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HomeMy WebLinkAboutcoa.lu.ex.Green Family Trust Subdivision TO: FROM: RE: DATE: - ....., -""",- -- MEMORANDUM Aspen City Council Colette Penoe, Planning Office Green Family Trust - Subdivision Exemption June 27, 1983 APPROVED AS TO FORM:~~ Location: Zoning: Applicant's Request: Referral Comments: Planning Review: Council Action: 105 W. Hyman - Eagle's Nest Condominiums. R-MF with an RBO overlay. Subdivision exemption for the purpose of amending a condominium map to show additional parking spaces. No comments were received from the City Attorney. The City Engineering Department points out that these parking spaces are located over the sunken patio yard for the employee units. The original patio construc- tion required these to extend beyond the property line onto the City right-of-way. The constructed parking as shown would reduce the patio size within the property. Office This subdivision exemption is being requested pursuant to Section 20-19(b) of the Municipal Code. Ordinance 16, Series of 1983 3.11ows this to be a one-step process before Council. When this duplex requested exemption from GMP for two employee units, two additional parking spaces were required. When the structure fit the classification of a duplex, stacked parking was allowed. With the additional employee units, its classification became a multi-family structure and stacked parking is no longer allowed. Considering that the two new spaces would eliminate the sunken patio, "yard" spaces of the employee units, a compromise of the requirement for parking was reached. The parking spaces are being indicated on the condo- minium map through this exemption process. The condo- minium documents have also been revised to provide a commitment to build the additional spaces if required by a subsequent purchaser. This was the condition of approval in the earlier RBO (Residential Bonus Overlay) action by Council. This subdivision exemption is merely carrying out that condition and the Planning Office recommends approval of this request. If Council concurs with the Planning Office recommendation, the appropriate motion is: "I move to approve subdivision exemption for the addition of two designated parking spaces on the Eagle's Nest Condominiums map and the commitment to construct them in the condominium documents and that these revised documents be recorded within 90 days of this action." ,,~-.. P.O. Box 284 New London, CT 06320 May 5, 1982 ;,;.::~ W ~-:"~~~;;.~'~;-'-~;::-7) j ~ i " r- 'j ~--) : ~ 1__\.0.. Aspen Planning and Zoning Commission 130 S. Galena Street Aspen, Colorado 81611 . ,'~ RE: Eagle's Nest Condominium - Rezoning to Residential Bonus Overlay I hereby petition the Planning and Zoning Commission to reject the request of the Green Family;trust for a rezoning request for a Residential Bonus Overlay and an exemption from GMP for employee units for the following reasons. These units were built in clear violation of EXisting codes and arean imposition to the neighborhood. The inability to sell part of this oversized building at a decent profit should not be alleviated or rewarded now by further disregard for laws and regu- lations of Aspen as well as imposing additional hardships on the neighbors. I hereby this building attorney with 1. 2. 3. request that the legality of the original construction be re-evaluated by an impartial building inspector and respect to Set Back Requirement Height Floor Plan of town A request for this study was made in July 1981 which to my knowledge was never honored. It is rather curious that a request of this nature be made at this time by the Green Trust, that is during the mud season when few, if any, interested neighbors are in Aspen to protect their property rights. If outright rejection is not made by the Planning Commission of the Green request, then the very least should be a 90 day postponement to allow the neighborhood to organize a reasonable opposition to the Green request. Please enter this request into the minutes of the meeting, as well as reading it aloud at the official meeting. 2F 647 Pequot Avenue New London, COIUlecticut 06320 May 9, 1982 ]19).