HomeMy WebLinkAboutcoa.lu.ec.Potvin/Doremus Lot Split.1982-EC-04I%1^ CC'o DOREMUS/POTVIN LOT SPLIT
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Alice Davis, Planning Office
RE:
Potvin/Doremus Subdivision Exception - Lot Split
DATE:
October 5, 1982
Location:
Lots N, 0, P and Q, Block 43, Aspen Original Townsite
Zoning:
R-6
Lot Size:
12,000 square feet
Applicant's
Request:
The applicants are requesting a subdivision exception for a
lot split pursuant to Section 24-11.2(d) of the Code.
Referral
Comments:
The Engineering Department had the following comments regarding
the proposed lot split:
1. The plat should be amended to include the following:
a) A title of lot split;
b) Indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance
approval;
c) Clear indication of N, 0 and P, Q as separate owner-
ships; and
d) All approval and recordation certificates.
2. The lot split plat should be the standard required size of
24 inches by 36 inches for the purposes of tion.
�. Both parcels created should be require by covenant to
improvement district s ld one be crea
join a sidewalk %�
in the future. -----_ -_—
Planning Office
Review: The request for a lot split should be reviewed according to
Section 24-11.2(d) of the Code which allows a lot split as an
exception from GMP procedures, provided that:
1. The tract of land being divided has a pre-existing dwelling
unit, and
2. No more than two lots are created.
Our review shows that.a dwelling unit exists on Lot N and 0.
The two lots created by the lot split will each be approximately
6,000 square feet, conforming lots in the R-6 zone district.
A deck on the existing structure encroaches upon the required
side yard setback for Lots N and 0. The applicant has obtained
a*variance from the Board of Adjustment in order to allow this
deck to protrude into the setback after the lot split, provided
the owner of the new lot, John Doremus, agrees to restrict
development in his sideyard. The variance states that develop-
ment in Doremus' side yard is not allowed within 92 inches of
the property line running a length of 39.45 feet with this 39.45
feet centered on the center of the deck.
Potvin/Doremus Subdivision Exception e Lot Split
Page Two
October 5, 1982
Planning Office
Recommendation: The Planning Office recommends the approval of the
Potvin/Doremus Los Split provided the three recommendations
of the Engineering Department given in this memorandum are
met, and provided the requirements of the variance are
also met.
U
•
Approved as to form:
Office of the City Attorney, by,
ATTEST :
SPATIIMU OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF A "LOT SPLIT" AND FOR MAKING CHANGES TO A
RECORDED PLAT, ALL PURSUANT TO SECTION 20-19 OF THE
ASPEN MUNICIPAL CODE
WHEREAS, the applicant, John Doremus, who is the record owner of
Lots P & Q, Block 43, City and Townsite of Aspen, according
to the Subdivision Fxception Plat of Lots N & O - P & Q, recorded
December 16, 1982, in Plat Book 14 at Page 23, of the records of
the Clerk & Recorder of Pitkin County, Colorado
has applied for an exception from the full subdivision process for the
purpose of a "lot split" to enable him to convey an easement for an
encroachment to the owner of adjacent Lots R & S, covering a strip of land on
Lot Q along the Q-R lot boundary approximately 7 inches wide by 41 feet long,
and,
WHEREAS, through a survey error, the above encroachment was not shown
on the Subdivision Exception Plat mentioned above, and Doromus wishes to
amend the said plat to show the encroachment strip which is the subject of
the "lot split" mentioned in the preceding paragraph; and,
IiTEREAS, the Aspen City Council found that the said "lot split" and
amendment are so minor in kind and extent that all standards and requirements
of Chapter XX of the Municipal Code except the preparation of an exception
plat and review by City Council, would be redundant, serve no public purpose
and be unnecessary in relation to the land use policies of the City of Aspen
under the facts and circumstances presented in the application for this
exception, and found that, notwithstanding the exception, the proposed
subdivision would substantially comply with the design standards of Chapter
XX, and,
WHEREAS, the City Council at its meeting of April 2, 1984, based on the
above findings, determined that the applicant's request for such exception
was appropriate and granted said request,
THEREFORE, the City Council of Aspen, Colorado, does, by this
resolution, determine that the applicant's request for exception from the
full subdivision process for the purpose of a "lot split" and an amendment to
a recorded plat is proper and hereby grants an exception from the full
subdivision process for such "lot split" and plat amendment, pursuant to
Section 20-19 of the Aspen Municipal Code, as amended.
Dated this � day of April, 1984.
%-
r_.
William L. Stirling, Mayor
Kathryn S. Pldh, City Clerk
I, Kathryn S. Koch, do hereby certify that the foregoing SPATFAENT OF
EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF A "LOT ,SPLIT"
AND FUR MAKING CHANGES TO A RECORDED PLAT was considered and appr^ by the
Aspen City Council at its regular meeting held April 2, 1984, a�,,w�" •'im
the Mayor was authorized to execute the same on behalf of the ty;,Uf"Aspen:
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STATEMENT OF EXCEPTION FROM THE FULL SUBDI7iS10N 01
c) : .
PROCESS FOR THE PURPOSE OF A "LOT SPL4C tV
PURSUANT TO SECTION 20-19 OF THE ASPEN MUNICIPAL �E Co
rn �G GO
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WHEREAS, John Doremus, Dale Potvin and Sally Allen-Potvin
(hereinafter "Applicants"), are the owners of a parcel of real
property (and the improvements thereon) situated in the City of
Aspen, Pitkin County, Colorado, more particularly described as
follows:
Lots N, 0, P and Q, Block 43, Original Aspen Townsite,
City of Aspen, County of Pitkin, State of Colorado;
also described as being in the 300 block of West Bleeker Street,
Aspen, Colorado; and
WHEREAS, applicants have requested an exception from the full
subdivision process for the purpose of a "lot split" of the sub-
ject property, pursuant to Section 20-19 of the Aspen Municipal
Code; and
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of October 5, 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 at its meeting of October 25, 1982,
determined that the applicants' request for such exception was
appropriate and granted said request, subject, however, to certain
conditions (including compliance with the ruling of the Board of
Adjustment at its meeting of May 27, 1982);
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the applicants' request for exception from the full
subdivision process for the purpose of a "lot split" of the sub-
ject property is proper and hereby grants an exception from the
full subdivision process for such "lot split", pursuant to Section
20-19 of the Aspen Municipal Code, as amended;
PROVIDED, HOWEVER, that the foregoing exception of the
division of Lots N, 0, P and Q, Block 43, City and Townsite of
•
C�
BOOK 450 PAGE 80
Aspen, into two parcels, namely, Lots N and O, and Lots P and Q,
is expressly subject to the following conditions: (1) that the
exception plat of the lots be amended to include a title of "lot
split", an indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance approval,
clear indication of N and O and P and Q as separate ownerships,
and all approval and recordation certification; (2) that the lot
split plat be 24 inches by 36 inches, the standard for recording;
( 3 ) that both parcels created be required to covenant to join a
sidewalk improvement district should one be created in the future;
(4) that the requirements of the variance granted by the Board of
Adjustment [at its special meeting of May 27, 1982] be met; and
(5) that the protective covenants [required to satisfy condition
(3) above, and the variance requirements, which covenants are
found in Book 437 at Page 397 in the record of the Pitkin County
Clerk and Recorder] be filed in a form approved by the City
Attorney's office.
Dated this �' day of
William L. S
as to corm:
, 1983.
c
) " /
rling, Mayor
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
Purposes of a "lot split" was considered and approved by the Aspen
City Council at its regular meeting held October 25, 1982, at
PA
eaax 450 PAGE981
which time the Mayor was authorized to execute the same on behalf
of the City of Aspen. ►0 Y,,,
KathrynDS. Koch, City Cl�erk
STATE OF COLORADO
) ss.
County of Pitkin ) I t
The f egoing instrument was acknowledged before me this
day of , 1983, by William L. Stirling
as Mayor and dathryn S. Koch as City Clerk of the City of Aspen,
Colorado.
WITNESS MY HAND AND OFF CI, SEAL.
My commission expires:
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17) 1�ivllj Z&t' U-& c?��
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Recordod at PI.'3
Rocept'on 4
/ o'clock_TM., DEC 1 6 IaI12
Loretta dcnrer,W.in C .. Recorder
PROTECTIVE COVENANTS eOoK 437 ray 39~
WHEREAS, improvements were constructed upon Lot 0, by the owners of
Lot 0, Block 43, City and Townsite of Aspen, County of Pitkin, State of
Colorado (hereinafter referred to as "Lot 0"), and
WHEREAS, these improvements, as built, violate the "minimum sideyard"
requirements presently in effect in the City of Aspen, as set forth in
Sections 24=3.4 of the Aspen Municipal Code, and
WHEREAS, the owners of Lot 0 are desirous of maintaining those improve-
ments, and at the•same time, are desirous of dividing Lot 0 from Lot P, Block
43, City and Townsite of Aspen, County of Pitkin, State of Colorado (herein-
after referred to as Lot P"), and
WHEREAS, it is required as a condition for the exemption from the full
subdivision procedures, as defined in the Municipal Code for the City of Aspen,
that permission of the Board of Adjustment of the City of Aspen, in the form of
a variance, from the aforedescribed "minimum sideyard" requirements be obtained
for the maintenance of the above -described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen is desirous of
granting this variance upon the conditions that the owners of Lot 0 and Lot P
adopt covenants affecting Lot P which prohibits the construction of any type
of improvements upon certain portions of Lot P,
NOW, THEREFORE, the undersigned being the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, as a condition of the variance granted by the
City of Aspen Board of Adjustment on May 27 1982, hereby adopt
the following covenants for the benefit of the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, and for the benefit of the City of Aspen.
1. No Building. For such time as the deck exists on Lot 0, and for so
long as it violates the "minimum sideyard" requirements, on the boundary
between Lot 0 and Lot P, as defined in Section 24-3.4, of the Aspen Municipal
Code, in effect within the City of Aspen, or until such time as the written
consent of the Board of Adjustment and the owner of Lot 0, Block 43, City and
Townsite of Aspen, is given, or until such time as the ordinances in effect in
the City of Aspen are modified so that the aforementioned deck is no longer in
.1
•
0 N 43 `7
violation of any "minimum sideyard" requirements, there shall be no improve-
ments constructed on that portion of Lot P, Block 43, City and Townsite of
Aspen, more particularly described as follows:
Beginning at a point on the north westerly corner of Lot P,
and proceeding the full length of the westerly boundary of said Lot;
then proceeding easterly a distance of 5.00 feet along the South
boundary of Lot P; then northerly for 20.00 feet; then easterly for
2.67feet; then northerly for 39.45 feet; then westerly for 2.67 feet;
thence northerly 40.55 feet; thence westerly for 5.0 feet along the
northerly boundary line of Lot P, to the point of beginning, con-
taining approximately 605.33 square feet, more.o'r less,
(See Exhibit "A" attached and made a part of this Protective
Covenarit).
which would be in violation of any of the provisions of the Municipal Code
for the City of Aspen for sideyard setbacks. The consent of any party
including the City of Aspen, shall not be arbitrarily or unreasonably
withheld.
2. Enforcement and Remedies. These covenants may be enforced at any
time by the City.of Aspen, or by the Townsite of Aspen, or by the owner of
Lot 0, Block 43, City and Townsite of Aspen. These covenants shall be en-
forceable by proceedings for a prohibitive or mandatory injunction.
Damages shall not be deemed an adequate remedy for any violation, but in an
appropriate case, punitive damages may be awarded. The prevailing party in
any litigation shall also be entitled to its attorneys' fees and costs of
3. Amendment and Termination. These covenants shall continue to be in
full force and effect until January 1, 2005, and from year to year thereafter
until amended or terminated by recorded instrument executed by the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen, and by the Board of Adjust-
ment of the City of Aspen. Prior to January 1, 2005, these Protective Covenants
may be amended or terminated by recorded instrument executed by the record
owners of Lots 0 and P, Block 43, City and Townsite of Aspen, and by the Board
of Adjustment of the City of Aspen.
4. Paragraph Headings. The paragraph headings in this instrument are
for convenience only and shall not be considered in construing the restrictions,
covenants and conditions herein.
-2-
43 i 0 —_ 39'
5. Singular_* Plural. Wherever utilized *in, the singular shall
be deemed to include the plural, and the plural shall be deemed to include
the singular. Furthermore, wherever utilized herein the masculine shall be
deemed to include the feminine and the feminine shall be deemed to include
the masculine.
6. Waiver. Waiver or failure to enforce my restriction, covenant or
condition in these Protective Covenants shall not operate as a waiver of any
other restriction, covenant or condition.
7. 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 above -described pro-
perty, 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 above -described property 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.
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•
WUK 43 7 i'.�.,:_ 400
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and seals this day of 1982.
O�Y�N
le)otvin
Sai�ly All-en-Potvin
The foregoing instrument was acknowledged before me this day of
1982. John Doremus, Dale Potvin and Sally Allen Potvin
r: appeared before me personally.
My commission expires:
Witness my hand and official seal.
APPROVED AS TO FORM:
0(%A, T • TAM*, f l : �
Paul Taddune, City Attorn
for Aspen, Colorado
I1-5-90L
Notary Public
Notary Public
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SVPDlV SI0N EXCEPTION
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ASPEN. COLORA"J
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I . •
PROTECTIVE COVENANTS
Vt(e S-F),
WHEREAS, improvements were constructed upon Lot 0, by the owners of
Lot 0, Block 43, City and Townsite of Aspen, County of Pitkin, State of
Colorado (hereinafter referred to as "Lot 0"), and
WHEREAS, these improvements, as built, violate the "minimum sideyard"
requirements presently in effect in the City of Aspen, as set forth in
Sections 24=3.4 of the Aspen Municipal Code, and
WHEREAS, the owners of Lot 0 are desirous of maintaining those improve-
ments, and at the•same time, are desirous of dividing Lot 0 from Lot P, Block
43, City and Townsite of Aspen, County of Pitkin, State of Colorado (herein-
after referred to as Lot P"), and
WHEREAS, it is required as a condition for the exemption from the full
subdivision procedures, as defined in the Municipal Code for the City of Aspen,
that permission of the Board of Adjustment of the City of Aspen, in the form of
a variance, from the aforedescribed "minimum sideyard" requirements be obtained
for the maintenance of the above -described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen is desirous of
granting this variance upon the conditions that the owners of Lot 0 and Lot P
adopt covenants affecting Lot P which prohibits the construction of any type
of improvements upon certain portions of Lot P,
NOW, THEREFORE, the undersigned being the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, as a condition of the variance granted by the
City of Aspen Board of Adjustment on May 27 1982, hereby adopt
the following covenants for the benefit of the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, and for the benefit of the City of Aspen.
1. No Building. For such time as the deck exists on Lot 0, and for so
long as it violates the "minimum sideyard" requirements, on the boundary
between Lot 0 and Lot P, as defined in Section 24-3.4, of the Aspen Municipal
Code, in effect within the City of Aspen, or until such time as the written
consent of the Board of Adjustment and the owner of Lot 0, Block 43, City and
Townsite of Aspen, is given, or until such time as the ordinances in effect in
the City of Aspen are modified so that the aforementioned deck is no longer in
violation of any "minimum sideyard" requirements, there shall be no improve-
ments constructed on that portion of Lot P, Block 43, City and Townsite of
Aspen, more particularly described as follows:
Beginning at a point on the north westerly corner of Lot P,
and proceeding the full length of the westerly boundary of said Lot;
then proceeding easterly a distance of 5.00 feet along the South
boundary of Lot P; then northerly for 20.00 feet; then easterly for
2.67feet; then northerly for 39.45 feet; then westerly for 2.67 feet;
thence northerly 40.55 feet; thence westerly for 5.0 feet along the
northerly boundary line of Lot P, to the point of beginning, con-
taining approximately 605.33 square feet, more.oi less,
(See Exhibit "A" attached and made a part of this Protective
Covenarit).
which would be in violation of any of the provisions of the.Municipal Code
for the City of Aspen for sideyard setbacks. The consent of any party
including the City of Aspen, shall not be arbitrarily or unreasonably
withheld.
2. Enforcement and Remedies. These covenants may be enforced at any
time by the City.of Aspen, or by the Townsite of Aspen, or by the owner of
Lot 0, Block 43, City and Townsite of Aspen. These covenants shall be en-
forceable by proceedings for a prohibitive or mandatory injunction.
Damages shall not be deemed an adequate remedy for any violation, but in an
appropriate case, punitive damages may be awarded. The prevailing party in
any litigation shall also be entitled to its attorneys' fees and costs of
3. Amendment and Termination. These covenants shall continue to be in
full force and effect until January 1, 2005, and from year to year thereafter
until amended or terminated by recorded instrument executed by the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen, and by the Board of Adjust-
ment of the City of Aspen. Prior to January 1, 2005, these Protective Covenants
may be amended or terminated by recorded instrument executed by the record
owners of Lots 0 and P, Block 43, City and Townsite of Aspen, and by the Board
of Adjustment of the City of Aspen.
4. Paragraph Headings. The paragraph headings in this instrument are
for convenience only and shall not be considered in construing the restrictions,
covenants and conditions herein.
-2-
S. Singular —*Plural. Wherever utilized 10in, the singular shall
be deemed to include the plural, and the plural shall be deemed to include
the singular. furthermore, wherever utilized herein the masculine shall be
deemed to include the feminine and the feminine shall be deemed to include
the masculine.
