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Home My WebLink Aboutcoa.lu.ec.Lots N-P-Blk 43.1982 TO: FROM: RE: DATE: ,-"'......... '""'\ -,.-...' MEMORANDUM . Aspen Planning and Zoning Commission Alice Davis, Planning Office Potvin/Doremus Subdivision Exception - Lot Split October 5; 1982 Location: Zoning: Lot Size: Applicant's Request: Referra 1 Conments: # Lots N, 0, P and Q, Block 43, Aspen Original Townsite R-6 12,000 square feet The applicants are requesting a subdivision exception for a lot split pursuant to Section 24-l1.2{d) of the Code. 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 resorrlation. (!) . ~ . 3. Both parcels created should be require by covenant to . join a sidewalk improvement district s d one be create in the future. . Planning Office Review: The request for a lot split should be reviewed according to Section 24-ll.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 Nand 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 Nand 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 Ooremus, 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 Page Two October 5, 1982 Planning Office Recommendation: ""' ~-. Subdivision Exception - Lot Split 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 requtrements of the variance are also met. i'l , ~, BQOK 465 d,i::210 srATEMENT OF EXCEPTION FR:lM THE FULL SUBDIVISION PROCESS FUR THE PURPOSE OF A "LOr SPLIT" AND FUR Ml\KIN3 CHl\N3ES 'IO A RE<XJRDED PLAT, ALL PURSUANT 'IO SECI'ION 20-19 OF THE ASPEN MUNICIPAL mDE WHEREAS, the applicant, John Doremus, who is the reoord owner of Lots P & Q, BloCk 43, City and Townsite of Aspen, acoording to the sulxlivision Exception Plat of Lots N & 0 - P & Q, recorded December 16, 1982, in Plat Book 14 at Page 23, of the reoords of the Clerk & Recorder of Pitkin County, Colorado has awlied for an exception fran the full subdivision process for the purpose of a "lot split" to enable him to convey an easanent for an encroachment to the owner of adjacent Lots R & s, oovering 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 en=oachment was not shown on the Subdivision Excepticn Plat mentioned above, and Doranus wishes to amend the said plat to shCM the encroachment strip Which is the subject of the "lot split" mentioned in the preceding paragraJ:h; and, WHEREAS, 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 fUblic 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 conply with the design standards of Chapter XX; and, WHEREAS, the City Council at its meeting of April 2, 1984, based on the above findings, detennined that the applicant's request for such exception was appropriate and granted said request, 'IHE:Rl!:FORE, the City Council of Aspen, Coloracb, does, by this resolution, detennine that the applicant's request for exception fran the full sulxlivision process for the purpose of a "lot split" and an amendment to a recorded plat is proper and hereby grants an exception fran the full sulxlivision 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. ,pd'i'. .' <~'I\lO 70 ;. ..;.~........) . . Mayor 0::: -;;r w co City Clerk,. (") 0:::0 - wo::: a: ';':" zo '>(/,..: < z'-' .::l" j. -<(UJ ~i 0 coo:: rl ..a::;-: en en f-f- two '..M Ln c::Z <-.J o- N ...."" 0<< !:: 0_ D... co: ",~-"."""."-,._,,,^ OODK 450 PA6E979 STATEMENT OF EXCEPTION FROM THE FULL SUBD~SI~~ 0: :=0 = 07 .....;,- i',,) .~ , 'L....;, PROCESS FOR THE PURPOSE OF A "LOT SPL~ ' ('~ ;c ,:: .J'J PURSUANT TO SECTION 20-19 OF THE ASPEN MUNIC~AL eoOE -0 0:::..: ") ..:..._ ~r'''' = WJ c;;< ::;.0 cn :;0 L:' 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 ..._.....,.---.""._~".<'._- " BOOK 450 PAGE980 Aspen, into two parcels, namely, Lots Nand 0, 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 Nand 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 ;? b r/~y of ~ , 1983. .......,t.,;;. .,., (l.' ',..,., .' "\. ~,-""""-,~ ...,.:\ 'IJ jl'~ , 'f/I/:". j ........ \', ~ \.. · .: ~ r;-. . 'll' c~ : · l ...) ~..... : ~.\ Ll t ~.. 'l _.."... /' iii ..~ ,... . . '. ,),yt~-d' ~~Ir-12 Kathryn S Koch, City Clerk as to form: 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 BOOK 450 PA6E981 which time the Mayor was authorized to execute the same STATE OF COLORADO ) ) ss. ) .. ,. " . .f .) ,... \. ,,' " of the City of Aspen. County of Pitkin The instrument was acknowledged before me this~ , 1983, by William L. Stirling athryn S. Koch as City Clerk of the City of Aspen, day of as Mayor Colorado. WITNESS MY HAND AND OFFtCI~ SEAL. My commission expires: 1/~~1J';;;1P/. If?,? ,..'l""_.., : I' \ T Fr"""... . -,)"-., ....::-.. c. .... -- <(.':0 . ", - '1' -. {~:.:r:"OTA~)-t \ - , -....- n '..,..o-~ :or' ~~.... 1I811C . .. ;;. ." 'J '. ~" ( '. 0". ..... " . ... ,. (,\:I'''''' 21~!JYf (!(!~ , ill?" ?h~' j Clr-l1'-yIM 3 ) 'i' }; .t\ ~) ..~ ~ " .,. <~ ,) ~J q .~.-. Recordod at~:3 !_ o'dockS:-M.,,".~ ~ 6 1\H12 , ~~ Rocept"o~ l',~. PlY63 if/., LorcHo [),,;nr:,"r,,~;!j'1 C. Recorder PROTECTIVE COVENANTS ooo~ 437 Pf,"~ 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 th~.sarne 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 - " --- .,....~'\ BI.IOK437 1!"c~398 '''-,...... 