3 AND 4 Powder Lane Associates, a Colorado partnership, by Red Oak of Coloradp, Inc., a Colorado codpora~ion >12---1** -~/-1- 2~ Michael D. Dingintf, President LOT 5 Bertram R. Firestone STAyE or COLORADO ) ) SS. COUNT~DE PITKIN ) \\ The fore Lng instrument was acknowledge efore me this /3 44 day of- - /42..fh, 1989, by Alan Richm , Planning Director on behalf of City>'of en, a Colorado unicipal corporation, pursuant to the authorit et fort in Section 7-907A of the Aspen Land Use Code. Witness my hand an fficial s 1. My commissi expires: /644/97 90::*L <3Â£%~1 4. Notary;*blic . -4- . 0 8 /9 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 LA._ A Fle,R- 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- 0 0 %40 STATE OF (0 lerUD COUNTY OF Ur~____ V i SS. The foregoing instrument was acknowledged before me this ' rt,L i v day of c /l~WH , 1989, by Neal Myers as President of Aspen Chance, Inc. , aJI'exas corporation. Witness my hand and official seal. My commission expires: 9 (16/B I 'AA/JUV\6-- Al,L 0961, 2 Notary Public STATE OF NEW HAMPSHIÂ¥ ) SS. COUNTY OF ROCKINGHAMj The foregoing instrument was acknowledged before me this /7 0-4 day of ft 1 a-,{. , 1989, by Michael D. Dingman as Trustee of American Red Oak 5'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: /27#6299 2Â»44.14 < 4.Â£6+ Notary Pidblic -5- ctb:a16878017a 0 0 101 STATE OF \~rjinla/. ) ) SS. COUNTY OF Loudou. ) The foregoing instrument was acknowledged before me this / 7%-6 day of May, 1989 by Bertram R. Firestone as owner of Lot 5. Witness my hand and official seal. My commission expires: A b. 2.0, 0923 0.1 i tfluncij i 2 li--L,t~~~~*~_ ~. -6- ctb:a16878017a .. 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 ) 4 day of May, 1989 by Kerry Dunn as general partner of Lot 1 Development Partnership, a Colorado general partnership. Witness my hand and offici_al seal. My commission expires: 5 )14192J 4~-0-(2*.iLL) Notary Pub.~ic / < -6- ctb:a16878017a 0 *9 d 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 ) ) SS. COUNTY OF CHEROKEE ) 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 : 10-19-92 *M p*liev / Wru, V -6- ctb:a16878017a .. ASPEN - CHANCE, INC. March 30, 1989 Mr. Tom Baker City/County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Lots 6 and 7, Aspen Chance Subdivision Dear Mr. Baker: The purpose of this letter is to notify you that we have authorized Charles T. Brandt of the law firm of Holland & Hart, Aspen, Colorado, to act on our behalf with respect to the following: 1. Apply for and prosecute an application with the City of Aspen to Amend the P.U.D. and Subdivision Agreement for Aspen Chance Subdivision with respect to the allocation of Floor Area Square Footage on Lots 6 and 7; 2. Effectuate the transfer, via the foregoing Amendment, of approximately 1,593 square feet presently allocated to Lot 6, but unused, to Lot 7 as part of the exchange of these two lots by their respective owners. Sincerely, Aspen Chance, Inc. H.CT. M,0Fs, President 1201 Louisiana â€¢Suite 3150â€¢Houston, Texas 77002 â€¢ 713/655-1800 .. MICHAEL D. DINGMAN 81 FRONT STREET EXETER, NH 03833 March 30, 1989 Mr. Tom Baker City/County Planning Office 130 South Galena Street Aspen, CO 81611 Re: Lots 6 and 7, Aspen Chance Subdivision Dear Mr. Baker, The purpose of this letter is to notify you that we have authorized our attorney, Charles T. Brandt of the law firm of Holland & Hart, Aspen, Colorado, to act on our behalf with respect to the following: 1. Apply for and prosecute an application with the City of Aspen to Amend the P.U.D. and Subdivision Agreement for Aspen Chance Sub- division with respect to the allocation of Floor Area Square Footage on Lots 6 and 7; 2. Effectuate the transfer, via the foregoing Amendment, of approximately 1,593 square feet presently allocated to Lot 7 as part of the exchange of these two lots by their respective owners. Sincerely, American Red Oak Trust 1 By Â·. V UNL/I d' w 1 - WMichael D. Ding;trM' * Trustee MDD:mal .. THIRD AMENDMENT TO P.U.D. AND SUBDIVISION AGREEMENT FOR ASPEN CHANCE SUBDIVISION This Third Amendment is made this day of , 1989, by and between the City of Aspen, Colorado, a Colorado municipal corporation ("City"), Aspen Chance, Inc., a Texas corporation ("Aspen Chance") and American Red Oak Trust ("Red Oak"). RECITALS: 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. .. WITNESSETH: ---------- 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 1, n 11 D , 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- .. 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 CITY OF ASPEN, a Colorado municipal corporation By: City Attorney 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 Partnership, a Colorado general partnership By: -3- . 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 Ri-chman, 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- .. STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1989, by Neal Myers as President of Aspen Chance, Inc., a Texas corporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1989, by Michael D. Dingman as Trustee of American Red Oak Trust, owner of Lot 6. Witness my hand and official seal. My commission expires: Notary Public -5- ctb:a16878017a