6. Waiver. Waiver or failure to enforce my restriction, covenant or
condition in these Protective Covenants shall not operate as a waiver of any
other restriction, covenant or condition.
7. 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 above -described pro-
-perty, 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 above -described property 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.
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•
•
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and seals thisday of , 1982.
I
�y2
Doremus
aaletwin
Sally AY en--Potvin
The,foregoimg instrument was acknowledged before me this day of
At X_WI;ZA� , 1982. John Doremus, Dale Potvin and Sally Allen Potvin
r- -appeared before me personally.
Notary Public
My commission expires:
Witness my hand and official seal.
y Public
-4-
Lo
ALLEY
al
10' 1
LOT 0
I I LOT P
LOTKJ
a
LOI
BLEEKER STREET
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Ztlq
EXCEPTION
LOT SPLIT
LOTS N aO-LOTS PSQ
BLOCK 43
ASPEN, COLORADO
PROTECTIVE COVENANTS
WHEREAS, improvements were constructed upon Lot 0, by the owners of
Lot 0, Block 43, City and Townsite of Aspen, County of Pitkin, State of
Colorado (hereinafter referred to as "Lot 0"), and
WHEREAS, these improvements, as built, violate the "minimum sideyard"
requirements presently in effect in the City of Aspen, as set forth in
Sections 24=3.4 of the Aspen Municipal Code, and
WHEREAS, the owners of Lot 0 are desirous of maintaining those improve-
ments, and at the•same time, are desirous of dividing Lot 0 from Lot P, Block
43, City and Townsite of Aspen, County of Pitkin, State of Colorado (herein-
after referred to as Lot P"), and
WHEREAS, it is required as a condition for the exemption from the full
subdivision procedures, as defined in the Municipal Code for the City of Aspen,
that permission of the Board of Adjustment of the City of Aspen, in the form of
a variance, from the aforedescribed "minimum sideyard" requirements be obtained
for the maintenance of the above -described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen is desirous of
granting this variance upon the conditions that the owners of Lot 0 and Lot P
adopt covenants affecting Lot P which prohibits the construction of any type
of improvements upon certain portions of Lot P,
NOW, THEREFORE, the undersigned being the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, as a condition of the variance granted by the
City of Aspen Board of Adjustment on May 27 1982, hereby adopt
the following covenants for the benefit of the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, and for the benefit of the City of Aspen.
1. No Building. For such time as the deck exists on Lot 0, and for so
long as it violates the "minimum sideyard" requirements, on the boundary
between Lot 0 and Lot P, as defined in Section 24-3.4, of the Aspen Municipal
Code, in effect within the City of Aspen, or until such time as the written
consent of the Board of Adjustment and the owner of Lot 0, Block 43, City and
Townsite of Aspen, is given, or until such time as the ordinances in effect in
the City of Aspen are modified so that the aforementioned deck is no longer in
•
C�
violation of'any "minimum sideyard" requirements, there shall be no improve-
ments constructed on that portion of Lot P, Block 43, City and Townsite of
Aspen, more particularly described as follows:
Beginning at a point on the north westerly corner of Lot P,
and proceeding the full length of the westerly boundary of said Lot;
then proceeding easterly a distance of 5.00 feet along the South
boundary of Lot P; then northerly for 20.00 feet; then easterly for
2.67feet; then northerly for 39.45 feet; then westerly for 2.6.7 feet;
thence northerly 40.55 feet; thence westerly for 5.0 feet along the
northerly boundary line of Lot P, to the point of beginning, con-
taining approximately 605.33 square feet, more.or less,
(See Exhibit "A" attached and made a part of this Protective
Covenant).
which would be in violation of any of the provisions of the Municipal Code
for the City of Aspen for sideyard setbacks. The consent of any party
including the City of Aspen, shall not be arbitrarily or unreasonably
withheld.
2. Enforcement and Remedies. These covenants may be enforced at any
time by the City,of Aspen, or by the Townsite of Aspen, or by the owner of
Lot 0, Block 43, City and Townsite of Aspen. These covenants shall be en-
forceable by proceedings for a prohibitive or mandatory injunction.
Damages shall not be deemed an adequate remedy for any violation, but in an
appropriate case, punitive damages may be awarded. The prevailing party in
any litigation shall also be entitled to its attorneys' fees and costs of
3. Amendment and Termination. These covenants shall continue to be in
full force and effect until January 1, 2005, and from year to year thereafter
until amended or terminated by recorded instrument executed by the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen, and by the Board of Adjust-
ment of the City of Aspen. Prior to January 1, 2005, these Protective Covenants
may be amended or terminated by recorded instrument executed by the record
owners of Lots 0 and P, Block 43, City and Townsite of Aspen, and by the Board
of Adjustment of the City of Aspen.
4. Paragraph Headings. The paragraph headings in this instrument are
for convenience only and shall not be considered in construing the restrictions,
covenants and conditions herein.
-2-
5. Singular & Plural. Wherever utilized *in, the singular shall
be deemed to include the plural, and the plural shall be deemed to include
the singular. Furthermore, wherever utilized herein the masculine shall be
deemed to include the feminine and the feminine shall be deemed to include
the masculine.
6. Waiver. Waiver or failure to enforce my restriction, covenant or
condition in these Protective Covenants shall not operate as a waiver of any
other restriction, covenant or condition.
7. 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 above -described pro-
-perty, 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 above -described property 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.
-3-
0 •
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and' seals this (.% day of�. �� , 1982.
oIfn Doremus
r
ale P tvin �J
� t' 5 � z4eC{��- -/P. -- -
Sally Allen Votvin
The foregoing instrument was acknowledged before me this day of
,4/12jV 1982. John Doremus , Dale Potvin and Sally Allen Potvin
appeared before me personally.
Notary Public
My commission expires:
Witness my hand and official seal.
WL'T. AM-�Y
Paul Taddune, City Atto
for Aspen, Colorado
%Z-8-SZ
Notary Public
-4-
j
f
PROTECTIVE COVENANTS
WHEREAS, improvements were constructed upon Lot 0, by the owners of
Lot 0, Block 43, City and Townsite of Aspen, County of Pitkin, State of
Colorado (hereinafter referred to as "Lot 0"), and
WHEREAS,
these improvements, as built, violate the "minimum sideyard"
requirements
presently in effect in the City of Aspen, as set forth
in
Sections 24=3.4
of the Aspen Municipal Code, and
WHEREAS,
the owners of Lot 0 are desirous of maintaining those
improve-
Q"
ments, and at
the•same time, are desirous of dividing Lot 0 from Lot
P, Block
43, City and
Townsite of Aspen, County of Pitkin, State of Colorado
(herein-
after referred
to as Lot P"), and
WHEREAS, it is required as a condition for the exemption from the full
subdivision procedures, as defined in the Municipal Code for the City of Aspen,
that permission of the Board of Adjustment of the City of Aspen, in the form of
a variance, from the aforedescribed "minimum sideyard" requirements be obtained
for the maintenance of the above -described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen is desirous of
granting this variance upon the conditions that the owners of Lot 0 and Lot P
adopt covenants affecting Lot P which prohibits the construction of any type
of improvements upon certain portions of Lot P,
NOW, THEREFORE, the undersigned being the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, as a condition of the variance granted by the
City of Aspen Board of Adjustment on May 27 , 1982, hereby adopt
the following covenants for the benefit of the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, and for the benefit of the City of Aspen.
1. No Building. For such time as the deck exists on Lot 0, and for so
long as it violates the "minimum sideyard" requirements, on the boundary
between Lot 0 and Lot P, as defined in Section 24-3.4, of the Aspen Municipal
Code, in effect within the City of Aspen, or until such time as the written
consent of the Board of Adjustment and the owner of Lot 0, Block 43, City and
Townsite of Aspen, is given, or until such time as the ordinances in effect in
the City of Aspen are modified so that the aforementioned deck is no longer in
violation of any'"minimum sideyard" requirements, there shall be no improve-
ments constructed on that portion of Lot P, Block 43, City and Townsite of
Aspen, more particularly described as follows:
Beginning at a point on the north westerly corner of Lot P,
and proceeding the full length of the westerly boundary of said Lot;
then proceeding easterly a distance of 5.00 feet along the South
boundary of Lot P; then northerly for 20.00 feet; then easterly for
2.67feet; then northerly for 39.45 feet; then westerly for 2.67 feet;
thence northerly 40.55 feet; thence westerly for 5.0 feet along the
northerly boundary line of Lot P, to the point of beginning, con-
taining approximately 605.33 square feet, more or less,
(See Exhibit "A" attached and made a part of this Protective
Covenarit).
which would be in violation of any of the provisions of the Municipal Code
for the City of Aspen for sideyard setbacks. The consent of any party
including the City of Aspen, shall not be arbitrarily or unreasonably
withheld.
2. Enforcement and Remedies. These covenants may be enforced at any
time by the City of Aspen, or by the Townsite of Aspen, or by the owner of
Lot 0, Block 43, City and Townsite of Aspen. These covenants shall be en-
forceable by proceedings for a prohibitive or mandatory injunction.
Damages shall not be deemed an adequate remedy for any violation, but in an
appropriate case, punitive damages may be awarded. The prevailing party in
any litigation shall also be entitled to its attorneys' fees and costs of
the action.
3. Amendment and Termination. These covenants shall continue to be in
full force and effect until January 1, 2005, and from year to year thereafter
until amended or terminated by recorded instrument executed by the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen. Prior to January 1, 2005,
these Protective Covenants may be amended or terminated by recorded instrument
executed by the record owners of Lots 0 and P, Block 43, City and Townsite of
Aspen, and by the Board of Adjustment of the City of Aspen.
4. Paragraph Headings. The paragraph headings in this instrument are
for convenience only and shall not be considered in construing the restrictions,
covenants and conditions herein.
-2-
5. Singular 0 Plural. Wherever utilized hen, the singular shall
be deemed to include the plural, and the plural shall be deemed to include
the singular. Furthermore, wherever utilized herein the masculine shall be
deemed to include the feminine and the feminine shall be deemed to include
the masculine.
6. Waiver. Waiver or failure to enforce my restriction, covenant or
condition in these Protective Covenants shall not operate as a waiver of any
other restriction, covenant or condition.
7. 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 above -described pro-
perty, 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 above -described property 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.
-3-
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and seals this - � day of �oycmZc- , 1982.
J// n Doremus
v
ale twin
SallYAP tvin
lop/,Ow -
The foregoing instrument was acknowledged before me this p day of
1982.
6-
oarucNy I S�3
�,.. CO.,2-
My commission expires. Z� fC
Witness my hand and official seal.
CITY OF ASPEN,
BOARD OF ADJUSTMENT
APPROVED AS TO FORM:
Paul, Taddune, City Attorney
for Aspen, Colorado
Notary Public
-4-
PROTECTIVE COVENANTS
WHEREAS, improvements were constructed upon Lot 0, by the owners of
Lot 0, Block 43, City and Townsite of Aspen, County of Pitkin, State of
Colorado (hereinafter referred to as "Lot 0"), and
WHEREAS, these improvements, as built, violate the "minimum sideyard"
requirements presently in effect in the City of Aspen, as set forth in
Sections 24=3.4 of the Aspen Municipal Code, and
WHEREAS, the owners of Lot 0 are desirous of maintaining those improve-
ments, and at the -same time, are desirous of dividing Lot 0 from Lot P, Block
43, City and Townsite of Aspen, County of Pitkin, State of Colorado (herein-
after referred to as Lot P"), and
WHEREAS, it is required as a condition for the exemption from the full
subdivision procedures, as defined in the Municipal Code for the City of Aspen,
that permission of the Board of Adjustment of the City of Aspen, in the form of
a variance, from the aforedescribed "minimum sideyard" requirements be obtained
for the maintenance of the above -described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen is desirous of
granting this variance upon the conditions that the owners of Lot 0 and Lot P
adopt covenants affecting Lot P which prohibits the construction of any type
of improvements upon certain portions of Lot P,
NOW, THEREFORE, the undersigned being the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, as a condition of the variance granted by the
City of Aspen Board of Adjustment on May 27 1982, hereby adopt
the following covenants for the benefit of the owners of Lots 0 and P, Block
43, City and Townsite of Aspen, and for the benefit of the City of Aspen.
1. No Building. For such time as the deck exists on Lot 0, and for so
long as it violates the "minimum sideyard" requirements, on the boundary
between Lot 0 and Lot P, as defined in Section 24-3.4, of the Aspen Municipal
Code, in effect within the City of Aspen, or until such time as the written
consent of the Board of Adjustment and the owner of Lot 0, Block 43, City and
Townsite of Aspen, is given, or until such time as the ordinances in effect in
the City of Aspen are modified so that the aforementioned deck is no longer in
violation of any "minimum sideyard" requirements, there shall be no improve-
ments constructed on that portion of Lot P, Block 43, City and Townsite of
Aspen, more particularly described as follows:
Beginning at a point on the north westerly corner of Lot P,
and proceeding the full length of the westerly boundary of said Lot;
then proceeding easterly a distance of 5.00 feet along the South
boundary of Lot P; then northerly for 20.00 feet; then easterly for
2.67feet; then northerly for 39.45 feet; then westerly for 2.67 feet;
thence northerly 40.55 feet; thence westerly for 5.0 feet along the
northerly boundary line of Lot P, to the point of beginning, con-
taining approximately 605.33 square feet, more or less,
(See Exhibit "A" attached and made a part of this Protective
Covenarit).
which would be in violation of any of the provisions of the Municipal Code
for the City of Aspen for sideyard setbacks. The consent of any party
including the City of Aspen, shall not be arbitrarily or unreasonably
withheld.
2. Enforcement and Remedies. These covenants may be enforced at any
time by the City of Aspen, or by the Townsite of Aspen, or by the owner of
Lot 0, Block 43, City and Townsite of Aspen. These covenants shall be en-
forceable by proceedings for a prohibitive or mandatory injunction.
Damages shall not be deemed an adequate remedy for any violation, but in an
appropriate case, punitive damages may be awarded. The prevailing party in
any litigation shall also be entitled to its attorneys' fees and costs of
the action.
3. Amendment and Termination. These covenants shall continue to be in
full force and effect until January 1, 2005, and from year to year thereafter
until amended or terminated by recorded instrument executed by the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen. Prior to January 1, 2005,
these Protective Covenants may be amended or terminated by recorded instrument
executed by the record owners of Lots 0 and P, Block 43, City and Townsite of
Aspen, and by the Board of Adjustment of the City of Aspen.
4. Paragraph Headings. The paragraph headings in this instrument are
for convenience only and shall not be considered in construing the restrictions,
covenants and conditions herein.
-2-
5. Singular Ok Plural. Wherever utilized ban, the singular shall
be deemed to include the plural, and the plural shall be deemed to include
the singular. Furthermore, wherever utilized herein the masculine shall be
deemed to include the feminine and the feminine shall be deemed to include
the masculine.
6. Waiver. Waiver or failure to enforce my restriction, covenant or
condition in these Protective Covenants shall not operate as a waiver of any
other restriction, covenant or condition.
7. 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 above -described pro-
perty, 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 above -described property 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.
-3-
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and seals this o15�' day of ,oZle,,,g'u 1982.
( 4- -
J Doremus
I C1
ale otvin
Q�
Sally„P vin
I-A'14— -
The foregoing instrument was acknowledged before me this (� day of
1982.
of ry Public Irdx S`�3
/ CZA
My commission expires
Witness my hand and official seal.
CITY OF ASPEN,
BOARD OF ADJUSTMENT
APPROVED AS TO FORM:
Paul, Taddune, City Attorney
for Aspen, Colorado
Notary Public
-4-
•
0
PROTECTIVE COVENANTS
WHEREAS, improvements were constructed upon Lot O,
by the owners of Lot O, Block 43, City and Townsite of
Aspen, County of Pitkin, State of Colorado (hereinafter
referred to as "Lot O"), and
WHEREAS, these improvements, as b'uilt, violate the
"minimum sideyard" requirements presently in effect in
the City of Aspen, as set forth in Section 24-3.4 of the
Aspen Municipal Code, and
WHEREAS, the owners of Lot O are -desirous of main-
taining those improvements, and at the same time, are
desirous of dividing Lot O from Lot P, Block 43, City
and Townsite of Aspen, Countv of Pitkin, State of Colorado
(hereinafter referred to as "Lot P"), and
WHEREAS, it is required as a condition for the
exemption from the full subdivision procedures, as
defined in the Municipal Code for the City of Aspen, that
permission of the Board of Adjustment of the City of Aspen,
in the form of a variance, from the aforedescribed "minimum
sideyard" requirements be obtained for the maintenance of
the above described improvements on Lot O, and
WHEREAS, the Board of Adjustment of the City of Aspen
is -desirous of granting this variance upon the conditions
that the owners of Lot O and Lot P adopt covenants affecting
Lot P which prohibits the construction of any type of
improvements upon certain portions of Lot P,
NOW, THEREFORE, the undersigned being the owners of
ILots O and P, Block 43, City and Townsite of�APspen �ereby
�� 1 c'47 0 "!S-pf4' �
.�
�i
I .0
adopt the following covenants for the benefit of the owners of
lots O and P, Block 43, City and Townsite of Aspen, and for the
benefit of the City of Aspen.
jJ• Ot
.� •„' ,
No Building. For such time as the deck exists on Lot
�ery;� ,J eI
,and for so long as it violates the "minimum sideyard" require� ments, on the boundary between Lot 0 and Lot P, as deinfed in
Section 24-3.4, of the Aspen Municipal Code, in effect within
!I I the City of Aspen, or until such time as the written consent
of the Board of Adjustment and the owned J of Lot O, Block 43,
City and Townsite of Aspen 'is given, or until such time as the
i
ordinances in effect in the City of Aspen are modified so that
the aforementioned deck is no longer in violation of any
"minimum sideyard" requirements, there shall be no improvements
I
P i
d Iconstructed on that portion of Lot P, Block 43, City and Town- {
site of 'Aspen, more particularly described as follows:
V
t
VA
AC
Beginning at a point on the north westerly corner
of Lot P, and proceeding the full length of the westerly
boundary of said Lot; then proceeding easterly a distance
of 5.00 feet along the South boundary of Lot P; then
northerly for 25.00 feet; then easterly for 2.7 feet;
then northerly for 29.45 feet; then westerly for 2.75 feet;
thence northerly 38.22 feet; thence westerly for 5.0 feet
along the northerly boundary line of Lot P, to the point
of beginning, containing approximately 580.9875 square
feet, more or less -
which would be in violation of any of the provisions of the
Municipal Code for the City of Aspen. The consent of any party
including the City of Aspen, shall not be arbitrarily or un-
reasonably withheld. .