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 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- A ")"':' "Or' 81:IU~':b.J' t"'~ "_:; -J- ,...... r,'-- 5. Singular ~J Plural. Io.'herever utilized r"" '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, Cqvenantor 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- I"" '-'" ~)uK437 c",,,:400 and IN WITNESS WH~EOJl~ the seals this '0 undersigned have hereunto set day of '~L_ \'-'--~- , 1982, their hands '~\, ~ '" -kLi'-' Ie otvin '7 ,"- "'~"-' . Jd/~ Iii a/~~ -Sa y A~n-fotvin -Ii~~ , ',\ ..~~... (~ . (~;' 'J ~ -I R ,"I . t" ./(;. . ~\ ~l~/V.LO~ ..' p J "., o. --..>.r. ~- ~"l"', ...-..:"\. ./ ,,:"'/J :-.;'~;~'- I . . The foregoiI),g instrument was acknowledged before me this /d- day of /.1~~~/~~~ , 1982, John Doremus, Dale Potvin and Sally Allen Potvin c . appeared before me personally, My commission expires: ') , " '7~/ /_ // .~a-;;t/d:L< Notary Public ,F /{/~J?/ Witness my hand and off~cial seal, /", / -.. ~2/. i'?(. ,~-- ~~ /':d ~;;r4~ c2t.?;Qf0 C;; fl~Y;C / . Notary Public APPROVED AS TO FORM: \'2- f,-t1.- ~3",~ l'1~ Paul Taddune, City Attorn for Aspen, Colorado -4- , j 1 t...... ..' dii ' f;'tJl" { :;;;, -.I~ :1;~1' ~ n~~g"0 ""j-.); . :..,1 ~1 ~~~i:r-~ 'I ::;Jj~ ~; ~ ~ nt~! ., I 'l!" ~<>= '1::';\ 'I ,.I" :>. 2 ..3~ <OJ: . I. ~.: ~! ~1 ih:.~ ~: ~;!] ~ ~i .l!~"..:: bi ~Hl~ ~ >:~.~ !I "1 ~, ~ :. :n ~ ~ . ~ , ,~ r~ 0. 1- ,) '. .' ;.J ~1 Jj <V- '. H~ ~~ ~ 0_' ~ Al- "..~IU~!f,", I ., , ~~ 1-; :" ..::~ s s I I ~ I i; i ~ _ _ _____ _u_....l2."__-,-_~~-r-----._..l.J._)-- ----~___.2.L.t___ 1 ..-- ...-..,......,. ~ t ,.I~~f ...\.......' { j < , , ~~ !t; ,.::;:; ~! i . . 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" ~.t1-. ;m~ i 'l"';"~ .1~_~ ~'0 l:~:l')! :.j '1 !.:;~~ 'r-~ - . - ..~. I 'I ::,",1:; ~ ,- * ~~~'d'" :a "j;-:;: r ..,;.::.. "I . ~;.. ':! i. ~':.8 ~ ~ ;: Zei:..'!~ :: ~~iH ~i j;f} ~ toi ;;~"..: (;1 ;n.e:;~ ",:".- ',;, ~r;: lj Ii ~, ~ j '(''''', ~~ ~ :J ~ ~ -j tl 000 b ~ . ~ Q L t3 .' ~ 1 l~ .& , ;2 !;.. -., . ~ i ~ ~ ,( "." t:;~ l!!:Jd......"lO:xJ ,'; - '. : - , ! , - , " , , ~ , - , , . ! : . " , , 9 9 I I 'f 9/ i' . .--run..".,-]------.. 1-- ---------~..J0'--T-:r. , :.:.-___otI..'!.___ ~i ..-_ 0" .....'. _..,.. .~ I > . " " . .'" '1- _.-..,--~ I ! t-[-~. CO .....-T,'T} ,.,...' EXEIBI? ..L.:L ~~ ,j H ......,.-c-.,~<r .,.-- --7----- "All 9 g r > . . . . . a Z " ~ a 0 0 " ~ . ~ . :;,., ~i ~ J" J I Ill: 8 . ou ,,0 . 3 JZ .; zmw ;1 ~ 0 0 ~ ~ 0 J , , \ ~~ ! ,. i:- ;.i I ;~ ~ '... ..'" ~ o ~ ~ .. .. ~GlZ ~ ~lP nO g" I _A ~~b " ~ ~ .. o o " , .. ~ o ~ " ~ 0 " i . . " .. .. " z ~ , , , ~ , \ /',,"-. ......,.., I -t.~ ...--'. -- ~ . ~ ~ . ,. ! ~~-~ H I' -! I i -,,",- .~ , ,. --::+---~___ ___ L ,.T._____T:i~:L.::..:'::-:.- ----- --: . T . poooo.....p..... ~ . ~? H ~ , ; it >,t g . ~ ~ . , :.~ " " . , " , . , ;>? ; ~: . r~ =, , ?~ ~ ; ~ . ~ , -- - . . ; ,. ~~ , . ~; ~~ ~ .~ ! Hi f" , ?9J . -', ~ &"' : ~ : , , , '~~ } " ~ ". .. ~ ~f "} <<l " Oc . , ~ t ., '.-" . " ~ < ~ ~~ 1~ ~~ ~~ ., :;-; !:, " ~ ;~ : ~ Ii ~i!~ ~ :j ; [~ : t' I: ..,,, ., .."~ ~~ :~ i~~;~ :; i!~~~ !~ \::::Ii ,.,;, II H;i~ I~ r,".. . ~ ~~rl.:~ I~ " ~ i~:'~ Ii ~; l~il!g! .. "t.~i' GJ ~;~i~ ..1.- i:l~~ . .fUf l'n H~. i--,-' L ., ',~ f.,.:. ,'" PROTECTIVE COVENANTS ~li) iJf@ "" 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 th~.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 Lo't 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 "minimUID 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 60~,33 square feet, more.or less, (See Exhibit "A" attached and made a part of this Protective Covena.nt). 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 I, 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 I, 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~d Plural. Wherever utilized l~'ein, the singular shall be deemed to include the plural, and the plural shall be deemed to include the singu~ar. 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 restrictiont 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, I lJ:.-. and sea;ts this \0 the undersigned have hereunto set their hands day of 'l)..a",,",,~ ,1982, ~ " .-.J ale tvin .1 .:-:;"' ./ .J~..:';1 ,'j> //,/Y,;. /".7-- y-/?-:,t:~t~ ,-[C-t-t--:--... >i>C~r_ Sa11y Al1en-fotvin The, foregoiy!:\ instrument was acknowledged before me this tfzit> day of ,;{jd'('kl/!/4't/ ,1982. John Doremus, Dale Potvin and Sally Allen Potvin ~ -appeared before me personally, /;l;24c~~k Notary Public /,'::f, ~/#/f/~ f-/f-ff ~/r)~ ff4f/2- My commission expires: Witness my hand and official seal. Notary Public APPROVED o FORM: \~-S-5"2- ams.1t\OO~ f Paul Taddune, City Atto for Aspen, Colorado -4- b .~ " i~" " , z " if;! , .. 0 .1 \ " " 0 ~ <rj ~ ~ . ""l "" i. ~ ~ o~ 0 ;jl:~ <3 ~. ~ ',':t- ip;;,. ; ~, " ,. " , x 0 u , .' , .- < ou , ';l!h"\J ~a , ~ ..g ,; '. :1 .- , z .. ~ ,..,;:t :j ~ 'J ..j , : .. .J_, H ~ r.' , ~ .. " ~~[it I: . ~ c Ii; : - : ~:; E! ~~~~~ ., - 0 ",., ~ , '1 - p 1 _0. I, . ",,~. . , - ;:i .' i ! ~ ;1 WH "", - F , - ,. I i , - ~' 5: iH~: - ~ , U~ " ~ =i!: ti ..;" ~: , :~ ~ !.e~i : .~ " ,,-' t:? t~ \ 9 ......"...-..'MOO ".., !i I 'f ~ I . I ~: - _ _____ _.:.:..-:,,:'.l::_."I;,:~~"------'.L'J._~------l1___.tt.n_ , 8 ~ < j . ,"- I' ! H " ---- _._---~_.- i- " . .1 I I I , I I ---.Vir'"-' " ~ ..~-;r"-~ ~~J'" ~7~:: .' ".- . ~.-:Ti\"".." . . ._'.'