HomeMy WebLinkAboutcoa.lu.ec.Edmondson, Flynn, Sykes Condominiumization
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CASELOAD SUMMARY SHEET
Ci ty of Aspen
No. .Jj,;}-tl
~:Ie COP"{
1. DATE SUBMITTED: /S / qf// STAFF: ."S"ll(l \<. -S()YW\S~
2. APPLICANT: Scoit '2d /I lon ct 5,0 tl J 'Vo+r; Cia. 'ic1t)jM1dSOyt)
~()\1)\'fl1['f -::;}r.nn OJ'Jd'1htJ/1?ar AI/()J1J ~y,f&1/ Jr.
3. REPRESENTATIVE: 3oV'! Se \,j \e., - Cld5;'- J>7tffl
4. PROJECT NAME: (-:.dmond'jt)'l11~'(/n/ SykeA
5. LOCATION: Lois;: F, u: f,kck /h.
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Suh;/, &~fpl-;tY)? / to ,de )
('/~ 41 Ar~.J
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6. TYPE OF APPLICATION:
Rezoning X Subdivision
P.U.D. X Exception
Special Review Exemption
Growth Management 70:30
HPC Residential Bonus
condD mill i Ull!i~t}I;&"v
10 C'/~ f! ~ On.! -::runt" J&, fCln
____Stream Margin
____8040 Greenline
____View Pl ane
~Conditional Use
_Other
7. REFERRALS:
LAttorney ,
~Engineering Dept.
-AJlousing,
Water
_City Electric
Sanitation District ____School District
Mountain Bell ____Rocky Mtn. Nat. Gas
Parks ____State Highway Dept.
Holy Cross Electric _Other
~Fire Marshal/Building Dept.
8. REVIEW REQUIREMENTS:
.....
9. DISPOSITION:
P & Z
Approved
Denied
Date
Date
1/J-1, F I
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,
Council ~ APproved~
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Denied
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10. ROUTING:
LAttorney
ABuilding
L-Eng;neering
Other
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MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Edmondson/Flynn/Sykes Subdivision Exception
DATE: September 14, 1981
APPROVED AS TO
Location:
Zoning:
Lot Size:
App 1 icant ' s
Request:
Engineering
Department:
Building
Department:
700 block of W. Francis Street (Lots E, F, and G, Blo
City of Aspen)
R-6
Approximately 9,000 square feet
The applicants are requesting subdivision exception for the
purposes of condominiumization of three separate single
family units.
The applicant should be required to join a sidewalk, curb,
and gutter improvement district in the event one is formed.
The owner/applicant should be required to obtain an encroach-
ment license from the City for the fences which extend into
both the alley and Francis Street right-of-ways.
Following final approvals, the mylars should be submitted
to this office with the surveyor's signature and seal.
Initial Inspection, June 15, 1981
"The following app 1 i cati on presents several problems in
zoning and building code compliance,
With regard to zoning, none of the structures comply with
front yard setback requirements and two of the units don't
meet with sideyard requirements.
Additionally, the lot is only 9000 square feet total. For
R-6 zoning the amount of lot size necessary would be 13,500
square feet.
From a Building Code stand point, units #1 and #3 would have
to provide a l-hour exterior protection for walls and windows
due to property li~e locations or setbacks.
The Building Department has not inspected all the units noted,
however, the inconsistencies with current zoning codes certainly
indicate many problems with this application.
A current electrical Inspection should be performed on all
units to insure compliance. Our office will contact the
appl i.cant' s attorney for entry."
Electrical Inspection, July 27, 1981
"The three structures were inspected for electrical safety
and adequacy on July 16, 1981. The following is a summary of
that inspection:
(l) 717 W. Francis is a building under construction. The
electrical is not yet ready for a "rough" inspection. As
a result there is insufficient electrical construction to
justify any comments. Before a final electrical approval can
be given the structure will have to meet all of the require-
ments of the 1978 edition of the N.E.C.
~
Memo: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumization)
Page Two
September 14, 1981
(2) 721 W. Francis (rear structure). The following defi-
ciencies were noted:
(a) Unprotected service entrance cable on outside wall to
the meter.
(b) Main Service Disconnect and Distribution Panel is
located in kitchen cabinet behind dishes. The front panel
is blocked and cannot be removed.
(c) The electrical system is basically a 2 wire (no ground)
system although one receptacle has a ground contact without
an adequate ground. The panel does not have the required
water pipe and rod ground.
(d) Kitchen does not have small appliance circuits and
at least one additional receptacle is required.
(e) Upstairs, living room and downstairs bedroom do not
have adequate receptacles.
(f) No switchable light in dining room. Note this is the
room that is first entered from outside.
(g) Does not have separate washing machine circuit.
(3) 725 W. Francis. This is the west structure. The defi-
ciencies noted were:
(a) No equipment ground in lighting panel.
Lb)#12 wire connected to 30 AMP circuit breaker (#10 wire
minimum for 30 AMP CB)
(c) Multiple wires connected to circuit breaker.
(d) Barebulb in closet within 7 inches of combustibles
(18" mi.niJnum required)
(e) No small applicance circuit in kitchen. (Basically
the kitchen including refrigerator is connected to one
15 AMP circuit.)
(f) Need 2 receptacles in kitchen, 2 in bedroom and 1 in
living room.
(g) Bathroom does not have a switchable light located at
door.
Planning
Office:
In addition, a staircase located in the rear structure leading
to the upstairs bedrooms did not have a handrail and was 16~"
wide with a 9':;;" riser and 5" tread."
A number of non-conformities exist. All three structures
reveal inconsistencies in this situation with the Area and
Bulk Requirements of the R-6 zoning district in the area of
minimum lot area per dwelling unit, and front, side and rear
yard set backs. In addition, the absence of adequate on-site
parking and the encroachment of fencing into neighboring
properties as well as the City's alley and street right-of-
ways create legal and technical complications, However, the
Municipal Code does not regulate the condominiumization of
nonconforming structures, or the issue of inadequate parking.
Prior to this application being submitted to City Council, an
encroachment license will be required covering the fence
enc~oachments into City right-of-ways.
The application letter indicates that the applicants have
been owner/occupants of all three units in excess of the
eighteen (18) month rental history review period. The
applicants do consent to the rental restriction of each unit
to periods of not less than six (6) successive months with
two (2) shorter tenancies.
Memo: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumization)
Page Three
September 14, 1981
Planning Office
Recommendations
and P & Z
Action:
Planning Office recommends approval of the request for sub-
division exception for the purposes of condominiumizing the
Francis Street Condominiums subject to the following condi-
tions:
1. Compliance with the Engineering Department memorandum
dated June 3, 1981 to wit:
a. The applicant should be required to join a sidewalk,
curb, and gutter improvement district in the event
one is formed.
b. The owner/applicant should be required to obtain an
encroachment license from the City for the fences
which extend into both the alley and Francis Street
right-of-ways,
c. Foll?wing final approvals, the mylars should be
submltted to this office with the surveyor's signa-
ture and seal.
2. Rental restrictions on all three units to six (6)
month minimum leases with two (2) shorter tenancies.
Council
Action:
If Council concurs with the Planning Office recommendation and
the action taken by the Planning and Zoning Commission, the
appropriate motion is as follows:
"I move to approve the subdivision exception for the purpose
of condominiumizing the Francis Street Condominiums subject
to the following conditions:
1. The applicant be required to join a sidewalk, curb,
and gutter improvement district in the event one
is formed.
2. The owner/applicant be required to obtain an encroach-
ment license from the City for the fences which
extend into both the alley and Francis Street right-
of-ways.
3. Compliance with Building Department's requirements.
4. Following final approvals, the mylars should be
submitted to the Engineering Department with the
surveyor's signature and seal.
5, Rental restrictions on all three (3) units to six (6)
month minimum 1 eases with two (2) shorter tenancies."
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ALLEY' RLOCK 16
ASPEN.PITKIN-"1=IEGIONAL BUILDIt.lfG DEPARTMENT
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MEMORA.'WUM
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TO:
Jac~t1ohnson, Planning Department
He~ Paddock, Chief Building Official
"."- 'j
FROM:
RE:
Edmonson/Flynn/Sykes Subdivision
DATE:
June 15, 1981
--------------------------------------------------------------------
The following application presents several problems in zoning
nd building code compliance.
With regard to zoning, none of the structures comply with front
yard setback requirements and two of the units don't meet with
sideyard requirements,
'I
Additionally, the lot is only '000 square feet total. For R-6
zoning the amount of lot size necessary would be 13,500 square feet.
From a Building Code stand point, untis #1 and #3 would lliave to
provide I-hour evTP1'i "1' ,w.:s;rt.IiC~iiU',.:.,vills.-ao;:a::wi ntjQ\Vs~..dlJ.e.,:to
propeI'ty I ine~9c1!ti9ns .oxs'?:tQJl.Cks,
The Building Department has not inspected all the units noted,
however, the inconsistancies-Wrrn-curteHT zoning codes certainly
indicate many P:r91:J I el!!l;) wit!). this applicat ign,
A current electrical. in:;lJ;l~.C1; ion shoulq _Q~p~;rJprllled on all l\ni ts
to insure compliance. Our office' will contact the apI?lic:mt 's -~
attorney for entry, -----..--....-"-.".---,.-'---'"'''-.--~.--',--'-'~.,-,...,-
cc: Planning Commission
Sachs, Klein, seiger
506 East Main Street
Aspen, Colorado 81611
303/925-5973
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"AS.'PEN.PITKIN' REGIONAL BUILDlh~G DEPARTMENT
MEMORANDUM
TO:
Herb Paddock, Chief Building Official
~
FRml:
~tan Stevens, Electrical Inspector
RE: 717-725 W. Francis
DATE: July 27, 1981
The three structures
adequacy on July 16,
inspection:
were inspected for electrical safety and
1981. The followin~ is a summary of that
.
(1) 717 W. Francis is a building under construction. The ele~trical
is not yet ready for a "rough" inspection. As a result there is
insufficient electrical construction to justify any co~~ents.