2. Enforcement and Remedies. These covenants may be
enforced at any time by the City of Aspen, or by the Town -
site of Aspen, or by the owner of Lot O, Block 43, City and
Townsite.of Aspen. These covenants shall be enforceable by
proceedings for a prohibitive or mandatory injunction.
0 i
Damages shall not be deemed an adequate remedy for any
violation, but in an appropriate case, punitive damages
may be awarded. The prevailing party in any litigation
shall also be entitled to its attorneys' fees and costs
of -the action.
3. Amendment and Termination. These covenants shall
to be in full force and effect until January 1,
E2ated
d from year to year thereafter until amended or
by,*Me �=t*I�!
_ , ZIC instrument executed by the =enand
ownsite f As
by the Board of Adjustment of the City of Aspen. r?m-±v=—
TMVUnMTrt=MT2ry be
amended or terminated by recorded instrument executed
by the record owners of Lots 0 and P, Block 43, City and
Townsite of Aspen, and by the Board of Adjustment of the
City of Aspen. 14*410k�
4. Paragraph Headings. The paragraph headings in
this instrument are for convenience only and shall not be
considered in construing the restrictions, covenants and
conditions contained herein.
5. Singular and Plural. Wherever utilized herein,
the singular shall be deemed to include the plural, and
the plural shall be deemed to include the singular.
Furthermore, wherever utilized herein the masculine shall
be deemed to include the feminine and the feminine shall
be deemed to include the masculine.
6. Waiver. Waiver or failure to enforce any
restriction, covenant or condition in these Protective
Covenants shall not operate as a waiver of any other
restriction, covenant or condition.
s -3-
9
• •
IN WITNESS WHEREOF, the undersigned have hereunto
set their hands and seals this day of ,1982.
JOHN DOREMUS
E P T
SALLY POTVIN
CITY OF ASPEN,
BOARD OF ADJUSTMENT -
By:
-4-
M
hereiescribed proeprty (wi.t}lo6 modification,
E�arafi-i�sa�.and-.�amarKimenis<•thi•n
the City's prior written consent, which consent
shall not be unreasonably withheld. For the pur-
pose of this provision, the City's prior written
consent (which will not be unreasonably withheld)
shall also be required if WILLIAM 14. LONDOFF,
General Partner of Covenantor,. or his estate, seeks
to sell, transfer, dispose of or convey such por-
tion of his personal interest in Covenantor that
he, WILLIAM M. LONDOFF_, or his estate, would cease
to have controlli:g interest in Covenantor.
5. The eighty (80j units shall be rented or sold only to
rsons "qualified", for employee housing, as defined in the Aspen
nicipal Code, -"as amended, and so identified and qualified by the
a ty Council f the City of Aspen or its designee, pursuant,. to the
ity-` then -existing qualification process for employee housing,
O
RECORD OF PROCEEDINGS 100 Leaves
FORM tE C. F. HOECKFI. R. 9.. L. CM
BOARD OF ZONING ADJUSTMENT REGULAR MEETING AUGUST 26, 1982
The Board of Zoning Adjustment held a regular meeting on August 26, 1982
at 4:00 PM in the Council Chambers of City hall. Remo Lavagnino called
the meeting to order with members Josephine Mann, Francis Whitaker,
John Herz and Charles Paterson present.
Remo Lavagnino skips the approval of the minutes until after the
OLD BUSINESS - Case 82-2 Dale Potvin.
Lavagnino reads a note from the secretary stating that the applicant
would like clarification from the Board of Adjustment regarding the
minutes of Case # R2-2.
Gary Esary,Assistant City Attorney, said that at the variance hearing for
Mr. Potvin, the Board granted a variance and then directed the applicant
to prepare protective covenant documents to be submitte-! to the City Attorney
for approval within sixt_; days. The documents were nrenared and done on
time and when Mr. Esary reviewed them it turned out that Mr. Potvin had a
different idea of what the Board meant. The applicant went bade to the
minutes and found ev4_dence for both SOS=tions so Mr. Esary is requesting
that the Board clarify it's ruling through: the minutes. Esary said that
as the Board probably recalls Per. Potvins house has a deck that sticks out
between property lines PhO. The Board essentially- grantcd a variance indi-
cating that if the adjoining property owner filed restrictive covenants
indicating that a five foot set -back maintain around the_ decl: for fire pro-
tection, and the filed restrictive covenants so that nothin^ could be built
on that n_roperty. When Mr. Potvin filed the restrictive covenants he
Provided for the 92 inch set back which annears to be fa=rly clear from
the minutes although there may be serve question on that, but it wasn't clear
whether the 92 inch block of the other lot that had to be preserved
was for the length of the deck or for length of the deck and five feet either
side.
Francis Whitaker said that is what the motion says.
Remo Lavagnino said length of the deck plus five feet on both sides.
Gary Esary said that what Mr. Whitakers motion said is 100 inches or the
length of the balcony plus five feet or more on either end. Esary said
that the second sentence in the minutes says that Whitaker said the set-
back on the Lot P be established for the length of the deck. Esary thinks
that the last two sentences are inconsistant, and the applicant is simply
here today for clarification.
Francis Whitaker said that it was his intent in the motion that the set-
back be the length of the deck plus five feet on either end. Whitaker said
that he probably failed to add that in those second few remarks.
Dale Potvin said that he would like to mention that he was very clear to
repeat what he thought was the understand;_r.g, which was that the 92 inches
was just for the length of the deck. Potvin said that there was discussion
that the deck wasn't going to be obstacle in terms of fire protection
and that the air and light and bulk and density was not really being
encroached upon or made a problem by the deck.
The Board and applicant discuss the plans.
Remo Lavagnino said that the reason the Board wants the set -back the way
it is, is so that th e applicant actually comes into compliance;
by not going five foot there, you are not in compliance because you are not
clearing this point to this point(Lavagnino points this out on the plans)
That was the intent of the Boards variance was to make the applicant come
into total compliance.
Gary Esary said that the area that is restricted on the other lot is
92 inches from property line to the new set -back and the deck, which is
29.45 feet in width, the restricted area is now 39.45 feet in width, with
the same center line. i
Dale Potvin said that he does not feel comfortable with that because he was
so clear to make sure that that is what they were talking about and you will
notice in the minutes twice, the phrase the length of the deck is stated.
Francis Whitaker said let's go back to the minutes. He reads what the motion
says and the discussion afterwards is not the motion. The motion was
made that it be the length of the deck plus five feet on either end.
- 2 -
• •
Charles Paterson said that there are two statements in the motion.
Whitaker said that he failed to add in, on either end, in the second state-
ment.
Gary Esary said that with all respect, Mr. Potvin is confusing contract
law with administrative law; what he thought, the meeting of the minds is
not important here, what he thought or what he attempted to make clear is
not important. The Board grants a variance, it does not contract a
variance, so whatever the Board decides has been done, has been done.
.We are here simply on the clarification on a re -argument. Esary said that
in purely practical terms he already has a 20 inch break and although in
most instances what two parties believe is important in this case it isn't.
Remo Lavagnino told the applicant he is sorry that he misunderstood what
the Boards intent was and that there is not any point in going any further
with discussion.
Gary Esary said that if the minutes have been approved then a motion, now
to resolve the conflict between the two statements in the minutes to
show the Boards clear intent.
Francis Whitaker moves, for the purpose of clarification,
was granted conditional upon the preparation of the proper
that the restrictive portion of the property on Lot P be 7
from the present property line
length of the deck.
Josephine Mann seconds.
Remo Lavagnio Aye
Josephine Mann Aye
Francis Whitaker Aye
John Herz Aye
Charles Paterson Aye
All in favor. Motion carried.
plus five feet on either en
that the variance
documents and
foot 8 inches
d after the
NEW BUSINESS
Case # 82-8 William C. Kurimay
Remo Lavagnino said that the variance requested structure is non -conforming
due to the FAR and as a Multi family structure in the R-6 zone.
Sec. 24-13.3 (a). No such non -conforming structure may be enlarged or altered
in a way which increases its non -conformities. Applicant appears to be re-
questing addition of 34 sq. ft. variance to enclose stairwell.
Lavagnino asked the applicant to expand on their request.
William Kurimay, here at the request of Dr. Robert Orr who owns a unit
and has contracted Kurimay to build in the proposed addition. Kurimay
said that basicly what this is, is a stairwell that leads down to the unit.
It is a structure that goes in the ground about four feet, he would like
to put an enclosure around it to protect it from the elements
primarily in the Winter; to reduce the ice hazard on the stairway and to
keep the area from filling up with snow. He would like to do this for
both convienience and safety. He does not think that this is an unreasonable
request in that it is already an existing structure, the stairwell itself
and the portion of the stairwell that would be counted as additional
square footage would only be 34 sq. ft. Part of the stairwell is already
covered by the roof, which is part of the existing structure. Kurimay
stated on the application that the proposed stair enclosure is justified
because 1) circumstances of subsequent zoning did not result from the actions
of the applicant, 2)such enclosure will not adversely affect the neighbor-
hood, 3) such enclosure does not alter use of the property, 4) such
enclosure greatly reduces- potential hazard and inconvenience to users
of Unit #5, 5) such enclosure represents an extention of existing existing
structure (4' retaining wall) enclosing the stairwell. Kurimay said that
Dr. Orr feels that the visual impact to the condominium project is minimal
in that it is between two buildings and barely visable from the street,
due to some shrub and the building next door. Kurimay said that the applicant!
has 100% approval from the owners of all the condominiums in the project.
Mr. Kurimay describes the plans to the -Board.
Remo Lavagnino feels that the safety and the hazard aspects of what Kurimay
is pertinent and that the Board may be able to act on that basis.
Lavagnino said that the Board is not concerned with asthetics of the project.
Francis Whitaker asked the applicant what the height would be?
Kurimay said that the applicant is required to have at least a 6 1/2 ft
minimum head clearance anyway and that it would be 7 to 8 feet high in that
front part and would be about 4feet high in the back.
Lavagnino closes the public portion of the meeting.
The applicant presents the sign that was posted, the affidavit, and the
photograph of the notice of public hearing sign.
ti
•
u
RECORD OF PROCEEDINGS 100 Leaves
FORM •.0 C. F. HOFCKFI. R. R. R I. lO.
BOARD OF ZONING ADJUSTMENT REGULAR MEETING AUGUST 26, 1982
3 _
John Herz said that it seems the Board can judge this variance on safety
because of the snow going down in there and Herz feels that it is a minimal
request.
Charles Paterson feels that this is a reasonable request and it doesn't
affect the neighborhood in any adverse way.
Josephine Mann said that she would be in favor of granting this because
it specifically says in the Boards powers and duties; #3 , where there are
practical difficulties and unnecessary hardships... so the spirit of the
Ordinance will be observed, public safety and welfare secured and substan-
tial justice done. Josephine thinks that the public welfare and safety is
the part that concerns her. '
Francis Whitaker feels that the points in the application are sufficiently
well done and since the wall is already there and not increasing the size
of the building and that its average is six feet high, on safety reasons
alone it is justifiable.
Josephine Mann would like to make sure that the secretary note that the
stairwell is on the- North side because this is the main reason the Board
is concerned about the health and safety.
Francis Whitaker asked the applicant if they would be putting a handrail
on both sides.
Kurimay said yes and that it was required by Code to do so.
Remo Lavagnino asked when the FAR come into ...
Bill Drueding said that is the new Ordinance 11.
Josephine Mann moves that the Board of Zoning Adjustment grant a variance
to enclose a stairwell, which is an addition of 34 sq. ft. because the stair-
well is on the North side ofthe building is not covered and because it ac-
cumulates ice and snow in the Winter time, public safety and welfare are
involved. The Board of Zoning Adjustment feels that this is a minimal
addition which is in the spirit of our comprehensive plan and in the spirit of
that neighborhood.
Francis Whitaker asked if Josephine would like to add that the stars and
the concrete walls are already existing.
Josephine adds that to her motion.
Francis Whitaker seconds.
Remo Lavagnino Aye
Josephine Mann Aye
Francis Whitaker Aye
John Herz Aye
Charles Paterson Aye
All in favor. Motion carried unanimously.
The Board of Zoning Adjustment reviews the minutes of July 22, 1982.
Francis Whitaker said that two names were mispelled. Zepp Kessler should be
Sepp Kessler and Mary Mallard should be spelled Millard. Whitaker said that
on page 7 were it says "it is difficult to access whether it was just a zoning
change..." It should read to determine rather than access.
Josephine Mann said that on page 7 it does not say why she was reading an
excerpt from the Code. Josephine said that if the Board says there is a
practical difficulty or hardship then there are other determinations to be
made. She was siting this portion of the code because the actions were the
result of the applicant. To clarify this statement the secretary is instruc-
ted to take out the word not.
Josephine felt there were some unclear parts at the end of page four.
"The residents of bonus overlay was finally adopted in May 1980,Josephine
thinks that the word and should be put in after 1980.
Francis Whitaker moves that the minutes be approved as corrected.
Charles Paterson seconds. All in favor. Motion carried.
Remo Lavagnino said that the Board of Adjustment was given an information
packet for those applying for a variance. Lavagnino said that there are
alot of things in there he feels need attention before they make a finaL
draft. He asked this be put on the agena for the next meeting.
ti
Remo Lavagnino asked the Board members to put their comments on the
draft copy for the next meeting.
Francis Whitaker moves that they adjourn.
Josephine Mann seconds. All in favor. Motion carried. Meeting adjourned
5:00pm.
i inia M. Beall
Deputy City Clerk
fr�n the exteri 1 t thproperty line. •"
Francis Whitake moves at the variance be granted conditional on the preparation of the
proper document w Z would limit the distance between the deck and the structure on
those two lots which should be spelled out by name and Lot # to 100 inches or the length
,of the balcony plus five feet more on either end. Whitaker said that the set back on
that lot P be established as 7' 8" for the length of the deck.
Charles-P-aterson asked Whitaker if he meant from the deck or the property line?
Whitaker said it would be from the property line on Lot P.
Gary Esary requests a time limit of sixty days on this condition.
Francis Whitaker said that it requires the preparation of the proper document with a time
limitation of sixty days and also to include that the minutes of May 6, 1982 referring to
case 82-2.
Francis Whitaker said that this will be a 92 " set back from the property on Lot P for
the length of the deck.
Remo Lavagnino asked if there was any more discussion and to call the members for the
motion.
Charbles Paterson Aye
Josephine Mann Aye
Remo Lavagnino Aye
Francis L+Thitaker Aye
John Herz Aye
All in favor motion carried.
Case # 82-3 Yusem Corp.
Remo Lavagnino said that the Board has heard this case and the applicant is not present
at todays meeting. The applicant presented his case publicly and it was not acted on
because there was not a quorum.
Josephine Mann feels it is necessary that the Board make a decision on this case because
it concerns safety.
The Board reviews the plans and photographs.
Remo Lavagnino closes the public portion of the meeting and asks for a motion on the Yusem
Corp. case.
Josephine Mann moves that a variance be granted for the corner of the deck to protrude
intothe side -yard set -back because of the safety factor of providing additional access
to enter the building.
Francis Whitaker seconds.
Charles Paterson Aye
Josephine Mann Aye
Francis Whitaker Aye
Remo Lavagnino Aye
John Herz Aye
All in favor motion carried.
Case # 82-4 Mary Ann Hyde
Remo Lavagnino stated that this proposed addition is for a residential building which is
a non -conforming pre-existing use in the L-1 zone, no additions are allowed.
Jim Moran, attorney representing Mrs. Hyde, told the Board that her case-a,� is rather
unique but will make the presentation as short as possible but still. do it full justice.