. __-"1---- f EXEIBIT nAil "" r' " -",.,../ 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 th~'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 sideyardU 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 ~ ,..'" ""'\ ..." ,- violat:Lon 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 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 I, 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- r, ~, 5. Singular l j Plural. Wherever utilized h =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- , ", ,.... '-., - IN WITNESS WHEREOF, G~L the undersigned have hereunto set their hands day ol-~u,,^,-I.v--- ,1982, and' seals this -(-/12.. The,foregoing instrument was acknowledged before me this ~ ~ day of ~~/)~ ,1982, John Doremus, Dale Potvin and Sally Allen Potvin ~: appeared before me personally. //) . \/ /flI7t.{.LL Notary Public ,,Y-//- cf~ ~'~ ) . .-:y. '~L.N- . ,.... / ,7':01/ ;<!!J~.;;r' //Ij/d- ~/t/ &//1/2- My commission expires: Witness my hand and official seal. Notary Public ~w:~ Paul Taddune, City Atto for Aspen, Colorado \'2-8~g'2- -4- ,. J ~ 0'"' ,-,..... "'..,., I"---"\- -",,,,# 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 pII), 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 sideyardlt 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 - " "'" '.....,.. J" "'-_ ......,... violation ~f 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 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 o 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 he~n, 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- ~ ,.""., '-' ...."', '-'" the undersigned have hereunto set their hands day of ~vc...6O<.., 1982. IN WITNESS WHEREOF, and seals thi's ,p ~/=z\vC) Ie tvin "'---/ . ~~-Af'~ SallyAP tv~n . "111e.. - My connnission instrument was acknowledged before me this ~ day of ,1982, ~,~.D. . ~ ~lic~~~0 I ~ ./ ~,U. n""'L- expues ...."""'-> '"L~'. I q i' ~ The foregoing ~ Witness my hand and official seal, Notary Public CITY OF ASPEN, BOARD OF ADJUSTMENT APPROVED AS TO FORM: Paul, Taddune, City Attorney for Aspen, Colorado -4- f I"""- '- ::) 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 l'" '-' ....'1 -- 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 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 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 o 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 h;:)in, the singular shall be deemed to ~nclude 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- '. 1'" ....., ., ...,..;'" and seals this ,p day of IN WITNESS WHEREOF, the undersigned have hereunto set their hands , 1982. acknowledged before me this ~ day of .--n . .' " ~.J-I. 0, ~~ry Public ,.~8><- 1 ~,("3 L"\ 14 g'..f ~~.r ....,UJ. fIb /2- ~}~,:) ale otvin ~~~~ Sally A P v~n . /ffl/>.- "'" The fore.g~i~g instrument was ~__, ,1982, My commission eXPires~ e.-__O . ~ Witness my hand and official seal. CITY OF ASPEN, BOARD OF ADJUSTMENT APPROVED AS TO FORM: Paul, Taddune, City Attorney for Aspen, Colorado ../t?~v~ 6~A' Notary Public -4- . . _ ...4...L...__._......., _ ,-'" '/",", -/ " " j: Ii I! II Ii ..., ." PROTECTIVE CO\~NANTS Ii ! WHEREAS, improvements were constructed .by the owners of Lot 0, Block 43, City and Aspen, County of Pi~kin, State of Colorado referred to as "Lot 0"), and upon Lot 0, Townsite of (hereinafter WHEREAS, these improvements, as built, violate the "minimum sideyard" requirez.nents presently in effect in 1 I the City of Aspen, as set forth in Section 24-3.4 of the I , Aspen Municipal Code, and " II , , I I 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 v<.riance, from the aforedescribed "minimum sideyard" requirements be obtained for the maintenance of the above described improvements on Lot O. and I I, il 'I II 'I I. II !I L 'I 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 . ^..F-S ^ t:",J.-h..... ~l~ f6.MJ"~~ I) ~ fhn~ f.-;ry ~ .b~. &-dJ N- ~1/18;;J..1 , /11 adopt the fOllowing covenants for the benefit of the owners of J I lots O. and P, Block ~ benefit of the City ~. III I' . I .l_1lC .,- J,t..J.b1 ,,' 1"1"'1'. No Building. For such time as the deck exists on Lot r Vk~. . ,,~r . 0, and for so long as it violates the "minimum sideyard" require- ~ " I ~ 50! ments, on the boundary between Lot 0 and Lot P, as deinfed in II _..t~ Ii Section 24-3.4, of the Aspen Hunicipal Code, in effect within :dr' II the City of Aspen, or until such time as the written consent ~.~ I of the Board of Adjustment and the OWher of Lot 0, Block 43, r~.. I 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 I 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 ~spen. more particularly described.as follows: ~." LJ.( . C . , . . ~ "P" .It !I.tI, ' . ~ !(ttI."!'b: "1 .._J.,~t ~ ; ~, II I I I"'" ',..."" - '-# 43, City and of Aspen. Townsite of Aspen, and for the 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.... . ., jl I I \ which would be in violation of any of Municipal Code for the City of Aspen. including the City of Aspen, shall not reasonably withheld. the provisions of the The consent of any party be arbitrarily or un- 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 cov~nants shall be enforceable by proceedings for a prohibitive or mandatory injunction. . -2- r .. " .' " / / I I' . .. , I I f"'" .....,. .", -.,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 e to be in full force and effect until January 1, a d from year to year thereafter until amended or e.cddL..t~ ' ated bYj{'F~t~e~instrument executed by the 0 s , 'ownsite f As en and by the Board of Adjustment of the City of Aspen, /" 2005, , e be amended or terminated by recorded in~~rument 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. -1 ~It~t'~~. 