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HomeMy WebLinkAboutcoa.lu.ec.Lots K&L+N14'/W12'/LotM,Blk88.1982 ~ 9t!UK 4~6 ,~LL tHO 1-f7 L L STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION, EXEMPTION FROM THE GROWTH MANAGE- MENT PLAN FOR EMPLOYEE HOUSING UNITS, AND WAIVER, AFTER SPECIAL REVIEW, OF ANY REQUIREMENT FOR PARKING SPACES FOR SAID UNITS WHEREAS, Mountain Enterprises - 80B, Mountain Enterprises, Inc., a joint venture, (hereinafter "Applicant"), is the owner of a parcel of real property (and the improvements thereon) situated in the City of Aspen, pitkin County, Colorado, more particularly c"":l descrg,ed..eP w = a:o . Wa: _ zo ~ :eo <Ill ,.., roo:: .:r ''''>Cit~of 1-:- ""u and ~ z 0'") 0- '" ....'" == I- = ~ERmtS , applicant has requested an exception from the full follows: N M N <<:;" Lots K and L, and the North 14 feet of the West 12 feet of Lot M, Block 88, Aspen, County of Pitkin, State of Colorado, N subdivision process for the purpose of condominiumizing the build- ing on the subject property (said building commonly known as the Tom Thumb Building Condominiums) and for an exemption from the Growth Management Plan for the three employee housing units con- tained therein, and a waiver, after special review, of any requirement, pursuant to Section 24-4.1 et ~., Aspen Municipal Code, for parking spaces for the said employee units, and WHEREAS, the Aspen Planning and Zoning Commission at its meeting of January 19, 1982, determined that such exception, exemption and waiver would be appropriate and recommended that the same be granted, subject, however, to the conditions described hereinafter, and WHEREAS, the City Council determined at its meeting of Febru- ary 8, 1982, that the owner's requests for such exception, exemp- tion and waiver were appropriate and granted said requests, sub- ject, however, to the conditions described hereinafter, NOW, THEREFORE, the City Council of Aspen, Colorado, does determine that the owner's application for exception from the full subdivision process for the purpose of condominiumization of the Tom Thumb Building is proper because the owner's proposed condo- miniumization is not within the intents and purposes of the sub- division ordinance and hereby grants, for such reason, an excep- tion from the full subdivision process for such condominiumiza- tion, and , 9t!UK 428 ,M~ 611 further grants an exemption from the Growth Management Plan for the three employee housing units, and further grants a waiver, after special review, of any requirement for parking spaces for the said employee units, PROVIDED, HOWEVER, that the foregoing exception, exemption and waiver are expressly conditioned upon (1) the applicant's immediate recording with the pitkin County Clerk and Recorder that certain "Declaration of Covenants, Restrictions and Conditions for the Tom Thumb Building Condominiums", date~'t!I 81,-1982, a copy of which is attached hereto as Exhibit "A", and (2) the appli- cant's strict compliance with the provisions contained therein and all other conditions of approval on this matter set by City Co un- cil at its meeting of February 8, 1982. ,dtdL/ ~ Dated this ~~'~day of ~ 1982. !L#'/~ ~~ Hefman Edel, Mayor Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization and Exemption from the Growth Management Plan for Employee Housing Units and Waiver, after special review, of any requirement to Parking Spaces for those units was considered and approved by the Aspen City Council at its regular meeting held ~~Af ff , 1982, at which time the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. "\'i, , . . , -, "^C , ." ~ ,.~ .:; -t. -". ".-...'."'~\:;. . C( f} ,~. 1; : : ~ ..A/...\.~: ('>! ,.,:: . " ".,,:'-J". ",.,.....> 2 -. EXHIBIT "A" , OCIOK 428 ,!"CL 612 DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE TOM THUMB BUILDING CONDOMINIUMS MOUNTAIN ENTERPRISES - 80B, MOUNTAIN ENTERPRISES, INC., a joint venture (hereinafter "Covenantor"), for itself and its suc- cessors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of condominiumization and exemption from the Growth Management Plan for employee housing, and a waiver, after special review, of any requirements for parking for said housing, all with respect to the fOllowing-described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property, as follows: 1. Covenator is the owner of the following described pro- perty, together with the improvements (including a commercial structure) located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado: Lots K and L and the North 14 feet of the West 12 feet of Lot M, Block 88 City of Aspen, County of Pitkin, State of Colorado 2. The three (3) dwelling units located on the above- described property shall and hereby are restricted to use as employee housing as described in Section 24-11.4(b)(3) of the Municipal Code of the City of Aspen and to rental and sale terms and price guidelines and to occupancy limitations within "moderate income" housing el ig ibil ity guidel ines now establ ished by the City Council of the City of Aspen, or as such guidelines may from time- to-time be amended by the City Council. 3. The three (3) dwelling units located on the above- described property shall and hereby are restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all as defined in the Aspen Municipal Code, as amended. 4. 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 42);{ :Rio OCIOK u '1M u' J 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. 5. None of the covenants contained herein shall be released or waived in any respect during the period they are binding with- out 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 (Jd day of 9::-'~ ' 1982. MOUNTAIN ENTERPRISES - 80B, MOUNTAIN ENTERPRISES, INC., a venture STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing instrument~s acknowledged before me this ~~ day of ~""~~'--\ , 1982, by James Bagley, President of Mountain Enterprises - 80B, Mountain Enterprises, Inc., a joint venture. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public ''-.' ", \,,".,,' ,,". . . I , J ! ': ~ '-'.