Moran shows the Board the zone district of Mrs. Hyde's residence. The zone district is L-1
and it includes basicly the Aspen Alps, High Tops, The Old Glory Hole property and the
front part of Durant is one of the Chateaux, the Chamont and Dumont. Moran said that the
closest residential zone is sort of diagonally across from Dean Billing's house is on that
side of Ute Ave. which is R-6 then goes into R-15 and of course Glory Hole Park is right i
across the way. L-1 is a zone which has as its permitted uses Lodges, Hotels, Boarding
Houses, and for an accessory special review use , Restaurants. Moran said the purpose,
as stated in the zoning code, is to encourage the construction of new lodges close to the e
base of Aspen Mountain; and to discourage the conversion of existing lodgesinto permanant 3
residences. The L-2 zone does allow single family duplexes and multi -family residences. $
That zoning came about in the City wide rezoning of 1975. Prior to that rezoning this
land was in accomodations and recreation 1. Single family dwellings was a use permitted oft
i
right. Moran said that thishouse has been there since the late sixties(1967). E
Jim Moran said that Mrs. Hyde is in theunique positionof having lived there for about
twelve years, they boughtthe house from Mr. andMrs, Mitchell; the deed from whichthey
acquired the house containsa restriction which restricts the use of the propertyto a
single family abode only, which was a perfectly understandable and legitimate restriction
at thetime since it was a permitted use in that zone. The zoning Ordinance of 1975 said
that you can't have a single family residence non -conforming but instead you could have
a hotel, lodge or boarding house in that area, in the 1 for Z FAR and presently the28'
height limitation. So the applicant has the unique opportunity to come before the
board and ask to expand a singe family residence which by our Code is a higher or more
preferred use than accomodations by an amount of density and height which corresponds
more to the R-15 zone than tothe lodge zone; and therefore, the applicantis really asking; fc
less density, less intensity of use-, than is permitted in that zone, but the applicant
Is a single family residence instead of a hotel, lodge, boarding house or a restaurant,
O
FORM 10 C. F. HorF KFI R. R. A 1, Cl
SPECIAL MFETING
RECORD OF PROCEEDINGS
BOARD OF ZONING ADJUSTMENT
100 Leaves
MAY 27, 1982
The Board of Adjustment held a Special Meeting on May 27, 1982 at 4:00 pm in the Council
Chambers of City Hall. Members present were Remo Lavagnino, Francis Whitaker, Josephine
Mann, Charles Paterson and John Herz.
Minutes - Remo Lavagnino asked for a motion for the approval of the minutes of Feb. 11, '82
Francis Whitaker so moves. Josephine Mann seconds. All in favor. Motion carried.
Lavagnino asked for a motion on the minutes of May 6, '82. Josephine Mann so moves.
Francis Whitaker seconds. All in favor. Motion carried.
Old Business - Case # 82-2 Pale Potvin
Remo Lavagnino stated that this case had been heard at the May 6, 1.982 meeting; however
asked the applicant if he would like to add anything to the public record.
Dale Potvin said that he wanted to state the hardships of this case and to bring out again
that their intention is to preserve what they have and not to alter. The applicant feels
that the location and construction is a hardship that wasn't created by the applicant.
Potvin said that the reduction in the size of the deck will be a hardship in that it will
deny his family the need for outdoor living space. Potvin said that house is oriented
towards this deck,; the door on the East side of the house becomes useless upon removing
that deck.
Lavagnino said that the applicant did create the problem by "lot splitting".
Potvin responded to Lavagnino's point in that he knows that the code does allow for
a non -conforming to remain under sec. 24-13.3. Potvin said that the deck is very impor-
tant to the functional design of the house.
John. Doremus, neighbor of the Potvin's said that he would like to support Dale and Sally
Potvin in this endeavor. Doremus said that if the lot split is successful he would end
up with vacant two lots and he has no objections at all to this deck.
Remo Lavagnino said he has a problem with this in that any building on the new proposed
lot came within ten feet of that deck. Lavagnino said that it is a requirement to separate
houses and decks by ten feet. Lavagnino said that he wanted the Board to be aware of that
there is a safety problem involved. Lavagnino asked the Board for comments or questions
that they clay want to ask the applicant.
Francis Whitaker asked how high the deck is from the ground to the top of the rail?
Dale Potvin said that it is approximately 7 1/2 feet.
Whitaker said that as he .sees the map and the application it would require agreement GTith
a restrictive covenant to a seven foot set -back instead of a five foot set -back on the
two remaining vacant lots. Whitaker said that it seems to be a simple solution and cer-
tainly no hardship to the applicant.
Potvin said that lle is not comfortable with those numbers; he said that from the edge
of the house to the lot line is 9' 2" and the deck is 8' 6". 8 *P
Whitaker said that the application is not correct. Whitaker asked how far the deck projects
into the side -yard?
Potvin said that.44- 4"' would have to be removed to comply with the side -yard set -back
requirements. .r--
Charles Paterson looks at the deck more like a fence. Paterson does not feel that it
encroaches upon the air and the light. He feels that the safety is not encroached upon
because if there was a fire it could be approached from the back alley. Paterson said
that the Board should consider this unique piece of property as it is seen.
Remo Lavagnino closes the public portion of the meeting.
Charles Paterson said that in light of the fact that they are not increasing their floor
area and they are not putting in a new room etc. Paterson said that it creates a hardship
on the next property owner by making a conditional variance.
Francis ITaker said that in view of the new FAR in the residential district and that
fact that there woi.ild hP about 100 sq. ft. out of 6,000 sq. ft. that would be restricted.
::hitaker said that the best solution to this is that the applicant would have to agree
that no structure will be within ten feet of the deck on the other property.
Gary Fsary, assistant attorney, said that a fairly complete record has been made on this
matter today but that the Board may want to incorporate by reference that the tesimon.y
that was taken at the May 6, 1982 meeting.
Francis iv'Yoitaker saie.. that if the Board rakes a motion i.t should be conditional cm the
preparation of the legal document that satisfys the City Attorney.
Bill. Dreuding, of the Building Dept, said that individual balconies not utilized as
passage way provide that they do not project more than 1/3 of the distance from the
. • lJ
MEMORANDUM
TO: Attorney's Office
Building Department
Engineering Department
FROM: Alice Davis, Planning Office
RE: Doremus/Potvin Subdivision Exception (Lot Split)
DATE: June 30, 1982
Attached is an application submitted by Sally Allen-Potvin, Dale A. Potvin,
and John Doremus (Doremus/Potvin Subdivision Exception (Lot Split) for
property located at Block 43, Lots N. 0, P and Q of Aspen. The proposal
is to split lots N & 0 with an existing dwelling from P and Q. House plans
for Lots P and Q call for a deck which at this time encroaches on the side
yard setback. The applicants have applied to the City's Board of Adjust-
ments and received a variance running the length of the deck for the side
yard setback.
See attached Protective Covenants and Minutes. This item is scheduled for
the August 3 City Planning and Zoning Meeting, therefore, please return
comments by Monday, July 19.
Thank you.
Olt
February 17, 1982
Aspen/Pitkin County Planning Office
Aspen City Hall'
�130 South Galena Street
Aspen, Colorado 81611
Re: Sally Allen-Potvin, Dale A. Potvin and John Doremus
Subdivision Exemption
Dear Planners :
Please consider this letter formal applicati n to the Aspen
Planning and Zoning Commission for an ex L from the term
"subdivision, as provided for in the Aspen 1,1inicipal Code,
11
Section 20-19(b.), respect ect to the proposed division of
P
City lots.
As the accompanying map shows, the property consists of Lots N,
0, P and Q, Block 43, City of Aspen with a singe story frame
dwelling which will be the residence of the Potvins.
The Potvins And John Doreu,us wish to parcel off Lots P and Q
from the remaining two lots and dwelling so that these lots
might become available as a single-family building site for
John Doremus . As can be seen, the new building site (Lots P
and Q) will consist of two vacant City lots of 6,000 square
feet in total size. The existing Potvin residence will remain
on Lots N and 0 consisting of 6,000 square feet. A further
examination of the map indicates that the Potvin residence will
be conforming as to rear and front yard setbacks. The deck on
the Potvin residence encroaches on the side yard setback
between Lots N and 0 and Lots P and Q. The deck is entirely
within the boundary lines of Lots N and 0. If necessary for
exemption from the term "subdivision," the Potvins will apply
for a side yard setback variance or they will reduce the size
of the deck to conform with the required side yard setback.
Aspen/Pitkiri County Planning Office
February 17, 1982
Page 2
The existing residence conforms to the proposed floor area
ratios in that it consists of 2,368 square feet, including the
basement with a 584 square foot carport. A max iTnum of 3, 126
square feet with a 600 square foot garage will be allowed on
such a lot.
The property is presently zoned R-6 Residential, which allows
single-family dwellings on 6,000 square feet of lot. The two
parcels will continue to conform with all applicable
subdivision rules and regulations. There will be a reduction
of original density from four lots to two parcels. This
separation will, therefore, not be injurious to other property
in the area.
Ordinance No. 3, 1978, allows a lot split exemption from the
GMP provided there is an existing dwelling and no more than two
lots are created. Current City policy allows an exemption from
subdivision requirements for the division for lots in this
manner. We would appreciate your earnest consideration of this
application.
Enclosed is a copy of our contract to purchase Lots N, 0, P and
Q, Block 43, City of Aspen. All contingencies have been waived
or met. A copy of the deed will be forwarded to you as soon as
we receive it after the March 5, 1982 closing.. Enclosed also
is our check for $475.00 representing the fee for this
application.
Sincerely yours,
Sally Allen--Potvin
Dal/ A. Potvin
r
ohn Doremus
SAP:ngr
Enclosures
February 17, 1982
Aspen/Pitkin County Planning Office
Aspen City Hall"
130 South Galena Street
Aspen, Colorado 81611
Re : Sally Allen-Potvin, Dale A. Potvin and John Doremus
Subdivision Exemption
Dear Planners:
Please consider this letter formal application to the Aspen
Planning and Zoning Commission for an exemption from the term
"subdivision," as provided for in the Aspen Municipal Code,
Section 20-19(b.) , with respect to the proposed division of
City lots .
As the accompanying map shows , the property consists of Lots N,
0, P and Q, Block 43, City of Aspen with a single story frame
dwelling which will be the residence of the Potvins.
The Potvins and John Doremus wish to parcel off Lots P and Q
from the remaining two lots and dwelling so that these lots
might become available as a single-family building site for
John Doremus. As can be seen, the new building site (Lots P
and Q) will consist of two vacant City lots of 6,000 square
feet in total size. The existing Potvin residence will remain
on Lots N and 0 consisting of 6,000 square feet. A further
examination of the map indicates that the Potvin residence will
be conforming as to rear and front yard setbacks. The deck on
the Potvin residence encroaches on the side yard setback
between Lots N and 0 and Lots P and Q. The deck is entirely
within the boundary lines of Lots N and 0. If necessary for
exemption from the term "subdivision," the Potvins will apply
for a side yard setback variance or they will reduce the size
of the deck to conform with the required side yard setback.
The porti�n.ulthirf�rm■pprn.rdL.ILe
('.lord., (SC 2D.2•81)
t
THIS IS A LICAL INSTRUMENT. If N07 UNDERSTOOD. LEGAL. TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
RESIDENTIAL
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
l l
, ))THE
�t1F :ALi ESUnJEE I+I)
UD
tar
AS4N :a.l•tir Elo i
t:iiD3, rT,-..150
February _ ly 82
I. The undersigned agent hereby acknowledges having received from ____Dale A. Potvin and
_ Sally Allen-Potvin and John Doremus _ the sum of $10..000. 00 , in the form of
two personal checks ,tobeheldby FITZGERALD REAL ESTATE CO.
broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real
estateinthe aspen County of Pitkin , Colorado, towit:
Lots N, 0, P and Q, Block 43, City of Aspen, Colorado
together with all improvements thereon and all fixtures of a permanent nature currently on the premises except as I
hereinafter provided, in their present condition, ordinary wear and tear excepted, known as No. 320
Lest Bleeker Street, Aspen, Colorado 81611 and hereinafter called the Property.
(Street Address. City. Zip) 11
2. Subject to the provisions of paragraph 17, the undersigned person(s) Dale A. Potvin and Sally 'i
Allen—Potvin and John Doremus (� fc/i�i/yC�;tenants in common),
hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned ow•ner(s), hereinafter called
Seller, hereby agrees to sell the Property upon the terms and conditions stated herein.
3. The purchase price shall be U.S. $ 465'nnn _ on payable as follows: b 10, 000. 00hereby receipted for;
1G0,000.00 payable by cashier's or certified check upon
delivery of deed. Purchasers shall execute their note I
and first lien deed of trust payable to Seller in the
amount of $295,000.00 and payable in monthly installments I'
of principal and interest of $3076.25 at the rate of 120/ol
per annum. The remaining unpaid balance of principal and
earned interest shall be due and payab/e on or before thervri'
third anniversary of execution of said note. Purchasers
shall have the privilege of prepayment of any amount at
any time without penalty. Each party agrees to pay their
own closing costs.
4. Price to include any of the following items currently on the Property: lighting, heating, plumbing, ventilating,
and central air conditioning fixtures; attached TV antennas and/or water softener (if owned by Seller); all outdoor
plants, window and porch shades, venetian blinds, storm windows, storm doors,1 Greens, curtain rods, drapery rods,
attached mirrors, linoleum, floor tile, awnings, fireplace screen and gratefbul�in kitchen appliances, wall-to-wall
carpeting, washer and dryer, and all furnishings listed in inventory on file with
Fitzgerald Real Estate.
all in their present condition, conveyed free and clear of all taxes, liens -and encumbrances except as provided in
paragraph 11; provided, however, that the following fixtures of a permanent nature are excluded from this sale: 2 one
11 Personal property shall be conveyed by bill of sale.
I5. If a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a)
1 apply for such loan, (bl execute all documents and furnish all information and documents required by the lender, and
(
(c) pay the customary costs of obtaining such loan. Then if such loan is not approved on or before N/A .
15_, or if so approved but is not available at time of closing, this contract shall be null and void and ali payments and
things of value received hereunder shall be returned to Purchaser.
6. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if
I
required and agrees to pay (1) It loan transfer fee not to exceed i N/A _ and (2) an interest rate
not to exceed _N/A 4r per annum. If the loan to be assumed has provisions fur a shared equity or variable
interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such
provisions. If the lender's consent to a loan assumption is required, this contract is conditioned upon obtaining such
consent without change in the terms and conditions of such loan except as herein provided.
7. td>3r�dt�r���a'>�r���911i��rN�lwffvllr�r�y��lr7q�f��rf,^I�srt�lt
Nu. SC-20•241. 1 ..nits/ to H., —d ,J li; T-1, hr..d—t-1, _ Hridford I'Od'l h-jr
10.1M Al 1. �.r l.lr r.....', 111 K(•:�-11;',1 �. it ...w ��'
i-�
8. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by
N/A
9. An abstract of title to the Property, certified to date, or a current commitment for title insurance policy in an
amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before
February 22 1982 . If Seller elects to furnish said title insurance commitment, Seller will
deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
10. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The hour and place of
closing shall be as designated by THE FITZGERALD REAL E-5TATE—001M-AhY
II. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 12 and 13. Subject
to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof.
Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser on
March j 1982 , or, by mutual agreement, at an earlier date, conveying the Property free and
clear of all taxes, except the general taxes for the year of closing, and except N/A
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether
assessed or not; free and clear of all liens and encumbrances except None.
except recorded and -or 'apparent easements for telephone, electricity, water, sanitary sewer, and easements /or
of record which does not effect the title,
except the following restrictive covenants which do not contain a right of reverter: _ None
and subject to building and zoning regulations.
12. Except as stated in paragraphs 11 and 13. if title is not merchantable and written notice of defect(s) is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable
effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of
closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the
date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph
13. if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shall be
void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this
transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness
secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid
rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and
any special assessments shall be apportioned to date of delivery of deed.
15. Possession of the Property shall be delivered to Purchaser on delivery of deed
subject to the following leases or tenancies: subject to present lease which is a month to
month lease.
If Seller fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be liable for
a daily rental of $ 150.00 until possession is delivered.
16. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of
not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date
herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the
damages exceed such sum, this contract may be terminated at the option of Purchaser and all payments and things of
value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite
such damage, Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not
exceeding, however, the total purchase price. Should any fixtures or services fail between the date of this contract
and the date of possession or the date of delivery of deed, whichever shall be earlier, then Seller shall be liable for the
repair or replacement of such fixtures or services with a unit of similar size, age and quality, or an equivalent credit.
17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment
due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as
herein provided, there shall be the following remedies:
(a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be
forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all
obligations hereunder. It is agreed that such payments and thing, of value are LIQUIDATED DAMAGES and
(except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's
failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance
and additional damages.
(b) IF SE LLER IS IN DEFAULT. (1) Purchaser may elect to treat this contract as terminate', in which case
all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover
such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect
and Purchaser shall have the right to an action for specific performance or damages, or both.
(c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this
contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees
18. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker,
unless mutual written instruction is received by broker, broker sha!1 not be required to take any action but may await
any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may
recover court costs and reasonable attorneys' fees.
FE
;j l9. Additional provisions:
1. This contract is contingent upon Purchasers receiving an improvement !I
survey that satisfies the Purchasers as to their ability to have Lots !
.I N & 0, Block 43, City of Aspen, split from Lots P and Q, Block 43, City
of Aspen. Buyers have until February 19, 1982 to meet or waive this I
contingency.
2.
