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landuse case.board of adjustment.2 Ajax Ave.0043-2009
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0043.2009.ASLU 2737 - 074 -09 701 2 AJAX AVENUE DREW ALAXANDER BOVA VARIENCE AMY GUTHRIE 11.26.2006 Angela Scorey on 08/26/2009 Resolution No. 1 (SERIES OF 2009) R._` �J'PTION #: 562175, 08/21/2009 at 03:44 PM, 1 OF 4, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, GRANTING A SIDE AND FRONT YARD SETBACK AND RESIDENTIAL DESIGN STANDARD VARIANCES FOR 2 AJAX AVENUE, LOT A, SMUGGLER RUN MOBILE HOME PARK SUBDIVISION, CITY OF ASPEN TOWNSITE Parcel Identification Number 2737 - 074-09 -701 WHEREAS, Amy Guthrie of 2 Ajax Avenue, submitted a request for variance, dated July 2, 2009 to the Board of Adjustment as outlined in Section 26.314.040; and WHEREAS, the Board of Adjustment reviewed the application upon recommendation from the Community Development Department on August 6th, 2009 during a noticed public hearing; and, WHEREAS, the City of Aspen Board of Adjustment finds that the development proposal meets or exceeds all applicable development standards and that the approval and recommendation of approval of the land use requests is consistent with the goals and objectives of the Aspen Area Community Plan; and WHEREAS, The City of Aspen Board of Adjustment voted in favor of the application by a vote of 4 - 0 by those present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN BOARD OF ADJUSTMENT AS FOLLOWS: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. A request for the variance granted was initiated by: Amy Guthrie of 2 Ajax Avenue, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26- 304- 060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the Aspen Municipal Code. 4. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. Resolution No. L Series 2009 Page 1 of 3 5. The literal interpretation and enforcement of the terms of Chapter 26 of the Aspen Municipal Code would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining that the applicant's rights would be deprived absent a variance, the Board considered certain special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant. Section 2. Variance Granted. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 26 of the Aspen Municipal Code by a 4 to 0 vote: A 4'3" north side yard setback variance, a front yard setback variance of nothing less than 1', and Residential Design Standard Variances for an entry porch of 32 sq. ft. and building orientation that includes a front fagade not parallel to the tangent of the midpoint of the are of the street for the construction of a new manufactured home. Section 3• The approval granted hereby shall be subject to all rights of judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) of this Chapter. Section 4: Zoning that is not part of the approved site specific development plan shall not result in the creation of a vested property right. Section 5: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 6: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 7: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before Resolution No. 1, Series 2009 Page 2 of 3 the Board of Adjustment, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 8• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the City of Aspen Board of Adjustment on this 6w day of August, 2009. APPROVED AS TO FORM: Jim True, Special Counsel ATTEST: I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a,m eui g held on the day hereinabove stated. J ckie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Approved site plan dimensional variances. Resolution No. 1, Series 2009 Page 3 of 3 m DO D om r m >n r m m ❑ � o 0 n n ❑ < < m m > A < D ❑ m -+ N N — � N m A VI N UI (n 99 Guthrie Residence 2 Aj. Avenue Aepen, CO 01611 rz1N A 1.1 SITE PLAN STU DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Amy Guthrie, P.O. Box 2770 Aspen CO 81612 Property Owner's Name, Mailing Address Lot A, Smuggler Run Mobile Home Park Subdivision City and Townsite of Aspen 2 Ajax Ave Legal Description and Street Address of Subject Property Approval of dimensional variance for a north side Yard setback reduction of 4' 3" and a front yard setback of nothing less than 1' Approval of Residential Design Standard variance for Building Orientation and Entry Porch Requirement (32 sq. ft.) Written Description of the Site Specific Plan and /or Attachment Describing Plan Approval by the City of Aspen Board of Adjustment for dimensional and Residential Design Standards variances under Resolution No. 1, Series of 2009, August 6, 2009; Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Effective Date of Development Order (Same as date of ication of notice of approval.) Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 24`h day of August, 2009, by the City of Aspen Community Development Director. /% � , , , Chris Bendon, Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pititin I, eJ (name, please print) being or r pres nting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: ,/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 6% day of 143►9 , 200 _1, by ,, :,4 Ize M SCZ- W" & City of Aspen Published in The Aspen Times Weekly on August 16, 2W9, 0 WITNESS MY HAND AND OFFICIAL SEAL My c( r V �� omm ission e'xppirres:, mob?- 1() 1 a0 1 6 Notary Public ATTACHMENTS: °: e LAURA COPY OF THE P UBLICATION MEYER M➢ Cwffii siw Fnires 08/10010 M+� NOTICE OF PUBLIC HEARING CASE #001 -2009 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variances are as follows: Date and Time of Meeting: Date: August 6, 2009 Time: 4:00 P.M. Owner for Variance: Amy Guthrie Representative for Variance: Name: Amy Guthrie Address: 2 Ajax Aspen, CO 81611 Location or description of property: 2 Ajax, Aspen, CO 81611. Variances Requested: The applicant is requesting 2 setback variances to build 1 new residential dwelling and Residential Design Variances. Will applicant be represented by Counsel: YES:X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Rick Head, Chairman I w� AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE HEARING DATE: STATE OF COLORADO ) ) ss. County of Pitkin ) Aspen, CO 1 Inn `% V l (name, please print) being or representinq an Applicant to the City of Aspen, Colorado, hereby personally certify that I have c&nplied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 4— Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) ys prior to the public hearing. A copy of the publication is attached hereto. Z'Posting of notice: By posting of notice, which form wa obtaipe4 from the 5.... Community Development Department, which was madi�JO)u�tSable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fftUn (15) days prior to the public hearing and was continuously visible from the% day of 2001 to and including the date and time of the public hearing. A ph tograph of the posted /notice (sign) is attached hereto. v// Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 0* 101 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendRWnts. The for omg "Affidavit of Notice" was acknowledged before me this _5—day of 20('1, by v► �i (j (A4 h rj WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 020 l % cj JACWE •i ( tp�}ilAbt i0 ' ary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY HAIL ® A Bend along line to Easy Peel labels � 9 � , .. � AVERY® 5160 , Use Avery® Template 51600 Feed Paper expose Pop-Up Edge T"' j ANDERSON TIMOTHY J 316 OAK LN ASPEN, CO 81611 BAKER KIRK S 315 OAK LN ASPEN, CO 81612 ARTHUR STEPHEN F PO BOX 4871 ASPEN, CO 81612 BARNEY DESIREE H & SAMUEL T 211 COTTONWOOD LN ASPEN, CO 81611 BENNETT PATRICIA WADE & THEODORE BERGMAN CARL R & CATHERINE M F BERGMAN LINDA 317 OAK LN PO BOX 1365 ASPEN, CO 81611 ASPEN, CO 81612 BROMKA KAREN S & BARRY J BURROWS ARTHUR & COLLEEN COLLINS 11 AJAX AVE 410 N MILL ST #B -11 ASPEN, CO 81611 ASPEN, CO 81611 CENTENNIAL ASPEN II LP CITY OF ASPEN 100 LUKE SHORT CT 30 FINANCE DEPT S 1 ST ASPEN, CO 81611 130 GALENA ASPEN, N, CO 81611 1 CLEAVER CHRISTIN CLARK CORBIN SUYDAM PO BOX 8993 217 COTTONWOOD LN ASPEN, CO 81612 -8993 ASPEN, CO 81611 ELLIOTT PAMELA C ERSPAMER JOHN 206 COTTONWOOD LN 534 SPRUCE ST #1 ASPEN, CO 81611 ASPEN, CO 81611 FONTANA WILLIAM FORDE CANDICE MARIE PO BOX 3313 210 COTTONWOOD LN ASPEN, CO 81612 ASPEN, CO 81611 GOLDMAN MICHAEL A GILE ROBERT B III SNYDER AMY L 570 SPRUCE ST PO BOX 4212 ASPEN, CO 81611 ASPEN, CO 81612 HARRIS DANIEL & RUTH HESSELSCHWERDT MARK P HARRIS AMY & JEANNETTE PO BOX 2522 47 DAVIDSON LN ASPEN, CO 81612 SNOWMASS, CO 81654 ttiquettes faciles A peler ; A Repliez h la hachure afin de winces la ..gait AVFRVO r1lFWD I -ASens dew^' rEvEler le rcbord Pop -Up *M ASPEN SQUARE CONDO ASSOC INC 617 E COOPER ASPEN, CO 81611 BENNETT ANNE 20 AJAX LN ASPEN, CO 81611 BOYLES BARBARA PO BOX 192 ASPEN, CO 81612 CAMPBELL BEVERLY ANNE 207 COTTONWOOD LN ASPEN, CO 81611 CLAPPER THOMAS C 218 COTTONWOOD LN ASPEN, CO 81611 DRISCOL JAMES & TAMMIE 12 AJAX AVE ASPEN, CO 81611 FIORONI CYNTHIA L & PETER K 10 AJAX LN ASPEN, CO 81611 GALL STEPHEN & DESIREE 216 COTTONWOOD LN ASPEN, CO 81611 GRAHAM WILLIAM & GERALDINE HARPER PO BOX 1455 ASPEN, CO 81612 HOCH DAVID J 311 OAK LN ASPEN, CO 81611 www.averycom 1- 800-GO -AVERY ® ' ♦ Bend along line to Easy Peel Labels U p ❑AVERY 5160 Use Avery® Template 5160® Feed Paper expose Pop -Up EdgeT"' j a,. r HYDER GENE JACOBS JIM JOHNSON DANNINE J 209 COTTONWOOD LN 2627 SOUTH BAYSHORE DR PO BOX 11273 ASPEN, CO 81611 COCONUT GROVE, FL 33133 ASPEN, CO 81612 KAUFMAN STEPHEN M TRUST KAY PATRICIA C KIRKWOOD FAMILY ASPEN TRUST 5120 WOODWAY #6002 218 COTTONWOOD LN 318 OAK LN HOUSTON, TX 77056 ASPEN, CO 81611 ASPEN, CO 81611 LAWRENCE DEANNA M 2004 TRUST LAWRENCE THEODORE W 50% LINDENAU BEYRON R PO BOX 942 314 OAK LN 320 OAK LANE PINE VALLEY, CA 91962 ASPEN, CO 81611 ASPEN, CO 81611 LOUTHIS PATRICIA ANN LUNDY KAREN MAGILL REBECCA N PO BOX 48 PO BOX 3804 227 COTTONWOOD LN ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 MAYER NATALIE P MILLER THOMAS F 40% MILLER TROY C & CHRISTINA L 219 COTTONWOOD LN 227 COTTONWOOD LN 213 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MURRAY TERRY NAKAGAWA HEITOR H & JUDITH E NEVINS ROBERT M & GAYLE M 208 COTTONWOOD LN 312 OAK LN PO BOX 2622 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 POWELL MARY FRANCES PHILLIPS JOHN E & LYNN D POUTOUS MARCIA THORNE MICHAEL JEFFREY 305 OAK LN 534 SPRUCE ST #1 308 OAK LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 RASH RON L RATHBUN W DON RICKENBAUGH ANNE 15 AJAX AVE PO BOX 1573 PO BOX 2342 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 ROSENFIELD DAVID BARRY & MARIA RUEGGEBERG CHRISTINE & MICHAEL 212 COTTONWOOD MN UREEN 3382 DEL MONTE DR PO BOX 9313 HOUSTON, TX 77019 ASPEN, CO 81612 ASPEN, CO 81612 SHERIDAN DANIEL P & LANI A PO BOX 8953 ASPEN, CO 81612 SMART JEFFREY & KAREN E PO BOX 10651 ASPEN, CO 81612 STRONACH CAROLYNDA C 50% 314 OAK LN ASPEN, CO 81611 ttiquettes faciles A peler I Repliez a la hachure afin de www.averycom wvc■van(II) 1 c. an `Sens de_. rEv6ler le rebord Pop -UpTM 1- 800 -GO -AVERY Easy Peel® Labels Use Avery® Template 51600 VANHOY DONNA & JERRY 323 OAK LN ASPEN, CO 81611 WADE HEIDI E & PAUL H WADE KELLY K & ALI V 40 BROWN CT CARBONDALE, CO 81623 A _ Feed Paper r Bend along line to expose Pop -Up EdgeTO VETROMILE RICHARD & VETROMILE DENISE BENHAM 310 OAK LN ASPEN, CO 81611 WEISS DAVID PO BOX 11911 ASPEN, CO 81612 AVERY(R) 51600 1 VON RENKL KALLEN 221 COTTONWOOD LN ASPEN, CO 81611 ZAHARKO WENDY 307 OAK LN ASPEN, CO 81611 ttiquettes faciles a peter ; A Repliez S la hachure afin de ; www.averycom Sens de Tr : 1- 800-GO -AVERY :e ..���.:. evicev ®cun® _�_- __...,..,. rwEler le rebo PoP-UP : 1 PUBLIC NOTICE DATE TIME LACE URPO P?0 "e* '2 2Lo� ; sr» 4 � Morse I y� PUBLIC NOTICE DATE TIME 4 1� S PLACE PURPOSE - + 43�.L.�fnaviM4 %.� 0 I ilk ATTACHMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Z fTt cc/X '4"-C Aspen, CO SCHEDULED PUBLIC HEARING DATE: OF 200_g STATE OF COLORADO ) ) ss. County of Pitkin ) I, (name, please print) being or representfng an Applicant to the City of A en, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E/ft) of the Aspen Land Use Code in the following manner: t/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, L waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foreg mg "Affidavit of Notice" was acknowledged before me this 20 day L of 2001, by :3nre j �Gi G.aC&(�yl Puhlishetl In fhe Aspen T We mes ek /Yon July 19, 2009. (3736978) WITNESS MY HAND AND OFFICIAL SEAL CORY J. GARSKE ATTACHMENTS: COPYOFTHEPUBLICATION My Commssion ExOrres 0510912012 PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIS 1 uv HE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL fil a 4 0 N W IL 0 J w Z W C7 Z_ J m w IL O J W > Z W C7 Z_ J m m w Ll Z Q Q O Z 2 H 3 Q x } m 0 W > IL a Q w [O IL ❑ J Z W O > N Z } W m � 0 _Z w D � J ❑ J J m Q A MEMORANDUM TO: City of Aspen Board of Adjustment X THRU: Jennifer Phelan, Community Development Deputy Director FROM: Drew Alexander, Planner Technician RE: 2 Ajax Avenue — Consolidated Variance Review; Dimensional and Residential Design Standards — Resolution No. _L, Series 2009 — Public Hearing MEETING DATE: August 6a', 2009 APPLICANT /OWNER: Amy Guthrie REPRESENTATIVE: Applicant is representative. LOCATION: Civic Address — 2 Ajax Avenue; Legal Description — Lot A, Smuggler Run Mobile Home Park Subdivision, City of Aspen Townsite; and Parcel Identification Number; 2737- 074 -09- 701 CURRENT ZONING & USE Located in the High Density Residential (R -3) zone district containing a single family home PROPOSED LAND USE: The Applicant is requesting to remove the existing manufactured home and replace with a new manufactured home. STAFF RECOMMENDATION: Staff recommends that the Board of Adjustments deny the request to vary the minimum front and side yard setback requirement. Staff recommends approval of the Residential Design Standard Variances. SUMMARY: The Applicant requests of the Board of Adjustment approval of two setback variances. The minimum required for front yard setback is 5 feet and the Applicant is proposing nothing less than 1 foot. The minimum required side yard setbacks are 5 feet and the Applicant is requesting a north side yard setback reduction of 4'3 ". The Applicant also requests variances from Residential Design Standards including building orientation, entry porch square footage, and first story element. p � • ism 1 Figure 1: Vicinity map BACKGROUND: Smuggler Run Subdivision is part of a larger area that was annexed in 1979. Subsequent to the annexation, the land was subdivided into four parcels and Parcel C (Smuggler Run) was developed with 17 lots. The following table provides a history of relevant approvals. YEAR _ ORDINANCE AND EFFECT 1979 Annexation of the property into the City. 1979 Ordinance No. 70, Series of 1979. Adoption of the MHP (Mobile Home Park) Zone District. 1982 Ordinance No 1, Series of 1982. Adoption of a "Precise Plan" (SPA) for the Smuggler Mobile Home Park - Established four separate parcels (A, B, C, D) one being Smuggler Run: Parcel C with 17 lots. - Stated that Parcel C shall be zoned MHP and those setbacks between trailers, accessory structures, parking, utilities, open space, and the like shall be examined in the light of use, area and bulk requirements pertaining to the MHP zone district. 1990 Ordinance No. 40, Series of 1990. Amended the Precise Plan dimensional requirements for Parcel A: Smuggler Park (0' Front, 0' one side, 10' on other side, 5' in rear). Dimensional standards for Parcel C remained the same. 2001 Ordinance No. 39, Series of 2001. MHP zone district was renamed to High Density Residential (R -3). Dimensional standards remain the same. Page 2 of 7 The applicant proposes to redevelop the parcel at 2 Ajax Avenue. The parcel currently has a single family manufactured home and the applicant has proposed to replace the existing home with a new manufactured home. The existing home is located on a 0' north side yard setback providing for 10' separation between units. The zero setback is a typical feature for the lots within the subdisvion. The home is also oriented to match the same pattern as the surrounding neighborhood. With the redevelopment of the site, the R -3 dimensional standards are required to be met, necessitating a 5' front, side, and rear setback. Although the building can be placed in the R -3 pattern, the applicant proposes a reduction in the front yard setback of nothing less than 1' and a north side yard setback of reduction of 4'3" so that the new residence essentially matches the existing zero setback pattern along one side property line (see Exhibit B). There has been little redevelopment in Smuggler Run; however it is worth noting that an ordinance in 1990 changed the dimensional requirements for Smuggler Park which is adjacent to Smuggler Run. Redevelopment of lots in Smuggler Park has occurred more frequently than Smuggler Run and issues with the R -3 zone district dimensional requirements became more apparent. Homeowners in Smuggler Park repeatedly ran into the development hardships that the Applicant is now facing. Due to these recurring problems, the HOA pursued the amendment to the Precise Plan and had the dimensional requirements changed. It is very likely, while more lots in Smuggler Run redevelop, that the same action could be taken by the Smuggler Run HOA. LAND USE REQUEST AND REVIEW PROCEDURES: Subject to the Aspen Land Use Code Section, 26.314.020, Authority, in Chapter 26.314, Variances, "The Board of Adjustment, in accordance with the procedures, standards and limitations of this chapter shall approve, approve with conditions, or disapprove a development application for variances to the terms of this Title. Variances may only be granted for dimensional uses and permitted uses regarding off - site storage of construction materials and activities." The representative for this application is requesting a variance of dimensional requirements and variances from Land Use Code Section, 26.410, Residential Design Standards. The Board of Adjustment has the ability to approve, approve with conditions, or disapprove Residential Design Standards when consolidated with dimensional requirement variances. STANDARDS APPLICABLE TO VARIANCES Section 26.314.040, Standards Applicable to Variances, of the City Land Use Code states that in order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision making body shall make a finding that the following three circumstances must exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of Aspen Area Community Plan and this Title, Staff Finding The proposed project is consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan (AACP) and this Title. Specifically, Staff finds the proposed development is in line the Housing Policy from the AACP to "Promote a high quality of site Page 3 of 7 planning and architecture in affordable housing to enhance the character and charm of Aspen." The request for variance seeks to maintain the existing site planning found in Smuggler Run. The new home would be in approximately the same location as the existing home and the requested setbacks would match nearly all of the other 17 lots in Smuggler Run. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and, Staff Finding Staff finds that the current zoning and dimensional requirements provide for reasonable use of the parcel. The area allowed for development is suitable for the Applicant's proposal and the proposed development can be developed within the R -3 zone district setback requirements. Staff recognizes that the development pattern and character of the Smuggler Run neighborhood does not reflect the R -3 zone district setback standards and places a design conflict on the Applicant. The HOA of Smuggler Run clearly would like future development to match the existing context (see Exhibit E), however, Staff cannot recommend approval for variance based on this preference as the Applicant can maintain reasonable use of the property within the required setbacks. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a) There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b) Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. Staff Finding Staff finds that literal interpretation and enforcement of the terms and provisions of Title 26, in Section 26.710.120, R -3 Zone District, does not deprive the Applicant of the rights commonly enjoyed by other parcels in the same zone district. The applicant can develop a residence on the site under the required setbacks even if the resulting location of the building does not match the existing established pattern. The fact that Smuggler Run was given MHP (subsequently renamed R -3) zoning acts as a mere inconvenience to the Applicant. Staff finds that literal interpretation and enforcement of the zone district regulations will not deprive the Applicant of rights commonly enjoyed by others; although the granting of the request for variance would allow the Applicant to meet the existing conditions within the subdisvion. Page 4 of 7 C All Residential Design 26.410.020(D)(2) must: Variances, Pursuant to Land Use Code Section a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for reasons of fairness related to unusual site - specific constraints. The Applicant has consolidated the Residential Design Standards variances with the proposed dimensional variances. The Application includes three (3) variance requests from Residential Design Standards, Chapter 26.410 • Building Orientation • Front Porch • First Story Element 26.410.040(A)(1), Site Design, Building Orientation. The front facades of all principle structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street Parcels as outlined in Section 26.410.010(8)(4) shall be exempt from this requirement. One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired Staff Finding The Applicant's lot is located on a curvilinear street, and as explained above, the front fagade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Based on the size of the Applicant's lot, and the program of Smuggler Run, Staff finds that this criterion presents an undue challenge. Had the lot been platted to where the front property line was parallel with the tangent of the street, this would be a more reasonable standard. However, the Applicant's lot is platted with a front and side yard property line that matches the adjacent lots, thus promoting similar development patterns. The Applicant is proposing to align the front fagade of the new development with the other manufactured and modular homes along the block. Staff finds that it would be difficult for the Applicant to orient and locate a home with this curvilinear alignment on such a small lot. 26.410.040(D)(1) (b), Building Elements, Entry Porches. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6'), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height Page 5 of 7 Staff Finding The Applicant is proposing an entry porch that is 4'6" wide and 7' deep, for a total of 32 square feet. Although smaller than what the Residential Design Standards require, Staff finds that the proposed porch is adequate in size given the zone district and character of the existing manufactured home in Smuggler Run. Also, the existing home has a porch, but it is not on the front facade which is part of the standard requirement. The proposed design meets this requirement and Staff feels this new location is an enhancement to the character of the neighborhood by providing quality design. Staff finds that the proposed design meets the requirements for Residential Design Standard Variance. 26.410.040(D)(2), Building Elements, First Story Element. All residential buildings shall have a first -story street facing element the width of which comprises at least twenty (20) percent of the building's overall width and depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first -story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. Staff Finding This request for variance is not applicable, being that the entire proposed development does not exceed one story in height. RECOMMENDATION: Dimensional Variances There is an obvious challenge at Smuggler Run to design new homes that match both the existing character of the neighborhood and the standards provided for in Title 26. Based on the physical layout and neighborhood characteristics of the subdivision, there exists a residential community that does not conform to the underlying zone district standards with regard to setbacks. Staff believes that new development should meet the requirements in the Land Use Code, and that non - conformities should not be favored based on pre- existing neighborhood character and dimensional requirements. The standards in Title 26 provide for a neighborhood character that would create those dimensions that the Smuggler Run HOA favor, including the 10 ft. distance between homes. Staff finds that it is more reasonable to influence future development to comply with the Land Use Code, rather than continuance of the existing setback patterns. Based on this understanding, Staff recommends denial of the dimensional setback variances. Residential Design Standards Staff finds that the proposed requests for variance for Residential Design Standards meets both review criteria pursuant to Land Use Code Section 26.410.020(D)(2). Staff believes that the Applicant provides an appropriate design and pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Also, the variances are believed to be necessary for reasons of fairness related to unusual site - specific Page 6 of 7 restraints. Staff recommends approval for a grant of Residential Design Standard variance for building orientation and entry porch requirements. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to adopt Resolution No. _, Series of 2009, denying the Dimensional Variances and approving Residential Design Standards Variances for the Consolidated Variance Review for the property legally described as Lot A, Smuggler Run Mobile Home Park Subdivision, City of Aspen Townsite and commonly known as 2 Ajax Avenue." ATTACHMENTS: EXHIBIT A — Photos of Existing Manufactured Home EXHIBIT B — Site Plan Proposed Home EXHIBIT C — Front Porch Rendering EXHIBIT D — Smuggler Run HOA Letter of Approval EXHIBIT E (1 -2) — Application and Plans Page 7 of 7 F-.xwtet,r •- �X�r�t3�T �j 9V- �9L F� G� O I m 2 Ajax ArenueMODIIIAR D Z A .... 0 0 r m D n 0 m r r 0 V r 4 71 o m Co 0 0> o< � m m o m 0 0 C) 0 a A o m A n < m In y 0 GI < m m m D m m _ N N u, - N A N L D N 00 A N A N Z N W 7 N N 77 N N D r N < ' _N N Guthne Residence 2 Ajax ArenueMODIIIAR As "n. CO 91611 .... A 7.1 SITE PLAN STUDY —1- JS 0 0 m a A n a a rn A to O W a a z W 0 A H_ W O 0 A r z m 0 N 0 �__ B E��� a� �: i. _rt,?_ A °r,€' _ �1 .... .i; �. � ��}/� �.: To Whom It May Concern: f �,xw t e %T 7 On July 23, 2009, the Smuggler Run Homeowner's Association approved the following by a vote of 6 -0. Amy Guthrie, owner of 2 Ajax Avenue, is approved to remove the existing buildings from the site and replace them according to plans reviewed and approved by the Board at their July 23, 2009 meeting. Approval of the plans was conditioned on deleting a proposed garage, except for the rear 8' of it, which is permitted to be retained as a storage area. The property owner is permitted to remove an aspen tree in front of the unit, located in HOA Common Area. The tree removal is necessary to relocate the existing house from the site. The Board is in support of sideyard and frontyard setback variances that will be requested from the City Board of Adjustment. Barry Br "a, President SmuggleVun Homeowner's Association BOARD OF ADJUSTMENTS REVIEW CRITERIA AND VARIANCE REQUESTS Dimensional Variances Smuggler Mobile Home Park was established beginning in 1960's, with units available for rent. Complex negotiations took place in the early 1980's so that, with help from the City of Aspen and local banks,, residents were able to buy the park and prevent free market redevelopment. Eventually separate deeds were issued for each lot and much of the neighborhood became deed restricted "R.O., Resident Occupied." At the same time, an additional street called Ajax Avenue, aka Smuggler Run Mobile Home Park, was developed on the northern edge of the site with 17 new units, deed restricted to affordable housing Category 4. Today the area consists of two distinct subdivisions and HOA's; Smuggler Park and Smuggler Run. This application to the Board of Adjustments is a request for setback variances at 2 Ajax Avenue. The existing home on this site is proposed to be removed and replaced. Homes on Ajax Avenue, like the rest of the Park, were historically placed on a zero lot line on one side, resulting in a minimum 10 foot yard between each residence. In 1990, at the request of the Smuggler Park HOA, City Council adopted an ordinance that codified official setback requirements as 0' in the front, 0' on one side and 10' on the other, and 5' at the rear. Redevelopment of parcels in that subdivision was starting to become more common, and presumably there was a need for clarification. Smuggler Run was not addressed. Ajax Avenue is subject to the setback requirements for the R -3 zone district. These setback requirements only apply to Ajax Avenue, because the rest of the R -3 zone district is governed by the setbacks approved by City Council for Smuggler Park in 1990. The R -3 zone district requires 5 foot yards on all sides, despite the inconsistency with the surroundings. Almost 100 properties in the greater neighborhood are sited with the zero lot line configuration described above. The variance application is a request to match existing conditions. All homes on Ajax Avenue, with the exception of one that was redeveloped in 2006, are the original manufactured homes placed in approximately 1983. Breaking with the established setback pattern makes the new home the "odd man out," in an otherwise well planned and attractive streetscape. It diminishes the solar exposure of the subject home, as well as the home to the east since they would have only 5 feet between them. This sideyard is the primary area where lightwells for the basement for 2 Ajax Avenue can be provided, because they are not allowed to be placed along the streetfacing walls of this corner lot per the Residential Design Standards (undulation of the streetwalls to create inset lightwells is not feasible within the modular system.) The sideyard will be the ' recipient of snow slide from the neighbor's pitched roof, and a width of 5 feet would diminish the safety and livability of the basement level and is less than the typical amount required by the International Building Code. The Board of Adjustment is asked to grant setback variances allowing the new structure to replicate the placement of the existing building. A front yard setback of no less than 1' will be provided, and a north sideyard setback of no less than 9" will be provided along the length of the house. Aside from setbacks, this project complies with all other dimensional requirements. There is no floor area limitation in the zone district. Height cannot exceed 15' and the proposed home measures approximately 13'6" to the midpoint of the roof and 15' at the top of the eave. Two legally sized on -site parking spaces are provided. The City Forester has visited 2 Ajax Avenue to review the existing trees. It has been typical to issue removal permits for redevelopment in the Smuggler neighborhood, since, as basements are added the ability to preserve trees is challenging. The applicant will preserve trees to the extent possible. Efforts are being made to donate the existing house intact to a non - profit. This, along with the proposed new basement, will likely necessitate removal of at least the two aspen's at the front of the site. This project requires design review approval from the Smuggler Run Homeowner's Association. During the HOA process, the applicant was asked to reduce the scale of the project, which has been accomplished by deleting a proposed garage. As a result, some residential design standards variances that were originally anticipated are no longer needed. In order for the Board of Adjustments to grant the requested setback variances, it must find that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title; APPLICANT RESPONSE: The applicant is unaware of any conflicts created with the AACP. The proposal is an upgrade to an affordable housing unit constructed fairly early within the Housing Authority's existence. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and APPLICANT RESPONSE: At 1,340 square feet, the proposed building footprint is very consistent with the existing structure, exceeding its size by only approximately 100 square feet. The proposal is 395 square feet, or 23 %, smaller than the building envelope permitted by the R -3 zone district. There is a decrease in overall site coverage due to reduction in outdoor deck space. In the applicant's opinion, the house is a reasonable and compatible infill effort. a 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or 2 0. 'N practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. APPLICANT RESPONSE: As described above, and in the graphics submitted with this application, the variances are entirely consistent with this densely developed neighborhood. Almost 100 properties in the greater R -3 neighborhood are sited with the zero lot line configuration described above. The variance application is a request to match existing conditions. The zero lot line is important to the overall character of the neighborhood and allows yards to be aggregated in a manner that creates more usable open space than typical 5' setbacks. The HOA has not been willing to support less than 10' minimum distance between the proposed house and the adjacent home. Adherence to both the HOA policy and the R -3 setbacks would detrimentally restrict building width and will likely result in future redevelopment filling that entire envelope with a structure that is out of character with the neighborhood. The building envelope proposed by this application allows for a primary module that is almost identical to the existing structures, with a smaller, recessed and clearly secondary module on the side. It is worth noting that residential lots in Aspen do not typically require 15' combined sideyards unless they are more than twice the size of the subject property. Residential Design Standards Variances Variances from some provisions of the Residential Design Standards are requested, as outlined on the attached chart. The variances may be processed by Community Development Staff, or referred to the Board of Adjustment for determination. SUMMARY: The following variance requests are being made: a front yard setback reduction of up to 4' and a north sideyard setback reduction of 4'3." The proposed project may require variances from the Residential Design Standards related to building orientation, porches and first story elements. 3 C 2 Ajax Avenue- Residential Design Standards 26.410.040.A Site Design 1 Building orientation The front facades of all principal structures shall be parallel to the street. On corner lots, both street - facing facades must be parallel to the intersecting streets. On curvilinear streets, the front far ade of all structures shall be parallel to the midpoint of the arc of the street. RESPONSE: The lot is a parallelogram at an obtuse angle to the street. It would be illogical to build a new house at a canted angle to address the curve. The lot is not at the intersection of two streets, therefore it is not a comer by the definition in the Land Use Code. The applicant believes that the configuration of the lot makes compliance with the Building Orientation standard infeasible. A variance is requested. 2 Build to Lines On lots smaller than 15,000, 60% of front fagade shall be within 5 feet of the minimum front yard setback. RESPONSE: A front yard setback variance has been requested. In any case 60% of the front fagade will be within 5' of the front setback line This standard is met. 3 Fences RESPONSE: No new fencing will be built forward of either street facing fagade. The standard will be met. 26.410.040.6 Building Form 1 Secondary Mass RESPONSE: Not required outside of the Infill area. 26.410.040.0 Parking, Garages and Carports 1 If there is access from a private road or alley, then a the garage / parking shall be accessed from that alley or private road. b garage doors that are visible from the road shall be single stall doors, or double stall designed to look like single stall doors. c garage doors not visible from the street can be either single or double stall doors. RESPONSE: The property is not accessed from an alley or private road. This standard is not applicable. 2 If parking is accessed from a public street, then a the width of the street facing facade shall be 5 feet larger than the width of the garage. RESPONSE: The project initially included a garage, which has been eliminated. This standard is not applicable. b the front of the garage shall be set back at least 10 feet further than the front most wall of the house RESPONSE: The project initially included a garage, which has been eliminated. This standard is not applicable. c on lots at least 15,000 feet in size the garage can be forward of the home but the garage must be side loaded RESPONSE: This standard is not applicable. d if the garage is above or below street level then the driveway cut shall not exceed a depth of 2 feet from natural grade RESPONSE: This standard is not applicable. e the entrance to the garage or carport shall not be greater than 24 feet (wide). RESPONSE: This standard is not applicable. f garage doors that are visible from the road shall be single stall doors, or double stall designed to look like single stall doors. RESPONSE: This standard is not applicable. 26.410.040.71 Building Elements 1 Street oriented entrance and principal window All single family homes and duplexes shall have a street oriented entrance and street facing principal window. On corner lots, entries and principal windows should face whichever street has a greater block length. a The front entry door shall face the street and be no more than 10 feet back from the front most wall of the building. The floor shall not be taller than 8 feet. RESPONSE: The front door is 7' back from the front fagade and 8'tall. This standard is met. b There shall be a covered front porch of 50 square feet with a minimum depth of 6 feet on the front fagade. Entry porches and canopies shall not be more than 1 story in height. RESPONSE: The front porch is one story in height, and is proposed to be 4'6" wide and 7' deep, for a total of 32 square feet. A variance is requested on the size. Porches are not a feature of this neighborhood. The proposed design acknowledges the standard without creating a more significant void or projecting element that is out of character with surrounding massing. c A street facing principal window requires that a significant window or group of windows face the street. RESPONSE: There are prominent groupings of windows on both street - facing facades. This standard is met. 2 First story element All residential buildings shall have a first story, street facing element, the width of which comprises at least twenty percent of the building's overall width and the depth of which is at least six feet from the wall the first story element is projecting from. Assuming the first story element includes interior living space, the height of the first story element shall not exceed ten feet, as measured to the plate height. RESPONSE: The house is entirely one story. This standard appears to be met, however the lowest plate height is 11'6" above natural grade. The house is somewhat elevated to match the floor level of surrounding structures. A variance may be needed. 3 Windows a street facing windows shall not span between 9 and 12 feet a transom window above the main entry is exempt from this standard RESPONSE: All window and door headers are less than W above the finished floor. This standard is met. b no more than 1 non - orthagonal (not square / rectangle) shall be allowed per building fagade RESPONSE: Not required outside of the Infill area. N/A 4 Light wells all areaways, light wells and or stairwells on the street facing fatade(s) of a building shall be entirely recessed behinr the frontmost wall of the building. RESPONSE: All lightwells are located along the facades that do not face the street. This standard is met. r2-674-10.0-4-0771 Context 1 Materials a the quality of the exterior materials and details and their application shall be consistent on all sides of the building RESPONSE: The exterior material is Hardiplank, installed in a variety of widths to create architectural interest. This standard is met. b materials shall be used in ways that are true to their characteristics RESPONSE: Hardiplank is a fiber cement matedal frequently used as a "green" substitute for wood siding. This standard is met. c highly reflective surfaces shall not be used as exterior materials RESPONSE: Galvanized metal is proposed for gutters and flashing. The roof material will be a matte color. This standard is met. 2 Inflection RESPONSE: Not required outside of the Infill area. 