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. I, ,. " ~ ~ ~tI\J~$'''' . (to''1 ' ,-~ ' -3- reJ"uJ l~rr'.:Afl:.' . ~ W",brt f' , I I I .I "I I I I i: 'I -,/ ',",,,\ - r .1 II I I I I ,.-., IN ,WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of ,1982. JOHN DOREMUS 't'~ ~~\2A \:f - /"C- ,'. I<( , Vl>-' ... - SALLY POTVIN . ... . - CITY OF ASPEN, BOARD OF ADJUSTMENT '"".--.. "-- .: By: 4-P~ /If;ro ~ " -~~~/~'~ . -4- t. " .HU~U~\. , I:.1V"-, ~I&"'" ......... .'-- -_.~~ ---- hereiP"'" lescr ibed proeprty .... (withol,l.\ modification, ,...J .ft~.~r ~p~~ uL~a4 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 ,w~eld) s "~ll also be required if WILLIAM ~!.~DOFF, G "1 ' /h' k enera ~Partner of Covenantor,/Or 1S estate, see s ~ /. "0:' ",/"0. to sell, transfer. dispose/of or convey such por- .~ ~ .~, ./" tion of his p~rso~al/iriterest in Covenantor that y he, WILLIAM M. LONDOF~, or his estate, would cease ,d', to have cont;:-611i.-!g inter'est in Covenantor. S. The eighty (8D~nits shall be ;~'tC;d or sold only to ./ ~ p rsons aqUalifie~/for employee housing, as defihe~~n the Aspen M nicipal cod~A~ amended, and so identified and quan.~ied by the 'ty /P~f the City of Aspen or its designee, purs~~~t":: ~o the ~?Othen-exi'tin9 qualification proc'" for employee hOU~' ~ I"'" \ . "-.....<. ,..... RECORD OF PROCEEDINGS 100 Leaves FOltlCII C.'.HOrCKEl8....l.l:O' ~OARD 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 n 82-2. 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 submitted to the City Attorney for approval within sixty days. The documents were prepared 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 back to the minutes and found evidence for both positions so Mr. Esary is requesting that the Board clarify it's ruling through the minutes. Esary said that as the Board probably recalls Mr. Petvins house has a deck that sticks out between property lines P&O. The Board essentially grante~ a variance indi- cating that if the adjoining property owner filed restrictive covenants indicating that a five foot set-back maintain around the deck for fire pro- tection, and the filed restrictive covenants so that nothing could be built on that property, When Mr. Potvin filed the restrictive covenants he provided for the 92 inch set back which appears to be fairly clear from the minutes although there may be some 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 understanding, 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 geing to be obstacle in terms of fire protection and that the air and light ar.d 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 fbot 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. Dale Potvin said that he does r.ot 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. . I i , - 2 - 1""\ ....... V '...^ Charles Paterson said that there are two statements in the motion. Whit~ker Bai~ 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 are-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, that the variance was granted conditional upon the preparation of the proper documents and that the restrictive portion of the property on Lot P be 7 foot 8 inches from the present property line plus five feet on either end after the 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. . 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 31ready 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 I 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 thai the visual impact to the condominium project is minimal i in that it is between two buildings and barely visable from the street, J due to some. shrub and the building next door. Kurimay said that the applican has 100% approval f~om 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 affLdavit, and the photograph of the notice of public hearing sign. c -. RECORD OF PROCEEDINGS 100 Leaves '0IIIlI'lI e.'.IHltCKELB.B..l. ell. 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; 83, 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 of the 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 ~ary Mallard should be spelled Millard. Whitaker said that on page 7 were it says "it is difficult to access whether it was just a zonin~ 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. e6de. 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 elarify this statement the secretary is instruc- ted to take out the word not. . Josephine felt there were~me 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. '1 i , r- ".,. " - 4 - 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. . . - - 2 - 1 I i .. *,' ._c_ ~ ~ from the exteri the property line. Francis Whitake at the variance be granted conditional on the preparation of the proper document would limit the distance between the deck and the structure on those two lots which should be spelled out by name and Lot U to 100 inches or the length ,of the balcony plus five feet more on either end. Wllitaker said that the set back on that lot P be established as 7' 8" for the length of the deck. Charles?