3-
Seller agrees that upon Purchasers receving approval from
the City of Aspen for the separation of Lots N and O,
Block 43, City of Aspen from Lots P and 0, Block 43, City
of Aspen they will substitute the existing Note and Deed of
'crust, at its remaining balance, for a Note and Deed of Trust
secured by Lots N and O, Block 43, City of Aspen in the
approximate amount of 56p0 of this remaining balance to be
executed by Dale A. Potvin and Sally Allen-Potvin and a Note
and Deed of Trust secured by Lots p and Q, Block 43, City of
Aspen in the approximate amount of 440 of this remaining.balance
to be executed by John Doremus. Seller agrees to allow
either of these Notes or Deed of Trusts to be assumed bX7 a
qualifed buyer.
This contract is expressly contingent upon the closing of the contract it
dated December 31, 1981 on Unit ill, Alpine Acres Subdivision, between
Dale A. Potvin, Seller and James E. Snelson, Purchaser. I�
4. Purchasers agree to pay a Real Estate Transfer Tax to the City of Aspen
at closing.
5. It is understood that Dale A. Potvin and Sally Allen-Potvin and
John Doremus are licensed real estate agents in the State of
Colorado. ,first by to'1]egram b' February q 1982
20. If this proposal is accepted by Seller in Avriting and Purchiaser recet%es notjce of sucfi geceptance on or before
bruary 12 , 19_$2_, this instrument shall become a contract between Seller and Purchaser and shall
inure to the benefit of the heirs, successors and assigns of such parties, except as stated in paragraph 7.
2 THE REAL ESTATE BROKERS
,J-)���. .✓. '"� ��L,. L�rC� /� /7/82 THE -
11 hr r Y Date
�a z
tvin & Sally Allen-Potvin
2/7/82 ----- —
PurcAa Late �DzI�OtVln
John Doremus
urchaser'sAddress Potvin-Box 575 Aspen, Co. Doremus 608 East Hyman Aspen, Co.
(The follo%ing section to be completed by Seller and Listing Agent)
21. Seller accepts the above proposal this th day of February , 19 82 , and agrees
to pay a commission of six (6) % of the purchase price for services in this transaction, and agrees that, in
the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall
be divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the
balance to Seller.
Fran: Western Union
Date: 2/9/82
From: Faltz
6000 Western Place, Suite 111
Fort Worth, TX 76107
I accept the terms of the Potvin-Doremus contract of 2/7/82 as written per
telephone discussion bf 2/9/82, except 36 month payment terms on note to be
changed to 30 month.
Closing to be on or before 3/5/82.
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.Potvin/Doremus
(Lot Split)
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520 EAST DURANT
COLORADO 81611
(303) 925-6750
(303) 925-6096 Home
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LINE NO. 2725 AN AMPAD PRODUCT 60 SHEETS
CITY OF ASPEN*
MEMO FROM GARY S. ESARY
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0 0
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Potvin/Doremus Subdivision Exception - Lot Split
DATE: July 28, 1982
Location: Lots N, O, P and Q, Block 43, Aspen Original Townsite
Zoning: R-6
Lot Size: 12,000 square feet
Applicant's
Request: The applicants are requesting a subdivision exception
for a lot split pursuant to Section 24-11.2(d) of
the Code.
Referral
Comments: The Engineering Department had the following comments
regarding the proposed lot split:
1. The plat should be amended to include the following:
a) a title of lot split;
b) indication of the area of Lot P which was
restricted from development by the Board of
Adjustment's variance approval;
c) clear indication of N, O and P, Q as separate
ownerships; and
d) all approval and recordation certificates.
2. The lot split plat should be the standard required
size of 24 inches by 36 inches for the purposes of
recordation.
3. Both parcels created should be required by covenant
to join a sidewalk improvement district should one
be created in the future.
The Attorney's Office and the Building Department had
no comment on the proposed lot split.
Planning
Office
Review: The request for a lot split should be reviewed according
to Section 24-11.2(d) of the Code which allows a lot split
as an exception from GMP procedures, provided that:
1. The tract of land being divided has a pre-existing
dwelling unit, and
2. No more than two lots are created.
Our review shows that a dwelling unit exists on Lot N
and O. The two lots created by the lot split will each
be approximately 6,000 square feet, conforming lots in
the R-6 zone district.
A deck on the existing structure encroaches upon the
required side yard setback for Lots N and O. The
applicant has obtained a variance from the Board of
Adjustment in order to allow this deck to protrude into
the setback after the lot split, provided the owner of
the new lot, John Doremus, agrees to restrict develop-
ment in his sideyard running the length of the deck to
an amount equal to that not provided due to the en-
Potvin/Doremus Subision Exception - Lot Spl
Page Two
July 28, 1982
croachment. In essence, the distance between the
existing deck and any future structure on Lots P and
Q must be 10 feet, the total of the two sideyard
setbacks.
Planning
Office
Recommen-
dation: The Planning Office recommends the approval of the
Potvin/Doremus Lot Split provided the three recom-
mendations of the Engineering Department given in
this memorandum are met.
0 .
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Potvin/Doremus Subdivision Exception - Lot Split
DATE: October 5, 1982
Location: Lots N, 0, P and Q, Block 43, Aspen Original Townsite
Zoning: R-6
Lot Size: 12,000 square feet
Applicant's
Request: The applicants are requesting a subdivision exception for a
lot split pursuant to Section 24-11.2(d) of the Code.
Referral
Comments: The Engineering Department had the following comments regarding
the proposed lot split:
1. The plat should be amended to include the following:
a) A title of lot split;
b) Indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance
approval;
c) Clear indication of N, 0 and P, Q as separate owner-
ships; and
d) All approval and recordation certificates.
2. The lot split plat should be the standard required size of
24 inches by 36 inches for the purposes of recordation.
3. Both parcels created should be required by covenant to
join a sidewalk improvement district should one be created
in the future.
Planning Office
Review: The request for a lot split should be reviewed according to
Section 24-11.2(d) of the Code which allows a lot split as an
exception from GMP procedures, provided that:
1. The tract of land being divided has a pre-existing dwelling
unit, and
2. No more than two lots are created.
Our review shows that a dwelling unit exists on Lot N and 0.
The two lots created by the lot split will each be approximately
6,000 square feet, conforming lots in the R-6 zone district.
A deck on the existing structure encroaches upon the required
side yard setback for Lots N and 0. The applicant has obtained
a variance from the Board of Adjustment in order to allow this
deck to protrude into the setback after the lot split, provided
the owner of the new lot, John Doremus, agrees to restrict
development in his sideyard. The variance states that develop-
ment in Doremus' side yard is not allowed within 92 inches of
the property line running a length of 39.45 feet with this 39.45
feet centered on the center of the deck.
Potvin/Doremus Subdivision Exception - Lot Split
Page Two
October 5, 1982
Planning Office
Recommendation: The Planning Office recommends the approval of the
Potvin/Doremus Los Split provided the three recommendations
of the Engineering Department given in this memorandum are
met, and provided the requirements of the variance are
also met.
0 •
MEMORANDUM
TO: Aspen City Council
FROM: Alice Davis, Planning Office
RE: Potvin/Doremus Subdivision Exception - Lot Split
DATE: October 26, 1982 APPROVED AS TO FORM: 7
Location: Lots N, 0, P and Q, Block 43, Aspen Original Townsite
Zoning: R-6
Lot Size: 12,000 square feet
Applicant's
Request: The applicants are requesting a subdivision exception for a
lot split pursuant to Section 24-11.2(d) of the Code.
Referral
Comments: The Engineering Department had the following comments regarding
the proposed lot split:
1. The plat should be amended to include the following:
a) A title of lot split;
b) Indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance
approval;
c) Clear indication of N, 0 and P, Q as separate owner-
ships; and
d) All approval and recordation certificates.
2. The lot split plat should be the standard required size of
24 inches by 36 inches for the purposes of recordation.
3. Both parcels created should be required by covenant to
join a sidewalk improvement district should one be created
in the future.
Planning Office
Review: The request for a lot split should be reviewed according to
Section 24-11.2(d) of the Code which allows a lot split as an
exception from GMP procedures, provided that:
1. The tract of land being divided has a pre-existing dwelling
unit, and
2. No more than two lots are created.
Our review shows that a dwelling unit exists on Lot N and 0.
The two lots created by the lot split will each be approximately
6,000 square feet, conforming lots in the R-6 zone district.
A deck on the existing structure encroaches upon the required
side yard setback for Lots N and 0. The applicant has obtained
a variance from the Board of Adjustment in order to allow this
deck to protrude into the setback after the lot split, provided
the owner of the new lot, John Doremus, agrees to restrict
development in his sideyard. The variance states that develop-
ment in Doremus' side yard is not allowed within 92 inches of
the property line running a length of 39.45 feet with this
39.45 feet centered on the center of the deck.
•
Memo: Potvin/Doremus Subdivision Exception - Lot Split
Page Two
October 26, 1982
P&Zand
Planning Office
Recommendation: P & Z and the Planning Office recommend the approval of the
Potvin/Doremus Lot Split provided the following conditions
are met:
1. The plat should be amended to include the following:
a) A title of lot split;
b) Indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance
approval;
c) Clear indication of N, 0 and P, Q as separate owner-
ships; and
d) All approval and recordation certificates.
2. The lot split plat should be the standard required size
of 24 inches by 36 inches for the purposes of recordation.
3. Both parcels created should be required by covenant to
join a sidewalk improvement district should one be created
in the future.
4. The requirements of the variance granted by the Board of
Adjustment must be met.
gas - (10750
February 17, 1982
Aspen/Pitkin County Planning Office
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
Re: Sally Allen-Potvin, Dale A. Potvin and John Doremus
Subdivision Exemption
Dear Planners:
Please consider this letter formal applicat�iQn to the Aspen
Planning and Zoning Commission for an exen from the term
"subdivision," as provided for in the Aspen Municipal Code,
Section 20-19(b .) , with respect to the proposed division of
City lots.
As the accompanying map shows, the property consists of IAts N,
0, P and Q, Block 43, City of Aspen with a single story frame
dwelling which will be the residence of the Potvins.
The Potvins and John Doremus wish to parcel off Lots P and Q
from the remaining two lots and dwelling so that these lots
might become available as a single-family building site for
John Doremus. As can be seen, the new building site (Lots P
and Q) will consist of two vacant City lots of 6,000 square
feet in total size. The existing Potvin residence will remain
on Lots N and 0 consisting of 6,000 square feet. A further
examination of the map indicates that the Potvin residence will
be conforming as to rear and front yard setbacks. The deck on
the Potvin residence encroaches on the side yard setback
between Lots N and 0 and Lots P and Q. The deck is entirely
within the boundary lines of Lots N and 0. If necessary for
exemption from the term "subdivision," the Potvins will apply
for a side yard setback variance or they will reduce the size
of the deck to conform with the required side yard setback.
Aspen/Pitkin County Planning Office
February 17, 1982
Page 2
The existing residence conforms to the proposed floor area
ratios in that it consists of 2,368 square feet, including the
basement with a 584 square foot carport. A maximum of 3,126
square feet with a 600 square foot garage will be allowed on
such a lot.
The property is presently zoned R-6 Residential, which allows
single-family dwellings on 6,000 square feet of lot. The two
parcels will continue to conform with all applicable
subdivision rules and regulations. There will be a reduction
of original density from four lots to two parcels. This
separation will, therefore, not be injurious to other property
in the area.
Ordinance No. 3, 1978, allows a lot split exemption from the
GMP provided there is an existing dwelling and no more than two
lots are created. Current City policy allows an exemption from
subdivision requirements for the division for lots in this
manner. We would appreciate your earnest consideration of this
application.
Enclosed is a copy of our contract to purchase
Q, Block 43, City of Aspen. All contingencies
or met. A copy of the deed will be forwarded
we receive it after the March 5, 1982 closing.
is our check for $475.00 representing the fee
application.
Sincerely yours,
Sally Alotvin
Dal A. Potvin
i
ohn Doremus
SAP :ngr
Enclosures
Lots N, 0, P and
have been waived
to you as soon as
Enclosed also
for this
•
The printed portions ofthin form appro%ed by the JTDTHE R L ���
♦A
('nlondn Neel Estate Commis.ion (SC 20.2.811 f'l
THIS IS A UGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. aA Ual��
Liu
RESIDENTIAL DPA
AS'EN CCkC A.DO 8161
(303) O25,8750
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
February 15 82
1. The undersigned agent hereby acknowledges having received from Dale A. Potvin and
Sally Allen-Potvin and John Doremus _ the sum of $10, 000 , 00 , in the form of
two personal checks to be held by FITZGERALD REAL ESTATE CO. ,
broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real
estate in the Aspen County of PitKin , Colorado, to wait:
Lots N, 0, P and Q, Block 43, City of Aspen, Colorado
together with all improvements thereon and all fixtures of a permanent nature currently on the remises except as
hereinafter provided, in their present condition, ordinary wear and tear excepted, known as No. 33
West Bleeker Street, Aspen, Colorado 81611,andhereinaftercalledtheProperty.
(Street Address, City, Zip)
2. Subject to the provisions of paragraph 17, the undersigned person(s) Dale A. Potvin and Sally-_
Allen—Potvin and John Doremus _ (/aJJ/, 1VtE,AjJtA/ten ants in common),
hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called
Seller, hereby agrees to sell the Property upon the terms and conditions stated herein.
3. The purchase price shall be U.S. $ 465,Il00 — 0O—, payable as follows: $ 10 , 000. OChereby receipted for;
$160,000.00 payable by cashier's or certified check upon
delivery of deed. Purchasers shall execute their note
and first lien deed of trust payable to Seller in the
amount of $295,000.00 and payable in monthly installments
of principal and interest of $3076.25 at the rate of 12%
per annum. The remaining unpaid balance of principal and art
earned interest shall be due and payab/e on or before the wv('
third anniversary of execution of said note. Purchasers
shall have the privilege of prepayment of any amount at
any time without penalty. Each party agrees to pay their
own closing costs.
4. Price to include any of the following items currently on the Property: lighting, heating, plumbing, ventilating,
and central air conditioning fixtures; attached TV antennas and/or water softener (if owned by Seller); all outdoor
plants, window and porch shades, venetian blinds, storm windows, storm doors,1 Greens, curtain rods, drapery rods,
attached mirrors, linoleum, floor tile, awnings, fireplace screen and grate /bu? in kitchen appliances, wall-to-wall
carpeting, washer and dryer, and all furnishings listed in inventory on file with
Fitzgerald Real Estate.
all in their present condition, conveyed free and clear of all taxes, liens and encumbrances except as provided in
paragraph 11; provided, however, that the following fixtures of a permanent nature are excluded from this sale: hone
Personal property shall be conveyed by bill of sale.
b. if a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a)
apply for such loan, (b) execute all documents and furnish all information and documents required by the lender, and
((c) pay the customary costs of obtaining such loan. Then if such loan is not approved on or before N/A ,
' 19_, or if so approved but is not available at time of closing, this contract shall be null and void and all payments and
things of value received hereunder shall be returned to Purchaser.
6. if a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if
l required and agrees to pay (1) a loan transfer fee not to exceed $ N/A and (2) an interest rate
not to exceed N/A % per annum. If the loan to be assumed has provisions for a shared equity or variable
interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such
provisions. If the lender's consent to a loan assumption is required, this contract is conditioned upon obtaining such
consent without change in the terms and conditions of such loan except as herein provided.
7.
No. SC-20.2-81. cow—rt to Hui ..it Sell Neal Estate, It—d—n.h.— Bradford Publishing Co..
�A25 N. 6th Me . Lr►eruud. C O N(1: 11 — (1031?li.he0f1— t.gl
8. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by N/A
9. An abstract of title to the Property, certified to date, or a current commitment for title insurance policy in an
amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before
February 22 , 1982 . If Seller elects to furnish said title insurance commitment, Seller will
deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
10. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The hour and place of
closing shall be as designated by THE FITZGERALD REAL ESTATE —COMPANY
11. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 12 and 13. Subject
to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof,
Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser on
March 5 , 1982 , or, by mutual agreement, at an earlier date, conveying the Property free and
clear of all taxes, except the general taxes for the year of closing, and except N/A
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether
assessed or not; free and clear of all liens and encumbrances except None
except recorded and/or apparent easements for telephone, electricity, water, sanitary sewer, and easements Id"
of record which does not effect the title,
except the following restrictive covenants which do not contain a right of reverter: None
and subject to building and zoning regulations.
12. Except as stated in paragraphs 11 and 13, if title is not merchantable and written notice of defect(s) is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable
effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of
closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the
date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph
13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shall be
void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this
transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness
secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid
rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and _
any special assessments shall be apportioned to date of delivery of deed.
15. Possession of the Property shall be delivered to Purchaser on delivery of deed
subject to the following leases or tenancies: subject to present lease which is a month to
month lease.
If Seller fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be liable for
a daily rental of $ 150.00 until possession is delivered.
16. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of
not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date
herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the
damages exceed such sum, this contract may be terminated at the option of Purchaser and all payments and things of
value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite
such damage, Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not
exceeding, however, the total purchase price. Should any fixtures or services fail between the date of this contract
and the date of possession or the date of delivery of deed, whichever shall be earlier, then Seller shall be liable for the
repair or replacement of such fixtures or services with a unit of similar size, age and quality, or an equivalent credit.
17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment
due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as
herein provided, there shall be the following remedies:
(a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be
forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all
obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
(except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's
failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance
I and additional damages.
(b) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case
all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover
I I such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect
and Purchaser shall have the right to an action for specific performance or damages, or both.