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RECORDER Nij(t 8 3 23 PH '81 FOR SMUGGLER MOBILE HOME PARK This Precise PI and Subdi eion Agreement is made and entered into thi day of and between THE CITYEN, COLORADO, a M n c pal by (hereinafter referred to as "Cit " UN PARK, On a Colorado general partnership "City ,I) and ASP 0 MOUNTAIN PARR, j "the Owner "), the SMUGGLER MOBILE eHOMEOWNERS re ASSOCIATION, a Colorado Cooperative (hereinafter referred to as the "Associ- ation"), and PITKIN LTD., a Colorado Corporation. RECITALS 1. The Owner execution and recordation, and thetAssociationChas and byproval, these presents does ratify the final plat and development plan of a tract of land situate within the City of Aspen, Colorado legally described on Exhibit "A" attached hereto and incorporated herein this reference, and designated as "Smuggler Mobile Park" ( "The Plat"); and 2. The real property covered by the Plat is zoned as a Specially Planned Area ( "SPA "); and 3. The City has fully considered The Plat, the proposed development, the improvement of the land and the burdens to be imposed upon other adjoining or neighboring properties by reason of the proposed development and improve- ment of land included in the Plat; and agreement 4. Upon Owner to herein described, and subject to all oftherequirements, terms and conditions of the City of Aspen subdivision regula- tions now in effect and other laws, rules and regulations as are applicable, the City is willing to adopt, approve, execi:tc and accept the Plat for recordation and to approve the develop- ment plan for the property covered by the Plat as a Precise Plan for the Specially Planned Area of which the Exhibit "A' property is a part, all to the end that these shall then and thereupon constitute subdivision approval to the extent shown on the Plat and described in the development plan and a Preeise Plan for the area within the meaning and intent of Article "r of Chapter 24 of the Municipal Code of the City of Aspen, Colorado ( "Aspen Municipal Code "); and wiftI N11 2 4 f ti 1 f V.1 5. The City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat, such matters being necessary to protect, promote, and enhance the public welfare; and 6. The Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and require- ments imposed by the City in approving the Plat; and 7. Under the authority of Section 20 -16(c) and 24 -8.6 of the Aspen Muni.;ipal Code, Colorado, the City is en- titled to assurance that the matters hereinafter agreed to will be faithfully performed by the owner; and B. The submitted plat assumes and anticipates two distinct developments - viz., the one shown on the Plat and hereinafter described and the other, hs:rein referred to as "Pitkin Reserve% which is to be developed by its owner, Pitkin Ltd., on other real property more partici,larly described on Exhibit "B" hereto; and 9. Pursuant to and in accordance wi:h the development approvals for the Pitkin Reserve development, Fitkin Ltd. shall enter into a subdivision and P.U.D. agreement with the City, which, upon its execution, shall and hereby is incorporated herein by this reference; and 10. Pitkin Ltd. is the transferee from the Owner of the "free market" development rights, which are to result from and, as hereinafter provided, are conditioned upon the develop- ment activity herein contemplated, and as such understands, agrees and acknowledges that, as hereinafter described, the Smuggler Mobile Home Park and Pitkin Reserve developments are interrelated in that (a) fulfillment of the terms, conditions and requirements of the City as contained herein !with respect to the Smuggler Mobile Home Park) is a pre- condition to the approvals granted to Pitkin Ltd. and that (b) a certificate(s) of occupancy on "free- market" units to be developed on the Pitkin Reserve parcel or any other 'free-market" development rights ac _ng as a result of the approvals granted herein shall not .aeae until the Cicy is satisfied that all cf the terms, conditions and requirements set forth herein with respect to the Smuggler Mobile Home Park are fulfilled or adequate provision for their fulfillment made; and 11. The Association, while not the owner o, subdivider of the Smuggler Mobile Home Park, is a contract vendee and hence, the ultimate3 user of Parcel 4, as such has participated extensively in the land use approval process culminating in the development plan hereinafter set forth, which plan proposes several beneficial concessions to it from both the City and owner arc, as a result thereof, the Association has undertaker to assume responsibility and the City agrees to hold the IV-,43 irat'rrvppt*ycl a a " iA 424 : tW 782 Association as weYl responsible for the completion of certain subdivision improvements, all as is more particularly herein - after described; and 12. In recognition and consideration of the foregoing,' both Pitkin Ltd. and the Association shall be and have become party signatories to this Agreement. NOW THEREFORE, AGREEMENT IN CONSIDERATION OF the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is mutually agreed as follows: I. GENERAL DEVELOPMENT, P7,AN The Smuggler Mobile Home Park as shown on the Plat consist_ of 11.8 acres, more or less, and includes the following element A. Parcel A. Parcel A consists of approximately 9.144 .a ras and may contain eighty -seven individually desig- nated rr,ile home spaces, the open space areas, the trail easements, the parking spaces and the internal roadway system, all as is shown and noted on the Plat. It is anticipated that this Par-el will be transferred to and thereafter owned by the Association -- which is a cooperative body consisting of the present owners of mobile homes within. the Smuggler Mobile Home Park as it is currently configured. The following features shall further define and describe Parcel A: (1) Em to ee Housin . Parcel A an_'. the mobile homes or any ot_er we sings at any time thereon situate shall be and constitute controlled employee housing and, as such, shall be deed or covenant restricted as set forth in Section Iii, Paragraph A, hereinbelow. (2) Laundry /Meeting Room. A laundry /meeting room sh= be constructed upon Space NOT shown on the Plat. structure will replace the existing laundry room at the Pars; which is to be demolished. The design, construction and mate - -als to to utilized in the construction of the laundry i -eting room shall be approved by the Association. (3) Mobile Home Relocations. In order to provide re eve sp�ing, the mobile homes occupying Space Numbers , 40, , , 74 and 84 wi= be relocated from the spaces ,:- ch they currently occupy t, their respective new spaces shown on the Plat. =0 �— `./4 wiz '-�i' �.s n 4b �.:? 4z4 783 (4) Common Area. Use of the Common Area shall be governed by such rules and regulations as the coopera- tive may promulgate. The Common Area shall either remain as open space or be maintained as a parking area. Any development activity within the Common Area shall require further review and approval by the City. B. Parcel B. Parcel B consists of approximately .346 acres. Ownersilp of this Parcel shall remain in Owner. The existing single story frame Victorian style house presently situate anent the western border of the Park shall by the Owner be relocated to ithis Parcel and from then and thereafter this Parcel shall be owned, further improved consistent with applicable regulations, and marketed as the Owner shall deter- mine as a "free market unit." C. Parcel C. Parcel C consists of approximately 1.904 acres and s improved by the addition of seventeen (17) mobile home pads and dwellings, together with the parking facilities shown on the Plat. The 17 mobile homes shall be and constitute controlled employee housing units and, as such, shall be deed or covenant restricted as set forth in Section III, paragraph B, hereinbelow. D. Parcel D. Parcel D consists of approximately .41 acres. This parce7t shall be disconnected from the City pursuant to the application of the Owner therefor, hereto attached as Exhibit "C" and thereafter transferred to Pitkin County, Colorado, by gift deed. E. 'ite Tabul:.tions. The Site Tabulations hereto attached as Exhibit Wrdefine and describe further and more specific allocation of the uses anticipated within Parcels A, B, C and D. F. Specially Planned Area Precise Plat. The property shown on the Plat is a Specially Planned. Area. Consis- tent with the characteristics thereto pertaining the following are hereby confirmed as permitted or conditional use, area and bulk requirements: (1) Parcel A. Parcel A =_:tall be zoned as a Mobile Home Park ( "MHP "), to the end that setbacks between trailers, accessory structures, parking, utilities, open space, and the like shall be examined in ':he light of use, area, and bulk requirements pertaining tc the MHP zone district; provided however, that in respect of any nonconforming features of Parcel A that may exist after completion of the improvements and the activities contemplated herein ar-4 as shown on the Plat, the City agrees that; -q. V -�F ':. i s �� K424 784 (a) Such nonconformity shall not preclude subdivision approval or the transfer of Parcel A by the owner to the Association; and (b) The non - conforming features shall by the Association be abated in accordance with and to the extent required by the Plan of Abatement hereto attached as Exhibit ■E•_ (2) Parcel C. Parcel C shall be zoned as a WiP, to the end that set ac s between trailers, accessory structures, parking, utilities, open space, and the like shall be examined in the light of use, area and bulk requirements pertaining to the MHP zone district= rp ovided, however, that any nonconformity between these requirements and the develop - ment activi'ies herein contemplated and as shown on the Plat s1�all be a..t remain lawful nonconforming uses and shall be permitted to remain as such. (3) Parcel B. Parcel B shall be zoned to R• -15 Residential to the end that all use, area and bulk require - ments pertaining to such zone district shall apply to Parcel B. II INTERRSLATION OF SMUGGLER h.)BILE HOME PARR AND PITRIN RESERVE SUBDIVISION A. Development Assum tions. The submitted Plat e:ssumes and antTipates two 1st�.nct developments, viz., the o:1e shown on the Plat and herein described, and the other to occur on real property more particularly described on Exhibit "ISO hereto attached. The other development -- the Pitkin Reserve Subdivision, which is being developed by its owner, Pitkin Ltd., contemplates the construction of twelve (12) free market and one (1) controlled housing unit. The conversion of the eighty -seven (87) existing mobile homes and the real property (Parcel A) upo7� which they are situate from their present uncontrolled status to deed or covenant restricted employee housing units, as above and below provided, together with the installation within Parcel C of the seventeen (17) new controlled mobile home units shall be and constitute the employee housing component necessary to sustain the free market development at Pitkin Reserve within the meaning of exceptions to or exemptions from the growth management quota system of Article XI Section 24 of the Aspen Municipal Code. Although the review process for each development has occurred independently of the other, each development having been re- viewed on its own merits, for purposes of such exceptions to -5- , El or exemptions from the growth management quota system, it is agreed and understood that the two developments shall be considered together as an integrated whole. R. Interrelatedness Im p rovements. In view of the dual owners , nature an anus of o t e developments, and in consideration of governmental approvals given in connection with the Smuggler Mobile Rome Park and Pitkin Reserve, it is (a) acknowledged that the performance of the respective obliga- tions of the owner relative to the Smuggler Mobile Home Park and of Pitkin Ltd. relative to Pitkin Reserve are mutually dependent upon one another and the performance thereof shall be and remain conditions to the obligations, agreements and approvals of the City herein made or given or made or given in respect of any development activities at Pitkin Reserve; and (b) agreed that (i) provision shall be made in a separate Subdivision /PUD Agreement to which both Pitkin Ltd. and the owner shall become party signatories, for the construction, installation and erection of improvements within or upon the Pitkin Reserve Subdivision; and notwithstanding the foregoing that (ii) as hereinafter used 'Improvements" shall be deemed to refer only to the improvements, facilities and systems to be constructed, erected or installed within or upon the property shown on the Plat and described in Exhibit "A ", hereto annexed. C. Development Allotments. The City acknoweeges and agrees that the conversion of the eighty -seven (87) mobile home units within Parcel A to restricted housing units and the construction of seventeen (17) new mobile home pads and homes within Parcel C shall and pursuant to the exception provisions to the allotment procedures of the growth management quota system set forth in Sections 24- 11.2(1) and (k) 6oes result in the exception from compliance with the allotment procedures of the growth management quota system of development activity consisting of not less than nineteen (19) otherwise non - exempt free - market housing units, twelve (12) of which are to be employed in connection with the Pitkin Reserve development. However, it is expressly acknowledged, understood, and agreed that no certificate(s) of occupancy shall issue on such exempt free market housing units until such time as the City is satisfied that the obligations of, agreements made by, and requirements herein imposed upon the Owner are met by the Owner. III. EMPLOYEE HOUSING DEDICATIONS ANC. RESTRICITONS A. Employee Housing Restrictions for Parc,i A. consideration for the granting of the SPA and subdivizi..)n approvals indicated herein and also in consideration of ye approvals given with respect to the Pitkin Reserve Subdivision, 4 4 0 the Owner and the Association, for themselves and f their successors and assigns, hereby covenant with the U of Aspen, Pitkin County, Colorado, that any mobile nee (or any other dwelling unit) located on or to be locat: on Parcel A shall and hereby is 9edicated and restricted for ise as employee housing as follows: l (1) In the case of sale of any mobii.e home (or any other dwelling unit) the following restrictions shall apply: (a) The mobile home shall be offered to sale to persons actually employed within the City of Aspen who have resided in Pitkin County for a continuous two (2) year period immediately prior to their purchase of the mobile home or, who at the time any mobile home is offered for sale, are residing in the Smuggler Mobile Home Park. The employee or employees who purchase said mobile home must agree, as a condition of sale and, in fact, must personally occupy the mobile home as a primary residence during the period of owner - ship. (b After a period of sixty (60) days, should there be no qualified purchaser in category (a) herein - above, the mobile home may then be offered for sale and sold to persons employed within Pitkin County. The employee or employees who purchase said mobile home must agree, as a condition of sale and, in fact, must personally occupy the mobile home as a primary residence during the period of owner - ship. (c) in either categories (a) sixty (60) day period fri the mobile home may then do -ing business in Pitkin by their employees. Should or (b) 3m that be off, County there be no qualified purchasers hereinabove, after an additional set forth in paragraph (b), :red for sale to employers for Ise and occupancy solely (d) Should there be no qualified pur ^.hasers in either categories (a), (b) or (c) hereinabove, after an additional sixty (60) day period from that set forth in paragraph (c) the mobile home may then be offered for sale to any resident of Pitkin County: The purchaser or - urchsers must agree as a condition of sale and, in fact, must personally occupy such mobile home as a primary place of residence during the perio,' of ownership. (e) Prior to the conveyance of any interest in any mobile home and prior to the recording of any instrument of conveyance, any prospective _rchaser of the mobile home meeting the qualifications as 'iereinabove set forth shall be approved in writing by the City or a designated functionary thereof. In addition., the City shall have the right to enforce -7- _Ar 4W 9 0 ���z 787 the terms and conditions of the above restrictions by injunc- tion, abatement, eviction, rescission of the noncomplying transfer or other appropriate legal action to prevent, enjoin, abate or remedy such violation and shall be entitled to reason- able attorney's fees in prosecuting said action. Nothing herein shall be construed to prevent the City from curing a violation of the above requirements as and prosecuting such violation as a code violation under the Aspen Municipal Cade. (f) The City shall be entitled to a fee of up to one -half (1/2) of one percent of the purchase price of the mobile home to defray the cost of q > .Lalifying prospective purchasers in accordance with this Agreement. This fee shall. be payable by the purchaser from and at the time of the clos'.ng of the sale of the --'Nile hones, shall bear interest at a r;te equal to two percent (28) per month while it remains due but unpaid, and until paid shall constitute a foreclosable lien against the mobile home. (g) In the event of the transfer of Parcel A co the Association, these restrictions shall not preclude the adoption by the Association. in its rules, regula- tions or by -laws of a preemptive right of first refusal exercis- able by the Association against future sales of mobile homes within Parcel A; provided, however, that the terms cf zu--h right shall first be approved by the City and, in any case, the right shall be exercisable only for the purpose of creating additional open space within Parcel A. (2) In the case of non -owner occupied mobile homes at the time hereof existing, the following occupancy restrictions and rental limitatinns shall apply: (a) The mobile home shall be rented to employees who have lived in Pitkin County for a minimum of two (2) continuous years immediately prior to their occupancy, or to employees of the owner (without a minimum period of residency within Pitkin County, if the owner is doing business within Pitkin County); (b) Should there be no qualified renters for the mobile home found within twenty (20) days after a "notice of availability of space" is given to the City or a designated functionary thereof, the mobile home may be offered for rent to any employee within Pitkin County. (c) Mobile homes within Parcel A shall be restricted to "middle income" housing eligibility guidelines from time to time established by the City; provided, however, that the aggregate monthly rental that may be charged for a t_enancy(ies) within a motile home within Parcel A shall not .. .._..- .�._..a:.- cr�.Ytas .. - -,^- , - =._ - _ -... ..,� ---, •ze.�..,a*.. -,ws- .c.sAm..�a,» a..x 424 ,x..788 exceed the lesser of (i.) the maximum rent permitted under the "middle income" housing guidelines; or (ii) the sum of the following monthly costs of the owner, if actually incurred: (1) the monthly trailer mortgage; plus (2) either the owner's monthly note payment to the Association for the purchase of the owner's interest in the Association or in the case of an owner who is not a member of the Association, the monthly space rent paid by the owner, as below set forth in this Section II, paragraph A(3); plus (3) the amount of any monthly Association assessment for common expenses; plus (4) twenty -five dollars ($25.00); (d) The qualification of prospective tenancies within mobile homes within Parcel A frov. the stand- point of these eligibility guidelines and rental restrictions shall be done in the manner hereinabove set forth in this Section III, paragraph A(1)(a)(e), and the City shall be entitled to collect a fee of up to ten percent (10 %) of one month's rent, payable at the inception of the tenancy by the tenant, to defray the administrative costs incurred. The remedies and sanctions applicable in the event of any actual or attempted violation of these guidelines and restrictions similarly shall be as set forth in this Section III, paragraph A(1)(e)• In addition to the remedies and sanctions therein set forth, in all cases intended by the parties to be cumulative, and by virtue of the parties' acknowledgment that actual damages would be difficult, if not impossible, to ascertain, the parties agree that the City shall be entitled to receive as liquidated damages from any owner of any mobile home that is rented in violation of these guidelines and restrictions a sum equal to one hundred and ten percent (110 %) of all rentals received by such owner. (3) In t other than a member of t h charged for tie mobile h o of (i) the maximum rent housing guidelines; or (i ($25.00), plus (2) the a assessment for common exp (3) a sum equal to the p monthly tc the Associatio to finance to the maximum tion (and upon the terms the purchase of the inter entitle the owner to the * case of a e Association, me space shall permitted under i) the sum of mount of any no enses levied a ayment that wou n had the mobi extent avail& offered to mem est in the Ass right to occup mobile home owned by the rent that shall be not exceed the lesser the "middle income" (1) twenty -five dollars nthly Association gainst the space; plus Id have been payable le home owner elected ble through the Associa- bers of the Association) ociation that could y the space. (4) The parties acknowledge is in V^,e better interests of all to pronote status whereby it shall be owner - occupied to extent by Association members. To this end, -q- and agree that it Parcel A to the the maxims -im after one (1) _A1. Z ,1789 year from the date of recording hereof, the share of membership the Association and appurtenant proprietary leasehold to any mobile home space that is occupied by a mobile home whose owner is not a member of the Association may be offered for sale by the Association mernLer (i.e., the shareholder/proprietary lessee) and sold to a person(s) meeting the eligibility guidelines hereinabove set forth in this Section III, Paragraph 1, who shall install and occupy a mobile home upon the space. At such time as a contract for the purchase of such share of membership in the Association is entered into, the owner of the mobile home occupying the space appurtenant to the membership share to be transferred (unless that owner shall be the trans- feree of the share, as hereinafter provided) shall be given written notice thereof and shall have sixty (6O) days thereafter within which to remove his or her mobile home from Parcel A to permit entry of the mobile home of the membership transferee. Notwithstanding, the foregoing, the owner of the mobile home occupying the space appurtenant to the membership share to be transferred shall be given a written thirty (30) day notice setting forth his right first to contract for the purchase of the membership share at the price offered. Upon his failure to exercise such right, the membership share may then be sold, as above set forth, to those meeting the eligibility guidelines of Section III, Paragraph 1. (S) Upon the transfer of Parcel A to the Association, the foregoing occupancy guidelines and sales and rental restrictions shall be incorporated verbatim or by suitable reference into the rules, regulations and by -laws of the Association and shall by it be strictly and diligently enforced, including by eviction for any violation thereof. B. Em to ee Housin Dedications and Restrictions Pertaining to Pared C. n consi eration o t e an suUUivzsion app herein granted, the Owner Eereby dedicates Parcel C for use as employee housing and hereby covenants with the City that the mobile homes or any other dwelling units to be located on Parcel C shall and hereby are restricted to use as employee housing pursuant to Section 24- 11.4(b)(3) of the Municipal Code of the City of Aspen and as such to rental and, except with respect to initial sales by the Owner as hereinafter provided, sales price guidelines and to occupancy limitations net to exceed "middle income" housing eligibility guidelines from time to time established by the City. However, the application of such sale price guidelines shall not preclude the right of the Owner, its successors and assigns to market and sell such mobile homes, at its sole marketing discretion, for up to Seventy Thousand Dollars ($70,000.00), which discretion is hereby confirmed and agreed to by the City. For purposes of thr income category into which such initial sales shall be deemed to fall, the City agrees that the income and occupancy housing eligibility guidelines in effect on September 22, 1980, shall apply. Prior to the sale or rental of any mobile home within Parcel C, the proposed purchaser or lessee, as the case may be, shell first have his -10- ELI r _"� 424 , i.,: 790 or her eligibility and qualifications under the guidelines determined and certified in writing by the City or a designated functionary thereof. The City shall be entitled to a fee of up to one -half (1/2) of one percent of the purchase price of the mobile home or ten percent ( 10 %) of one month's rent payable from and at t e closing of tH sale of the mobile home by the purchaser or at the inception of the tenancy by the tenant, as the case may be, to defray the cost of qualifying prospective purchasers or tenants in accordance with this Agreement. additionally, the remedies and sanctions applicable in the event of any actual or attempted violation of these guidelines and restrictions shall be as set forth in this Section II, Paragraphs A(1)(e) and A(2)(d). C. Effect of Sm to ee Housin Dedications Covenants and Restrictions. None o the employee housing dedications, - covenants and restrictions contained hereinabove with respect to Parcels A and C shall be released or waived in any respect during the period they are binding without the prior consent of the City reflected by resolution thereof. Tha dedications, covenants and restrictions herein set fort'-. shall be deemed to run with the land herein described (Parcel- A ani C) and to be a benefit and a burden thereto and to anyone acquiring a record interest therein, and the successors, grantees and assigns thereof, as well as being a benefit to and specifical:y enforceable by the City. The dedications, covenants, and restrictions shall be and remain effective aforesa ' for the period of the life of the longest lived member of t._ presently existing city Council of the City of Aspen, Colorado, plus twenty -one (21) years, or for a period of fifty (50) years from the date of recording hereof in the Pitkin County, C lorado real property records, whichever period is less. IV. CONSTRUCTION OF IMPROVEMENTS A. Nature and Estimated Costs of Improvements. Owner hereby agrees to be responsible for the making and installation of the improvements to be contained within the development indicated on the Plat, to the extent required by Section 20 -16(a) of the Mu ic:ipal Code. The nature, extent and estimated cost of suc improvements shall substantially conform to the schedule a titled "Smuggler Mobile Home Park. Improvements Schedule" arnexed hereto and made a part hereof as Exhibit F, which sclieF.ule delineates separately the improve- ments to be undertaken i:i connection with Parcel A (pages 17-1 through F -6), the improvements to to undertaken in connection with Parcel C (pages F through F -10) and designation of the parties to as -_ra the rnesponsibility for continued maintenance after .stallation of utility improvements within Parcel A ,page F -11). Schedule F also delineates the separate areas of -1 L -- LI • + AA 77 _ a ipK Y4� - , 791 responsibility for completion of improvements to Parcel A and the allocation of costs therefor as between the Owner and the Association (pages F -11 through F -15), pursuant to antecedent agreement between the Owner and the Association, which agreement is by all parties hereto hereby confirmed, accepted, ratified and acknowledged. The Owner agrees, however, that notwith- standing the agreement aforesaid with the Associa� ion, the City shall have the right to hold the Owner fully responsible for the completion of all improvements described :rithin Schedule F, without prejudice, however, to the right of the Owt:�c to ( pursue any remedies that shall be available to it by reason of the failure of the Association to complete the improvements on its part to be done pursuant to its agreement aforesaid. In the event that the City shall elect to hold the Owner respon- sible for the completion of any improvements which the Associa- tion has agreed to complete, as herein confirmed, the City shall thereupon assign unto the Owner the benefit of all financial assurances made by the Association in Section X hereinbelow in respect of such improvements to the end that the Owner in its own right shall be entitled to vindicate each such assurance. B. Construction Schedule-. In accordance with th, requirements of--Tec[_ons 76TgTcZnand 24- 8.9(b) of the Municipal Code, construction of all development shall substan- tially conform to the "Construction and Development Schedule" annexed hereto and made a part hereof as Exhibit "C ", which schedule includes the beginning and completion of the improve- ments. C. Pavin of Internal Road S stem. The parties acknowledge and agree t. at upon the comp e� of a master drainage system for the proximate area covered by the development activities contemplated herein, the Association shall caLse the internal roadway sys--em for Parce_ A to be paved at t'-,e Association's expense. In the evert the Association shal_ fail so to do within a reasonable period from the time its obligation becores fixed, the City shall be entitled to pursue anv and all remedies necessary to secure the specific perfor- mance thereof, including a judicial action therefor or, extra- judicially, tine right to assess for the cost of such paving and lien therefor all of Parcel A and individual mobile home spaces therewithin and foreclose the same in the manner by the City deemed most expedient and appropriate. Furthermore, in all events the City shall be entitled to its costs and reasonable attorneys fees incurred or occasioned by any default of the Association in respect of the road paving. V. NON- COAPL:iANCE AND REQUEST FOR AiIENDMFNT5 OR EXTENSIONS BY OWNER. In the event that the City determines that the Owner is not acting in substantial compliance with the terms of t ?is -12- � A Zh 424 agreement, the City may issue and serve upon the Owner a written order specifying the alleged non- compliance and requiring the Owner to cease and desist from such non - compliance and rectify the same within such reasonable time as the City may determine and specify in such order. Within twenty (20) days of the receipt of such order, the Owner may file with the City a notice advising the City that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) whether the alleged non - compliance exists or did exist; or, (b) whether a variance, extension of time:: or amend - ment to this agreement shall be granted with respect to any such non - compliance which is determined to exist. Upon the receipt of such petition, the Cit- shall promptly schedule a hearing to consider the matters :;et forth in the cease and desist order and in the petition. Tt,a hearing shall be convened and conducted pursuant to the procedures normally established by the City for other hearings. If the City determines by a preponderance of the evidence that a non - compliance exists which has not been remedied, it may issue such compliance orders as may be appropriate; pijcvided, however, no order terminating any approval granted herein shall be granted w4thout a written finding of the City ;.hat clear and convincing evidence warrants such action and affording the Owner a reasonable time to remedy such non - compliance. A final determination of non - compliance which has not been remedied or for which no variance has been granted sha;.l, at the option of the City, and upon written notice to the Owner terminate any of the approvals contained herein. At any such hearing, the Association shall be entitled to respond and present such evidence as shall be material to the hearing. In addition to the foregoing, the Omer may, on °ts own initiative, at any time petition the City for an amenduent to this agreement and the exhibits annexed hereto or to extend arty of the time periods required for performance. With respect to the Smuggler Mobile Home Park Improvements Schedule (Exhibit F), and the Development and Construction Schedule (Exhibit G), the Owner has made various assumptions, which the City hereh., acknowledges and accepts, including the following: (i) Completion in an expeditious manner of tehe bidding, contractor selection, and implementation phases to meet the dates indicated; (2) Confirmati -on of the constriction schedule b; selected contractors; 13- V0 I 0 !v Ilk Vi a `93 J (3) Availabilit; of the required labor and materials during each phase. The City shall not refuse to extend the time period for performance indicated in the Smuggler Mobile Home Park Schedule or refuse to allow reasonable adjustments to the Construction Schedule if the Owner demonstrates by a preponder- ance of the evidence that the reasons for such extension or said adjustments result from the failure of such assumptions by reason of events beyond the ,control of the Owner or are otherwise beyond the control of the Owner despite good faith effort:_ on its part to accomplish the same. VI. EASEMENT:- RIGHTS OF WAY AND RELOCATIONS The attache9 Plat sets forth certain easements, right:; I way and anticipated relocations that will be necessa_y to cau: the improvements anticipated thereon, which easements, rights i way and relocations include the following: A. Trailer Relocations. As shown on t Plat, the mobile homes occupying Space *lumbers 28, 40, 4�, 154N, 74 and 84 are to 1e relocated. This will be accomplished as soon as poss, following the transfer of Parcel A to the Association. The cos- slocation is to to shared by the Owner and the Association p rsuant to antecedent agreement. B. Road Realignment. As shown on the Plat_, the internal road system within the Smuggler Mobile Home Park shall br realigned to provide more functional turning radii for eme_ ency vehicles. However, dua to insufficient road rights c way, nonetheless, all streets and roads wit -bin the Park she.l be priva+:ely maintained, including snow removal. C. Gibson Avenue and Spruce Street. As shown on the Pia the Owner hereby dE4icates to the City for roadway purposes to accommodate the expar. =ion of Gibson Avenue and Spruce ,reet the forty (40) foot easement shown on the Plat in this roximity, such easement in reference to Spruce Streat being 5. 12 square feet, more or less; in reference to Gibson Avenue )uthwest) being 3,372.2 square feet, more or less; and in refer, -ice to Gibson Avenue (southeast) being 5,459.4 scua,:a feet,mor- or less; all as is s;-own on the Plat. D. Access Easement: the own- s) of mobile .homes and to and - ess from Parcel C over and ways shown within Parcel A on -14- The Iwner hereby dedica'ces to spaces -within Parcel C access the roads --rid over any paths the Prat. E. Utilities and Drainage. There is hereby estab- lished and agreed between the City and the Owner necessary easements for the relocation, installation and maintenance of utilities and the establishment and maintenance of drainage, as such easements may be specifically set forth on the utility sheets, the utility relocation sheets, and the drainage sheets as appended to the Plat. The parties recognize, however, that consistent with prudent constructic,i decisions to be made during the improvement phase, the location and configuration of utility and drainage easements may be required to be altered in certain respects, all as shall be disclosed in appropriate amendments hereto and to the plats incorporated by reference herein, and that in this respect it is acknowledged that any present expectations of individual Association members in respect of such easements way be required to be changed accor- dingly. F. Miscellaneous. All easementa, rights of way and relocations as may urther shown on the Plat albeit: not specifically herein referred to are hereby established, granted, dedicated and confirmed by the Owner and authorized and ap- proved by the City. VII. OTHER EXEMPTIONS, EXCEPTIONS OR DEDICATIONS In accordance with Section 20 -18 of the Aspen Municipal' Code, the following exemptions and dedications apply: A. Exemptions. The following exemptions or excep- tions from the allotment procedure of the growth management quota system ( "GMP") apply in respect of the parcels and development activity herein described and shown on the Plat: (1) Parcel A. As indicated above, no new housing units are to be added to Parcel A and no development activity within the purview of the GMP is to occur on Parcel A; (2) Parcel B. The City agrees that both the creation of Parcel B and the relocation to it of the single story frame Victorian style house, all as above - described, is and shall constitute development activity that shall be ex- cepted from the GMP under Section 24 -11.2 of the Aspen Muni- cipal Code. (3) Parcel C. The City agrees that the crea- tion of Parcel C and the improvement thereof by the addition of seventeen (17) new mobile homes that shall constitute deed or covenant restricted housing within the meaning of Section 24- 11.2(i) of the Aspen Municipal Code shall be excepted from the development allotment procedure of the GMP. -15- A ..' (4) Parcel D. Parcel D has been proposed for disconnection from the City and as and upon such shall not require subdivision revic,c /approval. E. Park Dedication Fees. (1) Exemptions. Pursuant to Section 20 -18(7) of the Aspen Municipal C e, the City hereby agrees to and shall exempt from the dedications contemplated by Section 20 -18 of the Code so much of the development activity contem- plated herein and on the Plat for Parcel C as shall constitute r-- Berate or low income housing. (2) Land Dedication. To the extent that any development activity contemp at herein and on the Plat for Parcel C shall constitute middle income housing, as the Owner may at its discretion determine, albeit within the initial sales price constraint hereinabove set forth, the Owner agrees to pay a park dedication fee for each such dwelling unit i.e., mobile home) that it sells for a sales price in excess plicable low or moderate (but in any case not to exceed $70,000.00, as above provided) income guidelines. For purposes of calculating such fee, the agreed current fair market value of the land referable to each such dwelling unit is $25,000.00 , one percent (la) of which shall be multiplied by the number of residents for each such dwelling unit as that number shall be determined under Section 20 -18(1) of the Aspen Municipal Code. Because it cannot yet be known whether a park dedication fee will be payable, given the discretion of the Owner to sell such dwelling units at a low, moderate or middle income level; the City through its Finance Director as evidenced below hereby agrees that (a) the park dedication fee, if any, payable in respect of any dwelling units to be installed within Parcel C, need not be paid until but shall be pail at the closing of the sale of any dwelling unit for which a park dedication fee is payable; and (b) that sufficient zeasons and assurances of payment exist to warrant the foregoing postponement of payment and the recordation of the Plat in advance of such payment; provided, however, that the Owner hereby acknowledges and confi mr tit upon the recording hereof in the Pitki.n County, Colorado real property records, this Agreement shall consti- tute a lien upon so much of Parcel C and any dwelling unit thereon for which a park dedication fee shall become payable, as above provided, to secure the payment thereof. Furthermore, any instrument of conveyance to any mobile home transferred without payment of the park dedication fee, if due, shall be a nullity until such time as the required fee, if any, is paid. - -16- .i A (. N 424 . a 796 VIII. WATER AVAILABILITY Water lines shall be installed consistent with the provisions contained within the utility sheets, water line details and the costs of such installation shall be those estimated amounts as set forth on Exhibit "F" hereto annexed. The City agrees upon approval of this Agreement and the Plat through its water department to supply water consistent with the proper servicing of the needs of the improvements to be constructed at Smuggler Mobile Home Park as above- described, and in this respect the City agrees that the tap fees to be charged in connection with the water servicing of Parcel C will be based upon the tap fee schedule in effect and applicable as of September 27, 1980. IX. SEWER AVAILABILITY Sewer lines stall be installed consistent with the provisions contained within the utility sheets, sewer line details and the costs of such installation shall be those estimated amounts as set forth on Exhibit "F" hereto annexed. The City agrees, upon approval of this agreement and the Plat by the Metropolitan Sanitation District that sewer services are fully available for the development anticipated on the Plat, and that the estimated costs for sewer taps and related fees connected with the installation and hook -up of such sewer services are estimated to be the sum of $13,600.00, which amount was prepaid by the Owner at the behest of the Sanitation District prior to December 31, 1981, in order to secure the more favorable rate structure then in effect. The availability of such sewer services shall be provided by the Sanitation District in a manner that conforms to the estimated construction and development schedule as set forth in Exhibit "F" attached hereto. X. FINANCIAL ASSURANCES Pursuant to Section 20 -16(C) of the Municipal Code, the Owner and the Association (to the extent of its undertaking in respect of the improvements) hereby agree to provide a guaranty in the sum of $463,883.50, which sum represents the estimated cost of 1008 of that portion of the improvements set forth and allocated under Exhibit F hereto for which the City, through the City ngineer, has requested financial assurance. That portion of the improvements for which financial assurance has been requested and which hereby is agreed to be given is described on Exhibit "H" hereto. The guaranty to be pro- vided by Owner and the Association (to the extent of its undertaking in respect of the improvements) shall be in the form of a cash escrow with the City or a bank or savings and -17- pox 44 ; ,797 loan association; or shall be in the form of an irrevocable sight draft or letter of commitment from a financially respon- sible lender; and such guaranty shall give the City the uncondi- tional right, upon default by the Owner, or its successor or assigns or the Association, as the case may be depending upon the nature of such default, to withdra* ends upon demand to partially or fully complete and /or pay for any improvements or pay any outstanding bills for work done thereon by any party. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and accep- tance, he shall authorize the release of the agreed estimated cost for that portion of the improvements; provided, however, that ten percent (100) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer. Unless otherwise agreed during the course of construction of the improvements the financial assurances herein provided may be amortized in the manner set forth in the Progress Chart Release Schedule attached hereto as Exhibit "In. It is the express understanding of the parties that the procedure set forth in paragraph IV pertaining to the procedure for default and amendment of this agreement shall not be required with respect to the enforcement and implementa- tion of financial assurances and guaranties to be provided by Owner as set forth above and required by Section 20 -16(c) of the Municipal rode. XI. MISCELLANECUS A. The provisions hereof shall be binding upon and inure to the benefit of the Owner and City and their respective successors and assigns. B. This agreement shall be subject to and construed in accordance with the laws of the State of Colorado. C. If any of the provisions of this agreement or any paragraph, sentence, clause, phrase, ward, or section or the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of tk.: remainder of this agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. D. This Precise Plan and Subdivision Agreement contains the entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. Mm �,,., 0 -AIR r 1c 424 r, X796 E. Numerical and title headings contained in this contract are for convenience only, and shall not be deemed dete-minative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. F. In order more fully to effectuate and preserve the performance of the terms, conditions, provisions, covenants and agreements herein contained, the parties agree that this Precise Plan and Subdivision Agreement for Smuggler Mobile Home Park shall, by the City, he recorded in the Pitkin County, Colorado real property records. G. Notices to be given to the parties to this agreement shall be considered to be given if delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN ASPEN MOUNTAIN PARK City Manager C/o Robert W. Hughes, Esq. 130 S. Galena Street OATES, HUGHES i KNEZEVICH, P.C. Aspen, CO 81611 600 E. Hopkins, Suite 200 Aspen, CO 81611 SMUGGLER MOBILE HOMEOWNER'S ASSOCIATION P.O. Box 606 Aspen, CO 81612 H. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described in Exhibit A her.to and any and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. IN WITNESS WHEREOF, the parties hereto have hereunto executed their hands and seals on the dates and year respec- tively indicated, in full understanding and agreement to the -19- 'til "31 OW 424 : s<< 799 i terms and conditions herein contained. i t sA� r »iii 4,KWaAy?n*c , City Clerk oved this ay of 982. i ,S' UA ity rinan a Director i, �! a ATTEST: ATTEST: 1? y� CITY OF ASPEN, a Colorado Municipal.Arporation By n Edel, May a Colorado r N B�,. o nera P the MUGGLER MOBILE HOMEOWNERS' AOSOCIATION, a Colorado Coope��rpati'vee�0 ( By Cha alrt ) Jv�, President PITKIN LTD., a Colorado corporation, By _2V_ k $QA 4z4� 8u0 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The toregqII } nstrument was acknowledged before me this &AL day of , 1982, by Herman Edel, „ as Mayor, and Katnryff Koch, as City Cork of the City of Aspen, a Colorado Municipal Corporation. WITNESS my hand and official seal. My commission expire�,���3 My address is: (SEAL) Nota Public STATE OF COLORADO ) COUNTY OF PITKIN ) so. The foregoing instrument was acknowledged before ,,ie this -5%,W day of / //q tw 1982, by. rtv i s AnY. , as General Partner of ASPEN MOUNTAIN PARK, a Co orado general partnership. WITNESS my hand and My commission expire My add es`<jA is': (SEAL) /?.c L /- l STATE OF COLORADO ) ss, COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day cf 7YNue•L , 1982, b EfiznbeiN� jbh sen , as P:asident and, p•NersiN�rw _ as secretary of SMUGGLER MOBILE HOMEOWNERS' ASSOCIATION, a Colorado Cooperative. WITNESS my hand and official seal. My commission expires.-s-4.10-13q My address is: Goo E NopO<;ns, <,;te 24�0 ldsp SEAL) tary Public -21- Eff ;e STATE OF COLORADO ) ) S8. COUNTY OF PITEIN ) ii The foreq in instrument was ackne me It this day of 148 ` by asgltaident, an co _, as Secretary of P ., a r o corporates— WITNESS my hand and offi i } } }1 seal. My commission "Pares: ?, Xv r ge to c I _ ?2_ F N. wox 424 rAu 802 EXHIBIT A - Legal Description, smuggler Mobile Home Park EXHIBIT 0 - Legal Description, Pitkin Reserve EXHIBIT C - Application for Disconnection EXHIBIT D - Site Tabulations EXHIBIT is - Plan of Abatement EXHIBIT F - Smuggler Mobile Home Park Improvements Schedule EXHIBIT G - Construction and Development Schedule EXHIBIT H - Portion of Improvements to be Financially Secured EXHIBIT I - Progress Chart Release Schedule ZN Dr, X TO EXH I:B'T3 a I xe.►sai:iwt�*= :a......�... ,r _ s...; »,d,rw:•;:asr r � �,M4 <.'4 tA,.804 A tract of land situated. Is a portion of the East Aspen Townsite, the East one -half of the Southwest one quarter and the West one -half of the Southeast-one- quarter of Section 70 Township 10 Southv Range 84 West' of the 6th !.11.1,:460eribsd as follovai. BEc3NN1N0 at Corneri10. 10 of the East Aspen Townsite; of said last thence North 54'52 17" West 58.10 feat to Corner No. 11 Aspen Tovasita; thence North 66011100" West 142933 feet; tbenca:North 03010942V West 114.35 feet to Corner No. 16 of said East ' Aspan.Tovasite= - thence North 44029122" West 312.67 fret to Corner Po. 25 of said East Aspen Townsite along the Northerly boundary. of parcel of land described in Book 205 at Page 579m, Pitkin County records; thence North 45'12159" West 128.83 to Corner No. 24 of said East Aspen Tovnsits along a portion of said Northerly boundary; thence North 24'05'24" seat 139.28 feet; thence North 37'11141" East 20.25 feat; thence South 44'35950" East 12.15 feet= thence North 29,03905" zest'lfl2.32 feet along an exi.stirig fence and extensioa.thereofi thence South 4.08 feet;' thence North 37'11141" East 154.57 feet; thence North 78025115" East 77.68 feet; thence North 89'57110" East 303.99-along boundary.line described in Book 280 at Page 827 and re- recorded in Book 280 at Page 965, Pitkin County records; thence South 63.44145 "East thence South 81'23'42" East thence South 89'25942" East thence South 54 34'55" East thence South 52'47'48" West Aspen Townsite; thence South. 34'55118" West The Point of Beginning. Pitkin County, Coloradc. 168.08 feet 183.42 feet 98.00 feet 64.87 feet 188.36'feet along along along along to Co 760.18 feet to i said said said said rner boundary line; boundary line; boundary .line; boundary line; to. 5 of said East -. °rte ir". �. .,- ^...- .....,..o..._._._. —_... _ BOUNDARY DESCRIPTION x1hA414 ik: 8 6 A tract of land being part of the SW -1/4 of the SE -1/4 and Lot 14 of section It and the NW -1/4 of the NE -1/4 and Lot 14 of Section 12 and part of tract B of the Brown Placer O.S.M.S. No. 15047 and the Nellie Me No. 2 U.S-M.S. No. 15047 together with a part of Lot 23, Block 2, Pitkin Green Subdivision, all in Township 10 South, Range 85 West of the Sixth Principal Meridian, said tract is more fully described as follows: Beginning at a point on the Northeasterly right of way line of the Denver and Rio Grande Western Railroad whence the northeast corner of said Section 12, a brass cap, bears N 70 025107" E "on said right -of ^way line the following 1636.50 feet; Thence a g courses and distances: S56 010100 "E 265.52 feet; 3.80.53 feet along the are of a curve to the left having a radius of 523.69 feet; N82 012200 "E 137.57 feet; 248.29 feet along the arc of a curve to the right having a radius of 623.29 feet to the intersection with the west line of Lot 1, Green Acres Subdivision; Thence South 148.14 feet along said west line to the intersection with the boundary described in Book 213 at Page 163; Thence along said boundary the following courses and distances: N89 004100 0W 198.30 feet; s40 029100 "W 59.20 feet; S81 "1z' ^11W 113.20 feet; S65651'00-W 23.76 feet to the intersection with the northerly boundary of the,Secc.nd Aspen Company Subdivision; Thence along said northerly boundary and along the westerly boundary of said subdivision the following courses and distances: S82 017100 "W 242.94 feet; N84 018100 "W 180.76 feet; S00 026155 "E to the centerline of the Roaring Fork River• Thence along the centerline of the Roaring Fork River to a point at the confluence of the Roaring Fork River and Castle Creek; Thence along the centerline of the Roaring Fork River the following courses and distances: N07 027100 "E 268.81 feet; N08 037100 "W 150.33 feet; N37 028100 "W 66.23 feet; N45 041100 "W 79.88 feet; N51 000100 "W 76.10 feet; N62 °23100 "W 82.10 feet; Thence departing from said centerline 213.52 feet to the most westerly pitkin Green Subdivision; Thence N43 011'00 "E corner of Lot 4, southeasterly along the MdZ'N�.i! s ,u424 iud southwesterly lines of Lots 4, 5, 6, 7, 9 and 10, BI Fitkin Green Subdivision, said lines being 10 Feet f and parallel to the northeasterly right-of-way line Denver and Rio Grande Western Railroad, the followin courser and distances: 52.21 feet along the arc of a curve to the right haviicq a radius of 1015.37 feet and whose chord rears S46.41123 0E 52.20 feet; S45 013100 "E 147.00 feet; 309.83 feet along the are of a curve to the right having a ran__ +.us of 1015.37 feet; S270441000E 81.00 feet= 365.21 feet along the are of a curve to the left having a radius of 730.80 feet; 5566221000E 125.82 feet; 377.83 feet along the arc of a curve to the right having a radius of 1333.57 feet; S40008000OR 14.44 feet to the -easterly line of said Lot 10; Thence along said easterly ?:ina N36•09100 "E 33.68 feet to the westerly coca +Y of Lot 23, giock 2, Pitkin Green Subdivis *,:n; Thence along the southerly line of said Lot 23 the follow) courses and distances: S61614'00 "S 135.43 feet; !IS56501006E 162.41 feet; Thence S350521000E 159.49 feet; Thence S430121006E 209.77 feet; Thence S39604100 "E 144.45 feet; Thence 558 600900 "e 165.01 feet; Thence S506001000E 131.64 feet; Thence S33610100'W 191.72 feet to the point of beginning; Excepting therefrom that portion lying within the right of of the Denver and Rio Grande Western Railroad. County of Pitkin, State of Colorado. -2- L� A�A24 A:809 APPLICATION FOR DISCONNECTION OF TERRITORY FROM THE CITY OF ASPEN The undersigned applicant, being the landowner within the exterior boundary of the territory described in Exhibit "A" attached hereto and incorporated by reference herein, which territory lies within and adjacent to the boundary of the City of Aspen, pursuant and subject to Sections 31 -12 -501 et seg C.R.S. 1973, hereby respectfully applies to the City Council of the City of Aspen for the enacement of an ordinance disconnect- ing the property above- described from the City of Aspen. DATED: U ASPEN MOUNTAIN PARR, a Colorado general partnel/rrshi/p}/�� By Alexander E. Lipkin, genera- 1� partner Mmw� f 1 r 424 A PARCEL OF LAND SITUATED 11 THE SOUTH 1/2 OF SECTION 7, TOIJNSHIP -10 SOUTH, ,.:LNGE 84 NEST OF THE 691 P. M., PiTKIN COUNTY, COLOR-=0O. BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT '.,.'HENCE CORNED Mn- 5 OF TRACT A, ASPEN TOWNSITE ADDITION BEARS S 52'47'48" W 35.00 FEET; THENCE N 4.?°26'09" W 213.77 FEET; THENCE S 81423'42" E 125.00 FFFr; THENCE S 89 025'42" E 98.00 -FEET; THENCE S 5463V55" E 64.87 FEET; ,THENCE S 52047149" W 153.36 FEET TO THE POINT OF BEGINNING, CONTAINING 0.4 ?6 ACRES, MORE OR LESS. EXHIBIT "A" TO APPLICATION FOR DISCONNECTION (ASPEN MOUNTAIN $ARK, APPLICANT) Dated: E�fj` �p (�` (qQ-t A Site Tabulations (By Psrcnl) Total Acreage - 11.8 Parcel A Acreage.- 9.133 Proposed Zoning - Mobile Hoc.e Park Humber of Units - 87 Mobile Homes, 1 Laundry /meeting room Leasehold spaces - 5.929 acres Rights of Hay /Easements - 2.205 acres Common Space - 1.010 acres Parking - 2 spaces per lot 56 additional guest /R9 parking spaces Parcel B Acreage - .356 acres Proposed Zoning - R -15, single family residential Humber of Uxrits - 1 residence Structure - Single story frame victorian Building Coverage - 1,20.)0 square feet Easements - .099 acres Parking - 2 spaces Parcel C Acreage - 1.912 acres Proposed Zoning - Mobile Home Park Number of Units - 17 mobile homes Leasehold Spaces - 1.368 acres Rights of Way/Easements - .536 acres Common Space - None Parking - 2 spaces per unit 5 �tuest spaces Parcel D (to be deeded to Pitki❑ County) Acreage - .402 acres . v. ABATEMENT SCHEDULE THIS SCHEDULE shall govern the abatement of the non - conformities of the presently existing improvements in Smuggler Trailer Park, also known as Aspen Mountain Park 1. NON- CONFOWMINC IMPROVEMENTS: Improvements located within the Park which do not conform to the Municipal Code of the City of Aspen in the following respective categories, shall be corrected so as to conform as follows (all time periods shall be deemed to commence on the date of the sale of the Park to the Smuggler Mobile dome Owners' Association)- A) Any mobile home that encroaches in a significant manner on the private rights of way, to be shown on the Improvement Survey for Smuggler M- -bile Home Park, which shall be attached hereto as an exhibit when completed, shall be relocated so as to no longer encroach on those rights of way within two (2) years. B) Any mobile home which encroaches in an insigni- ficant manner upon ::ny of the private rights of way shall be moved at such time as the owner thereof replaces a mobile home on that space, a variance from '.:he present provisions of the Municipal Code. C) Any outbuilding or other improvement that encroaches upon any private rights of way or on the adjacent mobile home space shall be moved within two (2) years. D) Any outbuilding or other imp;_ * ;veme. -:t that .is located too close to any mobile home. locatec on an adjacent lot, shall be relocated within two vaar. E) Any outbuilding or improvement that is located too close to its own mobile home shall be removed or brought into compliance with the fire standards stated in the Uniform Building Code, within five (5) years. F) Any addition to a mobile home, other than a deck, shall be brought into compliance with the Uniform Building Code within two (2) years. G) Any deck which is too close to any adjacent mobile home shall be removed and /or relocated so as to correct its non - conformity withi.: fi a (5) years. II. OPTIONS OF THE !,CARD Ot- DIRECTORS: The Board of Directors of the Smuggler Mobile Home Owners' Association and the Archi�ec- tural Control Committee theroef, shall nave the option, at their discretion, to require any correction of any situation which is in violation of any provisions of the Municipal Code for the City of Aspen, on any space within. the Pain, at such time as any owner or occupant applies for any aperc%:> for any type of construction on the mobile home space, or if rn._ 3oard Directors deems that ti_e situation should be corrected when the Association is constructing or relocating improvements within the Park. III. LNIFORCEMENT: After the resper ,_ive time periods have elapsed as discussed hereir., the City of Aspen shall have the right, by injunctive means or otherwise, including, but not limited to, treating a non - abatement as a violation of the Municipal Code of the City of Aspen, to require the non- conformity to be corrected on any particular mobile home space if tre same has riot been corrected in accordance with the time table as discussed herein. -2- IIW Smuggler Mobile Home Park Improvements schedule - Existing Units (parcel A) ITEM /PRELIMINARY PRICE ESTIMATE PER UNIT TOTAL I. Sewer Improvements 1. Polyvinyl Chloride Sewer Pipe (Main) includes Furnishing: a) 8" Pipeline, 8 feet to 10 feet depth of cut, 1,822 LF !$24 /LF $36,440.00 b) 8" pipline, 10 ft ±t to 12 feet depth of cut, 350 LF @$24 /LF 8,400.00 2. Manholes Standard, includes furnishings: a) Standard M.N. 8 feet to 1C feet in depth 8 ea. t+S1,000 /ea. 8,000.00 b) Standard M.H. 10 feet to 12 feet in depth 2 ea. @51,200 /ea. 2,400.00 3. Sewer Service Connections to Main Line includes furnishings: 8" to 4" PVC - "Y" 89 ea at $60 5,340.00 4. Sewer Service connections to Trailers NOTE: Allowance only - this is ccnsidered adequate for required plumber "nook -up" to trailer. work to be done is from property line to trailer sewer outlet. 89 @$11,000 89,000.00 5. Sewer Service Pipelines NOTE: work to be done up to but not past trailer lot property line. 4" PVC, 2,500 LF @$17, /LF 42,500.00 6. Imported Back Fill (if required) Includes: Road Base /sand, 400 Cu.9ds, at $18 /Cu.Yd. 7,200.00 F -1 { -- i i 424 7. Rock Excavation °AK 424 818 Exact cost per cubic yard excavated, including explosives, plus 10% fee NOT EXPECTED NOTE: Not anticipated in soils reports. S. Sewer & Waterline Crossing Allowance includes: 5 @$350 1,750.00 9. Connection of New main Line to Existing Manholes No. S -8 Standard OTOO, Line -A, 1 @$550 550.00 Sub Total $148,740.00 10. Supervision - 101 14,874.00 11. Contractc_r Overhead /Profit 10% 14,874.00 12. Contingency - Change Orders _ 11,512.00 TOTAL $190,000.00 II. Gas Improvements 1. C &W Mainline, 2" Pipe 350 feet @$3 /LF 1,100.00 2. Regular 2" Pipe (Rains) (PE) 400 feet @$1.50 /L'r 600.00 3. Regular lii" Pipe (Rains) (PE) 2,500 feet @$1 /LF 2,500.00 4. Service Lines to Trailer NOTE; ccntingent upon City of Aspen approvals for "re- piping". 89 @$100 /ea. 8,900.00 F -2 ka P, 5. Skilled & Unskilled Labor 6. Equipmeat 7. Contractor Overhead, Profit, Supervi- sion 8. Contingency TOTAL �° 00 $10,000.00 2,000.00 2,500.00 2,400.00 $ 30,000.00 III. Electric Improvements 1. 100 amp Underground Services & Pedestals, Meter Housing & Discon- nects at Existing Poles (Holy --ross) to meet N.E.C. Requirements. 89 @$1,2.7,/=. 113,475.00 2. Excavation, Sand Bed 6" below & above wire, Backfill. 31,500.00 NOTE;- Includes off site material suitable for sanding at approximately $20 /CU.yd. in place, Labor & Equip. 3. Contingency 1,025.00 TOTAL $ 146,000.00 NOTE; Contractor Pro *'it, Overhead Supervision included in Item #2 above. IV, water Service Improvements A. Future 1. Add 1 Fire Hydrant. SE. Section of Project 6 feet depth (includes excavation, asphalt patching, hauling, backfilling). 225 LF 6" DIP @$25/LP 5,625.00 1 -S" x 6" TEE @$250 /ea. 250.00 1 -6" Valve & Box at $ 500 /ea. 500.00 F -3 ? 49.! F:r.`'^'- P;"7(i+e`.gw:''�'•+`., `+.. 424 820 1- Eydrant @$1,500 /ea 1,500.00 TOTAL $ 7,875.00 2. Sewea. & Water Line Crossing 230 @$350 /ea. (optional) 700.00 3. Warmer Service Connections to Laundry (1 @$1,500) Units 28, 40, w, ig 78. 84 ($1,000 /ea.) 7,500.00 NOTE: Includes Excavation /Backfill .1 4. Contractor Overhead, Profit & Supervision 1,650.00 5. Contingency 1,750.00 TOTAL $19,475.00 B. Water improvements (already Placed by City) ITEM /UNIT PRICE TOTAL 1. Water Main (12 ", i,,:.,: at 8" rate) , 2 Fire Hydrants 8" DIP, 510 ,:.F @$17 /LF $ 8,670.00 6" DIP, 108 LF @$14.50 /LF 1,856.00 B" MJ-GV + VB, 3 @$560 1,680.00 - 1 at Tap, i at Tee, 1 on Tea 6" 45' Bend @$200 200.00 8" x 8" Tee 0$300 300.00 6 "GV + VA 2 @$420 840.00 6" Fiie Hydrant, Drainand Kickblock, 2 @$1,250 2,500.00 8" x 6" Tee & KB, 2 @$300 600.00 8" MJ x FLG Tee, 1 @$300 300.00 8" MJ CI Plug + KB, 1 @$150 150.00 Compensation, 8" Tie -in @$2,200 2,200.00 Compensation, Plug + abandon 4" line @$515 515.00 Furnish + Install Class 6 Base course, 1,070 tons @$6.90 7,39('.00 TOTAL $27,201.00 F -4 we x424.;:;821 V. Rough Grading S Finish Grading for Roads s Parking 1. Rough ,grading of approximately 30 feet between property lines. Best compaction obtained by standard roller methods, ie., NO Vibration, NO retaining walls, remove any existing paving. Cut, Fill Balance grade for approximately 2,550 LF at S3 /LF $7,650.00 2. Finish Grading of Approximately 30 feet width, as above. 2,550.LF @$2 /LF 5,100.00 3. Contractor Overhead 6 Profit 1,275.00 TOTAL $14,025.00 vl. Miscellaneous Work 1. Remove 6 Existing Concrete Pads 1,200.00 2. Place 6 new concrete trailer pads. Allow 6 cubic yard. concrete, rein- forcement steel, an: -' .forming for each pad, Building Depa anent to decide requirements. 6 @$1,500 /ea. 9,000.00 3. Removal of trash ar.. aeneral site clean -up. 2 days, . r.en, 8- hrs /ea. 1,400.00 64 hrs @$12 /hr. 768.00 Truck S Loader, 8hrs. @$80 /hr. 640.00 4. Contractor Overhead, Profit S Supervision 1,160.00 5. Asphalt Removal (Dcne Fall 1981) 12,500.00 6_ Laniscaring (Trees. SDd) 2,500.00 TOTAL $27,760.00 I' -5 i i r^* U Y`Ij Storm Drainage - 1. Allowance for: Approx. 620' PVC Pipe, varying diameter (12- 1F -18'), 6 grazed inlets. Plugged until nester drainage system is available. Bedded 2 -3' deep. TOTAL CONSTP.00TION • -10424 .t= 82 *34,000.00 $488,461.00 With respect to stc,rm drainage, furt er detail or t',e -,,stem is describee in a memorandum dated February 5, 1982 t) the Aspen Engineering Department, which memorandum is reproduced at the end of and hereby incorporated by reference into this= Exhibit "F ". F -6 a I. 31 na 424 823 Smu l.r Mobile Home Park Improvements hedule - New Units (Parcel C) i Item /Preliminary Price 2stimate sewer,iimprovements i' 'I. PVC Sewer Pipe (Main) 6" Pipeline, 8 to 10 feet depth of cut, 545 LF @$24 /LF 2. Manholes Standard MH, 8 to 10 feet in depth, 3 @$1,000 /ea. 3. Sewer Service Connections to Main line 80 to 4" PVC -'Y', 17 @$60 /ea. 4. Sewer Service Connections to Trailers (estimated at $1,000 ea for plumber hook -ups - 17 units) S. Sewer Service Pipelines; to trailer property line. 4" PVC, 475 LF @$17 /ea. 6. Imported Back Fill (Road Base, Sand) $13,080.00 3,000.00 1,020.00' 17,000.00 8,075.00 80 Cu. Yds. @$18 /Cu. Yd. 1,440.00 SUB TOTAL $43,615.00 7. Supervision - 10% 4,361.00 S. Contractor Overhead - 10% 4,361.00 9. Contingency 3,000.00 TOTAL $55,337.00 F-- 7 � 1 11 II. Gas Improvements 1. Regular 2" Pipe (Mains) (PE) - 520 feet @$1.50 /LF 2. Sdrvice lines to Trailers 17 @$100 /ea. 3. Skilled & Onski13ad Labor 4. Equipment S. overhead, profit, Supervision 6. Contingency III. Electric Improvements 1. 100 amp. Underground Services & Pedestals, Meter Housing & DisconnectF at Existing Poles 2. Excavation, Sand Bed 6 inches around wire, backfill s40 LF @$7 /LF 3. Contingency IV. Water Improvements 1. Water 8" Line 745 LF @$18.50 /LF 2. Furnish & Install 8" M.J. Gate Valve & Box m3 0 =_- 424 ,A24 $780.00 1,700.00 2,000.00 500.00 500.00 500.00 $5,980.00 $21,675.00 2,380.00 1,000.00 $25,055.00 $13,782.50 1,700.00 7E F 3. Fire Hydrant, Drain to Kickblock @$1,250 80:x 6• Tee and KB @$300 6' GV + VH @$420 8• GV + VS @$560 4. Furnish & Install e" C.I., M.J. Tee & K.P., e" x 8" 5. Furnish & Install 17 Service Lacterals, Not to include PIP (Tap Fees) $1,000 each to property Line 6. Miscellaneous 8" N.J. Bends & K.B.'s 3 -45' angle C.I. @$200 /ea. 3 -22k* angle C.I. @$200 /ea. 3 -11b- angle C.I. @$200 /ea. 1 -8" M.J. C.I. Plug 6 K.H. @$150 7. Allowance to connect 17 3/4" Services Plumber to Trailer from Property Line a;irN424 1,500.00 300.00 420.00 560.00 $350.00 17,000.00 1,950.00 17 B$850 /ea. 14,450.00 SUB TOTAL $52,012.50 S. Contingency (Including possible sand bedding) 40923.50 9. Possible Sewer Crossings 3 @$350 /ea. 1,050.00 TOTAL $57,985.50 F -9 Y k. c. tInW 424 !t,; 826 V. Grading /Drainage /Paving- 1. Rough Grading of Benches for Trailers and Road ROW - Cut, Fill, Balance grade for approx. 1,000 cubic yards d$3 /cu.yd. $3,000.04 2. Finish Grading ofapprox. 700 LF E$2 /LF 1,400.00 3. Paving, 2 inches aspha?t over 8 inches suitable Compacted base, to 24 feet width average, for 700 LF 1,867 Sq.yds. 0$11.50 21,470.00 4. Seepage Pit, Approx. 720 Cu.ft. Crushed gravel in 61 square concrete box, 2 grated inlets. Convertable to catch basin for connection to master Drainage system. 12,000.00 S. Contaactor Overhead, Prcfit, Supervision and Contingency 5,680.00 TOTAL $43,550.00 TOTAL CU=STRUCTION $ 187,907.50 ' See note at page F -6, ante. F -16 x< �ztfi >s.�rs��e�*�:s�..ra..,s• -z.�.. - .a+. - r.�. -.. , ...�, ••r =�,.,,......•. _.,- ..,A�4...,a.,.... ._:.._. „�. Smug �l er Mobile Yome Pazk (Existing Units) Utilities Maintenance Responsibility ITEM sewer RESPONSIBILITY A) BN Main, Manholes - Aspen Metro Sanitation District B) Service Connections - "TN at main to individual lot lines - muggl ^.r Co -cp C) Service Connections - Lot line to Trailer - Individual Ow.ler Gas A) 2N & 1 }N Main, and service lines to gas meter - Rocky Mountain Natural Gas B) Gas Meter to Trailer - Individual Owner Electric A) Overhead main lines through pole transformer - Holy Cross Electric B) Distribution line from transformer through disconnect - Smuggler Co -op C) Distribution line from disconnect cc trailer - Individual Owner (Note: Meters may be placed on poles or on indivi- dual trailer pedestals, based on Final Design). Water A) 12" Main, valves, fire hydrants - Aspen Water Department B) 2" Distribution lines - Smuggler Co -op C) Service lines to trailers - Individual Owners Roads Maintenance, plowing, etc. - Smuggler Co-op F -11 n- ."..x.,.•.y .� i�.!�#��„'� ..:6.,� " et�:Fi"��',�'�, ;.I�rti�i� '�. s:iC1�'.`'e1�?i�e°, r�':.;'�;,;i►'��L 1j .UGGLER MOBILE HOME PARK a_ iooVEMMS COST ALLOCATION TOTAL SEWER I -- Main, All Service $179,445 -- -- Lines (except as follows): Service Lines - — $ 4,222 — --- (�47. Service Lines - -- --- $ 0,333 — (074, 184, Laundry) TOTAL $179,445 $ 4,222 $ 6,333 $190,000 GAS Main, All Service 28,330 -- Lines (except as follows): Service Lines - ( /4'f, f5f) 668 -- _- Service Lines - -- - -- 1,002 - -- - 074, 084, Laundry) TOTAL $ 28,330 $ 668 $ 1,002 $ 30,000 ELECTRIC New Service Lines 137,705 --- '- (except as follows): Sere ce Lines - ' (04'/. O* -- 3,318 — - -- Service Lines - -- -- 4,977 (074, 084, Laundry) TOTAL $137,705 $ 3,318 $ 4,977 $146,000 * /Pursuant to antecedent agreem,_it, all shared costs are to be shared as a ratio between AMP (the Owner) and the Cocp (,t r.e Association) on a 52:48 ratio, respec9 g.12 i�� IHPRQVE.NENTS COST ALLOCATIOlk.,eontinued) s` Page Two w �► �.:i,r,4�4 <<_�.�Z3 x SHARED COOP AHP TOTAL WATER New Main. Fire $ 41,176 -•— -- Hydrant, Service Lines (except as follows): Service Lines - -- 2,000 - -- (#41, #S1) Service Lines - - -- --- 3,500 ( #74, #84, Laundry) TOTAL $ 4,,176 $ 2,000 $ 3,500 DRAINAGE Underground 34,000 -- - -- Storm Sewage System TOTAL $ 34,000 -- - -- MISCELLANEOUS Pad Removal - #28 #4Q #` . 14 400 - -- 400 -- - -- #74, 184 - -- - -- 400 TOTAL $ 400 $ 400 $ 400 New Pads - #26 140 R, #5f 3,387 - -- — 3,386 - -- - -- #74, #84 - -- - -- 3,387 TOTAL $ 3,387 $3,3$6 $ 3,387 ' Asphalt 12,500 -- - -- Removal -- - -- - -- TOTAL $ 12,500 - -- - -- Cleanup /Trash 1,400 - -- - -- Removal TOTAL $ 1,400 ' - "- - -' F -13 I� 46,676 $ 34,000 $ 1,200 $ 1C, ,160 $ 12,500 IMPROV'ZIENTS COST ALLOCATION (continued) Rge ;bzee A w ,,•,F 424 , 830 .rnnn AMP TOTAL F -14 e New Laundry/ Cost to be Meeting Room Determined ROUGH /FINISH $ 14,025 --- -- GRADING - ROADS, ENTRANCES, PARKING TOTAL $ 14,025 — -- $ 14 „025 LANDSCAPING Entrances/ 2,500 Property Lines TOTAL 2,500 -- _ 2,500 GRAND TOTAL $454,868 $13,994 $19,599 $468,461 F -14 e SMUGGLER MOBILE HOMF. PARK IMPROVEMENTS COST ALLOCATION SHARED COOP 'IMP GRAND TOTAL $454,868 $ 13,994 $ 19,599 - 217,500 =2-; , 36� x 488 13,337 - -- x 528 123,431 TOTAL 127,931 143,030 8" -I-,-47-0 - -- F' -15 The Durant Mali 710 Eq- "Quront Street Aspen, Colorado 81611 USA 30` - -�5 -2772 P V. 4243 February 5, 1982 W TO: Jay Hammond, Aspen Engineering Department FROM: John Hawkins koorwad RE: Smuggler Drainage System_ Attached please find two memos from Jim Flood, Wright- McGlaughlin Engineers, concerning Smuggler drainage. These memos: summarize first estimates of drainage conditions in the area, and a preliminary drainage plan. The plan for drainage calls for dry wells to be converted to catch basins. As you recall, subsequent discussion. with the City and Wright- McGlaughlin: has modified this plan to eliminate dry wells: and install capped catch basins. These will be opened when a master drainage collection system is available for connection. Based on discussions with Wright- McGlaughlin, this alternative should reduce the cost approximately $5,000, although the pre- liminary estimate ($10,000 for 4 dry wells) is being submitted with plat. The drainage system f--r additional units remains unchanged, with a seepage pit (approximately 720 C.F. of crushed gravel) initially constructed; to be converted to a catch basin when the master drainage system is available for connection. This seepage pit (as noted on Plat Map 92 - Utilities Schematics) will be connected to the storm sewers to be constructed in the existing Park. Preliminary Specifications for the system are as follows: Existing Park - Catch Basins (5) - Standard 5' diameter. Precast concrete basins, w4th grated inlets. - Storm drain pipe (as noted in attached memo) - 120 +/- LF 18 inch PVC 200 + /- LF 15 inch PVC 350 + /- LF 12 inch PVC - Manhole - Standard cleanable manhole. !I CO. Ile" INe M[LMNC sE...C[L �{ M +Ni LILt4LT1 MELDS OF w• ..e w•TU ..e LICT { !91•DE t -WAGE N AND nw EE AT OIIUN•o[ IIeOD Ce.T.. wet Mr. John Hawkins Interwest Realty 710 E. Durant St. Aspen, CO 81611 Dear Mr. Hawkins, ' WRIGHT- mcLAUGHLIN ENGINEER° ♦ ENGINEERING CL NSULTANTS �!A o {.rs n. c. -o•wx wan D 1'DASPEN ><424 X34 of! N'i November 24, 1481 RE: Aspen Mountain Park Drainage Facilities At your request we wish to offer the following review of drainage condi- tions in the existing trailer park area and develop alternatives for im- provements to be done under the currently planned general improvement project for the Aspen Mountain Park area. EXISTING rONDITIONS1 Aspen Mountain Park is a parcel of approximately 12 acres which lies at the base of Smuggler Mountain. An area of approximately 240 acres has historic- ally drained through the Aspen Mountain Park area eventually to the Roaring Fork River. For the purpose of this reconr�issance level report a similar basin analysis was performed using hydrology developed in the 1973 Urban Runoff Management Plan report prepared by our firm for the City of Aspen. This analysis is summarized as follows for the 240 acre drainage basin. Two year frequency peak discharge (Q2 yd =9.6 cfs (cubic ft- /sec Two year frequency volume (V2 yr) =1.3 A.F. (Acre feet) One hundred year frequency peak discharge (n 100) =123 cfs One hundred yearfrequency vol me (V 100) =11 A.F. Historically drainage has flowed through the Park uncontrolled onto Gibson Avenue and into low lying properties on Oklahoma Flats before reaching the Roaring Fork River. ANALYSIS: Drainage of this magnitude, 123 cfs for the 100 year event cannot be effect- ively managed by on -site improvements only. With increased development in the Smuggler (fountain area the need for master drainage facilities increases. Drairage from tributary areas may be inter- cepted by a mr -.Lem drainage systt,., sized for a one - hundred year event. '3PANC4 Gti1CUI ctc 11 3 c1a 11-1 STE +.[ v* suq .SRN 6RL0N W(c +' D 11, 219 F J EJE�IA C-',! 1! If DIM VE."0w nK.U! G�a'ER B GlEl w,'L: .0 S'q w(T., STU. C =.+T lx, 6.GL_ "' C G�.a,. p-; a: ASGEN C0tM m9161 �: '.SC IDl O`�..�A'+U CC. �.CY'AI EOt cll -I-- s,, r 1 -1- _ t'. 4 M[N N{TMn WI. DN{ lufi MAN. [ PKnIO\ .1. T O...:J. {wN ... GD.•, D v e J Ov{ no!{NT C LL ILD 0 , J.NU • moor J0..1 N{I .NE GIN[ •, 0 &*ELL w w{.o"' ZRUU m.•.t { .[.ca. IO.N .rL.U. w'OVLG. 011to •. - J. N•11L .. 11069075 J.C. FT 6TE1NN9196 Ll..I.. L .--I At your request we wish to offer the following review of drainage condi- tions in the existing trailer park area and develop alternatives for im- provements to be done under the currently planned general improvement project for the Aspen Mountain Park area. EXISTING rONDITIONS1 Aspen Mountain Park is a parcel of approximately 12 acres which lies at the base of Smuggler Mountain. An area of approximately 240 acres has historic- ally drained through the Aspen Mountain Park area eventually to the Roaring Fork River. For the purpose of this reconr�issance level report a similar basin analysis was performed using hydrology developed in the 1973 Urban Runoff Management Plan report prepared by our firm for the City of Aspen. This analysis is summarized as follows for the 240 acre drainage basin. Two year frequency peak discharge (Q2 yd =9.6 cfs (cubic ft- /sec Two year frequency volume (V2 yr) =1.3 A.F. (Acre feet) One hundred year frequency peak discharge (n 100) =123 cfs One hundred yearfrequency vol me (V 100) =11 A.F. Historically drainage has flowed through the Park uncontrolled onto Gibson Avenue and into low lying properties on Oklahoma Flats before reaching the Roaring Fork River. ANALYSIS: Drainage of this magnitude, 123 cfs for the 100 year event cannot be effect- ively managed by on -site improvements only. With increased development in the Smuggler (fountain area the need for master drainage facilities increases. Drairage from tributary areas may be inter- cepted by a mr -.Lem drainage systt,., sized for a one - hundred year event. '3PANC4 Gti1CUI ctc 11 3 c1a 11-1 STE +.[ v* suq .SRN 6RL0N W(c +' D 11, 219 F J EJE�IA C-',! 1! If DIM VE."0w nK.U! G�a'ER B GlEl w,'L: .0 S'q w(T., STU. C =.+T lx, 6.GL_ "' C G�.a,. p-; a: ASGEN C0tM m9161 �: '.SC IDl O`�..�A'+U CC. �.CY'AI EOt cll -I-- s,, r 1 -1- _ t'. 4 Y 1 John Hawkins Page 2 �Y�� `a�J Aspen Mountain Park November 24, 1981 �# U As the Park constitutes a small fraction of a much larger drainage basin which drains uncontrolled through the Park, the drainage situation cannot be significantly improved without master drainage improvements that would benefit the entire Sumggler Mountain Area. The homeowners could construct drainage facilities that would improve local drainage around the mobile homes, however, the drainage will ultimately wash over Gibson Avenue onto lower properties on Oklahoma Flats, as it has historically. As drainage has historically been uncontrolled as it passes through the existing Park the conclusion is two fold: 1. The roadway improvements should be designed in a matter precluding runoff above historic levels from impacting Gibson Avenue and the lower proper* es on Oklahoma Flats. 2. The proposed 17 units of additional development will impact directly the existing trailer area and result in increased drainage to down- stream areas. A rational method calculation for the 17 new units reveals that additional runoff above historic would require 720 cubic feet of detention storage volume for a two year frequency storm. The Aspen Mountain Park Homeowners Association should decide which drain- age alternative they prefer. The first option would be basically the status quo but with improved road drainage. The cost of this option is mirinal {, and would consist of contouring the road to provide positive drainage. ! There would still exist puddling in low areas of the park. The second alternative would be to irstall an undergreunc storm sewer system which would collect the runoff from the roadways. The storm sewer would outfall at the southeast corner of the site where it could be: tied into a master drainage system at a later date. The cost of this option is approximately $30,0v�.00. For the new, units area, a seepage pit could be constructed to provide 720 cubic feet of detention storage. The cost of the se =page pit would be approximately $10,000.00. The seepage pit, does have problems- prinarily the possible contamination of undercround water. The actual increased runoff rate from the new develupmeni would be mirinal wren considered with the Park as a whole. A developer contribution of SI0,000.00 m the City may provide a more positive means o+` dealing with the drainage situation. Please contact us if you have any questions. Very truly yours, VIRIGNT- MCL.AUGHLIN ENGINEERS a B. Flood JBF /kgs 7- 20 -79K i 1 � ee..ae+I awe. «aI „ ». .tw.[ta VI.111 LunLY .ND 0197w10PTDN t w.+A eD l.. +w .T.`Y 1 .1.r.D[ r +�o.. s[ e+D,» ........ ” 'IN, . CO'TN L g000 wwrTNDa 01 «[w aw.owmnaD .weJao. Mr. John Hawkins Interwest Realty 710 E. Durant St. Aspen, CO 81611 Dear John, WRIGHT- MCLAUGHLIN ENGINEERS /� ENGINEERING CONSULTANTS j L,p ALtpTT [TN[[T p[pvt t. CO[O t1eD LDII l ar.ae� �1 ♦,,{1 pp ��yy ASPEN November, 16, 1931 .ILI aTw • w w u :. Lro,e a. a ¢ww ... i . .'LLIA { T ADOAR DAVID w G PDDAaT OwY1D J. iPVa RouRT L" cw,L[+ RDw.iD . On�w e.w JAN U_ FLOOD ono Jo «.. A..... tL wLLUwu 11. AENOALL JP'1n M. If \wYw J..." D. NNIT II[LP •ROW w AO.a..1L JACL W. eTbNU91CN LtAND[R L. YRRT RE: Aspen Mountain Park Drainage Fiicil i ties At your request we wish to offer the following review of the drain- age situation for the Aspen Mountain Park Project. The existing trailer park area was constructed in the 195n's. His- torically 3rainage from the Park has been allowed to flow naturally through the development as sheet flow crossing the road and flowing tb:� the Oklahoma Flats area. At present there exists no drainage collection facilities with puddling being extensive during runoff peric-':. Pitkin County is currently doing comprehensive ievelopment planning in the area including the proposed Silverking Phase IV p.- oject. We anti- cipate that master drainage improvement designed to accept drainage flows from the entire Smuggler Mountain planning area will be constructed in the near future. However, since the master facilities are not in place, it is necessary to resolve the Aspen Mountain Park drainage problems by means of an interim solution which can be readily converted to a permanent solution when the master facilities are in place. We are recommending a system consisting of positive grading of roadways such that the roadways will act as drainage collectors for the area. Roadway drainage will be intercepted by drywell inlets interconnected by a storm sewer sized for two year frequency storm events in accordance with Pitkin County Land Use Regulation. Initially drainage will be allowed to infilt -ate the ground water following treatment in a course rock filter drywell The drywells would be sufficiently deep as to provide S feet of penetration into alluvial deposits which ugderlay the site. The drywells ara to be filled with washed rock to a depth of five feet below ground surface. At such time as a master drain is available concrete inverts may be built above the rock Fill and the storm drain activated. BRANCH OFFICES AS,EN 01A VENLNOR AKN1/E AV 4R. COIO 61611 i ENN^'bp S 1N STE MU l SRRINla�S DIUON LAKE P.0 EOL21, r.O Rpv Sop Crv' •:= "I DRAWER! t..E«wOOp SaRr »[r., sr uecv,T ViEUc+ -- iP4Tn.cawL.POeo..a cOIO�ADOa.mi cYh UR.. 6C.W '111 r 1, „” I a DEVELOPMENT d CONSTRUCTION SCHEDULE The construction schedule for t,8 eSmuggle trMobile Rome Park assumes a start date of May 3, 2, 23. the project August anticipated to be completed by This schedule is contingent upon: 1. Timely approval of the Final Plat. 2. Completion in an expeditious manner of the bidding contractor selection, and implementation phases to most the date. indicated. 3. Confirmation of the construction schedule by the eeleced contractors. 4. Availability of the required labor and materials during each phase. The completion of'the site improvements (utilities and t landscaping) will be coordinated with the residential development /relocations in each phase. ki a. d RECORDING INFORMATT9N RECEPTION NO: 240496 DATE: 4/8/82 i BOOK: 13 PAGE: 25 and 26 DOCUMENT: PLAT PLAT NAME: Final subdivision Plat of Smuggle, Mobile Home Park GRANTOR: Aspen Mountain Park GRANTEE: Final Subdivision Plat of S,nMler Mobile W—ae Park PROPERTY DESCRIPTION: a portion of Fast Aspen Additic.i in Vs of SW. and in A of SEIC of section a T10s R8407 TIME: 3:26 P.M. FEE: $20.00 To Whom It May Concern: On July 23, 2009, the Smuggler Run Homeowner's Association approved the following by a vote of 6-0. Amy Guthrie, owner of 2 Ajax Avenue, is approved to remove the existing buildings from the site and replace them according to plans reviewed and approved by the Board at their July 23, 2009 meeting. Approval of the plans was conditioned on deleting a proposed garage, except for the rear 8' of it, which is permitted to be retained as a storage area. The property owner is permitted to remove an aspen tree in front of the unit, located in HOA Common Area. The tree removal is necessary to relocate the existing house from the site. The Board is in support of sideyard and frontyard setback variances that will be requested from the City Board of Adjustment. Barry Br ca, President SmuggletYun Homeowner's Association 4s. +A�i F../tral�.y.t.:Yl ►}./'"'.'. . .. a.w3iA'- i`a'"'�Ci. ^ ... ,.,:..- . -:: EICGt+WO F9E213 AMENDMENT TO PRECISE PLAN AND SUBDIVISION AGREEMENT FOR SMUGGLER MOBILE HOME PARK THIS AMENDMENT is made and entered into as of the 27th day of September, 1982, by and between the CITY OF ASPEN, COLORADO, a Municipal corporation ( "City "), ASPEN MOUNTAIN PARK, a Colorado general partnership ( "Owner "), the SMUGGLER MOBILE. HOME OWNERS' ASSOCIATION, a Colorado cooperative ( "Association "), and PITKIN LTD.w _ffi Cmlorado corporation ( "Pitkin, Ltd. "). ` RECITALS 1. The City, Owner, the Association and =Pitkin Ltd. are parties to that certain Precise Plan apd Sub- division Agreement for Smuggler Mobile Home Park recorded in Book 424 at Pages 780 -845 of the Pitkin County, Colorado real property records (the "Precise Plan and Subdivision Agreement "). 2. Pursuant to Section v of the Precise Plan and Subdivision Agreement, the Owner on its own initiative is entitled to petition the City for an amendment to the Precise Plan and Subdivision Agreement and by letter dated September 20, 1982 (the "Petition "), the Owner did so petition the City for an amendment to the Precise Plan and Subdivision Agreement, specifically Section III, B thereof with respect to Employee Housing Dedications and Restric- tions to Parcel C of the Smugaler Mobile Home Park Subdi- vision, to enable the Owner to increase the selling price of the mobile hones to be installed within Parcel C for the reasons more particularly set forth in the Petition, a copy of which is hereto annexed as Exhibit "A ". 3. Acting through the City Council of the City of Aspen at its dulv constituted meeting on September 27, 1982, the City, with conditions, approved the request =et forth in the Petition of the Owner and the parties are desirous of confirming ::uch approval in this instrument. NOW THEREFORE, i AMENDMENT M439 PACE214 IN CONSIDERATION OF the premises, the mutual covenants herein contained, and in the Precise Plan and Subdivision Agreement, the parties hereby agree to and do amend Section III, Paragraph B of the Precise Plan and Subdivision Agreement for Smuggler Mobile Home Park Subdi- vision as follows, and notwithstanding anything in the Precise Plan and Subdivision Agreement to the contrary contained, it is agreed that: 1. Increase in Sellin Price. Subject to the conditions herein ow set ort , trle Owner shall be entitled, at its sole marketing discretion, to sell each of the 141 x 70' mobile homes to be installed within and upon Parcel C of the Smuggler Mobile Home Park Subdivision for not in excess of $76,000.00 and each of the 14' x 60' mobile homes to be similarly installed for not in excess of $71,000.00. 2. Conditions. The increase, hereinabove provided, in the aowrasre selling price for the individual mobile homes to be installed within and upon Parcel C of the Smuggler Mobile Home Park Subdivision is subject to and conditioned upon the following: a. The availability to each purchaser of each such mobile home of PNMA guarantied financing upon the terms more particularly described in Exhibit II to the Petition hereto annexed as Exhibit "A ", and the closing of the purchases of the mobile homes upon those terms or, as the case may be, upon terms, by whatsoever source offered, not less favorable to the purchaser; and b. The installation of mobile homes with physical characteristics comparable to those set forth in Exhibit III to the Petition hereto annexed as Exhibit "A ". 3. Remaxninq Provisions Unaffected. Except to the extent express y ere�na ove set forth, t e remaining provisions of the Precise Plan and Subdivision Agreement for Smuggler Mobile Home Park are unchanged and in effect - 2 - N A it ..__. ..... .. v _. _ •,an4 saa'. x 4Y'.Mi��" ^^".'T1-nT.�'�.� } c .., ^'t a. a X439 mrf2i5 as written and recorded in Book 424 at Pages 780 -845 of the Pitkin County, Colorado real property records. ATTEST: Ka ryn,I c , City Clerk- - ATTEST: Secretary CITY OF ASPEN, a Colorado municipal corporation Bye v�, Hermaq :E ;e , Mayor ASPEN 4UNTA7N DARK, a Colorado partner, by P his attorney- 1 Kin, a genara rt W. Hughes, fact SMUGGLER MOBILE HOME OWNF.P.S' ASSOCIATION, a Colorado Cooperative By Press ent PITKIN LTD., a Colorado corporation and A. Kne president. ice - 3 - N y� >' '47y a ' ar 3 �r STATE OF COLORADO ) ,439 v %%216 ) F5. COUNTY OF PITKIN ) The fo oing n ent was acknowledqed before me this day of �►il. -�# 3, by Herman Edell Mayor of the City Aspen, State of Colorado. F7ITNESS my hand and official seal. My commission expires: / - °l ,`,' ',QSF�AL) NOTARY; PUB' IC ✓ Address: [- STATE OF COLORAD ) ss. COUNTY OF PITKIN ) The fo oing inq lent was acknowledged before me this Fr day of WA Kathryn Koch, City Clerk, City Aspen, tate of Colorado. WITNESS my hard and official seal. My Commission expires:_/ i T:OTARY PUBLIC A(Nress: c-2lL.� xQ�_ M= N r°^ �r e. STATE OF COLORADO ) acm439 ixa217 ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this WA day of November, 1982, by Alexander E. Lipkin, a general partner, by Robert W. Hughes, his attornev -in -fact of Aspen Mountain Park, a Coloardo general partnership. WITNESS my hand and official seal. My commission expires: A% /. `.� (S`EAL) A`X ARY P .IC Address: .?.OD STATE OF COLORADO ) FS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this -� day of November, 1982, by as President of Snuggler Mobile Homeowner's Association, a Colorado cooperative. (SEAL) t k WITNESS my hand and official seal. My commission expires: NOTARY .uBLIC Address: - S - N X439 f b.2ig STATE OF COLORADO } ss. COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this day of November, 1982, by :is Secretary of Smuggler Mobile Homeowner's Association, a Colorado cooperative. (SEAL) WITNESS my hand and official seal. My commission expires: NOTARY PUBLIC Address: STATE. OF COLORADO ) } S5. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 1y1day of November, 1982, by Richard A_ Knezevic:i as Vice President of Pitkin Ltd., a Colorado corporation. 1" (SEAL) WNW WITNESS my hand and official seal. My commission expires: 9- 19-9`4 vac.aeX� �"u..R— -- OT14Ry P BLIC Address: (eoo ,'tae. ,�eo - r - war r 0 .. ,- w3�lF .alga.w�sc.- .���osaw:. «•.�•.+, .:l..�cn,— rant- .,_,- .�.�_... -.. ___..- _,,.- ..- __ - - - -- _ _. STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this j1 -+kdav of November, 1982, by Robert W. Hughes as Secretary of Pitkin Ltd., a Colorado corporation. WITNESS mv_ hand and official seal. 4YN;; A' My'commission expires: $_tib-9q IJTARY PUBLIC Address: L06 Z. • rIc4ra.ste, N a 39 =? a e,Aa September 20, 1982 t+ Aspen City Council C Aspen / Pitkin Planning Office -cor 203 S. Galena Aspen, CO 81611 VVV RE: Parcel C, Smuggler Mobile Home Subdivision rn!e: west Sales Price Increase ladies and Gentlemen: This requests that the Smuggler Precise Plan and Subdivision Agreement be revised to allow a sales price ceiling of $76,000.00 per mobile home. Background The Precise Plan and Subdivision Agreement for the Smuggler Mobile Home Park establishes a sales price ceiling of $70,00u for new mobile home units (Section 3, Paragraph B, Quoted in Book 424, Pages 780 - 845 of _�e Pitkin County real property records). This price was originally es'.blished in the Settlement Agreement of September 1980, and was based on thF addition of 26 unspecified mobile units within the Smuggler Mobile Home Park. The developer is now seeking NiMA financing su.port for 17 units, which will provide very attractive monthly payments to purchasers through interest rate buy - downs. However, constraints placed by FNMA to qualify for these loans require the developer to spend significant additional amounts on homes and improverents, a portion of which would be recovered if this request is approved. P,eouest This requests an increase in the allcwahle sales price to 576,000 for 14x70 mobile homes and $71,000 for 14x60 mobile hoes, to facilitate FNMA financing requirements. N y i a.er 20, 15$2 Page Two Rationale 1) M =439 { %,221 isted financing offers several siyni- This program is the only available for combined purchase of� mobile home and lot (all others are separate chattel loans for mobile home and con- ventional loans for land). The resulting fee simple ownership places homes more on par with other conventional structures in Aspen. Very strict qualification criteria assure that the buyer gets the best mobile home and lot. As outlined in Exhibit I (attached), home, foundations, and siding must be comparable to stick built housing ip. the Aspen area. As a consequence the developer is providing the best mobile homes available (from Century Housing in Fort Horgan; Colorado) with substantial foundations , site built steps, landscaping, etc. On a monthly cost basis, attractive rNMA financing terms r, :eon laver payments at a $76,000 sales price than separate loans at a $70,000 sales price. Exhibit II compares the two alternatives and indicates that with FNMA supported financing (an initial ll %,% rate, increasing to the long term 30 year rate of 14 %% after 5 years), payments start at $654.00 per month and increase to $939.00 per month in year 6. In contrast, separate loans for land (15 year, 18 %) and mobile home (15 year, either 16,% through FHA or 21% through banks) dictate a monthly payment of at mast $1,o50.00 in the first year. 2) To qualify for BM.A financing the developer must spend significant additional -- - monies on mobile ho and siting,_ which_ will only be partially compensated --- -- for by a $6 000 sales price inc ease. To qualify for this loan assistance, the developer will install nobile hoes from Century Housing of Fort Morgan, Colorado as outlined in the attached materials (Exhibit 110. These are among the finest units available, with pitched roofs, substantial insulation, quality construction materials, etc. In addition, very substantial permanent concrete foundations will be installed, with site built steps, fences, trees and landscaping. The total incremental cost of these homes and improvements, including unrecoverable loan fees from F %MA, is estimated at $10,000 per unit versus the next less expensive alternatives (not the cheapest)! The developer simply can not absorb all this cost. Without approval of a sales price increase, we will have to install less expensive units without F%MA financing assistance. C-- ritury (/ Housing Corporation P.O. Box 737 U.S:H-yhwoy34Eost Fat Mogan, Cotorodo 80701 Phor : 303- 867-8547 P May 27, 1982 Mr. John Hawkins Interwest 710 East Durant Aspen, Colorado 81611 Dear John: 5o43 4 f] RAY L SPE4✓,ER P».cS"? E.., r.n 9. +. 80704 x3 /661.650 EXHIBIT III Attached are three mobile home floor plans which I believe to be in harmony with your needs. Please note that my 14x70 units have an actual 70' floor with 954 square feet of living space. Likewise, the 14x60 has a 60' floor with 817 square feet. Mosi manufacturers have floor sizes 4' less than stated sizes, as they usually count the hitch in overall length. Each of the homes will include the following: A. 11 inch overhang on all four sides B. Deluxe exterior compatable with site built housing in Aspen C. Dishwasher D. Disposal E. 1101 roof vent with 5 way switch F. Shutoff valves at all fixtures above the floor line G. Vinyl feature wall in livingroom H. Glass door on 3/4 shower stalls You will also find enclosed a specification sheet describing our superior construction and the quality materials used in our standard construction. A piece of literature showing comparison is also enclosed. We have been most fortunate over the years in providing the majority of the homes for employee housing for the oas, oil and energy companies functioning in the Rockies. They were purchased from us not on price, but quality, durability, desirable housing, increasing values, and the best buy for their money when all things are considered. 1' a "IL DAVIS emx 535 PAGE975 L Co N AMENDMEN= TO PRECISE PLAN &ND V SUBDIVISION AGREEMENT Fo SMUGGLER MOBILE HOME PARK SUBD3WISION ro r7 r �m +wT_l � This Amendment, entered into this day of I{iV 1417, by and between THE CITY OF ASPEN, COLORADO, a Municipal Co+ I Corporat- ion (hereinafter referred to as the "City "), and SMUGGLER MOBILE HOME OWNERS' ASSOCIATION, a Colorado Cooperative (hereinafter referred to as the "Association "), PITKIN LIMITED, a Colorado Corporation, and ASPEN MOUNTAIN PARK, a Colorado General Partnership (hereinafter referred to as "Owner "). RECITALS WHEREAS the Association has submitted to the City for approval, execution and recordation an Amended Plat, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference and hereinafter referred to as the "Amended Plat," for a tract of land situated within the city of Aspen legally described as Parcel A, Smuggler Mobile Home Park Subdivision, hereinafter referred to as the "Property;" and WHEREAS the Property is zoned as a Specially Planned Area pursuant to the requirements of the Aspen Municipal Code; and WHEREAS the City has fully considered the proposed amend- ments to the plat of the Property; and WHEREAS the Property is governed by a Precise Plan and Subdivision Agreement recorded in Book 424 at Page 780 of the records of Pitkin County, Colorado; and WHEREAS the requirements of Chapter 24 of the Municipal Code of the City of Aspen require a written amendment to any Precise Plan and Subdivision Agreement; and WHEREAS the Association wishes to convey portions of the Property which are presently leased to the holders of shares in the association in the form of sinc•,le family lots; and WHEREAS the City has agreed to the conveyance of single family lots within the Property, upon the recordation of an amended plat and as amendment to the original Precise Plan and Subdivision Agreement for Smuggler Mobile Home Park Subdivision, and WHEREAS the City is willing to approve, execute and accept for recordation the Amended Plac upon agreement of the parties to the matters hereinafter described, subject to the representations made in the application submitted in connection herewith, the conditions of approval and all requirements, terms and conditions of the City of Aspen Subdivision and S.P.A. regulations now i, effect and such other laws, rules and regulations as are or ma- become applicable; and WHEREAS cinder the authority of the Municipal Code of the Citv of Aspen, the City is entitled to assuran.:es that �,nc 2WN 535 PASE976 matters hereinafter agreed to will be faithfully performed by the parties hereto and t.,eir successors and assigns, and the parties hereto ,re willing to enter into such agreements with, and to provide such assurances to, the City; Now THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the amended plat for recordation by the City, it is mutually agreed as follows: 1. General Development Plan. It is hereby recognized that anything in the original Precise Plan and Subdivision Agreement heretofore recorded notwithstanding, Parcel A will now be subdivided into eighty six (86) individually designated mobile home lots, the open space areas, trail easements, parking spaces, and internal roadway system all as are shown and noted on the Amended Plat. It is anticipated that the lots will be transferred to the individual shareholders to the fullest extent possible by the Association, and thereafter, the Association will retain ownership in the balance of the Property. Furthermore, it is anticipated the Property will be subject to certain protective covenants to be recorded in the records of Pitkin County, Colorado and which shall refer to the terms of this Amendment. The following features shall further defina and describe the Property to be conveyed by the Amended Plat: (i) The mobile homes and individual Lots, mobile homes or other dwellings at any time thereon situated, shall be and constitute controlled City of Aspen employee housing and as such, shall be deed or covenant restricted as set forth in this Agreement. (ii) Use of the common area shall be governed by the Protective Covenants and such other rules and regulations as the Association may promulgate. The common area shall either remain as open space or be maintained as a parking area. Any, develop- ment activity within the City shall require further review and approval by the City. 2. Employee Housing Restrictions. Anything to the contrary notwithstanding in the original Precise Plan and Subdivision Agreement, in consideration of the execution and recordation of the Amended Plat, the Association for itself, for its successors and assigns, hereby covenants with the City that any Lot, mobile! home or other dwelling unit to be located on any of the Lots shall be and hereby are dedicated and restricted for use as City, of Aspen employee housing and subject to all terms, conditions and covenants set forth in the Resale Agreement attached hereto as Exhibit B and incorporated herein by this reference, which Agreement shall be entered into by any person who obtains ar, interest in said Lots as a condition of the ownership interest. It is recognized that none of the employee housing dedications, covenants and restrictions contained herein with respect to tie Property shall be released or waived in any respect during the reriod they are binding without the further consent of the City reflected by resolution tt:ereof. The dedication, covenants and W BOON NT "°ACEU 11 restrictions herein set forth shall be deemed to run with the land herein described and be a benefit and burden thereto and to any one acquiring a record interest therein, their successors, grantees and assigns thereof, as well as being of a benefit and to be specifically enforceable by the City. The dedications, covenants and restrictions shall be and remain effective afore- said for the period of life of the longest lived member of the rresently existing City Council of Aspen, plus twenty one (21) years or for a period of fifty (50) years from the date of the recordation hereof in Pitkin County, Colorado real property records, whichever period is less. 3. Affirmation of Other Terms. Except as modified hereby, the terms of the original Precise Plan and Subdivision Agreement are hereby reconfirmed by all of the parties hereto. 4. Miscellaneous. A. The provisions hereof mall be binding upon and inure to the benefit of the Association, the City and their respective successors and assigns. B. This Agreemen': shall. be subject to and construed in accordance with the laws of the State of Colorado. C. If any provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or application thereof in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement. The application of any such provision, paragraph, sentence, clause, phrase, word or section, am other circumstances, shall not be affected thereby. D. This Amendment to the Precise Plan and Subdivision Agreement may be altered or amended fr..m time to time only by written instruments executed by all the parties hereto. E. Notices tc, be giver to the parties to this Agreement shall be considered to be given when delivered or deposited in the United states mail to the parties by registered or certified mail, at the addresses indicated below or such other addresses as may be substituted upon written notice of the parties or their successors or assigns; City of Asper. City Manager 130 South Galena Street Aspen, Colorado 8161 Smuggler Mobile Homeowners' Association Post Office Box 606 Aspen, Colorado 91612 F. The terms, provisions, Conditions and obligations contained here:_n shall be deemed to be covenants and burden the real ,�roperty more particularly shown on the Amended Plat, any and ail owners thereof, their successors, grantees or assigns, and further shall inuro to tha benefit of and to specifically by 3 eoaK 535 %E978 or against the parties hereto, their successors, grantees or assigns. IN WITVESS WHEREOF, the parties have hereunto set their hands and seals on the date and year set forth above. CITY OF ASPEN SMUGGLER MOBILE HOME OWNERS' ,9 ASSOCIATION By` Mayor President ATTEST: By•_� City Cie�c - - -\ SC�2 1ti1107 -�rnV w NI \r I EOOx 535 PASO EXHIBIT B SMUGGLER MOBILE HOME RESALE AGREEMENT This Agreement made and entered into this day of 1997, by and between u: the City of Aspen, County of Pitkin, Site of Colorado (hereinafter the "Owner ") and the )City of Aspen by and through its housing designee, the Housing Authority of Pitkin County (hereinafter the "Housing Authority "). W I T N E S S E T H WHEREAS the Owner has purchased '�-at real property located at (hereinafter the ;'Lot"), more specifically described as follows: Lot First Amended plat, Smuggler Mobile Home Park Subdivision, situate in Pitkin County, Colorado, according to the plat thereof recorded in the office of the County Clerk and Recorder of Pitkin County, Colorado on in Plat Book _ at Page and WHEREAS the owner acknowlc.ges that the Lot is subject to certain resale restrictions as contained in the Amendment to Precise Plan and Subdivision Agreement for Smuggler Mobile Hnme Park recorded in Book at Page of the records of Pitkin County, Colorado, which restrictions are for the purpose of addressing the housing needs of the area, and WHEREAS the parties hereto desire to insure that, upon resale, the Lot is again made available to satisfy the reed for employee housing in the City of Aspen and in Pitkin County, NOW THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consider- .tion, the parties agree as follows: I. Sale of Lot. At any time the Owner intends to sell t'ie Lot, he shall notify the Housing Authority in writing of his intention to do so and he shall deposit with the Housing Authority an amount equal to one -half (.5 %) percent of the estimated value the Lot as determined by the Owner. The Housing Authority shall immediately advertise the Lot for sale by competitive bid submitted by qualified purchasers (as herein defined). Subject to the provisi -ns of this Agreement, the Owner may accept the highest appropriate bid, or in the alternative, reject all bids and retain ownership of the Lot. If the Lct is sold, the Purchaser thereof shall pay an amount equal to the Housing Authority's actual costs of advertising and qualifying the prospective Purchaser, but in no event shall said amount be in excess of one (1 %) percent of the purchase pr1Ce of the Lot. The minimum amount to be paid in the event of any sale shall be equal to the deposit previously made by any owner. II. Qualified Purchasers. The following restrictions shai' appIv in determining whether a purchaser is qualified to purchas �I a Lot: uoaH 535 w)pa981 (a) The Lot shall be offered for sale to persons actually employed within the City of Aspen or Pitkin County, or other individuals deemed qualified by the Housing Authority, including, but not limited to, qualified retirees and pensioneis.'•Arry individual or individuals who purchase said Lot must agree, as a condition of sale and, in fact, must personally occupy the Lot as a primary residence during the period of ownership. (b) Should there be no qualified purchasers in category (a) above after a period of four (4) months from the date the Lot is first offered for sale, the Lot may then be offered for sale to any resident of Pitkin County. The purchaser or purchasers must agree as a condition of sale and, in fact, must Personally occupy such Lot as a primary place of residence during the period of ownership, and their occupancy must be approved by Smuggler Mobile Homeowner's Association, in accordance with the Protective Covenants encumbering the subject property. III. Exempt Transfers. The following transfers of any interest in the Lot, unless adopted to avoid the provisions of this Agreement, shall be exempt from its provi� ?ons: a. A transfer by operation of law of a deceased person's interest to the surviving joint tenant. b. A transfer of an interest by will or inheritance. c. A transfer by genuine gift without any ;:onsideration thereof. d. A transfer of an interest to a trustee for the benefit of the Owner or the Owner's spouse or issue. e. A transfer by operation of law of an interest of an Owner to any other co -owner (or co- owners) where such co -ow,ar (or co- owners) holds title on the date of such transfer as tenant -in- common or as joint tenant. f. A transfer of an interest by Treasurer's deed pursuant to a sale for delinq•ient taxes; or by a sheriff's or public or private trustee's deed pursuant to a judgment execution or foreclosure sale, but only for debts constituting a purchase monev mortgage. Anything above to the contrary notwithstanding, in ta, event that the Lot shall be transferred in any manner described in paragraphs a through f above, the transferee, his grantees or successors in interest, shall be bound by the terms and condit- ions of this Agreement in the same manner and degree as if no exempt transfer had occurred. IV. Burden of Agreement. In t11c event that `rereunder —be sold and conveyed without complian sale shall be wholly cull and void and shall natscever upon the intended purchaser. Each and r the Lot shall, for all purposes, be deemed _.ncorporate by reference in such instrument of any Lot burdened ee herewith, such confer no titic every conveyance to include and conveyance, oven =I BOGN 535 PAGE982 without reference hereto, the covenants contained herein. V. Change in Residency. The Owner agreas that, in the event he creases to utilize the Lot as his sole and exclusive place of residence when in Aspen, Colorado, he will offer the same for sale pursuant to the provisions of this Agreement. The Owner shall be deemed to have ceased to utilize the Lot as his sole and exclusive place of residence when in Aspen, Colorado, by failing to personally reside in the Lot for more than six (6) months per year without such justification as is acceptable to the Board of Directors of the Smuggler Mobile Homeowners Association. It is recognized that no Lot may be leased for any period of time in violation of the Protective Covenants for the Smuggler Mobile Homeowners Association. VI. wrongfi:l Interest. In the event any person with an ownership interest acquires such in,:arest without intending to use the same as his sole and exclusive place of residence, then all other aersons with an ownership interest shall simultaneously offer th= same for sale pursuant to the provisions of this Agreement, and the Lot shall become available for purchase pursuant to the provisions of Paragraphs I through IV above. VII. Notices. Any notice whic:l is required to be given hereunder shall be given by mailing the same, certified mail, to aty address provided herein or given as the current mailing address of the party. VIII. Covenants to Run With Land. The provisions of this Agreement shall be covenants running with the land, be binding upon the Owner and the City, his or its heirs, successors and assigns (and enforceable by any of them) and shall run for the period of the life of the survivor of the members of the present City Council, plus twenty -one (21) years. iX. Definition of Owner and Housing Authority. The term "Owner" as used herein shall refer to any and all persons (without regard to number or gender) or en.ities having an ownership interest in the Lot which is the subject of this Agreement. The term "Housing Authority" shall mean and inc..ude the City Council of the City of Aspen and /or such person or entity now or hereafter designated by the City Council to administer the terms of this Agreement on behalf of the City. X. Obligations at Closing. At the time of any sale of the Lot pursuant to the terms of this Agreement, the Owner shall provide (at his cost) title insurance (or other evide:ice of U tle); and any taxes, assessments, utility bills, etc., shall be pro -rated to the date of closing. Each party to the transaction she;_ assume his customary closing costs. XI. Remedies Upon Ereach. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms and the prevailing party in any litigation shall be entitled to an award of its reasonable attorney's fees. XII. Acknowledgment of Understanding. The Owner acknowledacs that he has read and fully understands and accepts the terms and conditions of this Agreement limiting the resale and rental of A popr'535 P.4GE983 the Lot; and further acknowledges that he is relying upon no oral representations qualifying or limiting the terms hereof. IN WITNESS NIHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER THE :.1PY OF ASPEN, BY AND THROUGH THE HOUSING AUTHORITY OF PITKIN COUNTY, AS THE CITY COUNCIL'S HOUSING DESIGNEE By Title —' Mai lin T Address S'T'ATE OF COLORADO ) ) sz< COUNTY Or PITKIN ) The foregoing document was acknowledged and sworn to before me this _ day of 1987, by My commission expires: Witness my hand and official seal. Notary Public ?, N ^, 4 ✓ ,O, Eile Edit Record lbiavgate Fgrm Reports ForMat Tab Help O Q ►x ►Q ►� ®a� "A J4 J 'v �tl �l � e jump l L-1 - >rj 'A [a A Ll + - -- :I a 10 0) g) 2-7 3-7 • 0- 14.09. 7 v 1 cQ� Mainl Custom Fields I Actions I Sub Pem-as I Fees I Fee Summary I Parcels I Conditions I Valuation I Routing History 3 Permit Type jaslu Aspen Land Use Permit #F6043 2009 ASUJ y 8 Address 12 AJAX AVE City JASPEN ZI Apt/Suite State CO - Zip 81611 J Permitlydormation Master Permit Routing Queue aslu07 Applied 07/0212009 J Project J Status Pending Approved F—J >R Description BDAVARIANCE Issued I —J 2AIAXAVE., LOT A, SMUGGLER RUN MOBILE HOME PARK SUBDIVISION Final F— Submitted JAMY GUTHRIE Clock Running Days Expires 06/27/2010 J -Owner :.:_ _: Last Name IGUTHRIE J First Name AMY 2 AJAX AVE Phone [970] 429 -2758 ASPEN CO 81611 F%0 OwnerlsAppicant? Last Name IGUTHRIE J First Name AMY 12 AJAX AVE Phone (970) 429 -2758 Cult# 128606 -^ ASPEN C081611 -- Lender Last Name J First Name Phone �— nter the master permit number - As enGol P d(b 1 —I Record: 1 ol1 cooq{ ) -2009• AS LN N July 1, 2009 Jennifer Phelan, Deputy Director Community Development Department 130 S. Galena Street Aspen, CO 81611 RE: 2 Ajax Avenue, Board of Adjustment Application Dear Jennifer; As part of my plans to redevelop the property located at 2 Ajax Avenue, I am submitting an application for variances from the setback requirements of the R -3 zone district, and an application for variances from the Residential Design Standards. Depending on Community Development's Staffs assessment of compliance with the Design Standards, the project may exceed the three waivers that can be granted administratively. If that is the case, please include the Residential Design Standards review in the presentation to the Board of Adjustment. The subject property is legally described as follows: 2 Ajax Avenue Lot A, Smuggler Run Mobile Home Park Subdivision City and Townsite of Aspen, Colorado PID# 2737 - 074 -09 -701 Questions on this application can be addressed to me, or the project architect, whose contact information is: Bryan Meyer, Partner Hive Modular 1313 Chestnut Avenue, Suite 115 Minneapolis, MN 55403 Ph. 612 - 379 -4382 bryan@hivemodular.com Thank you for the effort in reviewing this application. THE CITY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE: July 1, 2009 CASE #lA CI-t 3 , ?a) 01. AS L(�. APPLICANT /OWNER: Amy Guthrie PHONE: 948 -9706 MAILING ADDRESS: P.O. Box 2770, Aspen, CO 81612 LOCATION OF PROPERTY: 2 Ajax Avenue, Lot A, Smuggler Run Mobile Home Park Subdivision, City and Townsite of Aspen. WILL YOU BE REPRESENTED BY COUNSEL? Yes No X Below, describe clearly the proposed variance, including all dimensions and justification for the variance (additional paper may be used if necessary). The building permit application and any other information you feel is pertinent should accompany this application, and will be made part of this case. This application is for variances from the setback requirements of the R -3 Zone District, and variances from the Residential Design Standards. Please see the attached drawings and narrative for further information. Applicant's REASONS FOR DENIAL OF BUILDING PERMIT, BASED 01 THE ASPEN MUNICIPAL CODE, CHAPTER 26. AN OPINION CONCE ING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and I 11A -v V, ( P (hereinafter APPLICANT) AGREE AS FOLLOWS: — has submitted to CITY an application for (hereinafter, THE 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally, required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the Y for the processing of the application mentioned above, including post approval review at a rate of $ -Y 0 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By:_ Chris Bendon Community Development Director Date: Billing Address ind Telephone Number: t7P /!/ Special Warranty Deed (Pursuant to 38 -30-115 GRS.) State Documentary Fee Date: June O8, 2009 52420 THIS DEED, made on June 00, 2009 by ASPEN/PrrM COUNTY HOUSING AUTHORITY, A MULTIJURISDICTIONAL HOUSING AUTHORITY Grantot(s), of the County of PrnaN and State of COLORADO for the consideration of (5242,040.0) ••• Two Hundred Forty Two Thousand Forty and 00/100'•• dollars in hand paid, hereby sells and conveys to AMY L. GUTHRIE Grantee(s), whose street address is PO BOX 2770 ASPEN, CO 81612, County of PITKIN, and Stare of Colorado, the following real property in the County of Pfddn, and State of Colorado, to wit: LOT A, SMUGGLER RUN MOBILE HOME PARK SUBDIVISION, ACCORDING TO THE MAP THEREOF RECORDED JANUARY 17,1983, IN BOOK 14 AT PAGE 27. COUNTY OF PITKIN, STATE OF COLORADO. also known by street and number as: 2 AJAX AVENUE ASPEN CO 81611 with all its appurtenances and warrants the title against all persons claiming under the Grantor(s), subject to all owes and assessments for the year 200A TOM, MCCAIIEMXECUTIVE DIREC ASPENrPiRON COUNTY HOUSING AUTHORITY, A MULTIJURISDICTIONAL HOUSING AUTHORITY State of County of The foregoing instrument was acknowledged before Ise on this day of June 08, 2009 by TOM, MCCABE AS EXECUTIVE DIRECTOR FOR ASPEN/PnIGN COUNTY HOUSING AUTHORITY, A MULTIJURISDICTIONAL HOUSING AUTHORITY T4RY Pl1BLtC Notary Public EES:NA My commission expires y 3 y ommiss on xp — When Recorded Return to: AMY L GUPHRIE PO BOX 2770 ASPEN, CO 81612 Form 13953 092008 swd.blank.odt Special Warranty Deed (Photographic) Q62002346 (8859420) Law T& N ryry III IIIIII�IIIIII�IIIIIIIIIIIIIII State Dol7tlt1elipry Fee Special Warranty Deed $ Date; 00, 2009 (Pursuant to 3830 -115 C.R.S.) THIS DEED, made on Jute 08, 2009 by ASPEN/P17KIIY COUNTY HOUSING AUTHORITY, A MULTIJURGSDICTIONAL HOUSING AUTHORITY Grantor(s), of the Comity of PrrKIN and stare of COLORADO for the consideration of (5242,040.90)'•• Two Hundred Forty Two Thousand Forty and 00/100 0— dollars in hand paid, hereby sells and conveys to AMY L. GUITIRIE Grantee(s), whose street address is PO BOX 2770 ASPEN, CO 81612, County of PITKIN, and Stare of Colorado, the following real property in the County of P)ddn, and State of Colorado, to wit LOT A, SMUGGLER RUN MOBILE HOME PARK SUBDIVISION, ACCORDING TO THE MAP THEREOF RECORDED JANUARY 17, 1983, IN BOOK 14 AT PAGE 27. COUNTY OF PITKIN, STATE OF COLORADO. also known by street and number as: 2 AJAX AVENUE ASPEN CO 81611 with all its appurtenances and warrants the title against all persons claiming mender the Grantor(s), subject to all taxes and atsesments for theyw 200A TOM, MCCAOEMXECUITVE DDIEC O ASPEWPn'KIN COUNTY HOUSING'AUTHORITY, A MULTIJURISDICTIONAL HOUSING AUTHORITY State of C Gt1zg -) ) (1 ( ) ss County of V ov-i' ' ) The foregoing instrument was acknowledged before me on this day of June 08, 2009 by TOM, MCCABE AS EXECUTIVE DIRECTOR FOR ASPEN/PITKIN COUNTY HOUSING AUTHORITY, A MULTIJURISDICTIONAL HOUSING AUTHORITY iylplolj. I NOT&JC Notary Public STATE My commission expires y 3 'Z y u res When Recorded Return ro: AMY L. GUTHRIE PO BOX 2770 ASPEN, CO 81612 Pones 13953 092006 swd.blank.odt Special Warranty Deed (Photographic) Q62002346 (8059420) n 0 a o ° c$ a >, m e r d Y e A o a 1 4 s yORy � \ \'4.• '� F qCy \L f \ `T •. +.. O P T log j ��a�e •iF 2 40 Ie o16% a y A Y e ee ii elfo2i� � Ap i °! Q o °� E9 16 iB•E i� m t r E s cc jo >4 : < o e e! if ; a 1 'e2 15 4 4 °di�a °z K u Z e @�@i p'eriy % 2 "oP�e i Se r�; 'C 3i ij It � eiii� O e4l�E C k o O m i . � N f i mm m g 0 a H 4 A r > C ®� b �f r ► > �[® xx ro� � ox r (L{ W 00 Co z w r. e>> G A �n r� ® by x a Drew Alexander From: Amy Guthrie Sent: Monday, July 13, 2009 10:01 AM To: Drew Alexander Subject: 2 Ajax Hi- so like I said, Friday night I had my first HOA design review meeting on my house. We are meeting again tonight and I expect to get an approval. The HOA appears to be in strong support of my setback variance requests (hopefully I'll be able to provide a letter from them.) I don't think they'll take a position on the Residential Design Standards variances, other than by their overall approval of my project. They did say that they wanted a minimum of 10' between my house and the neighbors, so I'm scrambling today to do a minor revision to my plans. I will have replacement drawings for you today. In the meantime, I am dropping one part of my variance request, but will have to add to the Residential Design Standards variances. Basically the HOA wants me to make the house about 14" narrower, which makes it non - compliant with standards that require the living space to be wider than the garage, etc. Here is a statement of the variance requests, which will hopefully make the notice easier to write: The following variance requests are being made: a front yard setback reduction of up to 5', and a north sideyard setback reduction of up to 5.' If sideyard setback variances are not granted, the applicant request an alternative variance to install lightwells which are larger than the minimum required by the IBC within the resulting 5' interior yard. The proposed project requires variances from the Residential Design Standards related to building orientation, build -to- lines, garages, entry porches, and first story elements.* *I'm not sure if you all think this variance is needed. The whole house is one story. However, first story elements are supposed to have a plate height of no taller than 10', and my plate height is 11'6. Please let me know if you need anything else.