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. Cha~les Paterson Josephine Mann Remo Lavagnino Francis Whitaker John Herz All in favor motion \ , I l , Aye Aye Aye Aye Aye 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 into the side-yard set-back because of the safety factor of providing additional access to enter the building. Francis Whitaker seconds. Charles Paterson Josephine Hann Francis Whitaker Remo Lavagnino John Herz All in favor motion Aye Aye Aye Aye Aye 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-l zone, no additions are allowed. Jim Moran, attorney representing Mrs. Hyde, told the Board that her case~ 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-l 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 across the way. L-l 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, 1 as stated in the zoning code, is to encourage the construction of new lodges close to the J base of Aspen Mountain; and to discourage the conversion of existing lodges into permanant I residences. The L-2 zone does allow single family duplexes and multi-family residences. i That zoning came about in the City wide rezoning of 1975. Prior to that rezoning this i land was in accomodations and recreation 1. Single family dwellings was a use permitted of I right. Moran said that thishouse has been there since the late sixties(1967). Jim Moran said that Mrs. Hyde is in theunique positionof having lived there for about ~ twelve years, they bought the house from Mr. andMrs, Mitchell; the deed from whichthey acquired the house containsa restriction which restricts the use of the propertyto a I 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 fa~ly residence non-conforming but instead you could have a hotel, lodge or boarding house in that area, in the 1 for 1 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-15zone than tothe lodge zone; and therefore, the applicant is really asking fc less density, less inLensity 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 o - I""' - .~ ., . RECORD OF PROCEEDINGS 100 Leaves FtJIlOIlol C.r.HOEr.ULB,B.ltl.Co. SPECIAL MEETING BOARD OF ZONING ADJUSTMENT MAY 27, 1982 The B0ard 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, '8~ Francis Whitaker so moves. Josephine Mann seconds. All in favor. Motion carried. Lavagnino asked for a motion on the minutes of MP.y 6, '82. J0sephine Mann so moves. Francis Whitak~r seconds. All in favor, Motion carried. Old Business Case H 82-2 Dale Potvin Remo Lavar,nino stated that this case had been heard at the May 6, 1982 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 may 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 tpat it is approximately 7 1/2 feet. Whitaker said that as he sees the map and the application it would require agreement with 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 he is not comfortable with those numbers; he sai~ that from the edge of the house to the lot line is 9' 2" and the deck is 8' 6". fj'. Whitaker said that the application is not correct. Whitaker asked how far the deck projects into the side-yard? Potvin. said that 4>d -f'" would have to be removed to comply with the side-yard set-back requirements. __ -..... 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 would pe about 100 sq. ft. out of 6,000 sq. ft. that would be restricted. Whitaker 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. Garv Esary, 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 tesimony that was taken at the May 6, 1982 meeting. 1'-<:.".o.c_is T"hitaker saie that if the noard ",akes a motion it should be conditional on the preparation of the leeal document that satisfys the City Attorney. Bill Drcuding, 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 - - ""C_". /' \ ,-~. ! (,,-.. t 'l"' ~' " 1\ --. I I I , , "'---, , 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. the August 3 City Planning and Zoning Meeting, comments bgMonday, July',19. H This item is scheduled for therefore, please return Thank you, . T ~ -..., -- ---. '" February 17, 1982 Aspen/Pitkin County Planning Office .Aspen City Hall' 130 South Galena Street Aspen, Colorado . 81611 Re: Sally Allen-Potvin, r:ale A. potvin and Johl) Doremus Subdivision Exemption Dear Planners: Please consider this letter formal applica~~to the Aspen Planning and Zoning Commission for an ex~ L , frcxn the term "subdivision ," as provided for in the Aspen ~'lunicipal Code, Section 20-l9(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 Nand 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 Nand 0 and Lots P and Q. The deck is entirely within the boundary lines of Lots Nand O. 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 reguired side yard setback. . r" 1"'" . Aspen/Pitkin C0unty 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-f~~ily 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 (:,,'0 parcels. This separation will, therefore, not be inj urious to other property in the area. Ordinance No.3, 1978, allo\vs a lot split exerr.ption from the GMP provided there is an existing dwelling and no more than two lots are created. Current City policy allows an exe;nption 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 forvoarded 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 appl ica tion. Sincerely yours, ~~ ~-/6~' . ~~~, ~,~en-p:,~~~n ;.