(c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this
jcontract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees.
18. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker,
unless mutual written instruction is received by broker, broker shall not be required to take any action but may await
any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may
recover court costs and reasonable attorneys' fees.
k
From: Western Union
Date: 2/9/82
Fran: Fultz
6000 Western Place, Suite 111
Fort Worth, TX 76107
I accept the terms of the Potvin-Doremus contract of 2/7/82 as written per
telephone discussion of 2/9/82, except 36 month payment terms on note to be
changed to 30 month.
Closing to be on or before 3/5/82.
•
FF
19. Additional provisions:
1. This contract is contingent upon Purchasers receiving an improvement
survey that satisfies the Purchasers as to their ability to have Lots
i N & 0, Block 43, City of Aspen, split from Lots P and Q, Block 43, City
of Aspen. Buyers have until February 19, 1982 to meet or waive this
contingency.
�I
2.
3•
Seller agrees that upon Purchasers receving approval from
the City of Aspen for the separation of Lots N and 0,
Block 43, City of Aspen from Lots P and Q, Block 43, City
of Aspen they will substitute the existing Note and Deed of
Trust, at its remaining balance, for a Note and Deed of Trust
secured by Lots N and 0, Block 43, City of Aspen in the
approximate amount of 56% of this remaining balance to be
executed by Dale A. Potvin and Sally Allen-Potvin and a Note
and Deed of Trust secured by Lots P and Q, Block 43, City of
Aspen in the approximate amount of 440 of this remaining.balance
to be executed by John Doremus. Seller agrees to allow
either of these Notes or Deed of Trusts to be assumed b17 a
qualifed buyer.
This contract is expressly contingent upon the closing of the contract
dated December 31, 1981 on Unit # 1, Alpine Acres Subdivision, between
Dale A. Potvin, Seller and James E. Snelson, Purchaser.
4. Purchasers agree to pay a Real Estate Transfer Tax to the City of Aspen
at closing.
5. It is understood that Dale A. Potvin and Sally Allen-Potvin and
John Doremus are licensed real estate agents in the State of
Colorado. first b to11egQram ba�rr FeP}�ru�ry 9 1982
20. If this proposal is accepted by Seller in writing andzpurcFias`er receives no £ce of such Acceptance on or before
b uary 12 , 19_82_, this instrument shall become a contract between Seller and Purchaser and shall
inure to the benefit of the heirs, successors and assigns of such parties, except as stated in paragraph 7.
1 •
�c�.C>L1J�CV..✓ 'eta 2/7/82 Broker THE REAL ESTATE BROKERS
'Pu chr r Date
a A. P tvin & Sally ,Men-Potvin
2/7/82 C�,__ "CC
Purina Date o tvin
/ John Doremus
rchaser'sAddress Potvin-Box 575 Aspen, Co. Doremus 608 East Hyman Aspen, Co.
(The following section to be completed by Seller and Listing Agent)
21. Seller accepts the above proposal this th day of February 19 82 , and agrees
to pay a commission of six (6) % of the purchase price for services in this transaction, and agrees that, in
the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall
be divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the
balance to Seller.
Seller
Seller's Address
Listing Broker's Name and Address
520 E. Durant
Seller
en, Colorado 81611
q ..
t I
•
E
PROTECTIVE COVENANTS
WHEREAS, improvements were constructed upon Lot 0,
by the owners of Lot 0, Block 43, City and Townsite of
Aspen, County of Pitkin, State of Colorado (hereinafter
referred to as "Lot 0"), and
WHEREAS, these improvements, as built, violate the
"minimum sideyard" requirements presently in effect in
the City of Aspen, as set forth in Section 24-3.4 of the
Aspen Municipal Code, and
WHEREAS, the owners of Lot 0 are desirous of main-
taining those improvements, and at the same time, are
desirous of dividing Lot 0 from Lot P, Block 43, City
and Townsite of Aspen, County of Pitkin, State of Colorado
(hereinafter referred to as "Lot P"), and
WHEREAS, it is required as a condition for the
exemption from the full subdivision procedures, as
defined in the Municipal Code for the City of Aspen, that
permission of the Board of Adjustment of the City of Aspen,
in the form of a variance, from the aforedescribed "minimum
sideyard" requirements be obtained for the maintenance of
the above described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen
is desirous of granting this variance upon the conditions
that the owners of Lot 0 and Lot P adopt covenants affecting
Lot P which prohibits the construction of any type of
improvements upon certain portions of Lot P,
NOW, THEREFORE, the undersigned being the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen, hereby
adopt the following covenants for the benefit of the owners of
lots 0 and P, Block 43, City and Townsite of Aspen, and for the
benefit of the City of Aspen.
1. No Building. For such time as the deck exists on Lot
0, and for so long as it violates the "minimum sideyard" require-
ments, on the boundary between Lot 0 and Lot P, as deinfed in
Section 24-3.4, of the Aspen Municipal Code, in effect within
the City of Aspen, or until such time as the written consent
of the Board of Adjustment and the owner of Lot 0, Block 43,
City and Townsite of Aspen, is given, or until such time as the
ordinances in effect in the City of Aspen are modified so that
the aforementioned deck is no longer in violation of any
"minimum sideyard" requirements, there shall be no improvements
constructed on that portion of Lot P, Block 43, City and Town -
site of Aspen, more particularly described as follows:
Beginning at a point on the north westerly corner
of Lot P, and proceeding the full length of the westerly
boundary of said Lot; then proceeding easterly a distance
of 5.00 feet along the South boundary of Lot P; then
northerly for 25.00 feet; then easterly for 2.75feet;
then northerly for 29.45 feet; then westerly for 2.75 feet;
thence northerly 45.54 feet; thence westerly for 5.0 feet
along the northerly boundary line of Lot P, to the point
of beginning, containing approximately 580.9875 square
feet, more or less
which would be in violation of any of the provisions of the
Municipal Code for the City of Aspen. The consent of any party
including the City of Aspen, shall not be arbitrarily or un-
reasonably withheld.
2. Enforcement and Remedies. These covenants may be
enforced at any time by the City of Aspen, or by the Town -
site of Aspen, or by the owner of Lot 0, Block 43, City and
Townsite of Aspen. These covenants shall be enforceable by
proceedings for a prohibitive or mandatory injunction.
-2-
Damages shall not be deemed an adequate remedy for any
violation, but in an appropriate case, punitive damages
may be awarded. The prevailing party in any litigation
shall also be entitled to its attorneys' fees and costs
of the action.
3. Amendment and Termination. These covenants shall
continue to be in full force and effect until January 1,
2005, and from year to year thereafter until amended or
terminated by written instrument executed by the owners
of Lots 0 and P, Block 43, City and Townsite of Aspen, and
by the Board of Adjustment of the City of Aspen. Prior
to January 1, 2005, these Protective Covenants may be
amended or terminated by recorded instrument executed
by the record owners of Lots 0 and P, Block 43, City and
Townsite of Aspen, and by the Board of Adjustment of the
City of Aspen.
4. Paragraph Headings. The paragraph headings in
this instrument are for convenience only and shall not be
considered in construing the restrictions, covenants and
conditions contained herein.
5. Singular and Plural. Wherever utilized herein,
the singular shall be deemed to include the plural, and
the plural shall be deemed to include the singular,
Furthermore, wherever utilized herein the masculine shall
be deemed to include the feminine and the feminine shall
be deemed to include the masculine.
6. Waiver. Waiver or failure to enforce any
restriction, covenant or condition in these Protective
Covenants shall not operate as a waiver of any other
restriction, covenant or condition.
-3-
IN WITNESS WHEREOF, the undersigned have hereunto
set their hands and seals this -7 day of 1982.
� 1
O►Os� O �� � ram!
ALE OTVIN
SALLY,IP TVIN
191/ev-
CITY OF ASPEN,
BOARD OF ADJUSTMENT
By:
-4-
MEMORANDUM
TO: Attorney's Office
Building Department
Engineering Department
FROM: Alice Davis, Planning Office
RE: Doremus/Potvin Subdivision Exception (Lot Split)
DATE: June 30, 1982
Attached is an application submitted by Sally Allen-Potvin, Dale A. Potvin,
and John Doremus (Doremus/Potvin Subdivision Exception (Lot Split) for
property located at Block 43, Lots N. 0, P and Q of Aspen. The proposal
is to split lots N & 0 with an existing dwelling from P and Q. House plans
for Lots P and Q call for a deck which at this time encroaches on the side
yard setback. The applicants have applied to the City's Board of Adjust-
ments and received a variance running the length of the deck for the side
yard setback.
See attached Protective Covenants and Minutes. This item is scheduled for
the August 3 City Planning and Zoning Meeting, therefore, please return
comments by Monday, July 19.
Thank you.
The I,rimI'd poHinn• urlhi. (ur.n •ppn..,-d h., the 7 ' _n-i1^cAL 1S!�fh•
f'nl„r. d.- If— I F.1.,r (•,.u•rr i. u,•w r,l :I� xtl +J � �w � 411
r r r r / u r c !
' 1MIS IS 1 LFII :MSiRt:Ati Ni If w01 L'ti«tAS1GOD, LFSIt, at QP. OiH,R .'J'r'NSFL .yOLtD .•F a:.,b.JF1[D BFFf•AE S'Eti'M6. %-���-���''•-•��
UT�
I RESIDENTIAL AS,!F, C:k.i- X 9161;
CONTRACT TO BUY AND SELL REAL ESTATE
I(S.. !ler's remedy limited to Liquidated Damages) _ February_
I
1. The ur h, ).n.c•••1lve,:as having received from _._La I e_A_ Fet.v:in_ and --.___ --- —
_ Sally_Allen-i _>tvin -_nd mac;.n Dore;nus _ the sum ofS10a000x��_—,inthe fo:mof it
two personal cliecksa_��� ,to be held by FITl_(:FRAL.D REAL ESTATE CO.
broker, in broker's escrow or trustee account, as earnest money and part ,'ayment for the following descrited real
rs:ate in the _ Aspen "Fen Pitkin County of _ � .__.—_—._ , Co1c•rado, to w•it: �.
Lots N, 0, P avid Q, Block 43, City of ts.pen, Colorado
together with all improvements thereon and all fixtures of a permanent nature currently on the premises except as I'
hereinafter provided, in their present condition, ordinary wear and tear excepted, known as No. 320
1
1•:est Bleeker Street, Aspen, Colorado 81611,and hereinafter called the Property. i
IStreet Addreaa, City. Zip) �
2. Subject to the provisions of paragraph 17, the undersigned person(s) Dale A. Pots*in and Sal lv
Allen—Potvin and John Doremus — (/a ��ri� /Flly�lterantsinc.mm.n). �
hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned ow'ner(s), hereinafter calved {
Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 1
000 , 0 1
3. The purchase price shall be U.S. $ 465 � f1[1 F)O , payable as follows: E10, _ ereby recei pied for; j
$160,000.00 payable by cashier's or certified check upon
delivery of deed. Purchasers shall execute their note I+
and first lien deed of trust payable to Seller in the
amount.of $295,000.00 and payable in monthly installments
of principal and interest of $3076.25 at the rate of 12% i
per annum. The remaining unpaid balance of principal and
earned interest shall be due and payable on or before the-vnt' 1�
third anniversary of execution of said note. purchasers I'
shall have the privilege of prepayment of any amount at
any time without penalty. Each party agrees to pay their
own closing costs.
4. Price to include any of the following items currently on the Property: lighting• heating, plumbing, ventilating,
and central air conditioning fixtures; attached Ty antennas andior water softener (if owned by Seller); all outdoor
plants, window and porch shades, venetian blinds, storm windows, storm doors � Greens, curtain rods, drapery rods,
attached mirrors, linoleum, floor tile, awnings, fireplace screen and gratefb in kitchen appliances, wall-to-wall
carpeting, washer and dryer, and all furnishings listed in inventory on file with
Fitzgerald Real Estate.
�1 all in their present condition, conveyed free and clear of all taxes, liens and encumbrances except as provided in I
paragraph 11; provided, howevcr, that the following fixtures of a permanent nature are excluded from this sale: )`one
ly
II
Personal property shall be conveyed by bill of sale. 1
5. if a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a) I
�) apply for such loan, (b) execute all documents and furnish all information. and documents required by the lender, and
i N/A
(c) pay the customary costs of obtaining such loan. Then if such loan fs :,c•t approved on or before
19_, or if so approved but is not available at time of closing, this contract shall be null and void and all payments h nd
things of value received here-undcr s1,e11 be returned to Purchaser.
I�
.f
G. If a note and trust deed or mort)!ilize is to be assumed. Purchaser agree.; to apply for a loan assumption 1f
required and agrees to pay (I) a loan transfer fee not to exceed b N/A and (2) an interest rate
not to exceed per annum. Ifthe loan to be assumed has provisions for a shared equity or variable
interest rates or vari:.We payments, this contract is conditioned Lpor, Purchaser reviewing and consenting to sue`
provisions. If the lender's consent to a ]oan assumption is required, this contract is conditioned upon obtaining such
consent without change in the terms hnd condition, of such loan except as herein provided.
ldJ,!dJW'Alk•l-ir''3/-AV'YV./I TiNVY AM? fit/ fYIIIrry'yYi'�1'�;^t'�i
�,<'�%�:F����>�r�(Y���j;�•r'��y'.r,,.�tft��;'rr�����r/�I����r>' 1:
8. Cost of any appraisal for loan pturpses to be obtained after this date s ial! be paid by N/A
9. An abstract of title to the Prt:i;erty, certified to date, or a eurrvnt cu:nmatinent fur title insurance policy in an
amount equal to the purchase price, a; Seller's option and expenhe, shall be furnished to Purchaser on or before
Feb Tv 31'y Z , 1t) S_—. l.` SeGer elects to furnish said tiae insurance commitment, Seller will
deliver the title insurance policy to Purchiuer after closira; and pay the premium thereon.
II 10. The date of closing shall he the date for delivery of deed as provided in paragraph 11. The hour and pla,'e of
!I closing shall be as designated byTlE_F_ YLl�_RF.AL_ESTATE_CO:Ii�2�Y__— _.
I1. Title shall be merchantable in Seller, except as stated in this f-:araa;raph and in paragraphs 12 and 13. St.hject
to Payment or tender as above provided anti can:plsince by Purcha=rr -Aith the other tt r.rs and provisions hereof.
Selzer s}:all exec to and de!i%er a ;fun.+ and sufficient �^.oral warranty deed to Purchaser on
ch 5 _ 1682__, or, by mu*,,;al .,gret•:nrnt, a; ar. earlier date,conveying the Prnperty frut, and
clear orall tars, except the general taxes for :'tie j'rar of ciusirig. and except . --- —. �a _—_._ — -- ____,
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether
assessed or not; free and clear of all F.._ns and encumbrances except None .
I�
except recorded and or apparent ease:ncnts for telephone, electricity-, water, sanitary sewer, and easements Ur
of record which does not effect the title,
except the following restrictive covenants which do not contain a right of reverter: hone
1
and subject to building and zoning regulations.
12. Except as stated in paragraphs 11 and 13. if title is not merchantable and written notice of defect(s) is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing. Seller shall use reasonable
�I effort to correct said defects) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of
t closing
, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the
date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph
13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shall be
void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
13. .any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this
transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness
secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
j 14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid
rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and
any special assessments shall be apportioned to date of delivery of deed.
15. Possession of the Property shall be delivered to Purchaser or. delivery Of deed
! subject to the following leases or tenancies: subject to present lease which is a month to
I
t month lease.
i
i
If Seller fails to deliver possession or the date herein specified, Seller shall be subject to eviction and shall be liable for
r a daily rental of $ 150 _ 00 until possession is delivered.
16. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of
I� -not more than ten percent of the total purchase price. Seller shall be obligated to repair the same before the date
i I herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the
damages exceed such sum, this contract may be terminated at the option of Purchaser and all payments and things of
i
value received hereunder shay! be returned to Purchaser. Should Purchaser elect to carry out this contract despite
such damage, Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not
,I exceeding, however, the total purchase price. Should any fixtures or services fail between the date of this contract
I) and the date of possession or the date of delivery of deed, whichever shall be earlier, then Seller shall be liable. for the
repair or replacement of such fixtures or services with a unit of similar size, age and quality, or an equivalent credit.
17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment
due hereunder is not paid, honored or tendered when due, or if any other oLligation hereunder is not performed as
herein provided, there shall be the foilo•xing remedies:
(a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be
forfeited by Purchaser and retained on behalf of Seiler and both parties shall thereafter be released from all
obligations hereunder. It is agreed that such payments and things of value are LIQI- I I1ATF.D DAMAGES and
(except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY F.E.%lEIl1' for the Purchaser's
failure to perform the obligations of this contract. Seller express:y wai•: es the remedies of specific performance
and additional daniages.
(Li IF SELLER IS IN DEFAULT. (1) Purchaser may elect to treat this contract as terrnir.ated, in which case
all pit) m nts and things of value received hereunder shall be rettrned to Purcha>er and Purchaser pray recover
such dxn:;:gee as may Ie prober, or t'21 Purchaser may elect to treat this contract as being in full force and effect
and I'urcha�vr shall have the right to an action for specific performance or damages, or both.
W Ar}:h!r.}: to the contrary her.•:r. nutxithslanding, in the e%t.nt of any litij!ation arising out of this
con:: act, tine court Ina% axard tt: t)•e pi -va:lmg party all r,•asnr.ab:e CLII-A and expense, including attorneys' fees.