~aji"" r", 1 m, MAY j 3198~ i ~ AS.PEN I ~ITKIN co. PGA'NNfNGOFF/CE Aspen Planning and Zoning Commission 130 S. Galena Street Aspen, Colorado 81611 Attn.: Olof Hedstrom , Chaiman Aspen Planning and Zoning Committee HE: Eagle's Heat Condominiums - Rezoning to :iesidential Bonus Overlay I wish to go on record in the minutes of the May 18 public hearing of the Aspen Planning and Zoning Co~aission as being opposed to ~~e application from the Green Family Trust for a rezoning request for a lesidential Bonus Overlay and a request for an exemption from G:-lP for employee units. '!he Green Family Trust. and this specific piece of property was the subject of much opposition from neighbors this past su-'1l!IIer. I personally appeared before City Council representing myself and the Cotton;roods Condominium Association, my contention being that the Green property lofas ill violation of the law on at least three accounts - setback, height, and floor area ratio.. In spite of assurance from Mayor Edel and the former building cOllllnisioner, Herb Paddock, that I would have the information I requested "by 8:00 a.m. the next morning", I spent the rest of the sunnner tI"ji.1'lg to get the figures I had requested. The very last hour of my last day I received papers from Atty. Taddune's office containing much miscellaneous information, but still lacking the figures I had requested, particularly in the area of set back.' I am requesting that Planning and Zoning look back in the records and recall the amount of opposition that existed re the Green property, which now apparently goes under the name of Eagle'S Nest Condominiums - a rather appropriate na~e, I might add, given the extreme height of the buildingl In my opinion it would be unconscionable for the Flanning & Zoning Commission to permit yet more zoning infractions or changes to this same property - at the very least it appears to be another instance on the Aspen building scene of building first, approve later. The timing of the Green request is indeed clever since it is off-season and probably few locals loTill be in town for the public hearing. If for any reason the Green Family Trust request is not rejected outright by P&Z then there should at least be a 90 day postponement to permit the neighborhood time to present their opposition. It is my hope that the present Planning' and Zoning Commission Hill act responsibly in this matter - having permitted too many violations and/or changes on'this same property in the past - and will den;y the request of the Green Fa:nily Trust. Please enter this letter in the minutes of the May 18 meetL'lg, as well as reading it aloud at the official meeting. Sincerely yours, ~_. Pu-itl s:eit t;~' / N1:t..-i-- Eliza6eth G. Traggis tJ t .. '" " ." ''I, ! , , . , . ASPEN/PITKIN PLANNI~jG OFFICE . 130 South Galena Street Aspen, Colorado 81611 (303) 925.2020 LAND USE APPLICATION FEES --' City 00113 . 63721 .47331 . 52100 GMP/CONCEPTUAL 63722 . 47332 . 52100 GMP/PRE lIMINARY 63723 . 47333 . 52100 GMP/FINAL 63724 .47341 . 52100 SUB/CONCEPTUAL 63725 . 47342 . 52100 SUB/PRELIM INARY 63726 . 47343 . 52100 SUB/FINAL 63727 . 47350 . 52100 EXCEPT/EXEMPTION 63728 . 47350 . 52100 REZONING 63729 .47360 . 52100 SPECIAL REVIEW /'/((: .' SUB.TOTAL County 00113 . 63711 . 47331 . 52200 GMP/GENERAL 63712 . 47332 . 52200 GMP/OETAILEO 63713 . 47333 . 52200 GMP/FINAL 63714 .47341 . 52200 SUB/GENERAL 63715 . 47342 . 52200 SUB/OET AI LEO 63716 . 47343 . 52200 SUB/FINAL 63717 . 47350 . 52200 SPECIAL REVIEW 63718 . 47350 . 52200 REZONING 63719 . 47360 . 52200 SPECIAL APPROVAL SUB.TOTAL PLANNING OFFICE SALES 00113 63061 . 09000 . 52200 COUNTY CODE 63063 . 09000 . 52200 ALMANAC 63062 . 09000 . 00000 GMP 63066 . 09000 . 00000 COPY FEES 63069 . 09000 OTHER SUB.TOTAL "'-- 'J _ TOTAL i([€) , - Name: Address: . i,l . .) IrI' /f ell! / I i; Sf lr, I)c. '- . /- .' ~'I"'.;l_,'e'l i I /1 f -., -/ ;'1 '-./"'; Phone: ) ~)/) - /-< I~:-, Project: ~'~j-f'P/} {:"fi"l.'lil )' >.-II_~'T ?~}_I://, Date: r - ~j _':":; _ ~-.:.:' No. of Hours: Check No. Additional Billing: .....',...'"' , ......-.... " .JOII:"i 'TIIO.\I AS J( I';LLY ATTORNEY AT LAW POST OFFICE BOX 1109 117 SOUTH SP~ING STREET ASPEN, COLOR~DO 8161 1 TELEPHONE (303) 828-1218 May 12, 1983 Ms. Colette Penne Aspen Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Re: Green Family Trust RBO Dear Colette: Since the enactment of Ordinance No. 16 (series of 1983) which amends certain provisions of Section 20-19 of the Municipal Code, it is now appropriate that application be made to complete this matter. As you will remember, when City Council passed Ordinance No. 39 there were four requirements set by Council to the RBO approval. I will address each of these in order: 1. Modification of condominium documents to indicate commitment to provide additional parking. Attached is an Amendment to the Condominium Declaration calling for compliance with the ordinance and also a copy of the amended condominium map showing the two additional parking places. I believe these to be self-explanatory, but please contact me if you have questions. Since it is current policy to require a subdivision exception to make any amendment to a plat, I have also attached a formal request pursuant to Ordinance No. 16 (series of 1983). Finally, I have enclosed my check for $ 2. License Agreement. The Council also required that we execute a standard License Agreement with the City. Attached is a draft for your and Gary Esary's review. 