\/".....___ '.......L.._ .- ~l A. Potvin ,~. ,~~ ~~rt-V</'---- . 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, I:ale A. Potvin and John DJremus Subdivision Exemption Dear Planners: Please consider this letter formal application to the Aspen Planning and Zoning Commission for an exemption fran 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 becoGle available as a single-faITIily 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 Nand 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 Nand 0 and Lots P and Q. The deck is entirely within the boundary lines of Lots Nand O. 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 confonn with the required side yard setback. - c :) ,,--- . . --~---- !: Thw l'w;nl..d p"w~j..n.urlh;. fu.", .f'I",,'..dh~ n,rJ ("..It.ad.. Hr.! E~l.lr -C",mmi~.j..t> IFoe 20.:>./01) ,I - - lH~S IS lUUlIWSHl:Ut..l:[WT If HOl UHDERSlOOD. Ut;ll. 1U Oil: OTHi:F CDuNSEL ~HOUlD SE C(lI<tSULHD 8(fOil( sin,"". -1.,",1 lMr- f")oC t-....tFc1:r..:rc: . JJ L..- ~i _ -J - -!..~, 0"<p~'-<-_-' j 1 );,.!. I, \\\,_" "'---. .- .._~-\(~:;i)LY i; !I I: ; , ;; I I I I RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) ~;.: .. _'J.I\!. ~':';".'::J.>,-~ ~1~1 I:':~, :-::-'~-:,'~' :: Ii i! Ii " , FE:~rt;ary _.7_ ___, ~~,__ 82 1. T)-,E- '-.Jr,d~:-~ir"l-d '<b:t'r.~ :'.t'~dJ:'- hd:r;o'.,..j,-ct-:f'S 1:2\',r.g: P.Cei"'d! ([(im ____12.eJ~~._~__TQt;.:_'_~n___2.D(l nJ)~91IY---.8JJef1-=-Fotyjr-,-___~~1_g__J O!l~~_~QJ'_~;~U_S_ ~~_thE: sum of$lQ-.SQQO_.~___, if> th~ [(IT", of .!",Q.perso..nal chec~__~_ .lobeheldb)' FITZGERALD RE:A.J"...J:~TAIE CO~_~_~.. 'broker, in broker's ese-ro""'- aT :nE..:.f'(' neCCount, 2:~ earnt'st money and part j1ayme:nt for the following GC'."cril,ec ,c,,: {'~:S.tE in thE' -~'~P_~~_____ __ County of _ ___~~~_n _____. Cc,;c';2dG, to wit: 'I ii " Lots N, 0, P and QJ Block 43) City of .\s?en, Colorado " !i together with all improvE'r:1t'nb tilt"n'On and...ll fixtures of a permanent nature currently on the pre:r.ises e:xcl'::pt as hereinafter provided, in their pre~f'nt condition, ordir.hry wear and tear exeeptpd, known as ~o_ 320 ~~e~~ Ele~~~!_~~I~_e~~~p~'0) ColgS_C!gQ_~~J:L____. and hereinafter ch]jt'd the ProJ}C'rty. 1~'.'~~1 ."dd,~~~. C~ly. Zlpi 'I 2. Subjf:ct 1(, the p;-uyi.!'ic.ns of paTapapn 17, the undersigned J-Jl'rSOD(s) _ Dal e A. !,otvin-.?l1d SaIlv _}j)E:l!.-:-?s!t\'inC:lDd JS~~Y1 )':qI~G0S _~ ______.~.__'t~lr/;r\J;1:lj.y\ls/tcnant~ in curr,mun), ! I hf::-einafter cl>l1f'd PUTcna'-er, hl':"f:by abrl'e~ to buy th/:" Property, and the undersigned owner(s), hereinafter raJ;ed St:01ltOr, bt"rel)y hgrl't'S to sell tht:o Pre-perty u~'l>n the terms and conditions stated herein. 3. ThtO P'Jrchasf: price snall be U.S. $_4..6.5--,.1)DQ_DD_, payable as follows: $)0 L DOg. OC\.,erebJ" recf:ir.tf'd {or; $160,000.00 payable by cashier's or certified check upon delivery of deed. ?urchasers shall execute their note and first lien deed of trust payable to Seller in the amount of $295,000.00 and payable 1n monthly installments of principal and in~erest of $3076.25 at the rate of 12% per annum. The remaining unpaid balance of principal and ", earned interest shall be due and payable on or before the -Dr":' third anniversary of execution of said note. Purchasers shall have ~he privilege of prepayment of any amount at an~' ti~e Rit]10Ut penalty. Each party a~rees to pay their ow~ closing costs. " ;, Ii i " i' i " vI( I: I' I' I 4.. Price to include any of the foUowing items currently on thE.- Property: lighting. heating, plum bing, ventilating, I Bnd central air conditioning (ixtures; attached TV antennas and/or water softE.-ner (if c.wned by Seller); all outdoor li.1 plants, window and porch shades, venetian blinds, storm windows, storm doors ~creens, curtain rods, drapery rods, att.flched mirrors, linoleum, noor tile, awnings, fireplacE' screen and grateJbffrtt.-in kitchen appliance.!!., wall-to-wall carpeting, \,;lasher and dryer, and all furnishings listed in inventory on file with Fitzgerald Real Estate, i: '1 all in their present condition, con....eyed free and clear of all taxes, liens 'and encumLn..nces except as provided in " ;';<tragrapn 11; pro....ided, ho....ever. that the folkwing fixtures of.. permanent naturE' aTe excludt."d from this sale: ~'oone Pcrs,on.al prppertr shaJI be conveyed b)' bill of sale. 5. If:&. new loan is to be obtained by Purcl-..aser from a third party, PUr<.:hB.~er .Clgrf"t"s to promptly aT;d diligently (a) apply for such loan, (ld execute all documents and furnish all infuTmation and documents required by the It-nder, and {ci pay the customary costs of obtc.JLir.~ suC'h loan. Then if such loan is not appro\"t.d on or Lef(Ju. !\/ A ] 8 _ __. (;r if so :r.p;..n>yt'd Dut is not sysi:abie at time of closing, this. C'c.r,tra('l shall Lt" nuli and "'Did hnd ali payments hnd tbilJgS 0f n..lue rt"reivt"d Lerl'uncl':'" shall Le returned to Purcho!>er. 6. If a note and trust deed oT mor~~agt' is to he B5sumed, Purcha,!o;er .