1S. I'urcl_e er and sei:vr ai:rr e tl.at, in the event of any controver.c r vg.a tlirig the earnest money held by broker,
un!es, rnutu:tl a.: •,ten ir,�.tructiun i, rt coivr,? by 1•ruk,•r, br„l.t•r shall n„t I„• rt•,luired to take any action but mn_: a« it
any proceedrr:r. or at lit ukt r'b npti,ni and discreti•rn, rn:a:i inter i,lv:v! ari.: nn,rar}:, or 'Lings of value into court and may
recoy er court et,.ts and rra:.,,nab:t• at t„r nay:.' ft•v,.
I
19. Additional pruvisions.
1. This contract is contingent upon Purchasers receiving, an improvement 'I
survey that satisfies the Purchasers as to their ability to have Lots I
Block 43, City of Aspen, sp:it from Lots P and Q, Block 43, City
N & 0, ,i
of Aspen. Buyers have until February 19, 19F2 to meet or wive this
I�
1j
contingency.
2• Seller- a;,rers that upon Purc`asers recevina-,pproval from
the •Cite of As;�cn for the so, ----+ration of Lots IN and 0,
Block. 43, Cite of A,:,pen frolr I.(-)ts P and Q, Block 43, City
of Aspen they will substitute the existing :vote and Deed of
irust, at its remaining balance, for a Note and Deed of Trust
secured b-% Lots N and 0, Block 43, City of Aspen in the
approximate amount of 56 0 of th;s rc-7_aining ibalance to be
executed by Dale A. Potvin and Salle Allen-potvin and a ',rote
• and Deed of Trust secured by Lots P and Q, Block 43, Cite of
Aspen insthe approximate amount of 445o of this remaining.balar
f� to -be executed by John Dore,-.-,.,S. Seller agrees to allow
either of these Notes or Deed of Trusts to be assured b-,- a
IIII qualifed buyer.
if 3. This contract is expressly contingent upon the closing of the contract
dated December 31, 1981.on Unit i'1, Alpine Acres SUDdivision, between
Dale A. Potvin, Seller and James E. Snelson, Purchaser.
4. Purchasers agree to pay a Real Estate Transfer Tax to the City of Aspen
at closing.
5, it is understood that Dale A. Potvin and Sally Allen-Potvin and
John Doremus are licensed real estate agents in the State of
Colorado. first by te]e^ram, by Februaxv 9 1982
20. If this proposal is accepted by Seller innttng and Purchaser recei es notice of such Acceptance on or before
Fe. ruary 12 , 198*2_, this instrument shall become a contract between Seller and Purchaser and Shall
inure to the benefit of the heirs, successors and assigns of such parties, except as stated in paragraph 7.
f 7 / THE REAL ESTATE BROKERS
2 82
11�C� (L�J,�, •.J ��:lGf: lC�. /=Z` Broker
Date
irM' A. P tvin & Sally Allen-Potvin
+ < t
2/7/82
Puma/ Dglt otvin
John Doremus
urchaser'sAddress Potvin-Box 575 Aspen, Co. Doremus 608 East Hvr an Asrien, Co.
�G
(The folloning section to be completed by Seller and Listing Agent)
21. Seller accepts the above proposal this th day of Febru_ary 19 82 , and agrees
to pay a commission of six (6) 17c of the purchase price for services in this transaction, and agrees that, in
the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall
I be divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the
1, balance to Seller.
Fhsn: Western Union
Date: 2/9/S2
Fran: Fultz
6000 Western Place, Suite 111
Fort Worth, TX 76107
1 accept the tei-vs of'the Potviri-Dominls contract of 2/7/S2 as written p_'r
telephone discussion of 2/9/82, except 36 month payrrlent t.ert:s on note to be
&, an g d to 30 r►')n t' h.
Closing to be on or before 3/5/82.
Dale Potvin, Sally Allen-Potvin, John Doremus
Box 575
Aspen, CO 81612
April 14, 1982
Planning & Zoning
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Dear Sir:
We have applied to the Variance Committee to receive approval for
a variance on side yard set back on Lots N, 0, Block 43, City
of Aspen.
Because the Variance Committee is not meeting, we cannot receive
this approval prior to applying for a lot split.
We would like to proceed forward with the lot split application.
We agree to abide with the Variance Committee decision on this
matter.
Sincerely,
D le otvin
SallyAllen-Potvin
jhn
DP:pb
MEMORANDUM
TO: Alice Davis, Planning Office
FROM: Jay Hammond, Engineering Department
DATE: July 20, 1982
RE: Doremus/Potvin Lot Split
----------------------------------------------------------------
Having reviewed the above application for subdivision exception
of a lot split, and having made a site inspection, the Engineering
Department has the following comments:
1. For purposes of recordation, the lot split plat should
be standard size 24 inches by 36 inches.
2. The plat should be amended as follows:
a. Title as lot split.
b. Indicate area of Lot P restricted from development
by Board of Adjustment.
C. Clearly indicate N, 0 and P, Q as seperate ownerships.
d. All approval and recordation certificates.
3. Both parcels created should be required by covenant to
join a sidewalk improvement district should one be created in the
area.
JWH/co
I�
i{ PROTECTIVE COVENANTS
I
�I
j WHEREAS, improvements were constructed upon Lot O,
by the owners of Lot 0, Block 43, City and Townsite of
Aspen, County of Pitkin, State of Colorado (hereinafter
j referred to as "Lot 0"), and
II
IWHEREAS, these improvements, as built, violate the
minimum sideyard" requirements presently in effect in
the City of Aspen, as set forth in Section 24-3.4 of the
Aspen Municipal Code, and
WHEREAS, the owners of Lot 0 are desirous of main-
taining those improvements, and at the same time, are
desirous of dividing Lot 0 from Lot P, Block 43, City
iand Townsite of Aspen, County of Pitkin, State of Colorado
jl (hereinafter referred to as "Lot P"), and
i'
WHEREAS, it is required as a condition for the
I exemption from t � P he full subdivision procedures, as
Idefined in the Municipal Code for the City of Aspen, that
permission of the Board of Adjustment of the City of Aspen,
I
in the form of a variance, from the aforedescribed "minimum
sideyard" requirements be obtained for the maintenance of
the above described improvements on Lot O, and
II WHEREAS, the Board of Adjustment of the City of Aspen
is desirous of granting this variance upon the.conditions
�that the owners of Lot 0 and Lot P adopt covenants affecting
i Lot P which prohibits the cons
truction of any type of
�I improvements upon certain portions of Lot P,
I
40 I NOW, THEREFORE, the undersigned being the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen, hereby
I�
'I
I
adopt the following covenants for the benefit of the owners of
lots 0 and P, Block 43, City and Townsite of Aspen, and for the
benefit of the City of Aspen.
1. No Building. For such time as the deck exists on Lot
0, and for so long as it violates the "minimum sideyard" require-
ments, on the boundary between Lot 0 and Lot P, as deinfed in
Section 24-3.4, of the Aspen municipal Code, in effect within
the City of Aspen, or until such time as the written consent
of the Board of Adjustment and the owner of Lot 0, Block 43,
City and Townsite of Aspen, is given, or until such time as the
ordinances in effect in the City of Aspen are modified so that
the aforementioned deck is no longer in violation of any
"minimum sideyard" requirements, there shall be no improvements
constructed on that portion of Lot P, Block 43, City and Town -
site of Aspen, more particularly described as follows:
Beginning at a point on the north westerly corner
of Lot P, and proceeding the full length of the westerly
boundary of said Lot; then proceeding easterly a distance
i of 5.00 feet along the South boundary of Lot P; then
northerly for 20.00 feet; then easterly for 2.75feet;
then northerly for 39.45 feet; then westerly for 2.75 feet;
thence northerly 40.54 feet; thence westerly for 5.0 feet
along the northerly boundary line of Lot P, to the point
of beginning, containing approximately _608.49 square
feet, more or less
i
which would be in violation of any of the provisions of the
Municipal Code for the City of Aspen. The consent of any party
including the City of Aspen, shall not be arbitrarily or un-
reasonably -withheld.
2. Enforcement and Remedies. These covenants may be
enforced at any time by the City of Aspen, or by the Town -
site of Aspen, or by the owner of Lot 0, Block 43, City and
Townsite of Aspen. These covenants shall be enforceable by
proceedings for a prohibitive or mandatory injunction.
-2-
wY '
Damages shall not be deemed an adequate remedy for any
violation, but in an appropriate case, punitive damages
may be awarded. The prevailing party in any litigation
shall also be entitled to its attorneys' fees and costs
of the action.
3. Amendment and Termination. These covenants shall
continue to be in full force and effect until January 1,
2005, and from year to year thereafter until amended or
terminated by written instrument executed by the owners
of Lots and P, Block 43, City and Townsite of Aspen, and
by the Board of Adjustment of the City of Aspen. Prior
to January 1, 2005, these Protective Covenants may be
amended or terminated by recorded instrument executed
by the record owners of Lots 0 and P, Block 43, City and
Townsite of Aspen, and by the Board of Adjustment of the
City of Aspen.
4. Paragraph Headings. The paragraph headings in
this instrument are for convenience only and shall not be
considered in construing the restrictions, covenants and
conditions contained herein.
5. Singular and Plural. Wherever utilized herein,
the singular shall be deemed to include the plural, and
the plural shall be deemed to include the singular.
Furthermore, wherever utilized herein the masculine shall
be deemed to include the feminine and the feminine shall
be deemed to include the masculine.
6. Waiver. Waiver or failure to enforce any
restriction, covenant or condition in these Protective
Covenants shall not operate as a waiver of any other
restriction, covenant or condition.
-3-
IN WITNESS WHEREOF, the undersigned have he eunto
set their hands and seals this day of ,
1982.
J DOREMUS
s ti�
ALE OTVIN
S LLY LEN-POTVIN
CITY OF ASPEN,
BOARD OF ADJUSTMENT
PROTECTIVE COVENANTS
WHEREAS, improvements were constructed upon Lot 0,
by the owners of Lot 0, Block 43, City and Townsite of
Aspen, County of Pitkin, State of Colorado (hereinafter
referred to as "Lot 0"), and
WHEREAS, these improvements, as built, violate the
"minimum sideyard" requirements presently in effect in
the City of Aspen, as set forth in Section 24-3.4 of the
'i
�I Aspen Municipal Code, and
it
WHEREAS, the owners of Lot 0 are -desirous of main-
taining those improvements, and at the same time, are
i
desirous of dividing Lot 0 from Lot P, Block 43, City
and Townsite of Aspen, County of Pitkin, State of Colorado
i
(hereinafter referred to as "Lot P"), and
I�
I� WHEREAS, it is required as a condition for the
I exemption from the full subdivision procedures, as
i
�j defined in the Municipal Code for the City of Aspen, that
I! permission of the Board of Adjustment of the City of Aspen,
in the form of a variance, from the aforedescribed "minimum
sideyard" requirements be obtained for the maintenance of
the above described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen
I
�I is desirous of granting this variance upon the conditions
that the owners of Lot 0 and Lot P adopt covenants affecting
Lot P which prohibits the construction of any type of
improvements upon certain portions of Lot P,
I�
NOW, THEREFORE, the undersigned being the owners of
Lots 0 and P, Block 43, City and Tow LJ/nsite of Aspen ereby
OL `-hM C
0
•
adopt the following covenants for the benefit of the owners of
lots 0 and P, Block 43, City and Townsite of Aspen, and for the
benefit of the City of Aspen.
1. No Building. For such time as the deck exists on Lot
0, and for so long as it violates the "minimum sideyard" require
ments, on the boundary between Lot 0 and Lot P, as deinfed in
Section 24-3.4, of the Aspen Municipal Code, in effect within
the City of Aspen, or until such time as the written consent
of the Board of Adjustment and the owner of Lot 0, Block 43,
City and Townsite of Aspen, is given, or until such time as the
ordinances in effect in the City of Aspen are modified so that
the aforementioned deck is no longer in violation of any i
"minimum sideyard" requirements, there shall be no improvements
constructed on that portion of Lot P, Block 43, City and Town -
site of 'Aspen, more particularly described as follows:
Beginning at a point on the north westerly corner
of Lot P, and proceeding the full length of the westerly
boundary of said Lot, then proceeding easterly a distance
of 5.00 feet along the South boundary of Lot P; then
northerly for 25.00 feet; then easterly for 2.7 feet;
then northerly for 29.45 feet; then westerly for 2.75 feet;
thence northerly 38.22 feet; thence westerly for 5.0 feet
along the northerly boundary line of Lot P, to the point
of beginning, containing approximately 580.9875 square
feet, more or less
I! which would be in violation of any of the provisions of the
Municipal Code for the City of Aspen. The consent of any party
including the City of Aspen, shall not be arbitrarily or un-
reasonably withheld.
II 2. Enforcement and Remedies. These covenants may be
II enforced at any time by the City of Aspen, or by the Town -
site of Aspen, or by the owner of Lot 0, Block 43, City and
Townsite of Aspen. These covenants shall be enforceable by
I�proceedings or mandatory p for a prohibitive g p injunction.
fI
-2-
MR
Damages shall not be deemed an adequate remedy for any
violation, but in an appropriate case, punitive damages
may be awarded. The prevailing party in any litigation
shall also be entitled to its attorneys' fees and costs
of the action.
3. Amendment and Termination. These covenants shall
e to be in full force and effect until January 1,
2005, a d from year to year thereafter until amended or
ated by written instrument executed by the owners
of Lots and P, Block 43, City and Townsite of Aspen, and
by the Board of Adjustment of the City of Aspen. Prior
to January 1, 2005, these Protective Covenants may be
amended or terminated by recorded instrument executed
by the record owners of Lots 0 and P, Block 43, City and
Townsite of Aspen, and by the Board of Adjustment of the
City of Aspen.
4. Paragraph Headings. The paragraph headings in
this instrument are for convenience only and shall not be
considered in construing the restrictions, covenants and
conditions contained herein.
5. Singular and Plural. Wherever utilized herein,
the singular shall be deemed to include the plural, and
the plural shall be deemed to include the singular.
Furthermore, wherever utilized herein the masculine shall
be deemed to include the feminine and the feminine shall
be deemed to include the masculine.
6. Waiver. Waiver or failure to enforce any
restriction, covenant or condition in these Protective
Covenants shall not operate as a waiver of any other
restriction, covenant or condition.
-3-
•
•
IN WITNESS WHEREOF, the undersigned have hereunto
set their hands and seals this day of ,1982.
JOHN DOREMUS
E P T
SALLY POTVIN
CITY OF ASPEN,
BOARD OF ADJUSTMENT
By:
-4-
RECEPTION NV: 2,46191
DATE: 12,115/A2
sm: 14 2
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PRJP,:-'Y DESCRIP�IIIN• tnt% V-n, nlr,r* 41 AWM Citv of
TIME' 2:271-1
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PR07.ECT E COVENANTS
WJK 437 , t 39"
6711REAS, improvements were toutructed upon Lot 06 by the v:ners o:
Lot 0, block 43. City and Tou.'ti+.1te of Aspen. County of Pttkio, !;tote of
Colorado (here'nafter referred to as "Lot 0"), and
t
S YMERW , these lmprovewents, as built, violate the "m!rimum s1 .•ward"
requirements presently in effect in the City of Aspen, as e,•t forth in
Sections 24-3.4 of the Aspen Municipal Code, and
WMEREAS. the owners of Lot 0 are desirous of melntairing tht, improve-
umtts, and at the seats ties, are desirous of dividing Lot 0 from Lot P, Block
43, City and Townsite of Aspen, County of Pitkin, Stott of Colorado (herein-
after referred to as Lot P"), and
HNERLAB, it is required as a condition for the exemption from the full
suldivlslom procedures, as defined in the Municipal Code for the City of Aspen,
that permission of the board of Adjustment of the City of Aspen, in the form of
a variance, from the aforedeacribed 'minimum sideyard" requirements be obtained
for the maiateuance of the above -described improvements on Lot 0, and
K
WNZRBAS, the Board of Adjustment of the City of Aspen IF desirous of '
granting this variance upon the conditions that the owners of Lot 0 and Lot P t
i
adopt covenants affecting Lot P which prohibits the construction of any type
f of improvements upon certain portions of Lot P.
Nt7M, TMEFORE, the undersigned being the owners of Lots 0 and P. block
43. City aid Townsite of Aspen, as a condition of the variance granted by the
a
Cit) of Aspen Board of Adjustment on May 27 , 1982. hereby adopt
the following covenants for the benefit of the rnmers of Lots It and P, Block
43, City and Townsite of Aspen, and for the benefit of the City of Aspen.