Before a final electrical approval can be given the structure will
have to meet all of the requirements of the 1978 edition of the
N.E.C.
(2) 721 W. Francis (rear structure). The following deficiencies
were noted:
(a) Unprotected service entrance cable on outside wall to
the meter. .
(b) Main Service Disconnect and Distribution Panel is located
in kitchen cabinet behind,~ishes. The front panel is blocked
and cannot be removed
(c) The electrical system is basically a 2 wire (no ground)
system although one receptacle has a ground contact without
an adequate ground. The paneL'does:, not have the required water
pipe and rod ground. '
(d) Kitchen does not have small appliance circuits and at
least one additional receptacle is,required,
(e) Upstairs, living room and downstairs bedroom do not have
adequate receptacles.
(f) No switchable light in dining room. Note this is the room
that is first entered from outside.
(g) Does not have sepate washing machine circuit.
(3) 725 W. Francis.
noted were:
(a) No equipment ground
(b) #12 wire connected
minimum for 30 AMP CB)
This is the west structure.
The deficiencies
in lighting panel.
to 30 A\1P circuit breaker (#10
wire
506 East Main Street
Aspen, Colorado 81611
303/925-5973
July 27, 1981
<:' . Page 2
(c)
(d)
(18"
Multiple wires connected to circuit breaker.
Barebulb in closet within 7 inches of combustables
minimum required)
(e) No small appliance circuit in kitchen. (Basically the
ki1:chen includinG refrigerator is connected to one 15 AHP
circui t . )
(f) Need 2 receptacles in kitchen, 2 in bedroom and 1 in
living room.
(g) Bathroom.does not have a switchable light located at
door
In addition, a staircase located in the rear structure leading
to the upstairs bedrooms did not have a handrail and was 16!" ,
wide with a 9t" riser and 5" tread.
.
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505 East; r,,1.ai., ~>treoet;
Aspon,Cob,-ado 81611
303/525-5=73
P-SPEN.PITKIN REGIONAL BUILDING DEPARTMENT
, 0 \',~~n
ME~ORANDUM . AUG 41981 'iU
FRO~.I:
Stan Stevens, Electrical Inspector
&fs
ASPEN / PITKIN CO,
PlANNING OFFICE
TO:
Herb Paddock, Chief Building Official
RE: 717-725 W. Francis
DATE: July 27, 1981
The three structures were inspected for electrical safety and
adequacy on July 16, 1981. The followin~ is a summary of that
inspection:
(1) 717 W, Francis is a building under construction. The electrical
is not yet ready for a "rough" inspection. As a result there is
insufficient electrical construction to justify any comments,
Before a final electrical appr0val can be given the structure will
have to meet all of the requirements of the 1978 edition of the
N.E.C.
(2) 721 W. Francis (rear structure). The following deficiencies
were noted:
(a) Unprotected service entrance cable on outside wall to
the meter.
(b) Main Service Disconnect and Distribution Panel is located
in kitchen cabinet behind,~ishes. The front panel is blocked
and cannot be removed
(c) The electrical system is basically a 2 wire (no ground)
system although one receptacle has a ground contact without
an adequate ground, The paneL'does not have the required water
pipe and rod ground.
(d) Kitchen does not have small appliance circuits and at
least one additional receptacle is required,
(e) Upstairs, living room and downstairs bedroom do not have
adequate receptacles.
(f) No switchable light in dining room. Note this is the room
that is first entered from outside.
(g) Does not have sepate washing machine circuit.
(3) 725 W. Francis.
noted were:
(a) No equipment ground
(b) #12 wire connected
minimum for 30 AMP CB)
This is the west structure.
The deficiencies
in lighting panel.
to 30 AW? circuit breaker (#10
wire
506 East Main Street
Aspen, Colorado 81611
303/925-5973
.....,
,
July 27, 1981
-Page 2
(c) Multiple wires connected to circuit breaker.
(d) Barebulb in closet within 7 inches of combustables
(18" minimum required)
(e) No small appliance circuit in kitchen. (Basically the
kitchen includin" refrigerator is connected to one 15 AMP
circui t. )
(f) Need 2 receptacles in kitchen, 2 in bedroom and 1 in
living room. '
(g) Bathroom does not have a switchable light located at
door
In addition, a staircase located in the rear structure leading
to the,upstairs bedrooms did not have a handrail and was 16!"
wide with a 9!" riser and 5" tread.
",'.<...
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SACHS KLEIN & SEIGLE
JEFFREY H. SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
ATTORNEYS AT LAW
201 NORTH MILl. STREET
ASPEN. COLORADO B tel t
TELEPHONE
(303) 82!J-B700
JAMES H. DELMAN
May 15, 1981
Planning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Request for Exemption from Subdivision
Regulations
Gentlemen:
Request is hereby made on behalf of Scott Edmondson,
Patricia Edmondson, Michael Lawrence Flynn and Thomas Allan
Sykes, Jr., (hereinafter referred to as the "Applicants")
under ~20-19(a) of the City of Aspen Municipal Code, Sub-
division Regulations, for an exception from the definition
of the term subdivision with respect to the following real
property: Lots E, F, and G, Block 16, City of Aspen.
It is submitted by the Applicants that the requested
exception is appropriate. This application involves the
condominiumization of three existing residences located on
the subject property. These residences have been owner-
occupied since the purchase of the subject property by these
owners on November 20, 1978. Applicants Scott Edmondson and
Michael Lawrence Flynn are both teachers in the Aspen
schools and intend to reside in two of the residences which
are presently on the subject property as does applicant
Thomas Allan Sykes, Jr. Strict compliance with subdivision
regulations would deprive the Applicants of their reasonable
use of their land. If an exception were granted, the owners
of the property will have a common interest in the land and
will promulgate a condominium declaration, by-laws and
articles of incorporation applicable to the property which
will not in any way increase the land use of the property.
An exception in this case will not conflict with the intent
and purpose of the subdivision regulations which are di-
rected to assist the orderly, efficient and integrative
development of the City of Aspen, to insure the proper
distribution of population, to coordinate the need for
public services and to encourage well planned subdivisions.
It is further submitted by the Applicants that the exception
is necessary for the preservation and enjoyment of sub-
stantial property rights and that the granting of the ex-
Planning Office
City of Aspen
May 15, 1981
Page Two
ception will not be detrimental to the public welfare or
injurious to other property in the area.
The granting of this application will not undermine the
intent of subdivision regulations and it is clearly within
the area intended for exception under ~20-19(a) of the City
of Aspen Municipal Code. The buildings located on the
property are already in existence and condominiumization of
the subject property will not create any change in the
present density which is now compatible with the zone den-
sity for the property. As already stated, there is no
rental history for these units during the period of Ap-
plicants' ownership since they have all been owner-occupied
for the past two and one-half years and the approval of this
application for exception will not, therefore, reduce the
supply of low and moderate income housing. Applicants have
no knowledge of the rental history of the property prior to
their acquisition of the property. Applicants agree, upon
condominiumization approval, to restrict the rental of said
units to periods of not less than six successive months (or
in the alternative, to no more than two short term periods
within any calendar year).
Applicants would appreciate your consideration of this
application by P & Z at its next regular meeting. I have
enclosed a check in the amount of $50.00 to cover the
filing fee. I have also attached two copies of the plat.
We will be most happy to provide you with additional copies
upon request.
SACHS, KLEIN & SEIGLE
By
DavJ.d Seigle
ney for Applicants
JDS/ap
MEMORANDUM
TO: City Attorney
City Engineeri n9 Department
City Housing Director
.Fire Marshal/Building Department
FROM: Jack Johnson, Planning Office
RE: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumization)
DATE: May 18, 1981
Enclosed is an application for subdivision exception submitted by Scott
Edmondson, Patricia Edmondson, Michael Flynn and Thomas Sykes, Jr. This
application requests approval to condominiumize three existing residences
located on Lots E, F, and G, Block 16, in Aspen. This item has been
scheduled for June 16,1981, for the Aspen Planning and Zoning Commission.
Please return any comments to the Planning Office by Tuesday, June 2nd.
Thanks.
.
-
I
. SACHS KLEIN & SEIGLE
~ ,
JEFFREY H. SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
A1TORNEYS AT LAW
201 NORTH MILL. STREET
ASPEN. COLORADO 81811
May 15, 1981
JAMES H. DELMAN
Planning- Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re:, Request for Exemption from Subdivision
Regulations
Gentlemen:
TELEPHONE
<30:5) 828.8700
Request is hereby made on behalf of Scott Edmondson,
patricia Edmondson, Michael Lawrence Flynn and Thomas Allan
Sykes, Jr., (hereinafter referred to as the "Applicants")
under S20-l9(a) of the City of Aspen Municipal Code, Sub-
division Regulations, for an exception from the definition
of the term subdivision with respect to ,the following real
property: Lots E, F, and G, Block 16, City of Aspen.
It is submitted by the Applicants that the requested
exception is appropriate. This application involves the
condominiumization of three existing residences located on
the subject property. These residences have been owner-
occupied since the purchase of the subject property by these
owners on November 20, 1978. Applicants Scott Edmondson and
Michael Lawrence Flynn are both teachers in the Aspen
schools and intend to reside in two of the residences which
are presently on the subject property as does applicant
Thomas Allan Sykes, Jr. Strict compliance with subdivision
regulations would deprive the Applicants of their reasonable
use of their land. If an exception.were granted, the owners
of the property will have a common interest in the land and
will promulgate a condominium declaration, by-laws and
articles of incorporation applicable to the property which
will not in any way increase the land use of the property.
An exception in this case will not conflict with the intent
and purpose of the subdivision regulations which are di-
rected to assist the orderly, efficient and integrative
development of the City of Aspen, to insure the proper
distribution of population, to coordinate the need for
public services and to encourage well planned subdivisions.
It is further submitted by the Applicants that the exception
is necessary for the preservation and eujoyment of sub-
stantial property rights and that the granting of the,ex-
.
,',,",
-,
."..../
Planning Office
City of Aspen
May 15, 1981
Page Two
ception will not be detrimental to the public welfare or
injurio~s to other property in the area.
The granting of this application will not undermine the
intent of subdivision regulations and it is clearly within
the area intended for exception under ~20-l9(a) of the City
of Aspen Municipal Code. The buildings located on the
property are already in existence and condominiumization of
the subject property will not create any change in the
present density which is now compatible with the zone den-
sity for the property. As already stated, there is no
rental history for these units during the period of Ap-
plicants' ownership since they have all been owner-occupied
for the past two and one-half years and the approval of this
application for exception will not, therefore, reduce the
supply of low and moderate income housing. Applicants have
no knowledge of the rental history of the property prior to
their acquisition of the property. Applicants agree, upon
condominiumization approval, to restrict the rental of said
units to periods of not less than six successive months (or
in the alternative, to no more than two short term periods
within any calendar year).
Applicants would appreciate your consideration of this
application by P & Z at its next regular meeting. I have
enclosed a check in the amount of $50.00 to cover the
filing fee. I have also attached two copies of the plat.
We will be most happy to provide you with additional copies
upon request.
SACHS, KLEIN & SEIGLE
By
Davl.d Sel.gle
ney for Applicants
JDSjap
.
MEMORANDU~l
TO: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
RE: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumization)
DATE: June 16, 1981
Location:
Zoning:
Lot Size:
Applicant's
Request:
Engineering
Department:
Building
Department:
Planning
Office:
700 block of W. Francis Street (Lots E, F, and G, Block 16,
City of Aspen) ,
R-6
Approximately 9,000 square feet
The applicants are requesting subdivision.exception.for the
purposes of condominiumization of three separate single
family units.
The applicant should be required to join a sidewalk, curb,_
and gutter improvement district in the event one is formed.
The owner/applicant should be required to obtain an encroach-
mentlicen~e from the City for the fences which extend into
both the alley and Francis Street right-of-ways.
Following final approvals, the mylars should be submitted
to this office with the surveyor's signature and seal.
Comments from the Building Department were not available at
the writing of this memorandum. Comments will be made at
the P & Z meeting.
A number of non-conformities exist. All three structures
reveal inconsistencies in this situation with the Area and
Bulk Requlrements of the R-6 zoning district in the area of'
minimunfT6l.c1rea per dwelling unit, and front, si.de and rear
yard set backs. In addition, the absence of adequate on-site
parking and the encroachment of fencing into-neighboring'
properties as well as the City's alley and street rjght-o~-
ways create legal and technical complications. However, the
Municipal Code does not regulate the condominiumization of
nonconforming structures, or the issue of inadequate parking.
Prior to this application being submitted to City Council, an
encroachment license will be required covering the fence
encroachments into City right-of-ways.
The application letter indicates that the applicants have
been owner/occupants of all three units in excess of the
eighteen (18) month rental history review period. The
applicants do consent to the rental restriction of each unit
to periods of not less than six (6) successive months with
two (2) ,shorter tenancies.
Planning Office Planning Office recommends aeeroval of the request for sub-
Recommendations: division exception for the purposes. of condominiumizing the
Francis Street Condominiums subject to the following condi-
tions:
1. Compliance with the Engineering Department memorandum
___ dated June 3, 1981 to wit:
a. The applicant should be required to join a sidewalk,
curb, and gutter ' improvement district in the event
one is formed.
b. The owner/applicant should be required to obtain an
encroachment license from the City for the fences
which extend into both the alley and Francis Street
right-of-ways.
Memo: Edmondson/Flynn/Sykes
Page Two
June 16. 1981
Subdivision
r:r)~ A~
ExcePtio~ndominiumizatiOn)
c. Following final approvals. the mylars should be
submitted to this office with the surveyor's signa-
ture and seal.
2. Rental restrictions on all three units to six (6)
month minimum leases with two (2) shorter tenancies.
-
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SACHS KLEIN & SEIGLE
JEFFREY H. SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
ATTORNEYS AT LAW
201 NORTH MILL STREET
ASPEN. COLORADO 811511
TEL.I!PHON!:
(303) 8215-8700
JAM ES H. DELMAN
May 15, 1981
Planning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Request for Exemption from Subdivision
Regulations
Gentlemen:
Request is hereby made on behalf of Scott Edmondson,
Patricia Edmondson, Michael Lawrence Flynn and Thomas All~n
Sykes, Jr., (hereinafter referred to as the "Applicants")
under S20-19(a) of the City of Aspen Municipal Code, Sub-
division Regulations, for an exception from the definition
of the term subdivision with respect to the following real
property: Lots E, F, and G, Block 16, City of Aspen.
It is submitted by the Applicants that the requested
exception is appropriate. This application involves the
condominiumization of three existing residences located on
the subject property. These residences have been owner-
occupied since the purchase of the subject property by these
owners on November 20, 1978. Applicants Scott Edmondson and
Michael Lawrence Flynn are both teachers in the Aspen
schools and intend to reside in two of the residences which
are presently on the subject property as does applicant
Thomas Allan Sykes, Jr. Strict compliance with subdivision
regulations would deprive the Applicants of their reasonable
use of their land. If an exception were granted, the owners.
of the property will have a common interest in the land and
will promulgate a condominium declaration, by-laws and
articles of incorporation applicable to the property which
will not in any way increase the land use of the property.
An exception in this case will not conflict with the intent
and purpose of the subdivision regulations which are di-
rected to assist the orderly, efficient and integrative
development of the City of Aspen, to insure the proper
distribution of population, to coordinate the need for
public services and to encourage well planned subdivisions.
It is further submitted by the Applicants that the exception
is necessary for the preservation and enjoyment of sub-
stantial property rights and that the granting of the ex-
1
f,
"
,.
,
Planning Office
City of Aspen
May 15, 1981
Page Two
ception will not be detrimental to the public welfare or
injurious to other property in the area.
The granting of this application will not undermine the
intent of subdivision regulations and it is clearly within
the area intended for exception under ~20-19(a) of the City
of Aspen Municipal Code. The buildings located on the
property are already in existence and condominiumization of
the subject property will not create any change in the
present density which is now compatible with the zone den-
sity for the property. As already stated, there is no
rental history for these units during the period of Ap-
plicants' ownership since they have all been owner-occupied
for the past two and one-half years and the approval of this
application for exception will not, therefore, reduce the
supply of low and moderate income housing. Applicants have
no knowledge of the rental history of the property prior to
their acquisition of the property. Applicants agree, upon
condominiumization approval, to restrict the rental of said
units to periods of not less than six successive months (or
in the alternative, to no more than two short term periods
within any calendar year).
Applicants would appreciate your consideration of this
application by P & Z at its next regular meeting. I have
enclosed a check in the amount of $50.00 to cover the
filing fee. I have also attached two copies of the plat.
We will be most happy to provide you with additional copies
upon request.
SACHS, KLEIN & SEIGLE
By
David Seigle
ney for Applicants
JDS/ap
1
f,
(
.~'-.'r~
..,
SACHS KLEIN & SEIGLE
JEFFREY H. SACH8
HERBERT S. KL.EIN
JON DAVID SEIOL.E
ATTORNEYS AT L.AW
201 NORTH MIL.L. STREET
ASPEN. eOL.ORADO 81811
TELEPHONE
(3031 82&-8700
May 15, 1981
JAMES H. DELMAN
Planning- Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re:, Request for Exemption from Subdivision
Regulations
Gentlemen:
Request is hereby made on behalf of Scott Edmondson,
Patricia Edmondson, Michael Lawrence Flynn and Thomas Allan
Sykes, Jr., (hereinafter referred to as the "Applicants")
under S20-19(a) of the City of Aspen Municipal Code, Sub-
division Regulations, for an exception from the definition
of the term subdivision with respec~ to ,the following real
property: Lots E, F, and G, Block 16, City of Aspen.
It is submitted by the Applicants that the requested
exception is appropriate. This application involves the
condominiumization of three existing residences located on
the subject property. These residences have been owner-
occupied since the purchase of the subject property by these
owners on November 20, 1978. Applicants Scott Edmondson and
Michael Lawrence Flynn are both teachers in the Aspen
schools and intend to reside in two of the residences which
are presently on the subject property as does applicant
Thomas Allan Sykes, Jr. Strict compliance with subdivision
regulations would deprive the Applicants of their reasonable
use of their land. If an exce ion.were granted, the owners
of the property will have a ommon intere in the land and
will promulgate a condominium declarat~on, by-laws and
articles of incorporation applicable to the property which
will not in any way increase the land use of the property.
An exception in this case will not conflict with the intent
and purpose of the subdivision regulations which are di-
rected to assist the orderly, efficient and integrative
development of the City of Aspen, to insure the proper
distribution of population, to coordinate the need for
public services and to encourage well planned subdivisions.
It is further submitted by the Applicants that the exception
is necessary for the preservation and eujoyment of sub-
stantial property rights and that the granting of the ex-
.
.
~~
Planning Office
City of Aspen
May 15, 1981
Page Two
ception will not be detrimental to the public welfare or
injurio~s to other property in the area.
The granting of this application will not undermine the
intent of subdivision regulations and it is clearly within
the area intended for exception under 520-l9(a) of the City
of Aspen Municipal Code. The buildings located on the
property are already in existence and condominiumization of
the subject property will not create any change in the
present density which is now compatible with the zone den-
sity for the property. As already stated, there is no
rental history for these units during the period of Ap-
plicants' ownership since they have all been owner-occupied
for the past two and one-half years and the approval of this
application for exception will not, therefore, reduce the
supply of low and moderate income housing. Applicants have
no knowledje of the rental history of the property prior to
their acquisition of the property. Applicants agree, upon
condominiumization approval, to restrict the rental of said
units to periods of not less than six successive months (or
in the alternative, to no more than two short term periods
within any calendar year).
Applicants would appreciate your consideration of this
application by P & Z at its next regular meeting. I have
enclosed a check in the amount of $50.00 to cover the
filing fee. I have also attached two copies of the plat.
We will be most happy to provide you with additional copies
upon request.
SACHS, KLEIN & SEIGLE
By
Dav1d Se1gle
ney for Applicants
JDS/ap
.
.r-,
\......
-...
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MEMORANDUM
TO: Jack Johnson, Planning Office
FROM:
Jay Hammond, Engineering Office
*
DATE:
June 3, 1981
RE:
Edmondson, Flynn, Sykes Condominiumization, Lots E, F, and G
Block 16, O.A.T.
Having reviewed the above application and made a site inspection, the
Engineering Department has the following comments:
1, The applicant should be required to join a sidewalk, curb, and
gutter improvement district in the event one is formed.
2. The owner/applicant should be required to obtain an encroachment
license from the city for the fences which extend into both the
alley and Francis Street right-of-ways.
3. Following final approvals, the mylars should be submitted to this
office with the surveyorls signature and seal.
130 s
MEMORANDUM
DATE:
May 20, 1981
TO:
Jack Johnson
-
, ~l
Clty Attorney
FROM:
RE:
Edmondson/Flynn/Sykes Subdivision Exception (Condo-
miniumization)
Applicant must demonstrate compliance with Section 20-
22, specifically subsections (b), (c) and (d).
PJ'l': mc
<'~,~,...'
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,-
MEMORANDUM
TO: City Attorney
City Engineering Department
City Housing Director
Fire Marshal/Building Department
FROM: Jack Johnson, Planning Office
RE: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumization)
DATE: May 18, 1981
Enclosed is an application for subdivision exception submitted by Scott
Edmondson, Patricia Edmondson, Michael Flynn and Thomas Sykes, Jr. This
application requests approval to condominiumize three existing residences
located on Lots E, F, and G, Block 16, in Aspen. This item has been
scheduled for June 16, 1981, for the Aspen Planning and Zoning Commission.
Please return any comments to the Planning Office by Tuesday, June 2nd.
Thanks.
~
STATEMENT IN CONNECTION WITH
RE-RECORDING OF CONDOMINIUM DECLARATION
STATEMENT made by and between the undersigned this
13th day of June, 1983.
WI!~E~~ET!!
WHEREAS, the City of Aspen previously excepted the
condominiumization of the three residential units located on
Lots E, F and G, BloCK 16, City and Townsite of Aspen, Pitkin
County, Colorado, from compliance with full subdivision
procedures; and
WHEREAS, the City of Aspen approved the form of the
Condominium Declaration proposed to be recorded in connection
therewith; and
WHEREAS, it was intended that three exhibits be
appended to said declaration prior to its recording which
exhibits were designated as Exhibits "A", "B" and "C"; and
WHEREAS, said declaration was inadvertently recorded
without said exhibits on June 3, 1983, in Book 446 at Pages 343
through 372 of the records of the Clerk and Recorder of Pitkin
County; and
WHEREAS, both the declarant and the City of Aspen
desire that said declaration be re-recorded with the exhibits
attached.
NOW, THEREFORE, the undersigned hereby acknowledge
that the attached Condominium Declaration may and should be re-
recorded with the addition of Exhibits "A", "B" and "C" thereto
and the Clerk and Recorder is hereby authorized to accept said
declaration for re-recording.
~
Atto
~~
Michael Lawrence Flynn
On Behalf of All of the
Declarants
.
"
EXHIDIT A
TO
THE CONDOMINIUM DECLARATION
FOR
WEST FRANCIS STREET CONDOMINIUMS
Lots E, F & G, Block 16
City and Townsite of Aspen
. County of Pitkin, State of Colorado
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EXHIBIT C
TO
THE CONDOMINIUN DECLARATION
FOR
WEST FRANCIS STREET CONDOMINIUMS
Unit
Designation
Percentage
Undivided Interest
Unit 1
1/3
1/3
1/3
Unit 2
Unit 3
.
,
~
~
.
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE WEST FRANCIS STREET CONDOMINIUM
SCOTT EDMONDSON, PATRICIA EDMONDSON, MICHAEL LAWRENCE FLYNN,
ANNE BENNETT FLYNN, THOMAS ALLAN SYKES, JR., and DOROTHY DELAPLANE
SYKES, (hereinafter "Covenantors") for themselves individually and
collectively and their heirs, personal representatives, successors
and assigns, in consideration for the granting of an exception
from the full subdivision process for the purpose of condominiumi-
zation of the following described property (known as the West
Francis Street Condominium), hereby covenants with the City of
Aspen, pitkin County, Colorado, to restrict said property, and
hereby does restrict said property as follows:
1. Covenantors represent that they are the record title
owners of the following described property, together with the
improvements (including three residences) located thereon:
Lots E, F and G, Block 16, Original Aspen Townsite,
City of Aspen, County of Pitkin,
State of Colorado
also known as 717-721-725 West Francis Street, Aspen, Colorado
81611.
2. The sale of any of the dwelling units located on the
above-described property shall be in strict compliance with the
provisions of Section 20-22(a), Aspen Municipal Code.
3. The dwelling units located on the above-described pro-
perty shall and hereby are restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per calendar
year, all as described in Section 20-22(b), Aspen Municipal Code,
as amended.
4. In the event that any municipal improvement or improve-
ments of a kind contemplated in Section 20-16 of the Municipal
Code of the City of Aspen, as amended, become, in the sole judg-
ment or discretion of the City Council of the City of Aspen,
necessary or desirable to the area of the Francis Street Condo-
minium, Covenantors will make no objection to any special assess-
ment 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. Covenantors further agree
to join, upon demand therefor by the City, any improvement dis-
trict 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 West Francis Street Condominium or to reimburse the
City of Aspen directly upon demand therefor if the City should
choose to construct these improvements without the formation of
such a district.
5. The covenants contained herein shall run with the land
and shall be binding on all parties having any right, title or
interest in the above-described property or any part thereof, and
their heirs, representatives, successors and assigns, for the
period of fifty (50) years from the date these covenants are
recorded.
6. None of the covenants contained herein shall be released
or waived in any respect or modified or amended during the period
they are binding without the prior consent of the City of Aspen
reflected by Resolution of the City Council of the City of Aspen.
IN WITNESS WHEREOF, this declaration has been duly executed
this day of , 1983.
Patricia Edmondson
Scott Edmondson
Anne Bennett Flynn
Michael Lawrence Flynn
Dorothy Delaplane Sykes
Thomas Allan Sykes, Jr.
,
2
"""
STATE OF COLORADO
)
) ss.
)
County of Pitkin
The foregoing instrument was acknowledges before me this
day of
, 1983, by Scott
Edmondson, patricia Edmondon, Michael Lawrence Flynn, Anne Bennett
Flynn, Thomas Allan Sykes, Jr., and Dorothy Delaplane Sykes.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address
.
3
.
ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT made and entered into this
day of
, 1983, by and between the City of Aspen,
pitkin County, Colorado, hereinafter referred to as "Aspen" and
Scott Edomondson, Patricia Edmondson, Michael Lawrence Flynn, Anne
Bennett Flynn, Thomas Allan Sykes, Jr. and Dorothy Delaplane Sykes
and or Assigns, hereinafter referred to as "Licensees".
WHEREAS, Licensees are the owners of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Lots E, F and G,
Block 16
City and Townsite of Aspen,
Pitkin County, Colorado
also known as 717-721-725 West Francis Street,
Aspen, Colorado 81611
WHEREAS, said property abuts the fOllowing described public
right-of-way:
700 Block of West Francis Street and the alley of Block 16,
City and Townsite of Aspen
WHEREAS, Licensees desire to encroach upon said right-of-way,
said encroachment being more particularly described as follows and
adjacent to the property described above:
See Exhibit "A" attached hereto and
incorporated herein by this reference.
WHEREAS, Licensees desire to encroach upon said right-of-way
for the following purpose:
To maintain existing fences which encroach into the
right-of-way for the street and the alley.
WHEREAS, Aspen agrees to the grant of a private non-exclusive
license of encroachment pursuant to Section 19-5, Aspen Municipal
Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensees covenant and agree as fol-
lows:
~
,
.
1. A private non-exclusive license is hereby granted to
Licensees to occupy, maintain and utilize the above-described por-
tion of public right-of-way for the sole purpose described.
2. This license is granted for a perpetual term subject to
being terminated at any time and with or without cause and for any
reason at the sole discretion of the City Council of the City of
Aspen.
3. This license is made subordinate to the right of Aspen
to use said area for any public purpose.
4. Licensees are responsible for the maintenance and repair
of said encroachment, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
determine to be necessary to keep the same in a safe and clean
condition.
5. Licensees shall at all times durnig the term hereof,
carry sufficient public liability insurance against personal
injury and property damage naming Aspen as a co-insured and pro-
tecting Aspen against any and all claims and demands (including
reasonable fees and costs of defense) as a result of or arising
out of the use and maintenance by Licensee of said property.
6. Licensees shall and hereby do agree to release, indem-
nify and hold Aspen whole and harmless against any and all claims
for damages, costs and expenses, including expert witness fees and
reasonable attorneys fees, to persons or property that may arise
out of, or be occasioned by the use, occupancy and maintenance of
said property by Licensees, or from any act or omission of any
representative, agent, customer and/or employee of Licensees.
7. This license may be terminated by Licensees at any time
and for any reason on thirty (30) days' written notice of its
intent to terminate. This license may be terminated by Aspen at
any time and for any reason by Resolution duly passed by the City
Council of the City of Aspen. Upon termination, Licensees shall,
at their expense, remove any improvements or encroachments from
said property and restore it to a condition satisfactory to Aspen.
2
.
.
8. This license is subject to all state law, the provisions
of the Charter of the City of Aspen as it now exists, or as may
hereafter be adopted or amended, and the ordinances of the City of
Aspen now in effect or those which may hereafter be passed and
adopted.
9. Nothing herein shall be construed so as to prevent Aspen
from granting to anyone such additional licenses or property
interests in or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land, and
binding upon Licensee, its successors and assigns.
IN WITNESS WHEREOF, the parties exec~ted this agreement at
Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
By
Mayor
ATTEST:
City Clerk
LICENSEES:
Patricia Edmondson
Scott Edmondson
Michael Lawrence Flynn
Anne Bennett Flynn
Dorothy Delaplane Sykes
Thomas Allan Sykes, Jr.
STATE OF COLORADO
)
) SSe
)
County of Pitkin
The foregoing Encroachment License Agreement was acknowledged
before me this
day of
, 198
,
by
,
,
,
,
and
.
WITNESS my hand and official seal.
My commission expires:
.
Notary Public
.
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EXHIBIT "A"
,......
~,o-~ t>- f J
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDOMINIUMIZATION
WHEREAS, the provisions of Section 20-19 of the Aspen Munici-
pal Code provide that the City Council may except a particular
division of land from the full subdivision process under certain
circumstances; and
WHEREAS, pursuant to said Section 20-19, Scott Edmondson,
Patricia Edmondson, Michael Lawrence Flynn, Anne Bennett Flynn,
Thomas Allan Sykes, Jr., and Dorothy Delaplane Sykes (hereinafter
"Owners") have requested such an exception
from the full subdivi-
t~~iS Street
and known and described
sion process for the condominiumization of
Condominium on real property owned by them
as follows:
Lots E, F and G, Block 16, City and Townsite of Aspen,
County of Pitkin, State of Colorado ~L
.'" "'- "" ".,..,.,...,1<.,.... ft-', ~~".."..., (.,(6- '",,
WHEREAS, the Aspen Planning & Zoning Commission on June 16,
1981, recommended approval of such request subject, however, to
certain conditions; and
WHEREAS, the Aspen City Council has determined that the
requested exception was appropriate and on September 14, 1981,
approved the owners' application for such exception subject to the
following conditions:
1. The owners of the subject property shall for themselves,
their successors and assigns agree and covenant to join an
improvement district for construction of sidewalk, curb and gutter
in the event such an improvement district is ever formed in the
neighborhood.
2. The owners obtain an encroachment license for fences
,~,~t1.~
extending into the alley~"rancis Street.
3. Compliance by the owners with requirements established
by the Building Department
inspection contemplated by
of the City of Aspen, pursuant to
Section 20-22~Of the Municipal
the
Code.
-
,.."'",
-
4. Submission of the condominium plat to the City Engineer
for approval.
5. Deed restriction of each condominiumized unit pursuant
to Seeton 20-22 of the Municipal Code of Aspen.
PROVIDED, HOWEVER, that the foregoing exception is further
expressly conditioned upon (1) the owners'~~~COrding
with the Pitkin County Clerk and Recorde~at certain "Declara-
tion Covenants, Restrictions and Conditions for th~iS
Street Condominium", dated
, 1983,__
lif:......f: nh;roh ic:: ~t-t~,...hQ~ h,,_~~..... fli liiulilii\ 1I~1l~ and (2) the
Applicant's strict compliance, for itself and for its successors
and assigns, with the provisions contained therein and all other
binding conditions of approval on this matter set by the Planning
& Zoning Commission and/or the City Council.
day of
, 1983.
DATED this
Herman Edel, Mayor
APPROVED AS TO FORM:
Paul J. Taddune, City Attorney
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
Purposes of Condominiumization of Francis Street Condominium was
considered and approved by the Aspen City Council at its regular
meeting held
, 1983, at which
time the Mayor, Herman Edel, was authorized to execute the same on
behalf of the City of Aspen.
Kathryn S. Koch, City Clerk
""'"
-
\t"'\ ~ ~ f:\.
yv-
.
ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT made and entered into this
day of
, 1ge3
, by and between the City of Aspen,
Pitkin County, Colorado, hereinafter referred to as "Aspen" and
~rt~,Jst.. pllk.:":> E.I,..,.,.J~ ~.~~ f''t4'' ,4.tot- ~ f-I~.." ~ All_S'jJ<..ts.lJr,.J
I I I :J ' ~
and or Assigns, hereinafter referred to as "Licensees". D"r;~ DeIrfIAt'< ~/:tS
WHEREAS, Licensees are the owners of the following described
property located in the City of Aspen, Pitkin County, Colorado:
~ff, I.:tf: ~ f,
&II>C-/...,'- :k JcAM
"I.,,..J~ 1i:4
',fl<.t-~ J .f:1-'Pt - P~.
,1.,1'-' '" vJ4$f ,..,....~(,
WHEREAS, said property abuts the following described public &i6~.....
S~e EUHieit
"A",
atLd(.ll~d. hereto and
,illearparatefl Herein -by this reference...
right-of-way:
1~D ~~'b ..,~+ Ff~ ~~ ~
~ ,<\-1,,", 'b ~I,,,\... l/P.l " ~ .J. 1~...Jr'hk1 ,ii"f
WHEREAS, Licensees desire to encroach upon said right-of-way,
said encroachment being more particularly described as follows and
adjacent to the property described above:
See Exhibit * attached hereto and
incorporated herein by this reference.
WHEREAS, Licensees desire to encroach upon said right-of-way
for the following purpose: 1"Z' ~..,':h..~ -'\<'IS+''''~ ~ ~.~
J"""r~ .ffl -1\.c Pt' -~-"'''1 If' -{\. ~ ~ -f\c- ~~l~.
WHEREAS, Aspen agrees to the grant of a private non-exclusive
license of encroachment pursuant to Section 19-5, Aspen Municipal
Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensees covenant and agree as fol-
lows:
1. A private non-exclusive license is hereby granted to
Licensees to occupy, maintain and utilize the above-described por-
tion of public right-of-way for the sole purpose described.
"'"
/'''''-
2. This license is granted for a perpetual term
~ #f ....,...<Hf~ ~ ./
being terminated at any time anu~{Q; any reason at the
cretion of the City Council of the City of Aspen.
3. This license is made subordinate to the right of Aspen
subject to
sole dis-
,to use said area for any public purpose.
4. Licensees are responsible for the maintenance and repair
of said encroachment, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
determine to be necessary to keep the same in a safe and clean
condition.
5. Licensees shall at all times durnig the term hereof,
carry sufficient public liability insurance against personal
injury and property damage naming Aspen as ~ co-insured and pro- )
-t:t. .it. ~f> (,;;S'''' ~,.,.~ ft-' -.I. ~h" ~ .__J
tecting Aspen against any and all calms s a result of or arising
out of the use and maintenance by Licensee of said property. 0
rd~M", I",*""I).'1r<?r ~_,/~
6. Licensees shall and hereby do agree ~nold Aspen whole
and harmless against any and all claims for damages, costs and
expenses, including expert witness fees and reasonable attorneys
fees, to persons or property that may arise out of, or be occa-
sioned by the use, occupancy and maintenance of said property by
Licensees, or from any act or omission of any representative,
agent, customer and/or employee of Licensees.
7. This license may be terminated by Licensees at any time
and for any reason on thirty (30) days' written notice of its
intent to terminate. This license may be terminated by Aspen at
any time and for any reason by ~esolution duly passed by the City
Council of the City of Aspen. Upon termination, Licensees shall,
at their expense, remove any improvements or encroachments from
said property and restore it to a condition satisfactory to Aspen.
8. This license is subject to all state law, the provisions
of the Charter of the City of Aspen as it now exists, or as may
hereafter be adopted or amended, and the ordinances of the City of
Aspen now in effect or those which may hereafter be passed and
adopted.
" ~
/ "
.
9. Nothing herein shall be construed so as to prevent Aspen
from granting to anyone such additional licenses or property
interests in or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land, and
binding upon Licensee, its successors and assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
By
Mayor
ATTEST:
City Clerk
LICENSEES:
, {,(\tb
STATE OF COLORADO
)
) ss.
)
County of Pitkin
The foregoing Encroachment License Agreement was acknowledged
by
n.ere.
day of
(le-t~.ulJ -+e:r~..,.. ~l~ (/I.,,~,
, 198
~ ~'+"'1)
,
before me this
" bl(^ ~s
.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address
...-.
/',",
~
STATE OF COLORADO
)
) ss.
)
County of Pitkin
The foregoing Encroachment License,Agreement was acknowledged
before me this
day of
, 198
,
by
WITNESS my hand and' official seal.
My commission expires:
Notary Public
Address'
--
...
" 51'1l~-z., Sb~
iO_R A f_l.
l
..\.~
r~
DECLARATION OF COVENANTS,
FOR ~CIS
_ _~ SCOTT EDMONDS~, PATRICIA EDMONDSON, MI
~YNN' THOMAS~ES' JR., and DOROTH (hereinafter
"Covenantors") for themselves individually and collectively and
their heirs, personal representatives, successors and assigns, in
consideration for the granting of an exception from the full sub-
division process for the purpose of cO_~iumization of the fol-
lowing described property (known as th~ancis Street Condo-
minium), hereby covenants with the City of Aspen, Pitkin County,
Colorado, to restrict said property, and hereby does restrict said
property as follows:
1. Covenantors represent that they are the record title
owners of the following described property, together with the
improvements (including three residences) located thereon:
also
Lots E, F and G, Block 16, Original Aspen Townsite,
City of Aspen, County of Pitkin,
'"7. n.1~+ :;;te of Colorado
kno~ - Francis Street, Aspen, Colorado 81611.
2. The sale of any of the dwelling units located on the
above-described property shall be in strict compliance with the
provisions of Section 20-22(a), Aspen Municipal Code.
.'
C----- -', / ...3<
The dwelling units located on the above-described pro-
-
perty shall and hereby are restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per calendar
~.~(:~
year, all as ~ in Section 20-22(b), Aspen Municipal Code, as
amended.
4. In the event that any municipal improvement or improve-
ments of a kind contemplated in Section 20-16 of the Municipal
Code of the City of Aspen, as amended, become, in the sole judg-
,Aiment or discretion of the
, //
necessary or desirable to
City Council of the City of Aspen,
the area of the Francis Street Condo-
minium, Covenantors will make no objection to any special assess-
ment or special tax or proceeding therefor on the basis that the
property is adequately served by existing improvements and/or on
,
I
l
, ,
"........
the basis that the premises will not be served or benefited by the
improvement or improvements proposed. , Covenantors further agree
to join, upon demand therefor by the City, any improvement dis-
trict formed for construction of such improvements (including,
without limitation, drainage, underground utilities, paving,
. Planting,~ gutters, sidewalks, street lights, etc.) in the
area of t~~rancis Street Condominium 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 dis-
trict.
5. The covenants contained herein shall run with the land
and shall be binding on all parties having any right, title or
interest in the above-described property or any part thereof, and
their heirs, representatives, successors and assigns, for the
period of fifty (50) years" "RiiJLe._~ !lel!Le8 ie hiill'. from the
date these covenants are recorded.
6. None of the covenants contained herein shall be released
or waived in any respect or modified or amended during the period
they are binding without the prior consent of the CitY~Spen
reflected by~esolution of the City Council of the City of Aspen.
IN WITNESS WHEREOF, this declaration has been duly executed
this
, 1983.
day of
Patricia Edmondson
Scott Edmondson
~
.,LP
Michael Flynn
,~
Anne 1(' Flynn
M(~
ThOma~SYkeS' Jr.
n.Lr,n ~
IF':;""+-
DorothY'/f. Sykes
i
..
i
, .
,
STATE OF COLORADO
)
) SS.
)
County of Pitkin
The foregoing instrument was acknowledged before me this
day of
, 1983, by Scott
Edmondson, Patricia Edmondon, Michael L. Flynn, Anne B. Flynn,
Thomas A. Sykes, Jr., and Dorothy D. Sykes.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address
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ADDENDUM TO CONDOMINIUM DECLARATION
FOR
WEST FRANCIS STREET CONDOMINIUMS
This Addendum to the Condominium Declaration for West
Francis Street Condominiums (hereinafter "Declaration") made this
day of , 1983 by all of the owners of that
real property situated in the County of Pitkin, State of Colorado
described in Exhibit A to the Condominium Declaration for West
Francis Street Condominiums.
The following terms, conditions and restrictions are hereby
added to the Declaration and incorporated therein.
1. In the event that an improvement district is ever formed
in the neighborhood of the West Francis Street Condominiums for
the purpose of construction of sidewalk, curbs and gutters, the
owners of the condominium units shall agree to join said
improvement district.
2. The condominium units shall and hereby are restricted to
six-month minimum leases with no more than two (2) shorter
tenancies per calendar year as required by the Aspen Municipal
Code, as amended.
3. The covenants contained herein shall run with the land
and shall be binding on all parties having any right, title or
interest in the condominium units or any part thereof, their
heirs, representatives, successors and assigns.
4. None of the covenants contained in this Addendum shall
be released or waived in any respect during the period they are
binding without the prior consent of the City of Aspen reflected
by resolution of the City Council of the City of Aspen.
this
IN WITNESS WHEREOF,
.2'1 day of ~
this Addendum has been duly executed
, 1983.
Sr -on- &L.-. -dtJfM.
Scott Edmondson
~~)~.nH/
atricia Edmondson
fk1n.Q ~ ~
Michael Lawrence Flynn
~~~b,
Thomas Allan Sykes, Jr. /~
.~, ~ ~
t.:..L-....,yt,C &....~ ' . _ 7~
Anne Bennett Flynn
~/~dd(l~ ~
Doroth Delap ane Syke
".,
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing Addendum to Condominium Declaration was
subscribed and sworn to before me this Let
1983 by Scott Edmondson, Patricia Edmondson,
Flynn, Thomas Allan Sykes, Jr., Anne Bennett
Delaplane Sykes.
day of ~
Michael L rence
Flynn and Dorothy
Witness my hand and official seal.
My commission expires:
~
Not~~ Public
Addr s:
201 NOttII M!II Slrllfilt, Sull..20 t
AIlftI:II'l t".ftInr...dn A........
-2-
-'.
.o-~ ~ fj
/.
"
---
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDOMINIUMIZATION
WHEREAS, the provisions of Section 20-19 of the Aspen Munici-
pal Code provide that the City Council may except a particular
division of land from the full subdivision process under certain
circumstances; and
WHEREAS, pursuant to said Section 20-19, Scott Edmondson,
Patricia Edmondson, Michael Lawrence Flynn, Anne Bennett Flynn,
Thomas Allan Sykes, Jr., and Dorothy Delaplane Sykes (hereinafter
.Owners") have requested such ~n exception from the full subdivi-
I,j.;,'
sion process for the condominiumization of the Francis Street
Condominium on real property owned by them and known and described
as follows:
Lots E, F and G, Block 16, City and Townsite of Aspen,
County of Pitkin, State of Colorado
WHEREAS, the Aspen Planning & Zoning Commission on June 16,
1981, recommended approval of such request subject, however, to
certain conditions; and
WHEREAS, the Aspen City Council has determined that the
requested exception was appropriate and on September 14, 1981,
approved the owners' application for such exception subject to the
following conditions:
1. The owners of the subject property shall for themselves,
their successors and assigns agree and covenant to join an
improvement district for construction of sidewalk, curb and gutter
in the event such an improvement district is ever formed in the
neighborhood.
2. The owners obtain an encroachment license for fences
extending into the alley from Francis Street.
3. Compliance by the owners with requirements established
inspection contemplated by
of the City of Aspen, pursuant to
Section 20-22~ of the Municipal
the
by the Building Department
Code.
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4.
Submission of the condominium plat to the City Engineer
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for approval.
5. Deed restriction of each condominiumized unit pursuant
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to Seeton 20-22 of the Municipal Code of Aspen.
PROVIDED, HOWEVER, that the foregoing exception is further
expressly conditioned upon (1) the owners' immediate recording
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with the Pitkin County q,erk and Recorder that certain "Declara-
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tion Covenants, Restrictions and Conditions for the "Francis
Street Condominium", dated
, 1983, a
copy of which is attached hereto as Exhibit "A", and (2) the
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Applican~'s strict compliance, for itself and for its successors
and assigns, with the provisions contained therein and all other
binding conditions of approval on this matter set by the Planning
& Zoning Commission and/or the City Council.
DATED this
day of
, 1983.
Herman Edel, Mayor
APPROVED AS TO FORM:
Paul J. Taddune, City Attorney
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
Purposes of Condominiumization of Francis Street Condominium was
considered and approved by the Aspen City Council at its regular
meeting held
, 1983, at which
time the Mayor, Herman Edel, was authorized to execute the same on
behalf of the City of Aspen.
Kathryn S. Koch, City Clerk
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.
ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT made and entered into this
day of
, 19 , by and between the City of Aspen,
Pitkin County, Colorado, hereinafter referred to as "Aspen" and
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and or Assigns, hereinafter referred to as
", TJu:;C\..'.)
WHEREAS, Licensees are the owners of the following described ~
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property
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located in the City of Aspen, Pitkin County, Colorado:
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See Exhibit "A", attached hereto and
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, .i,Dq:>rporated herein by this reference.
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WHEREAS, said property abuts the following described public
right-of-way:
WHEREAS, Licensees desire to encroach upon said right-of-way,
said encroachment being more particularly described as follows and
adjacent to the property described above:
See Exhibit "B" attached hereto and
incorporated herein by this reference.
WHEREAS, Licensees desire to encroach upon said right-of-way
for the following purpose:
-Iv jL1~.~~' ~IS~ fV(C ~
WHEREAS, Aspen agrees to the grant of a private non-exclusive
license of encroachment pursuant to Section 19-5, Aspen Municipal
Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensees covenant and agree as fol-
lows:
1. A private non-exclusive license is hereby granted to
Licensees to occupy, maintain and utilize the above-described por-
tion of public right-of-way for the sole purpose described.
",
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2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole dis-
cretion of the City Council of the City of Aspen.
3. This license is made subordinate to the right of Aspen
to use said area for any public purpose.
4. Licensees are responsible for the maintenance and repair
of said encroachment, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
determine to be necessary to keep the same in a safe and clean
condition.
5. Licensees shall at all times dur~ the term hereof,
carry sufficient public liability insurance against personal
injury and property damage naming Aspen as a co-insured and pro-
tecting Aspen against any and all claims as a result of or arising
out of the use and maintenance by Licensee of said property.
6. Licensees shall and hereby do agree to hold Aspen whole
and harmless against any and all claims for damages, costs and
expenses, including expert witness fees and reasonable attorneys
fees, to persons or property that may arise out of, or be occa-
sioned by the use, occupancy and maintenance of said property by
Licensees, or from any act or omission of any representative,
agent, customer and/or employee of Licensees.
7. This license may be terminated by Licensees at any time
and for any reason on thirty (30) days' written notice of its
intent to terminate. This license may be terminated by Aspen at
any time and for any reason by resolution duly passed by the City
Council of the City of Aspen. Upon termination, Licensees shall,
at their expense, remove any improvements or encroachments from
said property and restore it to a condition satisfactory to Aspen.
8. This license is subject to all state law, the provisions
of the Charter of the City of Aspen as it now exists, or as may
hereafter be adopted or amended, and the ordinances of the City of
Aspen now in effect or those which may hereafter be passed and
adopted.
"",.-,.,...
9. Nothing herein shall be construed so as to prevent Aspen
from granting to anyone such additional licenses or property
interests in or affecting said property as it deems necessary.
10. The conditions hereof imposed .on the granted license of
encroachment shall constitute covenants running with the land, and
binding upon Licensee, its successors and assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
By
Mayor
ATTEST:
City Clerk
LICENSEES:
--------------
STATE OF COLORADO
)
) ss.
)
County of Pitkin
--..
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The foregoing Encroachment License Agreement was acknowledged
before me this
day of
, 19B
,
by
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address
-
.
STATE OF COLORADO
)
) ss.
)
County of Pitkin
The foregoing Encroachment License Agreement was acknowledged
before me this
day of
, 198
,
by
WITNESS my hand and' official seal.
My commission expires:
Notary Public
Address'
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3161
Regular Meeting
Aspen City Council
September 14, 1981
RESOLUTION H8
(Series of 1981)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND TIGA
ADVERTISING, INC, SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH TIGA
ADVERTISING INC. MAY SOLICIT AND SELL COMMERCIAL ADVERTISING AND ADVERTISING
SPACE IN ALL CITY OWNED BUSSES
councilman Parry moved to adopt Resolution #48, Series of 1981: seconded by Councilman
Knecht. All in favor, motion carried.
CASTLE RIDGE LAUNDRY FACILITIES
Monroe Summers reminded Council they had decided not to provide washers and dryers in the
individual units at Castle Ridge. There is a demand for these type facilities from the
tenants. Storage spaces in four units could be made into common laundry facilities at
a cost of about $2,000 each. Western Slope Asset Managements has agreed to bear these
costs in exchange for a lease and the right to operate the laundries for five years with
nO money to the city~ Assistant City Manager Lois Butterbaugh said a resolution to do
this will have to be approved by the Housing Authority as opposed to the City Council. The
staff will bring a resolution to the Housing Authority if it is indicated Council supports
this. Council agreed with the proposal and will address a resolution as the Housing ,
Authority. .
SUBDIVISION EXCEPTION - Edmundson/Flynn/Sykes
Colette Penne, planning office, told Council this is located in the 700 block of West
Francis. The zoning is R-6 and there is 9,000 square feet. The applicants are requesting
subdivision exception to condominiumize three separate single family units. Ms. Penne
told Council a number of non-conformities exist; the structures are inconsistent with the
area and bulk requirements~ There is a lack of parking and encroachments in the alley.
Ms. Penne told Council the applicants have been owners of the units in excess of 18
months. The applicants have agreed to the six month minimum lease provision. Ms~ Penne
pointed out a long list of requirements from the building department~ The applicants are
will to do whatever is necessary. The planning office recommends approval with the
conditions as outlined in the memorandum.
Councilwoman Michael moved to approve the subdivision exception for the purpose of condo-
miniumizing the Francis Street Condominiums subject to the fOllowing conditions; (I)
the applicant be required to join a sidewalk, curb and getter improvement district in
the event one is formed. (2) the owner/applicant be required to obtain an encr-oachment
license from the city for the fences which extend into both the alley and Francis street
rights-of-way; (3) compliance with the building department's requirements; (4) following
final approvals, the mylars should be submitted to the engineering deparmtnet with the
surveyor's signature and seal: (5) rental restrictions on all three units to six month
minimum leases with two shorter tenancies; seconded by Councilman Parry. All in favor,
motion carried.
LOT LINE ADJUSTMENT - Sturgis/Thomson
Colette Penne, planning office, said this is located at 820-824 Roaring Fork road in an
R-l5 zone district. The request is to permit a boundary line adjustment, to which both
parties agree. Adjusting the boundary will form an adequate side yard setback and will
decrease the non-conformity slightly~
Councilman Parry moved to approve the lot line adjustment between the sturgis and Thomson
properties as per the revised final plat; seconded by Councilman Knecht~
Councilman Collins asked if this changed the density at all. Lennie Oates, representing
the applicants, said it did not.
All in favor, motion carried.
ORDINANCE '56, SERIES OF 1981 - Rules of Procedure/Commercial Core and Lodging Commission
Councilman Parry moved to read Ordinance #56, Series of 1981; seconded by Councilman
Knecht. All in favor, motion carried.
ORDINANCE #56
(Series of 1981)
,
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Councilman Knecht moved to adopt Ordinance #56, Series of 1981, on first reading; secondedl
by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Collins, aye: Knecht, .
aye; Mayor Edel, aye. Motion carried.
AN ORDINANCE REPEALING AND REENACTING SECTION 5 OF ORDINANCE NO,
1981) SO AS TO REDUCE THE QUORUM REQUIREMENT FOR THE TRANSACTION
OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION FROM FOUR (4)
(3) was read by the city cleark
1 (SERIES OF
OF BUSINESS
TO THREE
ORDINANCE #58, SERIES OF 1981 - Fund and Appropriation Reductions
Finance Director Ron Mitchell told Council this implements the five per cent reductions
in budget dues to the sales tax revenues.
Councilman Parry moved to read Ordinance 'Sa,.Series of 1981; seconded by Councilman
Collins. All in favor, motion carried.
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STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION
,
WHEREAS, the provisions of Section 20-19(b) of the Aspen
Municipal Code provide that, following receipt of the
recommendation from the Planning Commission, 'the City Council may
exempt a particular division of land from the definition of a
subdivision set forth in Section 20-3(s) of the code, when, in
the judgment of the City Council, such division of land is not
within the intent and purpose of the subdivision regulations, and
WHEREAS, pursuant to said Section 20-19(b), Scott Edmondson,
Patricia Edmondson, Michael Lawrence Flynn, Anne ~~nnett Flynn,
Thomas Allan Sykes, Jr., Dorothy Delaplane Sykes have requested
such an exemption for the condominiumization of the Francis
Street Condominium on real property known and described as: Lots
E, F, and G, Block 16, City and Townsite of Aspen, County of
Pitkin, State of Colorado.
mlERB1,S, the Aspen Planni.ng & Zoning Commission, recommended
approval of such request, and
WHEP~AS, the Aspen City Council has determined that the
proposed condominiumization is not within the intents and
purposes of subdivision regulation, and on September 14, 1981
approved the mme:cs' application for exemption from the
definition of subdivision subject to the following conditions:
1. The O\'lllers of the subject prop,erty shall for themselves,
their successors and assigns agree and covenant to joi.n an
improvement district for construction of sidewalk, curb and
gutter in the event such an improvement district is ever formed
in the neighborhood.
2. The owners obtain an encroachment license for fences
extending into the alley from Francis Street.
3. Compliance by the owners with requirements established
by the Building Department of the City of Aspen.
4. Submission of the condominium plat to the City Engineer
for approval.
5. Deed restriction of each condominiumized unit pursuant
to Section 20-22 of the Municipal Code of Aspen.
.
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restricted to six (6) month minim~m leases with no more than two
(2) shorter tenancies per year.
THEREFORE, the Aspen City Council, pursuant to the authority
granted in section 20-l9(b) of the Aspen Municipal Code, does
hereby determine and declare that the proposed condominiumization
of the property above-described is not within the intents and
purposes of Chapter 20 of the Aspen Municipal Code and does
hereby waive the enforcement of the City subdivision regulations
with respect thereto.
Done this
day of
, 198__ by the Aspen
City Council at its regular meeting held on said date.
Herman Edel, Mayor
ATTEST:
Kathryn S. Koch
C?_ty CleI"k
STATE OF COLORP.DO
COUNTY OF PITKIN
)
)
)
5S.
The foregoing instrument was duly
this day of
Kath17n S. Koch personally known to me
of the City of Aspen, Colorado.
acknowledged before me
, 198 Herman Edel and
to beJMayor and City Clerk
Witness my hand and official seal.
111' conunission expires:
Notary Public
Address:
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restricted to six (6) month minimum leases with no more than two
(2) shorter tenancies per year.
THEREFORE, the Aspen City Council, pursuant to the authority
granted in Section 20-19(b) of the Aspen Municipal Code, does
hereby determine and declare that the proposed condominiumization
of the property above-described is not within the intents and
purposes of Chapter 20 of the Aspen Municipal Code and does
hereby waive the enforcement of the City subdivision regulations
with respect thereto.
Done this
day of
, 198
by the Aspen
City Council at its regular meeting held on said date.
Herman Edel, Mayor
ATTEST:
Kathryn S. Koch
City Clerk
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was duly
this day of
Kathryn S. Koch personally known to me
of the City of Aspen, Colorado.
acknowledged before me
, 198 Herman Edel and
to be;Mayor and City Clerk
Witness my hand and official seal.
Hy commission expires:
Notary Public
Address:
-2-
fia:? 17, 1 ~b3
James H. Delman, Esq.
Sachs. Klein & Seigle
201 North Mill Street
Aspen, Colorado b1611
Bp: Edmondson/Flynn/SYKes Condominiumization
Dear Jim:
bnclosed herewlth are drafts of :flY proposed Statement of Exception
cU1d Deed Restrictions in the above-rpferencec1 matter.
[,1 so enclosed is a bl ard, Encroachment License ,\greement.
Please review them and let me know it they are acceptable. I
understand troPt our conversation last '"(.ek, that you will be
check ing wi th your cl ients (ami possibly the Bui ldinq Department)
on 1:he status of tile Section 20-22(e) wspection and cOf.1pliance.
I will be out of town from Nay 20 to /.lay 30 and should be back in
the office on nay 31.
Very truly yours,
Gary S. Fsary
Assistant City Attorney
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ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT made and entered into this
day of
, 19 , by and between the City of Aspen,
Pitkin County, Colorado, hereinafter referred to as "Aspen" and
and or Assigns, hereinafter referred to as "Licensees".
WHEREAS, Licensees are the owners of the following described
property located in the City of Aspen, Pitkin County, Colorado:
See Exhibit "A", attached hereto and
incorporated herein by this reference.
WHEREAS, said property abuts the following described public
right-of-way:
WHEREAS, Licensees desire to encroach upon said right-of-way,
said encroachment being more particularly described as follows and
adjacent to the property described above:
See Exhibit "B" attached hereto and
incorporated herein by this reference.
WHEREAS, Licensees desire to encroach upon said right-of-way
for the following purpose:
WHEREAS, Aspen agrees to the grant of a private non-exclusive
license of encroachment pursuant to Section 19-5, Aspen Municipal
Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensees covenant and agree as fol-
lows:
1. A private non-exclusive license is hereby granted to
Licensees to occupy, maintain and utilize the above-described por-
tion of public right-of-way for the sole purpose described.
,.......,
"-"
........
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2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole dis-
cretion of the City Council of the City of Aspen.
3. This license is made subordinate to the right of Aspen
to use said area for any public purpose.
4. Licensees are responsible for the maintenance and repair
of said encroachment, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
determine to be necessary to keep the same in a safe and clean
condition.
5. Licensees shall at all times durnig the term hereof,
carry sufficient public liability insurance against personal
injury and property damage naming Aspen as a co-insured and pro-
tecting Aspen against any and all claims as a result of or arising
out of the use and maintenance by Licensee of said property.
6. Licensees shall and hereby do agree to hold Aspen whole
and harmless against any and all claims for damages, costs and
expenses, including expert witness fees and reasonable attorneys
fees, to persons or property that may arise out of, or be occa-
sioned by the use, occupancy and maintenance of said property by
Licensees, or from any act or omission of any representative,
agent, customer and/or employee of Licensees.
7. This license may be terminated by Licensees at any time
and for any reason on thirty (30) days' written notice of its
intent to terminate. This license may be terminated by Aspen at
any time and for any reason by resolution duly passed by the City
Council of the City of Aspen. Upon termination, Licensees shall,
at their expense, remove any improvements or encroachments from
said property and restore it to a condition satisfactory to Aspen.
8. This license is subject to all state law, the provisions
of the Charter of the City of Aspen as it now exists, or as may
hereafter be adopted or amended, and the ordinances of the City of
Aspen now in effect or those which may hereafter be passed and
adopted.
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9. Nothing herein shall be construed so as to prevent Aspen
from granting to anyone such additional licenses or property
interests in or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land, and
binding upon Licensee, its successors and assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
By
Mayor
ATTEST:
City Clerk
LICENSEES:
STATE OF COLORADO
)
) ss.
)
County of Pitkin
The foregoing Encroachment License Agreement was acknowledged
before me this
day of
, 198
,
by
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address
'" '""
"'-". ",-,,'
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing Encroachment License Agreement was acknowledged
day of
, 198
before me this
by
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address'
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DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE FRANCIS STREET CONDOMINIUM
SCOTT EDMONDSON, PATRICIA EDMONDSON, MICHAEL L. FLYNN, ANNE
B. FLYNN, THOMAS A SYKES, JR., and DOROTHY D. SYKES, (hereinafter
"Covenantors") for themselves individually and collectively and
their heirs, personal representatives, successors and assigns, in
consideration for the granting of an exception from the full sub-
division process for the purpose of condominiumization of the fol-
lowing described property (known as the Francis Street Condo-
minium), hereby covenants with the City of Aspen, Pitkin County,
Colorado, to restrict said property, and hereby does restrict said
property as follows:
1. Covenantors represent that they are the record title
owners of the following described property, together with the
improvements (including three residences) located thereon:
Lots E, F and G, Block 16, Original Aspen Townsite,
City of Aspen, County of Pitkin,
State of Colorado
also known as Francis Street, Aspen, Colorado 81611.
2. The sale of any of the dwelling units located on the
above-described property shall be in strict compliance with the
provisions of Section 20-22(a}, Aspen Municipal Code.
3. The dwelling units located on the above-described pro-
perty shall and hereby are restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per calendar
~~?~
year, all as ' in Section 20-22(b), Aspen Municipal Code, as
amended.
4. In the event that any municipal improvement or improve-
ments of a kind contemplated in Section 20-16 of the Municipal
Code of the City of Aspen, as amended, become, in the sole judg-
ment or discretion of the City Council of the City of Aspen,
necessary or desirable to the area of the Francis Street Condo-
minium, Covenantors will make no objection to any special assess-
ment or special tax or proceeding therefor on the basis that the
property is adequately served by existing improvements and/or on
,r,
the basis that the premises will not be served or benefited by the
improvement or improvements proposed. Covenantors further agree
to join, upon demand therefor by the City, any improvement dis-
trict 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 Francis Street Condominium 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 dis-
trict.
5. The covenants contained herein shall run with the land
and shall be binding on all parties having any right, title or
interest in the above-described property or any part thereof, and
their heirs, representatives, successors and assigns, for the
period of fifty (50) years, whichever period is less, from the
date these covenants are recorded.
6. None of the covenants contained herein shall be released
or waived in any respect or modified or amended during the period
they are binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of Aspen.
IN WITNESS WHEREOF, this declaration has been duly executed
this day of , 1983.
Scott Edmondson
Patricia Edmondson
Michael L. Flynn
Anne B. Flynn
Dorothy D. Sykes
Thomas A. Sykes, Jr.
-.
,
STATE OF COLORADO
)
) ss.
)
County of Pitkin
The foregoing instrument was acknowledged before me this
day of
, 1983, by Scott
Edmondson, Patricia Edmondon, Michael L. Flynn, Anne B. Flynn,
Thomas A. Sykes, Jr., and Dorothy D. Sykes.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Publ ic
Address
,41
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3161
Regul~r Meeting
Aspen City Council
September 14, 1981
RESOLUTION #48
(Series of 1981)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND TIGA
ADVERTISING, INC, SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH TIGA
ADVERTISING INC, MAY SOLICIT AND SELL COMMERCIAL ADVERTISING AND ADVERTISING
SPACE IN ALL CITY OWNED BUSSES
councilman Parry moved to adopt Resolution #48, Series of 1981: seconded by Councilman
~echt. All in favor, motion carried.
CASTLE RIDGE LAUNDRY FACILITIES
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Monroe Summers reminded Council they had decided not to provide washers and dryers in the
individual units at Castle Ridge. There is a demand for these type facilities from the
tenants. Storage spaces in four units could be made into cornmon laundry facilities at ~:..
a cost of about $2,000 each. Western Slope Asset Managements has agreed to bear these ~,;
costs in exchange for a lease and the right to operate the laundries for five years with r
no money to the city. Assistant City Manager Lois Butterbaugh said a resolution to do *.
this will have to be approved by the Housing Authority as opposed to the City Council. The
staff will bring a resolution to the Housing Authority if it is indicated Council supports'
this. Council agreed with the. proposal and will address a resolution as the Housing ,
Authori ty .
SUBDIVISION EXCEPTION - Edmundson/Flynn/Sykes
Colette Penne, planning office, told Council this is located in the 700 block of West
Francis. The zoning is R-6 and there is 9,000 square feet. The applicants are reques-:ing
subdivision exception to condominiumize three separate single family units. Ms. penne
told Council a number of non-conformities exist; the structures are inconsistent with the
area and bulk requirements. There is a lack of parking and encroachments in the alley.
Ms. Penne told Council the applicants have been owners of the units in excess of 18
months. The applicants have agreed to the six month minimum lease provision. Ms. Penne
pointed out a long list of requirements from the building department. The applicants are
will to do whatever is necessary. The planning office recommends approval with the
conditions as outlined in the memorandum.
Councilwoman Michael moved to approve the subdivision exception for the purpose of condo-
miniumizing the Francis Street Condominiums subject to the fOllowing conditions; (1)
the applicant be required to join a sidewalk, curb and getter improvement district in
the event one is formed. (2) the owner/applicant be required to obtain an encr-oachment
license from the city for the fences which extend into both the alley and Francis street
rights-of-way; (3) compliance with the building department's requirements; (4) following
final approvals, the mylars should be submitted to the engineering deparmtnet with the
surveyor's signature and seal: (5) rental restrictions on all three units to six month
minimum leases with two shorter tenancies; seconded by Councilman Parry. All in favor,
motion carried.
LOT LINE ADJUSTMENT - Sturgis/Thomson
Colette penne, planning office, said this is located at 820-824 Roaring Fork road in an
R-15 zone district. The request is to permit a boundary line adjustment, to which both
parties agree. Adjusting the boundary will form an adequate side yard setback and will
decrease the non-conformity slightly.
Councilman Parry moved to approve the lot line adjustment between the Sturgis and Thomson
properties as per the revised final plat: seconded by Councilman Knecht.
COuncilman Collins asked if this changed the density at all. Lennie Oates, representing
the applicants, said it did not.
All in favor, motion carried.
ORDINANCE #56, SERIES OF 1981 - Rules of Procedure/Commercial Core and Lodging Commission
Councilman Parry moved to read Ordinance #56, Series of 1981; seconded by Councilman
Knecht. All in favor, motion carried.
ORDINANCE #56
(Series of 1981)
AN ORDINANCE REPEALING AND REENACTING SECTION S OF ORDINANCE NO.
1981) SO AS TO REDUCE THE QUORUM REQUIREMENT FOR THE TRANSACTION
OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION FROM FOUR (4)
(3) was read by the city cleark
1 (SERIES OF
OF BUSINESS
TO THREE
II
II
Councilman Knecht moved to adopt Ordinance #56, Series of 1981, on first reading: seconded:
by Councilman Parry. Roll call vote: Councilmembers Parry, aye; Collins, aye; Knecht, .
aye; Mayor Edel, aye. Motion carried.
ORDINANCE #58. SERIES OF 1981 - Fund and Appropriation Reductions
Finance Director Ron Mitchell told Council this implements the five per cent reductions
in budget dues to the sales tax revenues.
Councilman Parry moved to read Ordinance #S8,.Series of 1981: seconded by Councilman
Collins. All in favor, motion carried.
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ASPEN.PITKI~AEGIONAL BUILDll-1IlG DEPARTMENT
M E M 0 RAN DUM
TO: Gary Esary, Assistant City Attorney
FROM: Jim Wilson, Chief Building Official~
DA~E: June 7, 1983
RE: 717- 725 W. Francis Condominium
With the issuance of a Certificate of (Ccupancy on May 31st, 1983 for 717
W, Francis Street, all three structures involved with the Sykes condominium-
ization (717-725 W. Francis) are in compliance with the requirements of
Section 20-22 (e) of the City Code.
offices:
110 East Hallarn Street
\spen, Colorado 81611 303/925-5973
rnail address:
506 East Main Street
Aspen, Colorado 81611
CITY OF ASPEN.
MEMO FROM GARY S. ESARY
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",SPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
lAND USE APPLICATION FEES
County
00100 - 63711 09009 - 00000
63712
63713
63714
63715
63716
63717
City
00100 - 63721 09009 - 00000
63722
63723
63724
63725
63726
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
Conceptual Application
Preliminary Application
Final Application
Exemption
Rezoning
Conditional Use
County land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
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Phone: ':,,:
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Check No.
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SACHS, KLEIN & SEIGLE
MEMO FROM: James H. Delman
To: 1a I(J [~~
Date: ~ (25 I J-3
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