<i~nt's t{, f:lpply (OT a l(>an assumption If aquired and hgrees to pay (1) b Joan transfer fee not to exceed ~ N/ A _ and (2) an interest rate not to excf'ed N / A 'it per annurr..lfthe loan to be assumed has pT(lvisi(>n~ for 11 shared equity or '\'&r.aLle interest rates or variable payments. this con~r.art is conditioned upon PUrch~ser re\-lf'\\ir.s: and C'on5enting to s....ch pru\'isions. If the lender's consent to aloan a5."umption is required. this contract is corldltiont"d upon obuininj::" ."u:h consent .....ithout change in the terms Bnd conditions of such loan except BS herein proYJded. ~, IUd U,JJ.,fv,/rfelf.t>fefrtafHlff1 '!fll'fNPN'I 11N I'IV tf.'N,/'Y.N H'i'Y'f'n'l'fN'flltNo/rfIJ:t.,tYfN/rN f./.'f<J'NH'0{ y,/ r!r</'N'I"I1PN1 NN'/'Y7"N'f'fN 'IfNI '\, u :-,c. '.!.(,.:: f.l I ..,,' r.n Iv bu. ."d ~~:' h,.: f .;.1.. ",.,d""I..I, _ h r.d'", d J'"i ""'.),r (""" ,~~ -- v. ", t ,,~ I..,.. ..,_,:' l! I .r.: . _ i' '," -", . -1 " ! ~,..\ ',..."' 1""', ~ ~",...'" ---- ------~~----------- ----- 8. Cost o~any ap.praisal for loan purposes to be obtained after this date shall be paid by N/A ,I ,I 11 " l! 9. An abstract of title to the Property, certified to date, or a current cocr.rnitm",nt for title insur:lnce pulicy ;1~ an amount equal to the purchase price. at Seller's option and expense, ",hall be furni"h.:-d to P;.HCndSer on vr bt>:'Jre FebTI.Jary 22 .19.92 . If Seller elects to [urn;s,h said title ir.su,anct" c0mmitrr,ent, ~t'l!t':- will deliver the title insurance policy to Purchaser nfter closing and pay thi;' p.e!llium th",rt'on. 10. The date of closing shall be the date for delivery of deed <='5 provided in paragraph 11. The hour and plan" uf closing shall be as designated by _1;:1:ir;-.EIT~gI&~O__REAL_ESJATE_COM.e;lIT___---~_._------- 11. Title shall be merchantable in S.:-ller. cxct:"pt as stated if: this; paragraph and in paragraphs 12 and 13. Sdl]l:"ct to paymtont or t"':lGer;15 abo\'(' pr0v:c!ed and comp: anct' uy PUfcr.a"t'r .....ith tr--:", ()ther t<:"ms and V,O....~SiOf:S ht'~\!,,(. S"'::E-r sr-:al: e).,_,c...;te and dt'l~ve, a ~uod snc 5uffic:ert _ _s;:;n-?Tal,.___ '''>''<1,ranty ct;ed to Purcr',3'>t;f on ~~arch .5 _ 19_8~__ (,r. b\' rr:ut:Jal <1g-reerr;l'nt, at ;";, ",,,"~::er date, conv~yir;g tnl::' Propt'ny f~...,.: and c1f';-"r of 3;~~:;';'s, .:._;(~~~~-~~-e gt;',.t-:-al t:l.~E'S fo~ the year of clo:>i:-,g, and e.\('t'pt __~L~.~______.________ f,o:i:' and clt'iir of all li..ns for s}jec:al improvements installed as of the C<'I.tt' of Purchaser's signature herevn. whi'th<"r t:.~'ie~si:'d or not; f,t'e and de..r of all liens anti encumbrances except ~one ' ,I e),ceDt re-c0rdt'd andor 'apparent ea5crrH~nts for tele-phone, elt'O('tri('i~y. watt'r, s<:o.nit::.ry sewer. and easem€"nts Idr or record which does not effect the title, , , il i: exc~pt the following restrictive covenants which do not ....ontain a right of revert~r: None and subject to building and zoning regulations, 12, Exc~pt as stated in pa!'"agraphs 11 and 13, if title is not merchantable and written notice of defect(s) is given by P\.lfCnE.Ser or Purchaser's agent t.o Sel;er or Seller's agent on or before dale of closing. Seller shall use reasonable effort to correct .said defecUsl prior to date of closing. If Seller is unable to correct said defect(s) on or before date of cl':Jsing-. a~ Selier's option and upon written notice to Pun:ha~er or Purchaser's agent on or before date of closing. the da~e of closing shall De extended thirty cays for tne purpo:-;e ofcorrect~ng said defect{s). Except as stated in paragraph 13. if title is not r",ndered merchantable as provided in tnis par;:;;;!'"a;:ln 12. at Purchaser's option, this contract shall be voie and of no effect and each party hereto shall be relea.<:ed from all obligations hereunder and all payments and things of value recei\'E'd hereunder shall be returned to Purcna::;er. 13. Any ~ncurr.brance required to be paid may be paid at the time of settlement from the proceeds of this trlinsaction or from any other source. Provided. however, at the option of eithe!'" party, if the total indebtedness .<:ec'..lred by liens on the Property exceeds the purchase price. this contract sh;dl be void and of no effect and t'3ch p3rty hereto shall be released from all obligations herpunder and all payments and things of value received hereunder shall be returned to Purchaser. H, General taxes ior the year of closing. based on the most recent levy and the most recent assessment, prepaid rent~, water rents. sewer rents, FHA mortgage insurance premiums and intere:;t on encu mbrances, if any, and ---- ~~~E.e cial assessr;;en ts __ snal! De aPiJortioned to date of deliver)' of deed. 15. Posse~,sion of ~hto Propcrty shali be deli\'ered to Purcna5er on de live ry of deed , , 11 I !i Ii subject to the followlngleases or tenancies: subject to present lease which is a month to month lease. ,I " , 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 btdore the date herein pro\':ded for deliver}' of dt'€d, 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 ..alue received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract dt.-spite such damage. Purchaser shall be entitled to all the credit for the insurance procet:'ds resulting from such darr.age, not exceeding, ho.....e..er. the total purchase price. Should any fi.xtures or services fail between the date o( this contract and the date or possession or t he date of delivery oi deed, whichever shall be earlier. then Seller shall be liable for the repair Or replacement OfSllCh fixtures or services with a unit of similar size. age and quality, or an equivalent credit. 17. Time is of t he 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 perfurmed 85 here:n provided, there shall be the foilow~ng r~medies' (a) IF PL'RCHASER IS 1:\' DEFAl'LT, ther. all paymen~s .ar,,J thinKS of valut-' received hereunut:'r shall be forfeited b). Purchaser and re~ained on Lehalf of S...ller and both partit's shall therpaf..er be n.Jeast:'d from all obligations hereuncer. It is agreed that such payments and thinK" of value are LIQ1_'IDATF.D DA~lAGES and texcFpt as pro....ided in subparagraph (c)) are the SELLER.S SOLI:.: A~[1 O;';LY RE.\rEUY for the Purcr,as(:r's failure to j:'~rf0r~~; the ob!:fa.::ons of this contract. Seiler express;y wai',es the :-emedi..:s of s;-,""ciiic p<::rf.:.rtr.",nct:' anJ addition...! C::l~.ab~s (b) IF SELLER lS I'): fiEF-A. l' LT. (1) Purcha"er may elect t,) treat this con..:-act as ~t:'~rnira!1:' -:. !!"; ....hicr: cast:' all pa)'ments and tr.ings of valuE' recel\ t:'J hereunder shall be returned to Purchaser and Purchast:'r p.lay reco\'er such damages as may be prop.:>r. or' (2J Purchaser may elect to tre.at this contract as heing in full force and efft'ct and Purchaser shall have the rigr.! to an action for specific performance or damages, or both. (c) Anything to the contrary here-in notwitnstandi!"lg. in the e....ent of any litiga!ion a,ising out of this contract. the court may award to the prt'....ailing p:J.r:y all reasonable cus:s and expense, including attorneys. fees 18, Purchaser and S..:ller agree that, in the event of any crlntro....ersy ngarding the earnt.:;;t mone)' ht:ld by brl)ker, un~ess mutual written instruction is recei....ed by broker. broker shall not (,l' r~quired to take any action but may av. ait any proceeding. Or at broker's option and discretion. may interplead any moneys or thing:,;; of vaiue into court and may reco\"er court costs atld reasonable attorneys' fees, , i 1 'I . ,.-" ......., ...'~" ,oF ~------ ~ ----- -~-- ----~------~-~---- ----~---- ----- .._~ --- .--- -- --.---------.--- - -- ---- - ------'-' -- ----- - - --- 19. Additional proyislvns: 1. T~is contract is contingent upon Purchasers receiving an i~:prov~~2nt survev that satisfies the Purchasers as to their ability to },ave Lots 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 .....'aiye this con t ingen cy. It is understood that Dale A. Potvin and Sally Allen-Potvin and John Doremus are licensed real estate 3rents in the State of Colorado. f' b . ? j' '. . , ;LTst v te',cf:;-2.:T1 l;'V Febr'-.J2.TV 9 1982 _0. If .hls proposal IS &ccep<.ed hJ' Seller In M'ntlng and Purcflai..r rt'Cfol\'t"S nO..lct- 01 g'"cn &l"Cepthnc~ on or Lefore F ?Lc,;arv 12 .19-.-82-, this instrument shall become a contract between Seller and Purchaser and ",ball I, . - I Inure to the Leneflt of the heirs, suceessors ano assigns of such parties, except as stat~d in paragraph 7. 8,,"-_Cl-r:],~.-.)__Z;;/:L~'.c7:l7 /~2/7 /82 "f' \-~~'ir ." / Datr :! va ~A. P )tj":'/ Solly .~lJ"u-Potvin ! j, ~..L~_ _ 2/7/82 By I I'&lr John Doremcs 'I Potviu-Box 575 Aspen, Co. I 'I 1 'I 'I I I " ,i ~ ~ Ii 2. SeJle~ 2gre~ that uj)on Pllrc]12s01~S l~~ce,'i~~ ~~,!)roval fTC)m t~e City of ASp0D for 1he sG]J&ralj(,n of I~o~s ~ and 0, Block 43. City of Aspen from Lots P and Q, Block 43, Citv of Asp~n they will substitute the existing Note and Deed of Trust, at its remaining bal ance, for a Note and D~ed of Trel;t secur~d by Lots Nand 0, Block 43, City of Aspen in the approximate arrJount of 56% of tllis remaining baJa~ce to be exeCUTed by Dale A. Potvin and S2]1~' Allen-Potvin and a !(ote and Deed of Trust secured by Lots P and Q, Block 43, Citv of Aspen in the approxi~ate amount of ~4~ of this re~aining.b2=~n~( to be executed by John Dore~us. Seller agrees to allow either of these Kates Dr Deed of Trests to be assu~ed by a qualifed buyer. This contract is expressly dated DEcen~er 31, 1981 on Dale A. Potvin, Seller and 3. contingent upon the closing of the Unit bI, Alpine Acres Subdivision , James E. Snelson, Purchaser. contract betv.:een 4 . Purchasers agree to pay a Real Estate Transfer Tax to the City of ASTJen at closing. I 'I 5. 'I ! Broker THE REAL ESTATE BROKERS ---------.. . -'~~~- j~.---./~ D~otvin Dorerr.us 608 East H,~an Aspe~_~o._~ (The- follo\\--lng gection to be completE"d by S~l]er and Listing Agent) ~l. Sellt:, accepts tne above proposal this th day of ~_ruarv . 19JiI, and agr~~s to pay 11 c0ITlrr.ission of ~;i_x-16}_ 0/" of the purcnase pric~ for St'rvices in this transaction, and a.gTees tha~. ir. the event of forfeiture of payments and things of ...alue received hereunder, such payments and thir.g-s of value shall be di...ided betw~en listing broker and Seller, one.halfthereof to said broker, but not to exceed the commission, and the balance to Seller. 1 I, Fran: illte: Fran: Western Union 2/9/82 Fultz 6000 Western Place, Suite III Fort Worth, TX 76107 I accept the terms of tbe Potvin-D::Jremus CDntract of 2/7/22 as wri'tten per telephone discussion Df 2/9/82, except 36 month payrrent 'terms on note to be changed to 30 rronth. Closing 'to be on or before 3/5/82.