I. Me building. For such time as the dock exists on Lot 0, and for so
long as It violates the "nininum sideyard" requirements, on the boundary
►etwees Lot 0 and Lot P. as defined in Section 24-3.4, of the Aspen Municipal
Code, in affect within the City of Aspen, or until such tits- a• the written
consent of the board of Adjustment and the owner of Lot 0, bl-ck 43, City ad
Townsite of Aspen, to given, or until such tins as the ordinances in effect in
the City of Aspen are modified so that the aforementioned deck it no longer in ,
N
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violation of any "minimum •ide.%ard" regninme•nta, :here shill be no fr.prove-
m►•nts constructed on that portion of Lot P. Block 43, (•itv .urd To%..neite of
Aspen, more particularly dexcribed ea follows:
Beginning at a point on the north w— terly rurnrr of Lot P,
and proceeding the full length of the westerly boundary of raid Lot.
then proceeding easterly a distance of 5.00 feet al,mt• the South
boundary of Lot P1 than northerly for d0.00 feet; thrn easterly for
2.67feetl then northerly for ]9.45 feet; the•u westerly for 2.67 feet;
thence northerly 40.55 feet; thence westvrly for 5,0 fret along the
northerly boundary line of Lot P, to the point of beginning, con_
talning approximately 605.33 square feet, more or leas,
(See Exhibit "A" attachvd and n.ade a part of this, Protective
Coves, m i t) .
which would be In violation of any of the provisions of the Municipal Code
for the City or Aspen for sidayard setbacks. The consent of any party
including the City of "Pan. shall not be arbitrarily or unreasonably
withheld.
f 2. Enforcement Ana Remedios. These covenants my be enforced at
any
time by the City of Aspen, or by the Townmite of Aspen, or by the owner
6�
of
Lot 0, Block 43, City and Townsite of Aspen. Theme covenants shall be en—
t
forceable by proceedings for a prohibitive or mandatory Injunction.
Damages shall not be deemed an adequate remedy for
any violation, but in an
appropriate ease, Punitive damages may be awarded. The prevailing partv in
any litigation shall also be entitled to Its attorneys' fee% and
M
costa of
3• Amendtsent and Tjrtslnation. There covenants shall continue to be in
full force and effect until January 1, 2005, and from year to year thereafter
iuRtll amended or terminated by recorded instrument executed by the owners of
Lots 0 and P. Block 43. City and Townslte of Aspen, and by the Board of Adjust-
ment of the City of Aspen. Prior to January 1, 2005, these Protective Covenants
ry be amanded or terminated by recorded instrument executed by the record
1
owners of Lots 0 and P. Block 43. City and Townsite of Aspen, and by the Bard
of Adjustment of the City of Aspen.
4• Par %rayh Neadints. The paragraph headings Lo this instrument
are
for ccmvenience only and shall not be considered In construing the restrictions,
covenants and conditions herein.
-2-
� 1
t
0
xvW.• 3W
!• ��OipilU sand tlurgj, Whatever utilized herein, the singular shall
be deemed to ineluds the plural, and the plural shall be dremed to include
the singular, Furthermore, wherever utilized herein the naRculine e:hall be
desasd to include the feminine and the feminine •hall be dee-med to include
the masculiu.
6. W g. Waiver er failure to enforce 4 restriction, covenant or
eomditiem is these Protective Covenants shall not operate as a waiver of any
o!►er restrittlem, eevensot or condition,
1. Im tba crept that any municipal iapcovesent or improvements of a find
eaatompiated is Section 20-16 of the Ihmicipal Code. of the City of Aspen, as
asrmid. become, is the sole Judgment or discretion of the City Council of the
City K AsOem, necessary or desirable to the area of the above -described pro-
MeQ► —mtK will
matte no objection to any spacial assessment or special
tam er pseeeedistg tba»for sm the basis that the property is adequately served
by msimtimg U*rwv mapts and/or on the basis that the promisee will not be
eesvN es benefited by the improvement or improvements
pre pored. Covenantor
fttrtber Kra to Jols- "Pon the demand therefor by the City, any improvement
district farmed for cametrmeti,ou of such improvements (including, without
1U'ItMIM, dta3waM. uodarground utilities, paving. Planting, curbs, gut tars,
stamonllts. street liglta. ate.) in the area of the above -described property or
to ntmburse the City of Aspen directly upon demicad therefor if the City should
ebosee to construct those improvements without the formation of such a district.
.}
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TA M1TNUS WNUZOr, the 3,�437 � .400
undersipn•d have hrrrunt, art th..;r and Nal• We � t
-,- _ day of 1 % ti. 1911_ .
• tvla - --- y
nr �ua.�c�l•
The large !a•trst was acknovled
19SI. WOS Red before me thi• day of
C •�••r far• M Personally.
', l7.1• Potvin and Sally Allen Potvin
Nnonally.
I
Rotary Publie �'"f"�� �.
WSbw86 •4 band and oftlelal seal.
Notary Public
AS 70 YOM t
a •. ty Attar. r
for Colorado
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STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF A "LOT SPLIT"
PURSUANT TO SECTION 20-19 OF THE ASPEN, MUNICIPAL CODE
WHEREAS, John Doremus, Dale Potvin and Sally Allen-Potvin
(hereinafter "Applicants"), are the owners of a parcel of real
property (and the improvements thereon) situated in the City of
Aspen, Pitkin County, Colorado, more particularly described as
follows:
Lots N, 0, P and Q, Block'43, Original Aspen Townsite,
City of Aspen, County of Pitkin, State of Colorado;
also described as being in the 300 block of West Bleeker Street.,
Aspen, Colorado; and
WHEREAS, applicants have requested an exception from the full
subdivision process for the purpose of a "lot split" of the sub-
ject property, pursuant to Section 20-19 of the Aspen Municipal
Code; and
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of October 5, 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 at its meeting of October 25, 1982,
determined that the applicants' request for such exception was
appropriate and granted said request, subject, however, to certain
conditions (including compliance with the ruling of the Board of
Adjustment at its meeting of May 27, 1982);
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the applicants' request for exception from the full
subdivision process for the purpose of a "lot split" of the sub-
ject property is proper and hereby grants an exception from the
full subdivision process for such "lot split", pursuant to Section
20-19 of the Aspen Municipal Code, as amended;
PROVIDED, HOWEVER, that the foregoing exception of the
division of Lots N, 0, P and Q, Block 43, City and Townsite of
Aspen, into two parcels, namely, Lots N and 0, and Lots P and Q,
is e):pressly subject to the following conditions: (1) that the
exception plat of the lots be amended to include a title of "lot
split", an indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance approval,
clear indication of N and 0 and P and Q as separate ownerships,
and all approval and recordation certification; (2) that the lot
split plat be 24 inches by 36 inches, the standard for recording;
(3) that both parcels created be required to covenant to join a
sidewalk improvement district should one be created in. the future;
(4) that the requirements of the variance granted by the Board of
Adjustment [at its special meeting of May 27, 1982] be met; and
(5) that the protective covenants [required to satisfy condition
(3) above, and the variance requirements, which covenants are
found in Book 437 at Page 397 in the record of the Pitkin County
Clerk and Recorder] be filed in a form approved by the City
Attorney's office.
�
Dated this /-�I � day of
ATTEST:
William L. Stirling, Mayor
as LCJ LVLllt;
1983.
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
Purposes of a "lot split" was considered and approved by the Aspen
City Council at its regular meeting held October 25, 1982, at
2
which time the Mayor was authorized to execute the same on behalf
of the City of Aspen.
STATE OF COLORADO )
ss.
County of Pitkin )
Kathryn, Koch, City Clgrk��
The L-. egoing instrument was acknowledged before me this'ZIX-)
day of l — , 1983, by William L. Stirling
as Mayor and dathryn S. Koch as City Clerk of the City of Aspen,
Colorado.
WITNESS MY HAND AND OFF CI" SEAL.
'Z // l
My commission expires: �'(/1L./cJ�
u tk,
ota y I
jublic
16d�d re s
3
lar Meeti
CitY Council
October 25, 1982
UPDATE ON HUMANE SOCIETY
Lisa Russell, animal control director, told Council they are trying to get better organi
The Humane Society has about $1,000 in the bank. They plan a rabies clinic. They have
a steady income from Shaklee products, 10 per cent of the gross goes towards the Humane
society. The Humane Society plans neutering projects next year and a humane education
program. Councilman Knecht said Ms. Russell has done an incredible job getting the
Humane Society together. ;
LIQUOR LICENSE TRANSFER - The Ritz
Steve Bolerjack and Jon Kosh, owners of the Ritz, were present and told Council they hop
to open December 15. The Ritz will be serving lunch and dinner. The space will be most
restaurant with a small bar. They will serve a combination of American and European
food. Kosh and Bolerjack also own Paddy Bugatti's.
Councilman Knecht moved to approve the transfer of Bici Cbmis liquor license to B.K
Restaurants Ltd d/b/a The Ritz; seconded by Councilman Collins. All in favor, motion
carried.
LIQUOR LICENSE TRANSFER - The Moodstone
Spencer Schiffer told Council the corporation applying for the license is Vacation
Restaurant Resorts Inc., which is owned by Vacation Resorts Inc. The woodstone is owned
by Resort Hotel Development, which is also owned by VRI. This is an application for
transfer of The Anchorages they plan to have the same restaurant operation, to have a
bar in the lobby, and to be able to have room service. The principles are John Platt an
Bob Johnston.
Councilman Knecht moved to applvove the transfer of the liquor license from The Anchoraae
to Vacation Restaurant Resorts Inc. d/b/a The woodstone= seconded by Councilman Parry.
All in favor, motion carried.
REPRESENTATIVE FOR TRANSPORTATION AGENCY
Mayor Pro Tem Michael said the consolidation of the bus departments is at a crossroads.
The county is fully backing consolidation; they have the most to gain. The city is
still interested with reluctance to any reducation in service. Snowmass still has a
number of questions to resolve; they do.not want to give the power to run their system
over to anyone else. A five member transit agency is being formed for the next two
months to work on final decision. They will get reports from the attorneys on the Leval
steps that have to be taken. Mayor Pro Tem Michael said a representative from the Counc
is neeced to be part of the transit agency. Councilman Parry said he would serve on the
transit agency. Nancy Van Domelin and Bob Kevan have been on the committe throughout
and have indicated their interest.
SUBDIVISION EXCEPTION - Potvin/Doremus
Alan Richman, planning office, told Council this is a straight forward lot split. It
meets all the requirements of the Code criteria; only two new parcels are being created
and there is an existing dwelling on one of the parcels. The existing deck protrudes
into the setback. The applicant went to the Board of Adjustment and got a variance.
The planning office and P i Z recommend approval with some minor conditions. The
assistant city attorney requests inclusion of the protective covenants be approved by
the city attorney.
Councilman Knecht moved to approve the Potvin/Doremus lot split with the conditions; (1)
the plat should be amended to include the following: a title of lot split; indication of
the area of lot P which was restricted from development by the Board of Adjustment's
variance approval; clear indication of N, O and P, Q as separate ownerships; all
approval and recordation certification; (2) the lot split plat should be the standard
required size of 24 inches by 36 inches for the purposes of recordation; (3) both parcel:
created should be required by covenant to join a sidewalk improvement district should
one be created in the future; (4) the requirements of the variance granted by the Board
of Adjustment must be met; (5) the protective covenants be filed in form to be approved
by the city attorney's office; seconded by Councilman Parry. All in favor, motion carri(
ORDINANCE #50, SERIES OF 1982 - Election Times
Mayor Pro Tem Michael opened the public hearing. Mayor Pro.Tem Michael said this ordina;
will allow elections only in January, February, Mary, May every other year, July, Auqust
September, November and December or other regulation election time.
Bill Martin, representing All Citizens Action Committee, told Council they have discusse(
Ordinance #50 and find the language so loosely written it does not come close to the
intent of ACAC, which is to restrict the number of special election. Martin outlined
past special elections and the voter turn out; February 1980 - 293; January 1982 - 324;
June 1982 - 292. In the general election of November 1980 there were 1765 and in the
city's regular election of May 1981 there were 1300 voters. Martin told Council that
ACAC will not withdraw their support of the county amendment. If this passes, ACAC
will file petitions in the city for minimum voter turn out.
Martin requested an amendment to Ordinance #50 stating there will only be two elections
a year and any special election will be held on Sundays. Councilman Knecht said an
amendment requiring a certain amount of voters to turn out, gives everybody that does
not bother to go to the polls a "no" vote automatically. Councilman Knecht said there
is no way to force people to go out and vote. The simple majority is the only way to go.
DRAFj
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF A "LOT SPLIT"
WHEREAS, John Doremus, Dale Potvin and Sally Allen-Potvin
(hereinafter "Applicants"), are the owners of a parcel of real
property (and the improvements thereon) situated in the City of
Aspen, Pitkin County, Colorado, more particularly described as
follows:
Lots N, 0, P and Q, Block 43, Original Aspen Townsite,
City of Aspen, County of Pitkin, State of Colorado;
also described as being in the 300 block of West Bleeker Street,
Aspen, Colorado; and
WHEREAS, applicants have requested an exception from the full
subdivision process for the purpose of a "lot split" of the sub-
j ect property -end --
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of October 5, 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 at its meeting of October 25, 1982,
determined that the applicants' request for such exception was
appropriate and granted said request, subject, however, to certain
conditions (including compliance with the ruling of the Board of
Adjustment at its meeting of May 27, 1982);
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the applicants' request for exception from the full
subdivision process for the purpose of a "lot split" of the sub-
ject property n hereby grants an exception
from the full subdivision process or such "lot split" -
PROVIDED, HOWEVER, that the foregoing exception
of the division of Lots N,
O, P and Q, Block 43, City and Townsite of Aspen, into two parcels, namely,
Lots N and O, and Lots P and Q,.subject to the following conditions: (1) that
the exertion plat of the lots amended to include a title of "lot split,"
an indication of the area of 1 P which was restricted fran development by
the Board of Adjustment's vari ce approval, clear indication of N and O and
P and Q as separate ownerships, and all approval and recordation
certification; (2) that the lot plit plat be 24 inches by 36 inches, the
standard for recording; (3) that both parcels created be required by covenant
to join a sidewalk improvement district should one be created in the future;
(4) that the requirements of the variance granted by the Board of Adjustment
[at its special meeting of May 27, 19821 be met; and (5) that the protective
covenants [required to satisfy condition (3) above, and the variance
requirements be led in a form approved by the City Attorney's officeyaF*;
0
0
itions of approva
Zoning Commission an-d,/dr...the City
Dated this day of
G�
Approved as to form:
Gary S. Esary
Assistant City Attorney
ng
the Planning and
1 and/or the Board of
, 1983.
William L. Stirling, Mayor
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
Purposes of a "lot split" was considered and approved by the Aspen
City Council at its regular meeting held October 25, 1982, at
which time the Mayor was authorized to execute the same on behalf
of the City of Aspen.
w
�t
Kathryn S. Koch, City Clerk
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L 4&r-
P1j- tor Q+b �3
yg1 - SIN
•
STATMWr OF E UNPPION FROM THE DEFINITION OF SUBDIVISION
WHEREAS, John Doremus, Dale Potvin and Sally Allen-Potvin, the owners
of Lots N, O, P and Q, Block 43, City and Townsite of Aspen, in Pitkin
County, Colorado, made written application to the City of Aspen on February
17, 1982, for an exemption from the definition of subdivision of the
separation of the four said lots into two parcels, the one parcel being Lots
N and O, and the other parcel being Lots P and Q; and,
WHEREAS, upon proper recommendation of the Planning and Zoning
Commission of the City of Aspen to the City Council of the City of Aspen, the
City Council, at its regular meeting of October 25, 1982, and as properly
reflected in the minutes of that meeting, determined that the subdivision of
the property into the two parcels as stated above was not within the intent
and purpose of the subdivision ordinances set forth in Chapter 20 of the
M►inininal code of the Citv of Aspen. and by motion approved the application
WHEREAS, the City Council of the City of Aspen did validly determine
and approve an application for a determination that the above said division
of land was not within the intent and purpose of the subdivision ordinance
and did, for such reason grant an exemption from the definition of
subdivision;
THEREFORE, the City of Aspen, issues this certification of the action
recited above, for filing in the land records of Pitkin County, Colorado, as
a record affecting the rights in and to Lots N, O, P and Q, Block 43, City
and Townsite of Aspen, which may be relied upon for all intents and purposes
by all persons.
MNYOR
I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of
Exemption from the Definition of Subdivision was executed by the Mayor of the
City of Aspen on behalf of the City of Aspen.
CITY CLERK
State of Colorado
County of Pitkin
The foregoing instrument was acknowledged before me this
day of , 1983, by William L. Stirling and
Kathryn S. Koch, the mayor and city clerk, respectively, of the
City of Aspen, for the City of Aspen.
Witness my hand and official seal.
My commission expires:
My address is:
Notary Publ
•
ASPEN/PITKIN PLANNING OFFI� .
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION
FEES
City 1 — 1 '-)
`63721
00113 -
47331
52100 GMP/CONCEPTUAL
63722
47332
52100 GMP/PRELIMINARY
63723
47333
52100 GMP/FINAL
63724
47341
52100 SUB/CONCEPTUAL
63725
47342
52100 SUB/PRELIMINARY
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/PRELIMINARY
63713
47333
52200
GMP/FINAL
63714
47341
52200
SUB/GENERAL
63715
47342
52200
SUB/DETAILED
63716
47343
52200
SUB/FINAL
63717
47350
52200
SPECIAL REVIEW
63718
47350
52200
REZONING
63719
47360
52200
SPECIAL APPROVAL
PLANNING OFFICE SALES
00113 - 63061
09100
52200
63063
09100
52200
63062
09100
52300
63066
09100
52300
63069
09100
SUB -TOTAL
COUNTY CODE
ALMANAC
GMP
COPY FEES
OTHER
SUB -TOTAL
TOTAL
Name: 4. - Phone:
Address: Project:
Check No. Date:
Additional Billing: No. of Hours: