HomeMy WebLinkAboutcoa.lu.ec.Clarendon Subd.1986
STATEMENT OF EXCEPTION FROM STANDARD
SUBDIVISION REQUIREMENTS OF THE
CITY OF ASPEN
This Statement of Exception to the Standard
Requirements of Chapter 28-19 of the City of Aspen Code is
made for purposes of making a record of the subdivision
exceptions and approvals for amendments to the Clarendon
P.U.D. Condominium.
1. The owners of Units 6, 7 and 8 and a majority
of the owners of the Clarendon Condominiums filed an
application for amendment of the Clarendon Condominiums
P.U.D. plan to add three bedrooms to the 37 existing
bedrooms in the 15 units.
2. At the time of the filing of the Application
for Amendment of the P. U. D. plan, the ratio of parking
spaces to existing bedrooms was .67, which is a variance
from the normal requirements under the Code Section
24-8.17(a) and 24-4.5 requirements of one parking space per
bedroom authorized under Section 24-8.3(a).
3. Under the authority of Sections 20-19(c) and
24-8.3(a) on September 27, 1982, the City granted the
requested amendment to the P.U.D. of the Clarendon
Condominiums to authorize the additional three bedrooms and
required as a condition the addition of two parking spaces
in order to continue the same ratio of .67 parking spaces
per bedroom.
4. The amendment to the P.U.D. plan was granted
by authority of Section 24-8.26(b) on the basis that, at the
time of the original approval, the project was owned by the
original developer and the change in condition occurred as
the units had been sold to individual owners and there had
been a substantial increase in the family size and further
on the basis that there are no F.A.R. limits or restriction
on unit size in the R-6 zone.
5. The Clarendon Condominium Association
requested a further amendment to the P. U. D. plan of the
Clarendon Condominiums to add one employee housing unit
based on the change in condition that most of the
condominiums were now owned by non-residents (only one of
the fifteen units is occupied full time), which had created
the need to have an on-site employee for security purposes
and maintenance for the absentee owners.
6. The City Council on July 24, 1984, approved
the P.U.D. amendment under Section 24-8.26(b) for the
addition of one employee housing unit to be deed restricted
for rental to low to moderate income employee guidelines as
promulgated from time to time by the Aspen/Pitkin County
Housing Department and granted an exception from any further
parking requirements under authority of Sections 20-19 (c)
and 24-8.3(a) and granted an exemption from G.M.P. upon a
condition that the permanent certificate of occupancy for
the employee unit should not be granted until the actual
construction of the two additional parking spaces that had
been required with the approval of September 27, 1982, and
that an amendment to the plat page 1B be prepared showing
the location of the total of 27 parking spaces.
Dated:
, 1986.
ASPEN CITY COUNCIL
BY~' / ~.-X'
Mayor U
ATTEST:
~~d~
City C1 k
-2-
o.~^,~_,.,..,...._.__"~_~,__,.,~"__~~~____~""O". ..
It
EXHIBIT A
DECLARATION OF COVENANTS, RESTRICTIONS
AND CONDITIONS RE:
EMPLOYEE HOUSING DEED RESTRICTION
FOR CLARENDON CONDOMINIUMS
WHEREAS, The Aspen City Council on May 14, 1984, and
July 23, 1984, approved an amendment to the Clarendon
Condominiums P.U.D. to allow the addition of an employee
unit described in the application therefor conditioned upon
such unit being deed restricted to low and moderate income
guidelines.
WHEREAS, such employee housing has been constructed and
the location thereof is shown on Sheet 1B of 4 on the Second
Amended Condominium Map of the Clarendon Condominiums
located between the general common element pool and the
general common element parking lot.
NOW, THEREFORE, the Clarendon Condominium Association,
as the owner of the general common elements of the Clarendon
Condominiums by its Board of Directors under the authority
contained in Section 4.1
et ~.
of the Condominium
Declaration for the Clarendon Condominiums recorded in
Book 319, page 415, hereby covenants and agrees with the
City of Aspen that the common element employee housing unit
as shown on Sheet 1B of the Second Amended Condominium Map
of the Clarendon Condominiums is and shall be restricted in
terms of use and occupancy to the rental or sale guidelines
established and indexed at the time of the issuance of the
building permit for the Clarendon Condominiums employee unit
as such guidelines were determined by the City Councilor
its designee for moderate income employee housing units.
Verification of employment and income of those persons
living in the employee unit shall be completed and filed
with the City Councilor the Council's designee by the
Association commencing 30 days following the date of
recording hereof in the records of pitkin County and shall
be filed annually thereafter on the anniversary date
thereof. This covenant shall be deemed to run with the land
as a burden thereto for the benefit of and specifically
enforceable by the City Council of the City of Aspen or its
designee by
any
appropriate
legal
action,
including
injunction, abatement or eviction of any non-complying
tenancy for a period of 50 years from the date of recording
hereof in the records of pitkin County.
BOARD OF DIRECTORS
CLARENDON CONDOMINIUM
ASSOCIATION, INC.
,
.j)/~~/i&.!~
Director
.cLL--9?- -4~~
Di<~xI ~
Director
STATE OF
AN.rEJ"~
~j{I,a
ss.
COUNTY OF
Acknowledged
H/ly , 1985
of the Board of
Association, Inc.
My commission expires: ~c. .i} 19ft
bef
by ,4
Directors
~p~'
day of
as a member
Condominium
arendon
Witness my hand and official seal.
:. :~'~::7~:-:1-~-' "-!
,
.
f
'-.-.'._-...,,-~ ~
,~Lg~/
Nota pu~:nc
- 2 -
, I
~
STATE OF PE;'t5'(LV;',:'!L'\
ss.
COUNTY OF ALLEGHENY
Acknowledged
May , 1985
of the Board of
Association, Inc.
before me this 22nd
by Earl Latterman
Directors of the Clarendon
My commission expires:
June 13, 1985
Witness my hand and official seal.
P~T~~~J, IARDAS, NOTARY PUBLIC
My COMMI~:I~% :~~;;~ENY COUNTY
Member, PennsYlvania k,;:JU/ Nf 1,3,1985
~~ ".d Ion 0 Notaries
STATE OF CI4/.-lrOlflV/rl
N~rr1~
ss.
COUNTY OF SfJAJTrt C/--tlRA
Acknowledged
~.l,^~~ , 1985
of the Board of
Association, Inc.
before me
by riA/Ai f]
Directors of
this 3-vl.
t30WE~S
the Clarendon
My commission expires:
IIr",.} rJ23, j9{i'9
Witness my hand and official seal.
l' -,~ """-"~'<C~'~~"",,",",''-''1
OFFIC!AL SEAL
, V,\lERIE J, MilLS
~" NOTARY PUBUC - CALIfORNIA ~
. SANTA CLARA COUNTY ~
'j,.:c''-'~~'';':v _~y;::: :~~:~ A~ri~:~~;'J
day of
as a member
Condominium
L~ _.L.t.--<7 ~
day of
as a member
Condominium
tI~jAM' r!' ;{ila
Notary Public
- 3 -
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF AMENDING
THE PUD PLAN OF THE CLARENDON CONDOMINIUMS
AND EXEMPTION FROM THE GROWTH MANAGEMENT SYSTEM FOR
ONE (1) EMPLOYEE HOUSING UNIT
WHEREAS, the Claredon Condominiums received subdivision
approval from the Aspen City Council on September 22, 1975,
and a reapprova1 on January 26, 1976. A first amendment to
the PUD plan was approved on September 23, 1980. The Subdi-
vision Agreement for the Clarendon Subdivision is recorded
in Book 310 at Page 359, the condominium map is recorded in
Plat Book 5 at Pages 36-39, the first amendment to the
condominium map is recorded in Plat Book 11 at Page 71, the
condominium declaration is recorded in Book 319 at Page 415,
et ~., the first amendment to the condominium declaration
is recorded in Book 410 at Page 80, et ~., and the second
amendment to the condominium declaration is recorded at
Book 448 at Page 581, all in the records of Pitkin County.
Hereinafter, the real property referenced in the aforesaid
agreements and approvals, which is situated in the City of
Aspen, Pitkin County, Colorado, will be referred to herein
as the "Clarendon Condominiums"; and
WHEREAS, the Clarendon Condominium Association, the
owner of the general common elements of the Clarendon
Condominiums, together with Dean L. Greenberg and Marilyn
Greenberg, owners of Clarendon Condominium Unit No.6, Brian
Wix, owner of Clarendon Condominium Unit No.7, and Lee
Gladstone and Gertrude Gladstone, owners of Clarendon
Condominium Unit No.8, have requested an exception from the
full subdivision process for the purpose of amending the
Clarendon Condominiums PUD plan to add three (3) bedrooms
(one each to Units 6, 7, and 8) to the thirty-seven (37)
existing bedrooms in the fifteen (15) condominium units
existing at the project, and to grant an exception to the
parking requirements by adding only two (2) additional
spaces; and
WHEREAS, the Clarendon Condominium Association request-
ed a further amendment to the PUD plan to add one (1)
employee housing unit and obtain an exception from the
parking requirements and an exemption therefor from the
Growth Management Plan; and
WHEREAS, the City Council determined at its meeting of
September 27, 1982 and July 23 and 24, 1984, that the
Applicants' requests for such exceptions and exemptions was
appropriate and granted said requests, subject, however, to
the conditions described hereinafter;
NOW, THEREFORE, THE City Council of the City of Aspen,
Colorado, does approve under Section 24-8.26(b) the owners'
and the Condominium Association's application for exception
from the full subdivision process for the purpose of
amending the PUD plan of the Clarendon Condominiums to add a
bedroom to units 6, 7, and 8 and an employee unit; provided,
however, that the foregoing exceptions and exemptions are
expressly conditioned upon:
1. The Applicants'
Pitkin County Clerk and
immediate
Recorder
recording with the
of that certain
"Declaration of Covenants, Restrictions and Conditions" for
the employee unit at the Clarendon Condominiums, a copy of
which is attached hereto as Exhibit "A".
2. No permanent certificate of occupancy for the
employee unit shall be granted until the actual construction
of two additional parking spaces, the completion of which
shall be as determined by the Building Inspector.
3. An amendment to Page 1 of the plat be prepared
showing the location of the total of twenty-seven (27)
parking spaces, and an amendment to pages 2 and 3 of the
plat to show the addition of one bedroom to units 6, 7, and
8, respectively; said plat to be approved by the City
Engineer.
- 2 -
4. Applicants' strict compliance with the provisions
contained in the aforesaid approvals and all other con-
ditions of approval with regard to this matter set by the
City Council as hereinabove described.
Dated this
day of
, 1985.
William L. Stirling, Mayor
APPROVED AS TO FORM:
\. ~
Paul J. Ta dune, City
s-Jttl~
Att n y
I, Kathryn S. Koch, do hereby certify that the forego-
ing Statement of Exception from the Full Subdivision Process
for the Clarendon Condominiums was considered and approved
by the Aspen City Council at its regular meeting held
, at which time the Mayor, William L.
Stirling, was authorized to execute the same on behalf of
the city of Aspen.
Kathryn S. Koch, City Clerk
- 3 -