3. Declaration of Covenants. The Council required execution of a Statement of Subdivision Exception (I am not sure why) and Declaration of Covenants and Restrictions. Again, I have enclosed drafts for your and Gary's review. 4. R1 Occupancy Standards. The final requirement was an occupancy requirement of the unit to R-1 Occupancy Standards. This, I assume, will be handled by the Building Department as a requirement for issuance of a permit. Colette Penne r- Aspen Pitkin Pla~ing Office May 12, 1983 Page 2 "~,." >..c.,." If you have any questions or comments, please contact me. Yours very truly, John Thomas Kelly JTK/jeo enc. cc: Elizabeth Green I""" '-' " " SUPPLEMENTAL CONDOMINIUM DECLARATION FOR EAGLE'S NEST CONDOMINIUMS (A Condominium) KNOW ALL MEN BY THESE PRESENTS WHEREAS, The Green Family Trust by Elizabeth Green, Trustee, and Nancy Green, Trustee (hereinafter collectively called "Declarant") has recorded its Condominium Declaration for the Eagle's Nest Condominiums in Book 419 at Page 879 of the records of Pitkin County, Colorado, and WHEREAS, Declarant is the sole owner of all of the units in the Eagle's Nest Condominiums, and WHEREAS, Declarant desires to amend and supplement said Condominium Declaration; NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, conditions, obligations and additions are made a part of and incorporated into the Condominium Declaration for Eagle's Nest Condominiums recorded in Book 419 at Page 879 of the records of pitkin County, Colorado: 1. Exhibit. The attached Exhibit "A" is hereby incorporated into and made a part of the Condominium Declaration for Eagle's Nest Condominiums recorded in Book 419 at Page 879 and shall be the "Exhibit A" referred to in said declaration. 2. The following language is hereby added to Paragraph 5 ("INSEPARABILITY OF A UNIT") : "In the event of the construction of said employee units, the units shall be rented in the moderate income level and shall be subject to the restrictions, including, but not limited to, the commitment to provi~e two additional parking spaces, as contained in City of Aspen Ordinance No. 39 (Series of 1982) and Declaration of Covenants, Restrictions and Conditions executed pursuant to said ordinance." IN WITNESS WHEREOF, Declarant has duly executed this supplemental declaration this day of , 1983. GREEN FA}1ILY TRUST By: Nancy Green, Trustee By: Elizabeth Green, Trustee --" I"" """ ~.... , , EXHIBIT "A" Unit Percentage of common ownership Unit A 50% Unit B 50% Total 100% :~ ,"""" I"..., .., "" AGREEMENT THIS AGREEMENT made and entered into this day of , 1983, by and between the City of Aspen, pitkin County, Colorado, hereinafter referred to as "Aspen" and The Green Family Trust, hereinafter referred to as "Licensee". WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page also known as 105 West Hyman, Aspen, Colorado, WHEREAS, said property abuts the following described public right-of-way: Garmisch Street right-of-way, WHEREAS, Licensee desires to encroach upon said right-of-way approximately 4 to 8 feet parallel and adjacent to the property above described for the following purpose: Step structure and railroad tie cribbing WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which Aspen, in the exercise of its - ,..... " ,; discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days' written notice of its intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensee shall, at its expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its heirs, successors and assigns. -2- - """ IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO By: 11ayor ATTEST: Kathryn S. Koch, City Clerk -3- _ ~"~""",;;-.-,,.,=c;,,,... .._.;___ _._.,,_ - --._--~ . \ // . ".., '-e'/ -~ STATEMENT OF EXCEPTION FROM TilE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF THE ADDITION OF TWO EMPLOYEE UNITS TO TWO EXISTING CONDOMINIUMS WHEREAS, THE GREEN FAMILY TRUST, (hereinafter "Applicant"), is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map .ppearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of adding one employee unit to each of the two condominium units presently existing on the subject property (said building commonly known as Eagle's Nest Condominiums) , WHEREAS, the Aspen Planning and Zoning Commission at its meeting of November 8, 1982 determined that such exception would be appropriate and recommended that the same be granted, subject, however, to certain conditions; and WHEREAS, the City Council determined at its meeting of , 19___, that such exception was appropriate and granted same subject, however, to certain conditions; and WHEREAS, the property has been rezoned from R.M.F. to R.M.F./Residential Bonus Overlay pursuant to Ordinance No. 39 (Series of 1982), NOW, THEREFORE, the City Council of Aspen, Colorado, does determine that the owner's application for exception from the full subdivision process for the addition of one employee unit to each of the existing condominium units is proper because the owner's proposed addition of employee units is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process for such additional units; PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon (1) the applicant modify the condominiumization r--_, .- "-" ,/ documents to indicate a commitment to provide two additional parking spaces if a new owner of half the duplex requests them; (2) the applicant obtain an encroachment license for the existing encroachment into the Garmisch Street right-of-way; (3) the applicant meets the requirements for occupancy of the units to R-l occupancy standards. Dated this day of , 1983. Mayor APPROVED AS TO FORM: Paul J. Taddune, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of the Addition of Two Employee Units to Two Existing Condominiums was considered and approved by the Aspen City Council at its regular meeting held , 1983, at which time the Mayor, , was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk -2- .... , -' \, x ,- STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS TO AMEND A CONDOMINIUM PLAT WHEREAS, THE GREEN FAMILY TRUST (hereinafter "Applicant") is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of amending a previously approved condominium plat pursuant to section 20-19 as amended, Aspen Municipal Code, as amended; in order to comply with the requirements of the City of Aspen Ordinance No. 39 Series of 1982, WHEREAS, the City Council determined at its meeting of , 1983 that such exception was appropriate and granted the same subject, however, to certain conditions; NOW, THEREFORE, the City Council of Aspen, Colorado does determine that the owner's application for exception from the full subdivision process for the above-stated is proper because the owner's proposed amendment to a condominium plat is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process. Dated this day of , 1983. Mayor -, ~ ~,~ APPROVED AS TO FORM: Paul J. Taddune, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process to amend a Condominium Plat was considered and approved by the Aspen City Council at its regular meeting held , 1983, at which time the Mayor, , was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk ...... " 1"",,,, ~ DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE PROPOSED EMPLOYEE UNITS SITUATE IN THE EAGLE'S NEST CONDOMINIUMS THE GREEN FAMILY TRUST for itself and its representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the addition of one employee unit to each of the two existing condominium units described below hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property, as follows: 1. Covenantor is the owner of the following described property, together with the improvements located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page also known at 105 West Hyman, Aspen, Colorado. 2. The rental of any of the two employee units to be constructed on the above described property shall, when and if constructed, be in strict compliance with the moderate income guidelines as set forth in the Aspen Municipal Code. 3. The two (2) employee units to be located on the above described property shall and hereby are restricted to the moderate income rental guidelines as set forth in Ordinance 79 (Series of 1981) as amended. 4. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Eagle's Nest Condominiums, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or r ~, , , ff benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefor by the City, any improvement district formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, planting, curbs, gutters, sidewalks, street lights, etc.) in the area of the Eagle's Nest Condominiums or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 5. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above described property or any part thereof, and their representatives, successors and assigns, for the period of the life of the longest-lived member of the presently constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years, whichever period is less, from the date these covenants are recorded. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this day of , 1983. THE GREEN FAMILY TRUST By: Nancy Green, Trustee By: Elizabeth Green, Trustee -2- , ,.... --. - " ,'# STATE OF S5 COUNTY OF The foregoing day of Green, Trustees of instrument was acknowledged before me this , 1983 by Nancy Green and Elizabeth The Green Family Trust. Witness my hand and official seal. My Commission expires: Notary Public Address: -3- MEMORANDUM DATE: Colette Penne, Planning Office Louis Buettner, Engineering Departmen~ June 2, 1983 TO: FROM: RE: Green Family Trust (RBO) ---------------------------------------------------------- This application is to change the existing condominium plat by adding 2 parking spaces for "RBO" requirement. These parking spaces are located over the sunken patio yard for the lower units. The original patio construction required these to extend beyond the property line onto the City right-of-way. The constructed parking as shown would reduce the patio size within the property. The Engineering Department feels that the 2 parking spaces should be constructed and not only shown on the plat, but if the spaces are not constructed at this time, the parking code requirement will be cercumvented. When the development on a parcel of land is so great as to deny the compliance with the code, then additional development should be denied. LB/co - '-- '""", ,....#' MEMORANDUM To: City Attorney City Engineer Planner: Colette Penne Re: Green Family Trust RBO Date: May 23, 1983 Attached is a letter of application for RBO approval of the Eagle's Nest Condominiums. The applicant has addressed the four requirements established by Ordinance 39 set by Council for RBO approval. Please review the materials and return your comments to the Planning Office no later than June I as the matter will be presented at the June 13 City Council meeting. , '---\ " Thank you. ./ I -,,~,,-;,,-'" "-"'..-"..,---.. , JOHN THOMAS KELLY ATTORNEY AT LAW POST OFFICE BOX 1109 117 SOUTH SPRING STREET ASPEN, COLORADO 8161 1 TELEPHONE (3031 925-1216 May 12, 1983 Ms. Colette Penne Aspen Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Re: Green Family Trust RBO Dear Colette: Since the enactment of Ordinance No. 16 (series of 1983) which amends certain provisions of Section 20-19 of the Municipal Code, it is now appropriate that application be made to complete this matter. As you will remember, when City Council passed Ordinance No. 39 there were four requirements set by Council to the RBO approval. I will address each of these in order: 1. Modification of condominium documents to indicate commitment to provide additional parking. Attached is an Amendment to the Condominium Declaration calling for compliance with the ordinance and also a copy of the amended condominium map showing the two additional parking places. I believe these to be self-explanatory, but please contact me if you have questions. Since it is current policy to require a subdivision exception to make any amendment to a plat, I have also attached a formal request pursuant to Ordinance No. 16 (series of 1983). Finally, I have enclosed my check for $ "t'(,~. D'lJ 2. License Agreement. The Council also required that we execute a standard License Agreement with the City. Attached is a draft for your and Gary Esary's review. 3. Declaration of Covenants. The Council required execution of a Statement of Subdivision Exception (I am not sure why) and Declaration of Covenants and Restrictions. Again, I have enclosed drafts for your and Gary's review. 4. Rl Occupancy Standards. The final requirement was an occupancy requirement of the unit to R-l Occupancy Standards. This, I assume, will be handled by the Building Department as a requirement for issuance of a permit. ",'><-'" Colette Penne ....... Aspen Pitkin Planning Office May 12, 1983 Page 2 If you have any questions or comments, please contact me. 7/U1Y, John Thomas Kelly JTK/jeo enc. cc: Elizabeth Green ,_. - SUPPLEMENTAL CONDOMINIUM DECLARATION FOR EAGLE'S NEST CONDOMINIUMS (A Condominium) KNOW ALL MEN BY THESE PRESENTS WHEREAS, The Green Family Trust by Elizabeth Green, Trustee, and Nancy Green, Trustee (hereinafter collectively called "Declarant") has recorded its Condominium Declaration for the Eagle's Nest Condominiums in Book 419 at Page 879 of the records of pitkin County, Colorado, and WHEREAS, Declarant is the sole owner of all of the units in the Eagle's Nest Condominiums, and WHEREAS, Declarant desires to amend and supplement said Condominium Declaration, NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, conditions, obligations and additions are made a part of and incorporated into the Condominium Declaration for Eagle's Nest Condominiums recorded in Book 419 at Page 879 of the records of Pitkin County, Colorado: 1. Exhibit. The attached Exhibit "A" is hereby incorporated into and made a part of the Condominium Declaration for Eagle's Nest Condominiums recorded in Book 419 at Page 879 and shall be the "Exhibit A" referred to in said declaration. 2. The following language is hereby added to Paragraph 5 (" INSEPARABILITY OF A UNIT") : "In the event of the construction of said employee units, the units shall be rented in the moderate income level and shall be subject to the restrictions, including, but not limited to, the commitment to provi~e two additional parking spaces, as contained in City of Aspen Ordinance No. 39 (Series of 1982) and Declaration of Covenants, Restrictions and Conditions executed pursuant to said ordinance." IN WITNESS WHEREOF, Declarant has duly executed this supplemental declaration this day of , 1983. GREEN FAMILY TRUST By: Nancy Green, Trustee By: Elizabeth Green, Trustee .... "*f^'" EXHIBIT "An unit Percentage of common ownership Unit A 50% Unit B 50% Total 100% c :) JOHN THOMAS KELLY ATTORNEY AT LAW POST OFFICE BOX 1109 117 SOUTH SPRING STREET ASPEN, COLORADO 8161 1 TELEPHONE (303) 925.1218 May 12, 1983 Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Gary S. Esary, Assistant City Attorney 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: Request for subdivision exception for amendment of plat Ladies and Gentlemen: This is an application on behalf of my client, The Green Family Trust, for an exception from the Full Subdivision Process to amend a previously recorded Plat, pursuant to Section 20-19 as recently amended by Ordinance No. 16 (Series of 1983). The purpose of this application is simple. When Council approved Ordinance No. 39 (Series of 1982) rezoning the property from R.M.F. to R.M.F./R.B.O., Council required that the condominium documents be amended to indicate a commitment to provide two additional parking spaces. It is the City Attorney's opinion that this requires a subdivision exception since it modifies the existing plat; hence the application. This matter is clearly within the purview of newly enacted Ordinance No. 16 as it is merely compliance with a requirement (designation of additional parking) required by Council and is, therefore, clearly not within the intents and purposes of the subdivision regulations. I have attached a copy of the amended Plat for your review. Yours very truly, John Thomas Kelly Attorney for The Green Family Trust JTK/jeo enc. !"" - " . ..1 .JOII:"J r-rIlOM,\S KELLY ATTORNEY AT LAW POST OFFICE BOX 1109 117 SOUTH SPRING STREET ASPEN, COLORADO 8161 1 TELEPHONE (303J 92!5-121e May 12, 1983 Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Gary S. Esary, Assistant City Attorney 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: Request for subdivision exception for amendment of plat Ladies and Gentlemen: This is an application on behalf of my client, The Green Family Trust, for an exception from the Full Subdivision Process to amend a previously recorded Plat, pursuant to Section 20-19 as recently amended by Ordinance No. 16 (Series of 1983). The purpose of this application is simple. When Council approved Ordinance No. 39 (Series of 1982) rezoning the property from R.M.F. to R.M.F./R.B.O., Council required that the condominium documents be amended to indicate a commitment to provide two additional parking spaces. It is the City Attorney's opinion that this requires a subdivision exception since it modifies the existing plat; hence the application. This matter is clearly within the purview of newly enacted Ordinance No. 16 as it is merely compliance with a requirement (designation of additional parking) required by Council and is, therefore, clearly not within the intents and purposes of the subdivision regulations. I have attached a copy of the amended Plat for your review. Yours very truly, John Thomas Kelly Attorney for The Green Family Trust JTK/jeo enc. . _:- . c - - .loll.'\i TlIO~AS KI':LLY ATTORNEY AT LAW ~OST OFFICE BOX 1109 117 SOUTH SF-RING STREET ASPEN, COLORADO 8161 1 TELEPHONE (303! 82!5+1218 May 12, 1983 Aspen/pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Gary S. Esary, Assistant City Attorney 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: Request for subdivision exception for amendment of plat Ladies and Gentlemen: This is an application on behalf of my client, The Green Family Trust, for an exception from the Full Subdivision Process to amend a previously recorded Plat, pursuant to Section 20-19 as recently amended by Ordinance No. 16 (Series of 1983). The purpose of this application is simple. When Council approved Ordinance No. 39 (Series of 1982) rezoning the property from R.M.F. to R.M.F./R.B.O., Council required that the condominium documents be amended to indicate a commitment to provide two additional parking spaces. It is the City Attorney's opinion that this requires a subdivision exception since it modifies the existing plat; hence the application. This matter is clearly within the purview of newly enacted Ordinance No. 16 as it is merely compliance with a requirement (designation of additional parking) required by Council and is, therefore, clearly not within the intents and purposes of the subdivision regulations. I have attached a copy of the amended Plat for your review. Yours very truly, John Thomas Kelly Attorney for The Green Family Trust JTK/jeo enc. '", ... ,,~ ,-. ,~ .J()II:\' rrll(I.\t.\S KEI.I.Y ATTORNEY AT LAW POST OFFICE BOX 110~ 117 SOUTH SPRING STREET ASPEN, COLORADO B 1 61 1 TELEPHONE 1303) 0215-121" May 12, 1983 Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Gary S. Esary, Assistant City Attorney 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: Request for subdivision exception for amendment of plat Ladies and Gentlemen: This is an application on behalf of my client, The Green Family Trust, for an exception from the Full Subdivision Process to amend a previously recorded Plat, pursuant to Section 20-19 as recently amended by Ordinance No. 16 (Series of 1983). The purpose of this application is simple. When Council approved Ordinance No. 39 (Series of 1982) rezoning the property from R.M.F. to R.M.F./R.B.O., Council required that the condominium documents be amended to indicate a commitment to provide two additional parking spaces. It is the City Attorney's opinion that this requires a subdivision exception since it modifies the existing plat; hence the application. This matter is clearly within the purview of newly enacted Ordinance No. 16 as it is merely compliance with a requirement (designation of additional parking) required by Council and is, therefore, clearly not within the intents and purposes of the subdivision regulations. I have attached a copy of the amended Plat for your review. Yours very truly, John Thomas Kelly Attorney for The Green Family Trust JTK/jeo enc. ,....'" '-...... '" AGREEMENT THIS AGREEMENT made and entered into this day of , 1983, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and The Green Family Trust, hereinafter referred to as "Licensee". WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page also known as 105 West Hyman, Aspen, Colorado, WHEREAS, said property abuts the following described public right-of-way: Garmisch Street right-of-way, WHEREAS, Licensee desires to encroach upon said right-of-way approximately 4 to 8 feet parallel and adjacent to the property above described for the following purpose: Step structure and railroad tie cribbing WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which Aspen, in the exercise of its . discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days' written notice of its intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensee shall, at its expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its heirs, successors and assigns. -2- .., IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO By: t4ayor ATTEST: Kathryn S. Koch, City Clerk -3- ....... ,../ STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF THE ADDITION OF TWO EMPLOYEE UNITS TO TWO EXISTING CONDOMINIUMS WHEREAS, THE GREEN FAMILY TRUST, (hereinafter "Applicant"), is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map .ppearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of adding one employee unit to each of the two condominium units presently existing on the subject property (said building commonly known as Eagle's Nest Condominiums), WHEREAS, the Aspen Planning and Zoning Commission at its meeting of November 8, 1982 determined that such exception would be appropriate and recommended that the same be granted, subject, however, to certain conditions; and WHEREAS, the City Council determined at its meeting of , 19___, that such exception was appropriate and granted same subject, however, to certain conditions; and WHEREAS, the property has been rezoned from R.M.F. to R.M.F./Residential Bonus Overlay pursuant to Ordinance No. 39 (Series of 1982), NOW, THEREFORE, the City Council of Aspen, Colorado, does determine that the owner's application for exception from the full subdivision process for the addition of one employee unit to each of the existing condominium units is proper because the owner's proposed addition of employee units is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process for such additional units; PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon (1) the applicant modify the condominiumization r' , / documents to indicate a commitment to provide two additional parking spaces if a new owner of half the duplex requests them; (2) the applicant obtain an encroachment license for the existing encroachment into the Garmisch Street right-of-way; (3) the applicant meets the requirements for occupancy of the units to R-l occupancy standards. Dated this day of , 1983. Mayor APPROVED AS TO FORM: Paul J. Taddune, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of the Addition of Two Employee Units to Two Existing Condominiums was considered and approved by the Aspen City Council at its regular meeting held which time the Mayor, , 1983, at , was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk -2- .' STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS TO AMEND A CONDOMINIUM PLAT WHEREAS, THE GREEN FAMILY TRUST (hereinafter "Applicant") is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Condominium units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of amending a previously approved condominium plat pursuant to Section 20-19 as amended, Aspen Municipal Code, as amended; in order to comply with the requirements of the City of Aspen Ordinance No. 39 Series of 1982, WHEREAS, the City Council determined at its meeting of , 19B3 that such exception was appropriate and granted the same subject, however, to certain conditions; NOW, THEREFORE, the City Council of Aspen, Colorado does determine that the owner's application for exception from the full subdivision process for the above-stated is proper because the owner's proposed amendment to a condominium plat is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process. Dated this day of , 1983. Mayor APPROVED AS TO FORM: Paul J. Taddune, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process to amend a Condominium Plat was considered and approved by the Aspen City Council at its regular meeting held ' 1983, at which time the Mayor, , was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk ,-.. ...... DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE PROPOSED EMPLOYEE UNITS SITUATE IN THE EAGLE'S NEST CONDOMINIUMS THE GREEN FAMILY TRUST for itself and its representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the addition of one employee unit to each of the two existing condominium units described below hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property, as follows: 1. Covenantor is the owner of the following described property, together with the improvements located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page also known at 105 West Hyman, Aspen, Colorado. 2. The rental of any of the two employee units to be constructed on the above described property shall, when and if constructed, be in strict compliance with the moderate income guidelines as set forth in the Aspen Municipal Code. 3. The two (2) employee units to be located on the above described property shall and hereby are restricted to the moderate income rental guidelines as set forth in Ordinance 79 (Series of 1981) as amended. 4. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Eagle's Nest Condominiums, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or ~ benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefor by the City, any improvement district formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, planting, curbs, gutters, sidewalks, street lights, etc.) in the area of the Eagle's Nest Condominiums or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 5. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above described property or any part thereof, and their representatives, successors and assigns, for the period of the life of the longest-lived member of the presently constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years, whichever period is less, from the date these covenants are recorded. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this day of , 1983. THE GREEN FAMILY TRUST By: Nancy Green, Trustee By: Elizabeth Green, Trustee -2- . STATE OF ss COUN'I'Y OF The foregoing day of Greerl, Trustees of instrument was acknowledged before me this , 1983 by Nancy Green and Elizabeth The Green Family Trust. Witness my hand and official seal. My Commission expires: Notary Public Address: -3-